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Queensland
LOCAL GOVERNMENT
LEGISLATION AMENDMENT
BILL 2002
Queensland
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Replacement of ss 4859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
48 Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
49 How rates and charges are made . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
50 Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
51 Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
52 Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
53 Adjustment of special rates and charges . . . . . . . . . . . . . . . . . . . . . . 12
54 Refund of special rates and charges--special circumstances . . . . . . 13
55 Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
56 Utility charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
57 Utility charges for facilities under construction. . . . . . . . . . . . . . . . . 16
58 Validity of particular utility charges . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Amendment of s 60 (Levying rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6 Amendment of s 66 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . . . 17
7 Amendment of s 68 (Discount for prompt payment) . . . . . . . . . . . . . . . . . . 18
8 Amendment of s 75 (Remission, composition and settlement of rates) . . . . 18
9 Amendment of s 76 (Deferment of payment of liability) . . . . . . . . . . . . . . . 19
10 Amendment of s 79 (Exercise of concession powers requires
owner's application) ..................................... 19
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Local Government Legislation Amendment Bill 2002
11 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
79A Council may grant concessions to classes of land owners. . . . . . . . . 20
12 Amendment of s 80 (Limitation of increase in rate levied). . . . . . . . . . . . . . 21
13 Amendment of s 81 (Establishing criteria and categories) . . . . . . . . . . . . . . 21
14 Amendment of s 85 (Notice to owner of categorisation) . . . . . . . . . . . . . . . 22
15 Insertion of new pt 4, div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 1A--Revenue policy
106A Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . . . 23
106B Requirements and content of revenue policy . . . . . . . . . . . . . . . . . . . 23
106C Copies of revenue policy to be available for inspection and purchase 23
16 Amendment of s 108 (Content of budget documents). . . . . . . . . . . . . . . . . . 24
17 Insertion of new ss 109A and 109B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
109A Adoption of revenue statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
109B Requirements and content of revenue statement . . . . . . . . . . . . . . . . 24
18 Amendment of s 119 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Insertion of new s 136 and new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
136 Application of certain provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 6--TRANSITIONAL PROVISION
137 Transitional provision for Local Government Legislation
Amendment Act 2002--general charges . . . . . . . . . . . . . . . . . . . . 26
PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
20 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Amendment of s 5.1.5 (Fixing infrastructure charges) . . . . . . . . . . . . . . . . . 26
PART 4--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
22 Act amended in pt 4 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
23 Amendment of s 10 (How local government Acts apply to Brisbane
City Council) .............................................. 27
24 Amendment of s 36 (General powers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
25 Amendment of s 50 (General powers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Amendment of s 60F (Powers of joint board) . . . . . . . . . . . . . . . . . . . . . . . . 27
27 Insertion of new ch 7, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 2A--REVENUE POLICY
513A Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . . . 28
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Local Government Legislation Amendment Bill 2002
513B Requirements and content of revenue policy . . . . . . . . . . . . . . . . . . . 28
513C Copies of revenue policy to be available for inspection and purchase 29
28 Amendment of s 518 (Adoption of budget) . . . . . . . . . . . . . . . . . . . . . . . . . 29
29 Amendment of s 519 (Requirements of budgets) . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of s 520 (Content of operating fund budgets). . . . . . . . . . . . . . 30
31 Insertion of new s 520A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
520A Requirements and content of revenue statement . . . . . . . . . . . . . . . . 30
32 Amendment of s 524 (Budgets to be available for inspection and
purchase) ........................................... 30
33 Amendment of s 534 (Content of report about other issues of public
interest) .............................................. 31
34 Insertion of new s 854B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
854B Local laws and subordinate local laws about airport landing
charges ....................................... 31
35 Amendment of s 963 (Power to make and levy rates and charges). . . . . . . . 32
36 Amendment of s 967 (Minimum general rate levy) . . . . . . . . . . . . . . . . . . . 32
37 Amendment of s 971 (Special rates and charges) . . . . . . . . . . . . . . . . . . . . . 33
38 Amendment of s 971A (Adjustment of special rates and charges) . . . . . . . . 33
39 Insertion of new s 971B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
971B Refund of special rates and charges--special circumstances . . . . . . 33
40 Amendment of s 972 (Separate rates and charges) . . . . . . . . . . . . . . . . . . . . 34
41 Amendment of s 973 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Insertion of new s 973AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
973AA Utility charges for facilities under construction . . . . . . . . . . . . . . . . 35
43 Omission of ss 974 and 975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 Amendment of s 977 (Establishing criteria and categories) . . . . . . . . . . . . . 35
45 Amendment of s 983 (Notice to owner of categorisation) . . . . . . . . . . . . . . 36
46 Amendment and relocation of s 997 (Resolution to remove valueless
land from land record) ...................................... 37
47 Relocation of s 998 (Restoration of valueless land to land record). . . . . . . . 37
48 Amendment of s 1004 (Notice of sale of land) . . . . . . . . . . . . . . . . . . . . . . . 37
49 Insertion of new s 1006A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
1006A Notice of sale or change in ownership by new owner . . . . . . . . . . . . 38
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Local Government Legislation Amendment Bill 2002
50 Amendment of s 1007 (Result of failure to give notice of change
in ownership) ............................................. 38
51 Amendment of s 1008 (Levying rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
52 Amendment of s 1015 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . 39
53 Amendment of s 1016 (Meaning of "overdue rate"). . . . . . . . . . . . . . . . . . . 40
54 Amendment of s 1019 (Discount for prompt payment) . . . . . . . . . . . . . . . . 40
55 Amendment of s 1031 (Remission, composition and settlement of rates) . . 41
56 Amendment of s 1032 (Deferral of liability to pay rates) . . . . . . . . . . . . . . . 41
57 Amendment of s 1035 (Conditions on exercise of concession powers) . . . . 42
58 Insertion of new ch 14, pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Concessions for classes of land owners
1035A Local government may grant concessions to classes of land owners 42
59 Amendment of s 1036 (Limitation of increase in rate levied). . . . . . . . . . . . 44
60 Insertion of new s 1037A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
1037A Registering charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 Amendment of s 1038 (Recovery by court action) . . . . . . . . . . . . . . . . . . . . 45
62 Amendment of s 1039 (Application of division). . . . . . . . . . . . . . . . . . . . . . 45
63 Amendment of s 1044 (Reserve price at auction) . . . . . . . . . . . . . . . . . . . . . 46
64 Amendment of s 1051 (Purpose of this division) . . . . . . . . . . . . . . . . . . . . . 46
65 Amendment of s 1068 (Cost of work a charge over land). . . . . . . . . . . . . . . 46
66 Insertion of new ch 15, pt 4, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2A--Regulatory fees
1071A Power to fix regulatory fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
1071B Regulation may prescribe circumstances in which regulatory fee
can include tax ....................................... 47
1071C Requirements of local law or resolution fixing regulatory fee
including tax component ............................... 47
1071D Tax component of prescribed regulatory fees applies only to
rateable land ......................................... 48
1071E Register of regulatory fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67 Insertion of new s 1205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
1205A Application of certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
68 Insertion of new ch 19, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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Local Government Legislation Amendment Bill 2002
PART 8--TRANSITIONAL PROVISION FOR LOCAL
GOVERNMENT LEGISLATION AMENDMENT ACT 2002
1271 Continuation of general charges and former register of general
charges ......................................... 49
PART 5--AMENDMENT OF LOCAL GOVERNMENT
(CHINATOWN AND THE VALLEY MALLS) ACT 1984
69 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
70 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71 Amendment of s 6 (Restricted traffic on mall) . . . . . . . . . . . . . . . . . . . . . . . 51
72 Amendment of s 8 (Closure of road). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Insertion of new ss 1616C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
16 Removal or moving of vehicles in mall area . . . . . . . . . . . . . . . . . . . 51
16A Notice to operator if vehicle removed from mall area . . . . . . . . . . . . 52
16B Requirements for return of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 53
16C Sale of vehicle removed from mall . . . . . . . . . . . . . . . . . . . . . . . . . . 54
74 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 3A--APPEALS
19 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
19A How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
19B Stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
19C Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
19D Effect of Magistrates Court's decision. . . . . . . . . . . . . . . . . . . . . . . . 57
19E Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
75 Omission of pt 5 (Recovery of penalties by notices) . . . . . . . . . . . . . . . . . . 57
76 Amendment of s 39 (Appeal against council's decision etc.) . . . . . . . . . . . . 57
77 Insertion of new s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
47 References in local law to authorised officer . . . . . . . . . . . . . . . . . . . 57
PART 6--AMENDMENT OF LOCAL GOVERNMENT (QUEEN
STREET MALL) ACT 1981
78 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
79 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
80 Amendment of s 6 (Restricted traffic on mall) . . . . . . . . . . . . . . . . . . . . . . . 58
81 Amendment of s 8 (Offence to contravene notification) . . . . . . . . . . . . . . . . 59
82 Insertion of new ss 1111C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Local Government Legislation Amendment Bill 2002
11 Removal or moving of vehicles in mall area . . . . . . . . . . . . . . . . . . . 59
11A Notice to operator if vehicle removed from mall area . . . . . . . . . . . . 60
11B Requirements for return of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 61
11C Sale of vehicle removed from mall . . . . . . . . . . . . . . . . . . . . . . . . . . 61
83 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 3A--APPEALS
13A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
13B How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
13C Stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
13D Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
13E Effect of Magistrates Court's decision. . . . . . . . . . . . . . . . . . . . . . . . 64
13F Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Omission of pt 5 (Recovery of penalties by notices) . . . . . . . . . . . . . . . . . . 65
85 Amendment of s 33 (Appeal against council's decision etc.) . . . . . . . . . . . . 65
86 Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
40 References in local law to authorised officer . . . . . . . . . . . . . . . . . . . 65
PART 7--REPEAL
87 Repeal of Local Government (Malls) Regulation 2000 . . . . . . . . . . . . . . . . 65
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 66
MINOR AND CONSEQUENTIAL AMENDMENTS
CITY OF BRISBANE ACT 1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
2002
A BILL
FOR
An Act to amend certain local government legislation
s1 8 s4
Local Government Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Local Government Legislation Amendment 4
Act 2002. 5
2 Commencement
Clause 6
Parts 5 to 7 commence on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CITY OF BRISBANE 8
ACT 1924 9
3 Act amended in pt 2 and sch
Clause 10
(1) This part amends the City of Brisbane Act 1924. 11
(2) The schedule also includes amendments of the City of Brisbane 12
Act 1924. 13
4 Replacement of ss 4859
Clause 14
Sections 48 to 59-- 15
omit, insert-- 16
`48 Making of rates and charges 17
`(1) The council must make a general rate or differential general rates for 18
each financial year. 19
`(2) The council may, for a financial year, make and levy the 20
following-- 21
(a) minimum general rate levies; 22
s4 9 s4
Local Government Legislation Amendment Bill 2002
(b) separate rates and charges; 1
(c) special rates and charges; 2
(d) utility charges. 3
`49 How rates and charges are made 4
`A rate or charge mentioned in section 48 may only be made for a 5
financial year by resolution at the council's budget meeting for the year. 6
`50 Differential general rate 7
`(1) Before a differential general rate is made and levied, rateable land 8
must be categorised into 2 or more categories under division 4. 9
`(2) A differential general rate made and levied on rateable land in a 10
category may be the same as or different to the differential general rate 11
made and levied on land in another category. 12
`(3) If the council makes and levies a differential general rate for 13
rateable land for a financial year, the council must not make and levy a 14
general rate for the land for the year. 15
`(4) A differential general rate may be made and levied on a lot under a 16
community titles Act as if it were a parcel of rateable land. 17
`(5) To remove any doubt, it is declared that a differential general rate 18
may be made and levied on a lot included in a community titles scheme 19
under the Body Corporate and Community Management Act 1997. 20
`51 Minimum general rate levy 21
`(1) The council may identify rateable land for the purpose of making 22
and levying a minimum general rate levy in any way it considers 23
appropriate. 24
`(2) Subject to subsection (3), the council may, for a financial year, make 25
and levy not more than 1 minimum general rate levy on rateable land. 26
`(3) If the council makes and levies a differential general rate for the 27
financial year, the council-- 28
(a) may make and levy different minimum general rate levies on 29
rateable land in different categories; but 30
s4 10 s4
Local Government Legislation Amendment Bill 2002
(b) must not make and levy more than 1 minimum general rate levy 1
for rateable land in a category. 2
`(4) The council must not make and levy a minimum general rate levy 3
for a parcel of land if-- 4
(a) the Valuation of Land Act 1944, section 25,1 applies to the parcel; 5
and 6
(b) under that section, the parcel's discounted valuation period has 7
not ended. 8
`52 Special rates and charges 9
`(1) The council may make and levy a special rate or charge on rateable 10
land if-- 11
(a) the rate or charge is for a service, facility or activity; and 12
(b) in the council's opinion-- 13
(i) the land, or the occupier of the land, has or will specially 14
benefit from, or has or will have special access to, the 15
service, facility or activity; or 16
(ii) the occupier of the land, or the use made or to be made of 17
the land, has or will specially contribute to the need for the 18
service, facility or activity. 19
20
Examples for subsection (1)(b)(i)--
21
A rural fire services charge to raise funds for a rural fire brigade to purchase or maintain
22
equipment to service only part of the city.
23
A tourism promotion charge levied on land used for businesses that would benefit from
24
tourism promotion in the city.
25
A recreational facilities charge levied over a 2 year period to contribute to the cost of
26
building playground facilities and amenities in a nominated park in part of the city.
27
A cultural centre charge levied over an 8 year period to contribute to the cost of
28
building a centre in part of the city, with construction to start within a certain number of
29
years after the charge is first levied.
30
A charge, levied over a 20 year period, to repay a loan for the construction of a drainage
31
system in part of the city, from which some land would commence receiving a benefit
32
in a year and the remainder in a later year of the 20 year period.
1 Valuation of Land Act 1944, section 25 (Valuation--discounting for subdivided
land)
s4 11 s4
Local Government Legislation Amendment Bill 2002
1
Example for subsection (1)(b)(ii)--
2
An entity that relies on road transport for its business specially contributes to the wear
3
and tear on a local road adjoining its property and is likely to need a higher standard of
4
road than the occupiers of other properties adjoining the road.
`(2) The special rate or charge may be made and levied on the bases the 5
council considers appropriate. 6
`(3) The council may fix a minimum amount of a special rate. 7
`(4) Without limiting subsection (2), the amount of the special rate or 8
charge may vary according to the extent to which the council considers-- 9
(a) the land, or the occupier of the land, has or will specially benefit 10
from, or has or will have special access to, the service, facility or 11
activity; or 12
(b) the occupier of the land, or the use made or to be made of the 13
land, has or will specially contribute to the need for the service, 14
facility or activity. 15
`(5) The council's resolution making the special rate or charge must 16
identify-- 17
(a) the rateable land to which the rate or charge applies; and 18
(b) the overall plan for the supply of the service, facility or activity. 19
`(6) The overall plan must-- 20
(a) be adopted by the council by resolution, either before or when it 21
first makes the special rate or charge; and 22
(b) identify the rateable land to which the rate or charge applies; and 23
(c) describe the service, facility or activity; and 24
(d) state the estimated cost of implementing the overall plan; and 25
(e) state the estimated time for implementing the overall plan. 26
`(7) Under an overall plan, a special rate or charge may be made and 27
levied for 1 or more years before any of the funds received by the council 28
from the special rate or charge are expended in implementing the plan. 29
`(8) If an overall plan will not be implemented within 1 year, the council 30
must, at or before the budget meeting for each year of the period for 31
implementing the overall plan, by resolution, adopt an annual 32
implementation plan for the year. 33
s4 12 s4
Local Government Legislation Amendment Bill 2002
`(9) The council may, by resolution, at any time, amend an overall plan 1
or an annual implementation plan. 2
`(10) The council may identify parcels of rateable land to which the rate 3
or charge applies in any way it considers appropriate. 4
`(11) Subsection (1) is taken to have been complied with if the special 5
rate or charge is made and levied on-- 6
(a) all rateable land that, at the time of making and levying the rate 7
or charge, could reasonably be identified as land on which the 8
rate or charge may be made and levied; or 9
(b) all rateable land on which the rate or charge may be made and 10
levied, other than land accidentally omitted. 11
`(12) To remove any doubt, it is declared that the council may make and 12
levy a special rate or charge under subsection (1) for a service, facility or 13
activity not supplied by the council itself, including a service, facility or 14
activity supplied or undertaken by another local government-- 15
(a) in the other local government's area; and 16
(b) under arrangements entered into, under the Local Government 17
Act 1993, section 59,2 by the council and the other local 18
government. 19
`53 Adjustment of special rates and charges 20
`(1) If more funds are received by the council from a special rate or 21
charge made and levied in a financial year than are expended in carrying 22
out the implementation plan for the year, the council may carry the 23
unexpended funds forward for expending under an implementation plan in 24
a future financial year. 25
`(2) A special rate or charge is not invalid merely because the council 26
made and levied a special rate or charge on land to which section 52(1)(b) 27
did not apply. 28
`(3) If the council makes and levies a special rate or charge on land to 29
which section 52(1)(b) does not apply, the council must return the funds 30
received to the person on whom the special rate or charge was levied. 31
`(4) If the council has funds received from a special rate or charge 32
remaining after an overall plan is implemented, or after the council decides 33
2 Local Government Act 1993, section 59 (Cooperation between local governments)
s4 13 s4
Local Government Legislation Amendment Bill 2002
not to fully implement an overall plan, the council must, as soon as 1
practicable after the plan is implemented or the decision is made, pay the 2
remaining funds, in the same proportions as the special rate or charge was 3
last levied, to the current owners of the land on which the special rate or 4
charge was levied. 5
`(5) However, subsection (4) does not apply if section 54 applies to the 6
remaining funds. 7
`54 Refund of special rates and charges--special circumstances 8
`(1) This section applies if-- 9
(a) the council decides not to fully implement an overall plan that 10
has been partly implemented; and 11
(b) the council has funds received from a special rate or charge 12
remaining; and 13
(c) the plan identifies, for different stages of its implementation, the 14
rateable land, or occupiers of the land, that will benefit from, or 15
have access to, the service, facility or activity. 16
`(2) As soon as practicable after making the decision, the council must 17
pay the remaining funds, in the reasonable proportions decided by the 18
council by resolution, to the current owners of the land on which the 19
special rate or charge was levied. 20
`(3) The council must decide the proportions having regard to the 21
following-- 22
(a) the proportions in which the rate or charge has been levied on 23
each parcel of rateable land; 24
(b) the extent to which the land, or its occupiers, benefits from, or 25
has access to, the service, facility or activity. 26
`55 Separate rates and charges 27
`(1) The council may make and levy a separate rate or charge for a 28
service, facility or activity in the way it considers appropriate. 29
`(2) The council may fix a minimum amount of a separate rate. 30
`(3) To remove any doubt, it is declared that the council may make and 31
levy a separate rate or charge for a service, facility or activity whether or 32
not the service, facility or activity is supplied by the council itself. 33
s4 14 s4
Local Government Legislation Amendment Bill 2002
`56 Utility charges 1
`(1) The council may make and levy a utility charge on-- 2
(a) any land, whether vacant or occupied, and whether or not it is 3
rateable land; or 4
(b) a structure. 5
`(2) A utility charge may be for-- 6
(a) supplying water, gas or sewerage services; or 7
(b) supplying cleansing services for occupied land or a structure. 8
`(3) The council may, under section 57, make and levy a utility charge 9
for supplying water or sewerage services before construction of the 10
facilities for supplying the services is completed. 11
`(4) A utility charge may be made and levied on the bases the council 12
considers appropriate. 13
`(5) Without limiting subsection (4), the amounts of utility charges may 14
differ on the basis of-- 15
(a) the use made of particular land, or a particular structure or a class 16
of land or structure; or 17
(b) the unimproved value of particular land; or 18
(c) any other circumstances peculiar to the supply of the relevant 19
service to particular land, a particular structure or a class of land 20
or structure. 21
`(6) To remove any doubt, it is declared that the council may make and 22
levy a utility charge for a service whether or not the service is supplied by 23
the council itself. 24
`(7) The council may, and it is declared always could, do 1 or more of 25
the following-- 26
(a) make and levy a utility charge for services supplied or to be 27
supplied during part of the financial year and part of another 28
financial year; 29
(b) make and levy differing charges for services supplied or to be 30
supplied during various periods in 1 or more financial years; 31
(c) in making and levying differing charges under paragraph (b), 32
decide the way the charges are to be apportioned. 33
s4 15 s4
Local Government Legislation Amendment Bill 2002
1
Examples of application of subsection (7)--
2
1. For water used between 30 April 1998 and 31 July 1998, the council may resolve
3
to charge--
4
(a) for water used (as measured) during the period 30 April 1998 to 31 July 1998
5
on the basis of the charge made at the budget meeting for the 19971998
6
financial year; or
7
(b) for water used (as measured) during the period 30 April 1998 to 31 July 1998
8
on the basis of the charge made at the budget meeting for the 19981999
9
financial year; or
10
(c) for--
11
(i) water used (as measured) during the period 30 April 1998 to 30 June
12
1998 on the basis of the charge made at the budget meeting for the
13
19971998 financial year; and
14
(ii) water used (as measured) during the period 1 July 1998 to 31 July 1998
15
on the basis of the charge made at the budget meeting for the 19981999
16
financial year; or
17
(d) an apportioned charge for water used during the 2 periods (30 April 1998 to
18
30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of--
19
(i) the total amount of water used (as measured) during the period 30 April
20
1998 to 31 July 1998--93 days--being apportioned to each period
21
according to the respective lengths of the periods--62 days and 31 days
22
respectively; or
23
(ii) another basis set out in the resolution.
24
2. The council may resolve to charge for water supplied between 1 July 1998 and
25
30 June 1999--
26
(a) for the period 1 July 1998 to 28 February 1999--a flat charge of $300 with an
27
excess charge of $1 per kL of water used greater than 350 kL; and
28
(b) for the period 1 March 1999 to 30 June 1999--an amount based on the actual
29
consumption of water during the period.
`(8) Despite subsection (7), the council must not for a financial year 30
make and levy a utility charge for services supplied or to be supplied other 31
than in that, the previous or the next financial year. 32
`(9) Charges made and levied under a decision under subsection (7) are 33
lawfully made and levied under this Act. 34
`(10) Subsections (7) to (9) apply despite the reference in sections 48 35
and 493 to the making and levying of rates and charges for a financial year. 36
3 Sections 48 (Making of rates and charges) and 49 (How rates and charges are made)
s4 16 s4
Local Government Legislation Amendment Bill 2002
`(11) If-- 1
(a) a meter or other measuring device is to be read on a particular 2
day for working out the amount of a charge to be levied by the 3
council for a service; and 4
(b) the council resolves to apply this subsection to the reading of 5
meters or other measuring devices; 6
it is taken to have been read on that day if it is read within a period of 7
2 weeks before or after that day. 8
9
Example for subsection (11)--
10
If the council resolves to apply this subsection to the supply of water that is to be
11
charged on the basis of usage for a period ended 30 April and a meter is read on
12
10 May, that reading is taken to be the reading at 30 April for the purposes of working
13
out the water usage during the period.
`(12) Subsection (11) does not restrict the council's power to make local 14
laws relating to other aspects of the administration of metered consumption 15
for a utility service. 16
17
Example for subsection (12)--
18
A local law may be made to provide for water consumption to be estimated on the basis
19
of the best information reasonably available if a water meter is found to be
20
malfunctioning or inoperative during any period of consumption.
`57 Utility charges for facilities under construction 21
`(1) The council may, for a financial year, make and levy a utility charge 22
for supplying water or sewerage services before construction of the 23
facilities for supplying the services is completed if, when the charge is 24
made and levied-- 25
(a) either-- 26
(i) construction of the facilities has started; or 27
(ii) the council intends that construction of the facilities will 28
start during the financial year and has included, in its budget 29
for the year, the funds necessary for construction to start; 30
and 31
(b) the council reasonably believes the services will be supplied 32
within the next financial year. 33
`(2) The utility charge is not invalid merely because the services are not 34
supplied within the next financial year because of circumstances beyond 35
the council's control. 36
s5 17 s6
Local Government Legislation Amendment Bill 2002
`58 Validity of particular utility charges 1
`A utility charge made and levied by the council for supplying water or 2
sewerage services is not invalid merely because the council did not comply 3
with the Local Government Act 1993, chapter 10.4'. 4
5 Amendment of s 60 (Levying rates)
Clause 5
(1) Section 60(1), `A rate must be levied'-- 6
omit, insert-- 7
`The council may levy a rate only'. 8
(2) Section 60(1)(b), after `case--'-- 9
insert-- 10
`the person recorded in the council's records as'. 11
(3) Section 60(2A)(a)-- 12
omit, insert-- 13
`(a) if the council has decided 1 or more discount dates or 1 or more 14
discount periods for payment of the rate-- 15
(i) the discount or information about how the discount is 16
calculated; and 17
(ii) whether the discount is to be allowed only if either or both 18
of the following amounts are paid before any of the discount 19
dates, or within any of the discount periods, for the rates-- 20
(A) another stated rate; or 21
(B) an amount, including any interest on the amount, 22
payable for work performed by the council under the 23
Local Government Act 1993, section 1066;5 and'. 24
6 Amendment of s 66 (Payment by instalments)
Clause 25
Section 66-- 26
insert-- 27
4 Local Government Act 1993, chapter 10 (Reform of certain water and sewerage
services)
5 Local Government Act 1993, section 1066 (Performing work for owner or occupier)
s7 18 s8
Local Government Legislation Amendment Bill 2002
`(5) An instalment identified in the resolution is taken to have been an 1
overdue rate for the Local Government Act 1993, chapter 14, part 7, 2
division 3,6 from the day it first became an overdue rate if-- 3
(a) the instalment is not paid as required under the resolution; and 4
(b) the instalment was, before the resolution was made, an overdue 5
rate.'. 6
7 Amendment of s 68 (Discount for prompt payment)
Clause 7
(1) Section 68(2)-- 8
insert-- 9
`(ca) whether the discount is to be allowed only if-- 10
(i) another rate is paid before the discount date, or within the 11
discount period, for the rate or other rate; or 12
(ii) an amount, including any interest on the amount, is not 13
payable for work performed by the council under the Local 14
Government Act 1993, section 1066;7 and'. 15
(2) Section 68(2)(ca) and (d)-- 16
renumber as section 68(2)(d) and (e). 17
8 Amendment of s 75 (Remission, composition and settlement of
Clause 18
rates) 19
Section 75-- 20
insert-- 21
`(5) A rate identified in the agreement is taken to have been an overdue 22
rate for the Local Government Act 1993, chapter 14, part 7, division 3,8 23
from the day it first became an overdue rate if-- 24
(a) the rate is not paid as required under the agreement; and 25
6 Local Government Act 1993, chapter 14 (Rates and charges), part 7 (Recovery of
rates), division 3 (Sale of land for overdue rates)
7 Local Government Act 1993, section 1066 (Performing work for owner or occupier)
8 Local Government Act 1993, chapter 14 (Rates and charges), part 7 (Recovery of
rates), division 3 (Sale of land for overdue rates)
s9 19 s 11
Local Government Legislation Amendment Bill 2002
(b) the rate was an overdue rate before the agreement was entered 1
into.'. 2
9 Amendment of s 76 (Deferment of payment of liability)
Clause 3
Section 76-- 4
insert-- 5
`(6) A rate identified in the arrangement is taken to have been an overdue 6
rate for the Local Government Act 1993, chapter 14, part 7, division 3,9 7
from the day it first became an overdue rate if-- 8
(a) the rate is not paid as required under the arrangement; and 9
(b) the rate was, before the arrangement was entered into, an overdue 10
rate.'. 11
10 Amendment of s 79 (Exercise of concession powers requires
Clause 12
owner's application) 13
(1) Section 79, heading-- 14
omit, insert-- 15
`79 Council may grant particular concessions on owner's 16
application'. 17
(2) Section 79-- 18
insert-- 19
`(2) To remove any doubt it is declared that the council may exercise a 20
power whether or not the rate has been levied.'. 21
11 Insertion of new s 79A
Clause 22
After section 79-- 23
insert-- 24
9 Local Government Act 1993, chapter 14 (Rates and charges), part 7 (Recovery of
rates), division 3 (Sale of land for overdue rates)
s 11 20 s 11
Local Government Legislation Amendment Bill 2002
`79A Council may grant concessions to classes of land owners 1
`(1) The council may, by resolution, do any of the following for land 2
owners of a class identified in the resolution-- 3
(a) remit, wholly or partly, a rate; 4
(b) defer payment of a rate until a stated time. 5
`(2) The council may exercise a power under subsection (1) only if it is 6
satisfied the exercise is justified by any of the following factors-- 7
(a) the land owners are-- 8
(i) pensioners; or 9
(ii) bodies whose objects do not include the making of profit; 10
(b) payment of the rate would cause the land owners hardship; 11
(c) the assistance or encouragement of economic development of the 12
whole or part of the city; 13
(d) the preservation, restoration or maintenance of buildings or 14
places of cultural, environmental, historic, heritage or scientific 15
significance to the city; 16
(e) a factor prescribed under a regulation. 17
`(3) If the council remits a rate under subsection (1)(a) and a landowner 18
of the class identified in the resolution has already paid the rate, the council 19
must refund the overpaid amount. 20
`(4) A resolution for subsection (1)(b) may provide for any of the 21
following, if the terms applicable to the payment of the rate stated in the 22
resolution are not met-- 23
(a) the application of section 67 to the payment of the rate; 24
(b) the immediate payment of the rate. 25
`(5) A rate identified in the resolution is taken to have been an overdue 26
rate for the Local Government Act 1993, chapter 14, part 7, division 3,10 27
from the day it first became an overdue rate if-- 28
(a) the rate is not paid as required under the resolution; and 29
(b) the rate was an overdue rate before the resolution was made. 30
10 Local Government Act 1993, chapter 14 (Rates and charges), part 7 (Recovery of
rates), division 3 (Sale of land for overdue rates)
s 12 21 s 13
Local Government Legislation Amendment Bill 2002
`(6) The council may exercise a power under subsection (1) for the 1
period-- 2
(a) stated in the resolution; or 3
(b) without limit of time while the owners of the land continue to be 4
eligible for the benefit conferred by the exercise of the power. 5
`(7) To remove any doubt, it is declared that the council may exercise the 6
power whether or not the rate has been levied.'. 7
12 Amendment of s 80 (Limitation of increase in rate levied)
Clause 8
Section 80(1)-- 9
omit, insert-- 10
`(1) When the council resolves to make and levy a rate, it may also 11
resolve that the amount levied will not be more than-- 12
(a) for all or stated classes of land on which the rate levied for the 13
previous financial year was for the full year--the amount of the 14
rate levied for the previous financial year increased by a stated 15
percentage; or 16
(b) for land on which the rate levied for the previous financial year 17
was for a period less than the full year--the amount worked out 18
by-- 19
(i) reducing the amount of the rate levied for the previous 20
financial year to a daily amount; and 21
(ii) multiplying the daily amount by 365.'. 22
13 Amendment of s 81 (Establishing criteria and categories)
Clause 23
Section 81, after paragraph (b)-- 24
insert-- 25
26
`Example--
27
If the categories decided by the council for rateable land are residential land,
28
commercial and industrial land, grazing and livestock land, rural (sugar cane) land,
29
rural (other) land, sugar milling land and other land, the criteria for the categories
30
might be as follows--
31
(a) for residential land--land used for residential purposes in particular urban
32
centres, rural localities, park residential estates and coastal villages;
s 14 22 s 14
Local Government Legislation Amendment Bill 2002
1
(b) for commercial and industrial land--land used solely for commerce and
2
industry in particular urban centres and rural localities, other than land used
3
for manufacturing sugar or another rural production industry;
4
(c) for grazing and livestock land--land--
5
(i) used, for commercial purposes, for grazing and livestock; and
6
(ii) to which a concession under the Valuation of Land Act 1944,
7
section 17(1) applies;
8
(d) for rural (sugar cane) land--land used for producing sugar cane;
9
(e) for rural (other) land--land that is not--
10
(i) in an urban centre or locality; or
11
(ii) used for grazing and livestock; or
12
(iii) rural (sugar cane) land or sugar milling land;
13
(f) for sugar milling land--land used for manufacturing sugar;
14
(g) for other land--land not mentioned in paragraphs (a) to (f).'.
14 Amendment of s 85 (Notice to owner of categorisation)
Clause 15
(1) Section 85, from `A rate notice' to `is levied'-- 16
omit, insert-- 17
`If the council resolves to make and levy a differential general rate, a rate 18
notice mentioned in subsection (2)'. 19
(2) Section 85-- 20
insert-- 21
`(2) Subsection (1) applies to-- 22
(a) the first rate notice given to the owner of the land during a 23
financial year; and 24
(b) a later rate notice given to the owner of the land during the 25
financial year only if either of the following has changed since 26
the previous rate notice was given to the owner-- 27
(i) the rating category in which the land is included; 28
(ii) the owner of the land. 29
`(3) A statement including the information mentioned in 30
subsection (1)(a) to (c) may be contained in or accompany any other rate 31
notice.'. 32
s 15 23 s 15
Local Government Legislation Amendment Bill 2002
15 Insertion of new pt 4, div 1A
Clause 1
After section 106-- 2
insert-- 3
`Division 1A--Revenue policy 4
`106A Preparation and adoption of revenue policy 5
`(1) The council must, for each financial year, prepare and, by resolution, 6
adopt a revenue policy. 7
`(2) The council must ensure each revenue policy is prepared and 8
adopted in enough time, before the start of the financial year for which it is 9
prepared, to allow preparation and adoption of a budget for the financial 10
year consistent with the policy. 11
`(3) When the policy is adopted by the council, it becomes the council's 12
revenue policy for the financial year for which it is prepared. 13
`106B Requirements and content of revenue policy 14
`(1) The council's revenue policy, or an amendment of the policy, must 15
comply with financial management standards prescribed under 16
section 127.11 17
`(2) The revenue policy must, if, under section 79A,12 the council intends 18
to remit rates or defer payment of rates for the financial year, state the 19
purpose of the remittance or deferral. 20
`(3) The council may, by resolution, amend its revenue policy for a 21
financial year at any time before the year ends. 22
`106C Copies of revenue policy to be available for inspection and 23
purchase 24
`The council must-- 25
(a) ensure its revenue policy is open to inspection; and 26
11 Section 127 (Financial management standards)
12 Section 79A (Council may grant concessions to classes of land owners)
s 16 24 s 17
Local Government Legislation Amendment Bill 2002
(b) make copies available for purchase at its public office at a price 1
not more than the cost to the council of producing the copy and, 2
if a copy is supplied to a purchaser by post, the cost of postage.'. 3
16 Amendment of s 108 (Content of budget documents)
Clause 4
(1) Section 108(1)(d)-- 5
omit, insert-- 6
`(d) be accompanied by the council's revenue statement for the 7
financial year; and 8
(da) be developed consistently with the council's revenue policy; 9
and'. 10
(2) Section 108(2)(c)-- 11
omit. 12
17 Insertion of new ss 109A and 109B
Clause 13
After section 109-- 14
insert-- 15
`109A Adoption of revenue statement 16
`The council must adopt, by resolution, a revenue statement for each 17
financial year before the start of the financial year. 18
`109B Requirements and content of revenue statement 19
`(1) The council's revenue statement, or an amendment of the statement, 20
must comply with financial management standards prescribed under 21
section 127.13 22
`(2) A revenue statement must state each of the following matters-- 23
(a) if the council makes and levies a differential general rate for the 24
financial year-- 25
(i) the categories into which rateable land in the city is to be 26
categorised; and 27
13 Section 127 (Financial management standards)
s 18 25 s 19
Local Government Legislation Amendment Bill 2002
(ii) the criteria by which land is to be categorised; 1
(b) if the council makes and levies a special rate or charge, for the 2
financial year, for a service, facility or activity supplied by 3
another local government under arrangements entered into under 4
the Local Government Act 1993, section 5914--a summary of the 5
terms of the arrangements; 6
(c) if the council fixes a regulatory fee for the financial year--the 7
criteria used to decide the amount of all regulatory fees fixed for 8
the year. 9
`(3) The council may, by resolution, amend its revenue statement for a 10
financial year at any time before the year ends.'. 11
18 Amendment of s 119 (Annual report)
Clause 12
Section 119(3), after paragraph (a)-- 13
insert-- 14
`(aa) details of action taken in relation to, and expenditure on, a 15
service, facility or activity-- 16
(i) for which the council made and levied a special rate or 17
charge during the year; and 18
(ii) supplied by another local government under arrangements 19
entered into under the Local Government Act 1993, 20
section 59; and'. 21
19 Insertion of new s 136 and new pt 6
Clause 22
After section 135-- 23
insert-- 24
`136 Application of certain provisions 25
`This Act, as amended by sections 5(3), 7 and 15 to 18 of the Local 26
Government Legislation Amendment Act 2002, applies for the financial 27
year beginning on 1 July 2003 and each later financial year. 28
14 Local Government Act 1993, section 59 (Cooperation between local governments)
s 20 26 s 21
Local Government Legislation Amendment Bill 2002
`PART 6--TRANSITIONAL PROVISION 1
`137 Transitional provision for Local Government Legislation 2
Amendment Act 2002--general charges 3
`(1) A general charge relating to a matter mentioned in the Local 4
Government Act 1993, section 1071A(1)(a) to (d),15 (a "prescribed 5
general charge") is taken to be a regulatory fee fixed under section 1071A 6
of that Act. 7
`(2) A general charge that is not a prescribed general charge is taken to 8
be a charge made under section 6A.16 9
`(3) In this section-- 10
"general charge" means a charge fixed by the council under section 59, 11
before the commencement of the Local Government Legislation 12
Amendment Act 2002, section 4.17'. 13
PART 3--AMENDMENT OF INTEGRATED PLANNING 14
ACT 1997 15
20 Act amended in pt 3
Clause 16
This part amends the Integrated Planning Act 1997. 17
21 Amendment of s 5.1.5 (Fixing infrastructure charges)
Clause 18
Section 5.1.5(1)-- 19
omit, insert-- 20
`(1) A local government may, in the way stated in this division, fix a 21
charge for the capital cost of a development infrastructure item (an 22
"infrastructure charge").'. 23
15 Local Government Act 1993, section 1071A (Power to fix regulatory fees)
16 Section 6A (Powers of council)
17 Local Government Legislation Amendment Act 2002, section 4 (Replacement of
ss 4859)
s 22 27 s 26
Local Government Legislation Amendment Bill 2002
PART 4--AMENDMENT OF LOCAL GOVERNMENT 1
ACT 1993 2
22 Act amended in pt 4 and sch
Clause 3
(1) This part amends the Local Government Act 1993. 4
(2) The schedule also includes amendments of the Local Government 5
Act 1993. 6
23 Amendment of s 10 (How local government Acts apply to
Clause 7
Brisbane City Council) 8
Section 10(a)-- 9
insert-- 10
`(xiv)to a local government's land record includes a reference to 11
a record of rateable land kept by the Brisbane City Council; 12
and'. 13
24 Amendment of s 36 (General powers)
Clause 14
Section 36(2)(c)-- 15
omit, insert-- 16
`(c) charge for services and facilities it supplies, other than a service 17
or facility for which a regulatory fee may be fixed; and'. 18
25 Amendment of s 50 (General powers)
Clause 19
Section 50(2)(c)-- 20
omit, insert-- 21
`(c) charge for services and facilities it supplies, other than a service 22
or facility for which a regulatory fee may be fixed; and'. 23
26 Amendment of s 60F (Powers of joint board)
Clause 24
Section 60F(2)(c)-- 25
omit, insert-- 26
s 27 28 s 27
Local Government Legislation Amendment Bill 2002
`(c) charge for services and facilities it supplies, other than a service 1
or facility for which a regulatory fee may be fixed; and'. 2
27 Insertion of new ch 7, pt 2A
Clause 3
Chapter 7-- 4
insert-- 5
`PART 2A--REVENUE POLICY 6
`513A Preparation and adoption of revenue policy 7
`(1) A local government must, for each financial year, prepare and, by 8
resolution, adopt a revenue policy. 9
`(2) The local government must ensure each revenue policy is prepared 10
and adopted in enough time, before the start of the financial year for which 11
it is prepared, to allow preparation and adoption of a budget for the 12
financial year consistent with the policy. 13
`(3) When the policy is adopted by the local government, it becomes the 14
local government's revenue policy for the financial year for which it is 15
prepared. 16
`513B Requirements and content of revenue policy 17
`(1) A local government's revenue policy, or an amendment of its 18
revenue policy, must comply with the Local Government Finance 19
Standards. 20
`(2) The revenue policy must, if, under section 1035A18, the local 21
government intends to remit rates or defer payment of rates for the financial 22
year, state the purpose of the remittance or deferral. 23
`(3) A local government may, by resolution, amend its revenue policy for 24
a financial year at any time before the financial year ends. 25
18 Section 1035A (Local government may grant concessions to classes of land owners)
s 28 29 s 29
Local Government Legislation Amendment Bill 2002
`513C Copies of revenue policy to be available for inspection and 1
purchase 2
`A local government must-- 3
(a) ensure its revenue policy is open to inspection; and 4
(b) make copies available for purchase at its public office at a price 5
not more than the cost to the local government of producing the 6
copy and, if a copy is supplied to a purchaser by post, the cost of 7
postage.'. 8
28 Amendment of s 518 (Adoption of budget)
Clause 9
(1) Section 518, heading, after `budget'-- 10
insert-- 11
`and revenue statement'. 12
(2) Section 518(1)-- 13
omit, insert-- 14
`(1) A local government must adopt, by resolution, for each financial 15
year-- 16
(a) a budget for its operating fund; and 17
(b) a revenue statement.'. 18
(3) Section 518(2), after `budget'-- 19
insert-- 20
`and revenue statement'. 21
29 Amendment of s 519 (Requirements of budgets)
Clause 22
(1) Section 519(2)(a), `and operational plan'-- 23
omit, insert-- 24
`, operational plan and revenue policy'. 25
(2) Section 519(2)-- 26
insert-- 27
`(d) must be accompanied by its revenue statement.'. 28
s 30 30 s 32
Local Government Legislation Amendment Bill 2002
30 Amendment of s 520 (Content of operating fund budgets)
Clause 1
Section 520(1)(c)-- 2
omit. 3
31 Insertion of new s 520A
Clause 4
After section 520-- 5
insert-- 6
`520A Requirements and content of revenue statement 7
`(1) A local government's revenue statement, or an amendment of the 8
statement, must comply with the Local Government Finance Standards. 9
`(2) A revenue statement must state each of the following matters-- 10
(a) if the local government makes and levies a differential general 11
rate for the financial year-- 12
(i) the categories into which rateable land in its area is to be 13
categorised; and 14
(ii) the criteria by which land is to be categorised; 15
(b) if the local government makes and levies a special rate or charge, 16
for the financial year, for a service, facility or activity supplied by 17
another local government under arrangements entered into under 18
section 5919--a summary of the terms of the arrangements; 19
(c) if the local government fixes a regulatory fee for the financial 20
year--the criteria used to decide the amount of all regulatory fees 21
fixed for the year. 22
`(3) A local government may, by resolution, amend its revenue statement 23
for a financial year at any time before the year ends.'. 24
32 Amendment of s 524 (Budgets to be available for inspection and
Clause 25
purchase) 26
(1) Section 524, heading, after `Budgets'-- 27
insert-- 28
19 Section 59 (Cooperation between local governments)
s 33 31 s 34
Local Government Legislation Amendment Bill 2002
`and revenue statements'. 1
(2) Section 524(2)(a), after `budget'-- 2
insert-- 3
`and its revenue statement'. 4
33 Amendment of s 534 (Content of report about other issues of
Clause 5
public interest) 6
(1) Section 534(a)-- 7
omit, insert-- 8
`(a) details of action taken in relation to, and expenditure on, a 9
service, facility or activity-- 10
(i) for which the local government made and levied a special 11
rate or charge for the financial year; and 12
(ii) supplied by another local government under arrangements 13
entered into under section 59; and'. 14
(2) Section 534(e)-- 15
omit, insert-- 16
`(e) a summary of all rebates and concessions allowed by the local 17
government in relation to rates; and'. 18
34 Insertion of new s 854B
Clause 19
Chapter 12, part 1, division 2-- 20
insert-- 21
`854B Local laws and subordinate local laws about airport landing 22
charges 23
`(1) To remove any doubt, it is declared that a local government may 24
make a local law or subordinate local law giving the local government 25
power to recover an airport landing charge from the holder of the certificate 26
of registration issued for an aircraft under the Civil Aviation Regulations 27
1988 (Cwlth). 28
`(2) In this section-- 29
s 35 32 s 36
Local Government Legislation Amendment Bill 2002
"aircraft" has the meaning given by the Civil Aviation Act 1988 (Cwlth), 1
section 3.20 2
"airport" means an aerodrome within the meaning of the Civil Aviation 3
Act 1988 (Cwlth), section 3. 4
"airport landing charge" means a charge made by the local government 5
under section 3621 or, for the Brisbane City Council, the City of 6
Brisbane Act 1924, section 6A,22 for the landing of an aircraft at an 7
airport owned or operated by the local government.'. 8
35 Amendment of s 963 (Power to make and levy rates and charges)
Clause 9
Section 963(2)-- 10
omit. 11
36 Amendment of s 967 (Minimum general rate levy)
Clause 12
(1) Section 967(2)-- 13
omit, insert-- 14
`(2) Subject to subsection (3) and sections 968 and 969, a local 15
government may, for a financial year, make and levy not more than 16
1 minimum general rate levy on rateable land. 17
`(2A) However, if a local government makes and levies a differential 18
general rate for the financial year, the local government-- 19
(a) may make and levy different minimum general rate levies on 20
rateable land in different categories; but 21
(b) must not make and levy more than 1 minimum general rate levy 22
for rateable land in a category.'. 23
(2) Section 967(2A) and (3)-- 24
renumber as section 967(3) and (4). 25
20 Civil Aviation Act 1988 (Cwlth), section 3 (Interpretation)
21 Section 36 (General powers)
22 City of Brisbane Act 1924, section 6A (Powers of council)
s 37 33 s 39
Local Government Legislation Amendment Bill 2002
37 Amendment of s 971 (Special rates and charges)
Clause 1
(1) Section 971-- 2
insert-- 3
`(2A) The local government may fix a minimum amount of a special 4
rate.'. 5
(2) Section 971(7), from `whether'-- 6
omit, insert-- 7
`whether or not supplied or undertaken by the local government itself, 8
including a service, facility or activity supplied or undertaken by another 9
local government-- 10
(a) in the other local government's area; and 11
(b) under arrangements entered into, under section 59,23 by the local 12
governments.'. 13
38 Amendment of s 971A (Adjustment of special rates and charges)
Clause 14
(1) Section 971A(4), after `must'-- 15
insert-- 16
`, as soon as practicable after the plan is implemented or the decision is 17
made,'. 18
(2) Section 971A-- 19
insert-- 20
`(5) However, subsection (4) does not apply if section 971B applies to 21
the remaining funds.'. 22
39 Insertion of new s 971B
Clause 23
After section 971A-- 24
insert-- 25
`971B Refund of special rates and charges--special circumstances 26
`(1) This section applies if-- 27
23 Section 59 (Cooperation between local governments)
s 40 34 s 41
Local Government Legislation Amendment Bill 2002
(a) the local government decides not to fully implement an overall 1
plan that has been partly implemented; and 2
(b) the local government has funds received from a special rate or 3
charge remaining; and 4
(c) the plan identifies, for different stages of its implementation, the 5
rateable land, or occupiers of the land, that will benefit from, or 6
have access to, the service, facility or activity. 7
`(2) As soon as practicable after making the decision, the local 8
government must pay the remaining funds, in the reasonable proportions 9
decided by the local government by resolution, to the current owners of the 10
land on which the special rate or charge was levied. 11
`(3) The local government must decide the proportions having regard to 12
the following-- 13
(a) the proportions in which the rate or charge has been levied on 14
each parcel of rateable land; 15
(b) the extent to which the land, or its occupiers, benefits from, or 16
has access to, the service, facility or activity.'. 17
40 Amendment of s 972 (Separate rates and charges)
Clause 18
(1) Section 972(1), after `activity'-- 19
insert-- 20
`in the way it considers appropriate'. 21
(2) Section 972-- 22
insert-- 23
`(1A) The local government may fix a minimum amount of a separate 24
rate.'. 25
(3) Section 972(1A) and (2)-- 26
renumber as section 972(2) and (3). 27
41 Amendment of s 973 (Utility charges)
Clause 28
Section 973(3)-- 29
omit, insert-- 30
s 42 35 s 44
Local Government Legislation Amendment Bill 2002
`(3) A local government may, under section 973AA, make and levy a 1
utility charge for supplying water or sewerage services before construction 2
of the facilities for supplying the services is completed.'. 3
42 Insertion of new s 973AA
Clause 4
After section 973-- 5
insert-- 6
`973AA Utility charges for facilities under construction 7
`(1) A local government may, for a financial year, make and levy a utility 8
charge for supplying water or sewerage services before construction of the 9
facilities for supplying the services is completed if, when the charge is 10
made and levied-- 11
(a) either-- 12
(i) construction of the facilities has started; or 13
(ii) the local government intends that construction of the 14
facilities will start during the financial year and has 15
included, in its budget for the year, the funds necessary for 16
construction to start; and 17
(b) the local government reasonably believes the services will be 18
supplied within the next financial year. 19
`(2) The utility charge is not invalid merely because the services are not 20
supplied within the next financial year because of circumstances beyond 21
the local government's control.'. 22
43 Omission of ss 974 and 975
Clause 23
Sections 974 and 975-- 24
omit. 25
44 Amendment of s 977 (Establishing criteria and categories)
Clause 26
Section 977, after paragraph (b)-- 27
insert-- 28
s 45 36 s 45
Local Government Legislation Amendment Bill 2002
1
`Example--
2
If the categories decided by a local government for rateable land are residential land,
3
commercial and industrial land, grazing and livestock land, rural (sugar cane) land,
4
rural (other) land, sugar milling land and other land, the criteria for the categories
5
might be as follows--
6
(a) for residential land--land used for residential purposes in particular urban
7
centres, rural localities, park residential estates and coastal villages;
8
(b) for commercial and industrial land--land used solely for commerce and
9
industry in particular urban centres and rural localities, other than land used
10
for manufacturing sugar or another rural production industry;
11
(c) for grazing and livestock land--land--
12
(i) used, for commercial purposes, for grazing and livestock; and
13
(ii) to which a concession under the Valuation of Land Act 1944,
14
section 17(1) applies;
15
(d) for rural (sugar cane) land--land used for producing sugar cane;
16
(e) for rural (other) land--land that is not--
17
(i) in an urban centre or locality; or
18
(ii) used for grazing and livestock; or
19
(iii) rural (sugar cane) land or sugar milling land;
20
(f) for sugar milling land--land used for manufacturing sugar;
21
(g) for other land--land not mentioned in paragraphs (a) to (f).'.
45 Amendment of s 983 (Notice to owner of categorisation)
Clause 22
(1) Section 983(1)-- 23
omit, insert-- 24
`(1) If a local government resolves, for a financial year, to make and levy 25
a differential general rate on land, a rate notice mentioned in subsection (2) 26
must contain or be accompanied by a statement that complies with 27
subsection (3). 28
`(1A) Subsection (1) applies to-- 29
(a) the first rate notice given to the owner of the land during the 30
financial year; and 31
(b) a later rate notice given to the owner of the land during the 32
financial year only if either of the following has changed since 33
the previous rate notice was given to the owner-- 34
(i) the rating category in which the land is included; 35
(ii) the owner of the land.'. 36
s 46 37 s 48
Local Government Legislation Amendment Bill 2002
(2) Section 983-- 1
insert-- 2
`(3) A statement including the information mentioned in subsection (3) 3
may be contained in or accompany any other rate notice.'. 4
(3) Section 983(1A) to (3)-- 5
renumber as section 983(2) to (4). 6
46 Amendment and relocation of s 997 (Resolution to remove
Clause 7
valueless land from land record) 8
(1) Section 997(1)(b)-- 9
omit, insert-- 10
`(b) the overdue rates total more than-- 11
(i) the unimproved value of the land; or 12
(ii) the market value of the land; and'. 13
(2) Section 997(1)(c), before `the land'-- 14
insert-- 15
`if paragraph (b)(i) applies--'. 16
(3) Section 997(2), `part 7, division 4'-- 17
omit, insert-- 18
`this division'. 19
(4) Section 997-- 20
relocate and renumber as section 1051A. 21
47 Relocation of s 998 (Restoration of valueless land to land record)
Clause 22
Section 998-- 23
relocate and renumber as section 1052A. 24
48 Amendment of s 1004 (Notice of sale of land)
Clause 25
Section 1004-- 26
insert-- 27
s 49 38 s 50
Local Government Legislation Amendment Bill 2002
`(4) A notice mentioned in subsection (3)(a) must state each of the 1
following-- 2
(a) the date of the sale; 3
(b) the description of the land; 4
(c) the full name and address of the vendor; 5
(d) the full name and address of the land's owner after the sale.'. 6
49 Insertion of new s 1006A
Clause 7
After section 1006-- 8
insert-- 9
`1006A Notice of sale or change in ownership by new owner 10
`(1) If land is sold or ownership of land changes, the person who 11
becomes the owner of the land immediately after the sale or change 12
(the "new owner"), or an agent of the new owner, may give the local 13
government concerned written notice stating each of the following-- 14
(a) the date of the change; 15
(b) the nature of the change; 16
(c) the description of the land; 17
(d) the full name and address of the land's owner before the change; 18
(e) the full name and address of the new owner. 19
`(2) If the local government is satisfied of the sale or change-- 20
(a) it may record the new owner in its land record for levying rates; 21
and 22
(b) the new owner is the owner of the land for sections 1010 23
and 1011.'. 24
50 Amendment of s 1007 (Result of failure to give notice of change
Clause 25
in ownership) 26
Section 1007(a)-- 27
omit, insert-- 28
s 51 39 s 52
Local Government Legislation Amendment Bill 2002
`(a) is liable for payment of all rates levied on the land, and all 1
interest accrued, before the earlier of the following, as if no 2
change in ownership had happened-- 3
(i) the notice is given to the local government; 4
(ii) the local government records a sale or change in ownership 5
under section 1006A; and'. 6
51 Amendment of s 1008 (Levying rates)
Clause 7
(1) Section 1008(1), `A rate may be levied'-- 8
omit, insert-- 9
`A local government may levy a rate'. 10
(2) Section 1008(1)(b), after `case--'-- 11
insert-- 12
`the person recorded in the local government's land record as'. 13
(3) Section 1008(2A)(a)-- 14
omit, insert-- 15
`(a) if the local government has decided 1 or more discount dates or 16
1 or more discount periods for payment of the rate-- 17
(i) the discount or information about how the discount is 18
calculated; and 19
(ii) whether the discount is to be allowed only if either or both 20
of the following amounts are paid before any of the discount 21
dates, or within any of the discount periods, for the rates-- 22
(A) another stated rate; or 23
(B) an amount, including any interest on the amount, 24
payable for work performed by the local government 25
under section 1066; and'. 26
52 Amendment of s 1015 (Payment by instalments)
Clause 27
(1) Section 1015(3), after `last day'-- 28
insert-- 29
`(the "due date")'. 30
s 53 40 s 54
Local Government Legislation Amendment Bill 2002
(2) Section 1015(4)-- 1
omit, insert-- 2
`(4) However, if the unpaid instalment was an overdue rate before the 3
resolution was made, the unpaid instalment is taken to have been an 4
overdue rate for part 7, division 3,24 from the day it first became an overdue 5
rate. 6
`(5) Subsection (4) applies despite section 1016. 7
`(6) In this section-- 8
"default day" means the day after the due date.'. 9
53 Amendment of s 1016 (Meaning of "overdue rate")
Clause 10
(1) Section 1016, `or 1032'-- 11
omit, insert-- 12
`, 1032 or 1035A'. 13
(2) Section 1016-- 14
insert-- 15
`(d) the terms stated in a resolution under section 1035A.'. 16
54 Amendment of s 1019 (Discount for prompt payment)
Clause 17
(1) Section 1019(2)-- 18
insert-- 19
`(ca) whether the discount is to be allowed only if-- 20
(i) another rate is paid before the discount date, or within the 21
discount period, for the rate or other rate; or 22
(ii) an amount, including any interest on the amount, is not 23
payable for work performed by the local government under 24
section 1066; and'. 25
(2) Section 1019(2)(ca) and (d)-- 26
renumber as section 1019(2)(d) and (e). 27
24 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)
s 55 41 s 56
Local Government Legislation Amendment Bill 2002
55 Amendment of s 1031 (Remission, composition and settlement of
Clause 1
rates) 2
(1) Section 1031(3), after `last day'-- 3
insert-- 4
`(the "due date")'. 5
(2) Section 1031(4)-- 6
omit, insert-- 7
`(4) However, if the unpaid amount was an overdue rate before the 8
arrangement was entered into, the unpaid amount is taken to have been an 9
overdue rate for part 7, division 3,25 from the day it first became an overdue 10
rate. 11
`(4A) Subsection (4) applies despite section 1016.26 12
`(4B) For this section-- 13
"default day" means the day after the due date.'. 14
(3) Section 1031(4A) to (5)-- 15
renumber as section 1031(5) to (7). 16
56 Amendment of s 1032 (Deferral of liability to pay rates)
Clause 17
(1) Section 1032(4), after `last day'-- 18
insert-- 19
`(the "due date")'. 20
(2) Section 1032(5)-- 21
omit, insert-- 22
`(5) However, if the unpaid amount was an overdue rate before the 23
arrangement was entered into, the unpaid amount is taken to have been an 24
overdue rate for part 7, division 3,27 from the day it first became an overdue 25
rate. 26
25 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)
26 Section 1016 (Meaning of "overdue rate")
27 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)
s 57 42 s 58
Local Government Legislation Amendment Bill 2002
`(5A) Subsection (5) applies despite section 1016.28 1
`(5B) For this section-- 2
"default day" means the day after the due date.'. 3
(3) Section 1032(5A) to (6)-- 4
renumber as section 1032(6) to (8). 5
57 Amendment of s 1035 (Conditions on exercise of concession
Clause 6
powers) 7
Section 1035-- 8
insert-- 9
`(3) To remove any doubt, it is declared that a local government may 10
exercise a power whether or not the rate has been levied.'. 11
58 Insertion of new ch 14, pt 6, div 2
Clause 12
After section 1035-- 13
insert-- 14
`Division 2--Concessions for classes of land owners 15
`1035A Local government may grant concessions to classes of land 16
owners 17
`(1) A local government may, by resolution, do any of the following for 18
land owners of a class identified in the resolution-- 19
(a) remit, wholly or partly, a rate; 20
(b) defer payment of a rate until a stated time. 21
`(2) A local government may exercise a power under subsection (1) only 22
if the local government is satisfied the exercise is justified by any of the 23
following circumstances or factors-- 24
(a) the land owners are-- 25
(i) pensioners; or 26
28 Section 1016 (Meaning of "overdue rate")
s 58 43 s 58
Local Government Legislation Amendment Bill 2002
(ii) entities whose objects do not include the making of profit; 1
or 2
(iii) entities providing assistance or encouragement for the arts 3
or cultural development; 4
(b) payment of the rate would cause the land owners hardship; 5
(c) the assistance or encouragement of economic development of the 6
whole or part of the area; 7
(d) the preservation, restoration or maintenance of structures or 8
places of cultural, environmental, historic, heritage or scientific 9
significance to the local government's area; 10
(e) circumstances and factors prescribed under a regulation. 11
`(3) If the local government remits a rate under subsection (1)(a) and a 12
landowner of the class identified in the resolution has already paid the rate, 13
the local government must refund the overpaid amount. 14
`(4) A resolution for subsection (1)(b) may provide for any of the 15
following, if an amount identified in the resolution is not paid by the last 16
day (the "due date") of the period stated in the resolution as the period 17
within which the amount is payable-- 18
(a) on the default day, for part 5, division 329-- 19
(i) the unpaid amount becomes an overdue rate; or 20
(ii) the unpaid amount and all other amounts (the "remaining 21
amounts") the payment of which is provided for under the 22
resolution and that have not been paid become an overdue 23
rate; 24
(b) the unpaid amount, or the unpaid amount and all remaining 25
amounts, may bear interest as an overdue rate from the default 26
day, or a later day decided by the local government, under 27
section 1018.30 28
`(5) However, if the unpaid amount was an overdue rate before the 29
resolution was made, the unpaid amount is taken to have been an overdue 30
rate for part 7, division 3,31 from the day it first became an overdue rate. 31
29 Part 5 (Levying and payment of rates), division 3 (Overdue rates)
30 Section 1018 (Overdue rates may bear interest)
31 Part 7 (Recovery of rates), division 3 (Sale of land for overdue rates)
s 59 44 s 59
Local Government Legislation Amendment Bill 2002
`(6) Subsection (5) applies despite section 1016.32 1
`(7) A local government may exercise a power under subsection (1) for 2
the period-- 3
(a) stated in the resolution; or 4
(b) without limit of time while the owners of the land continue to be 5
eligible for the benefit conferred by the exercise of the power. 6
`(8) To remove any doubt, it is declared that a local government may 7
exercise the power whether or not the rate has been levied. 8
`(9) In this section-- 9
"default day" means the day after the due date.'. 10
59 Amendment of s 1036 (Limitation of increase in rate levied)
Clause 11
Section 1036(1)-- 12
omit, insert-- 13
`(1) When a local government resolves to make and levy a rate, it also 14
may resolve that the amount levied will not be more than-- 15
(a) for all or stated classes of land on which the rate levied for the 16
previous financial year was for the full year-- 17
(i) the amount of the rate levied for the previous financial year; 18
or 19
(ii) the amount of the rate levied for the previous financial year 20
increased by a stated percentage; or 21
(b) for land on which the rate levied for the previous financial year 22
was for a period less than the full year--the amount worked out 23
by-- 24
(i) reducing the amount of the rate levied for the previous 25
financial year to a daily amount; and 26
(ii) multiplying the daily amount by 365.'. 27
32 Section 1016 (Meaning of "overdue rate")
s 60 45 s 62
Local Government Legislation Amendment Bill 2002
60 Insertion of new s 1037A
Clause 1
Chapter 14, part 7, division 2-- 2
insert-- 3
`1037A Registering charge over land 4
`(1) An overdue rate is a charge on the land on which the rate was levied. 5
`(2) The local government may lodge a request to register the charge in 6
the appropriate form over the land with the registrar of titles. 7
`(3) The request must be accompanied by a certificate signed by the local 8
government's chief executive officer stating the overdue rate is a charge 9
over the land under this section. 10
`(4) The charge is in addition to any other remedy the local government 11
has for recovery of the overdue rate. 12
`(5) The local government must, as soon as practicable after payment of 13
the overdue rate, lodge with the registrar-- 14
(a) a request to release the charge in the appropriate form; and 15
(b) a certificate stating that the overdue rate has been paid.'. 16
61 Amendment of s 1038 (Recovery by court action)
Clause 17
(1) Section 1038(1)-- 18
omit, insert-- 19
`(1) Overdue rates may be recovered by a proceeding for debt brought in 20
a court of competent jurisdiction by the local government.'. 21
(2) Section 1038-- 22
insert-- 23
`(4) If, in a proceeding under subsection (1), the court orders a person 24
against whom judgment is awarded to pay all or part of the local 25
government's costs, the amount of the costs ordered is, from the date of the 26
judgment, taken to be an overdue rate for section 1037A and division 3.'. 27
62 Amendment of s 1039 (Application of division)
Clause 28
Section 1039, from `3 years'-- 29
omit, insert-- 30
s 63 46 s 66
Local Government Legislation Amendment Bill 2002
`the following period-- 1
(a) for a rate levied on a mining claim--3 months; 2
(b) for a rate levied on vacant land or land used solely for 3
commercial purposes for which the local government has 4
obtained judgment--1 year; 5
(c) for another rate--3 years.'. 6
63 Amendment of s 1044 (Reserve price at auction)
Clause 7
Section 1044(3)-- 8
omit. 9
64 Amendment of s 1051 (Purpose of this division)
Clause 10
Section 1051(1)-- 11
omit, insert-- 12
`(1) This division states how a local government may-- 13
(a) remove valueless land from its land record; and 14
(b) acquire the valueless land.'. 15
65 Amendment of s 1068 (Cost of work a charge over land)
Clause 16
Section 1068-- 17
insert-- 18
`(7) The local government must, as soon as practicable after payment of 19
the unpaid amount, lodge with the registrar-- 20
(a) a request to release the charge in the appropriate form; and 21
(b) a certificate stating that the unpaid amount has been paid.'. 22
66 Insertion of new ch 15, pt 4, div 2A
Clause 23
Chapter 15, part 4-- 24
insert-- 25
s 66 47 s 66
Local Government Legislation Amendment Bill 2002
`Division 2A--Regulatory fees 1
`1071A Power to fix regulatory fees 2
`(1) A local government may, by local law or resolution, fix a fee 3
(a "regulatory fee") for any of the following-- 4
(a) an application for, or the issue of, an approval, consent, licence, 5
permission, registration or other authority under a local 6
government Act; 7
(b) recording a change of ownership of land; 8
(c) giving information kept under a local government Act; 9
(d) seizing property or animals under a local government Act. 10
`(2) A regulatory fee must not be more than the cost to the local 11
government of providing the service or taking the action for which the fee 12
is charged. 13
`(3) However, subsection (2) does not apply to the extent the regulatory 14
fee includes a tax component under this division. 15
`(4) A local government may fix a regulatory fee by resolution even if a 16
corresponding fee had previously been fixed by local law. 17
`1071B Regulation may prescribe circumstances in which regulatory 18
fee can include tax 19
`(1) A regulation may prescribe circumstances in which a regulatory fee 20
mentioned in section 1071A(1)(a) (a "prescribed regulatory fee") may 21
include an amount that is a tax (a "tax component"). 22
`(2) The regulation must state the purposes for which the prescribed 23
regulatory fee may include the tax component. 24
`1071C Requirements of local law or resolution fixing regulatory fee 25
including tax component 26
`(1) A prescribed regulatory fee may include a tax component only-- 27
(a) in the circumstances and for a purpose prescribed under a 28
regulation made under section 1071B; and 29
(b) if the local government resolves that the purpose of the tax 30
component benefits its local government area. 31
s 67 48 s 67
Local Government Legislation Amendment Bill 2002
`(2) The local law or resolution fixing the prescribed regulatory fee must 1
state the amount and purpose of the tax component. 2
`1071D Tax component of prescribed regulatory fees applies only to 3
rateable land 4
`If a local government fixes a prescribed regulatory fee that includes a 5
tax component and is payable in relation to land, the tax component of the 6
fee applies only in relation to rateable land. 7
`1071E Register of regulatory fees 8
`(1) A local government must keep a register of its regulatory fees. 9
`(2) The register is open to inspection. 10
`(3) The register must identify-- 11
(a) for each regulatory fee--the paragraph of section 1071A(1) 12
under which the fee is fixed; and 13
(b) for a regulatory fee fixed under-- 14
(i) section 1071A(1)(a)--the provision of the local government 15
Act under which the approval, consent, licence, permission, 16
registration or other authority is applied for or issued; or 17
(ii) section 1071A(1)(c)--the provision of the local government 18
Act under which the information is kept; or 19
(iii) section 1071A(1)(d)--the provision of the local government 20
Act under which the property or animals are seized.'. 21
67 Insertion of new s 1205A
Clause 22
Chapter 18, part 2-- 23
insert-- 24
`1205A Application of certain provisions 25
`This Act, as amended by sections 27 to 33, 51(3) and 54 of the Local 26
Government Legislation Amendment Act 2002, applies for the financial 27
year beginning on 1 July 2003 and each later financial year.'. 28
s 68 49 s 68
Local Government Legislation Amendment Bill 2002
68 Insertion of new ch 19, pt 8
Clause 1
Chapter 19-- 2
insert-- 3
`PART 8--TRANSITIONAL PROVISION FOR LOCAL 4
GOVERNMENT LEGISLATION AMENDMENT 5
ACT 2002 6
`1271 Continuation of general charges and former register of general 7
charges 8
`(1) A general charge relating to a matter mentioned in 9
section 1071A(1)(a) to (d)33 (a "prescribed general charge") is taken to 10
be a regulatory fee fixed under section 1071A. 11
`(2) A general charge that is not a prescribed general charge is taken to 12
be a charge made under section 36.34 13
`(3) A local government's register of general charges is taken to be a 14
register of regulatory fees for section 1071E35 to the extent it contains a 15
record of a prescribed general charge. 16
`(4) On or before 31 December 2003, a local government must-- 17
(a) identify each fee or charge that is-- 18
(i) not a prescribed general charge; and 19
(ii) recorded in its register of regulatory fees; and 20
(b) remove the records of the identified fees or charges from the 21
register. 22
`(5) Subsections (3) and (4) apply to the Brisbane City Council. 23
`(6) In this section-- 24
"general charge" means-- 25
(a) for the Brisbane City Council--a charge fixed by the council 26
under the City of Brisbane Act 1924, section 59, before the 27
33 Section 1071A (Power to fix regulatory fees)
34 Section 36 (General powers)
35 Section 1071E (Register of regulatory fees)
s 69 50 s 70
Local Government Legislation Amendment Bill 2002
commencement of the Local Government Legislation 1
Amendment Act 2002, section 4;36 or 2
(b) for another local government--a charge fixed by a local 3
government under section 974, before the commencement of the 4
Local Government Legislation Amendment Act 2002, 5
section 43,37 for services and facilities supplied by the local 6
government. 7
"register of general charges" means-- 8
(a) for the Brisbane City Council--the record of general charges 9
kept by the council before the commencement of the Local 10
Government Legislation Amendment Act 2002, section 4; or 11
(b) for any other local government--the register of general charges 12
kept by the local government under section 975, before the 13
commencement of the Local Government Legislation 14
Amendment Act 2002, section 43.'. 15
PART 5--AMENDMENT OF LOCAL GOVERNMENT 16
(CHINATOWN AND THE VALLEY MALLS) ACT 1984 17
69 Act amended in pt 5
Clause 18
This part amends the Local Government (Chinatown and The Valley 19
Malls) Act 1984. 20
70 Amendment of s 3 (Interpretation)
Clause 21
Section 3-- 22
insert-- 23
36 Local Government Legislation Amendment Act 2002, section 4 (Replacement of
ss 4859)
37 Local Government Legislation Amendment Act 2002, section 43 (Omission of ss 974
and 975)
s 71 51 s 73
Local Government Legislation Amendment Bill 2002
` "authorised person" means a person appointed by the council as an 1
authorised person under the Local Government Act 1993, chapter 15, 2
part 5.38 3
"operator", of a vehicle, includes-- 4
(a) the person in whose name the vehicle is registered under the 5
Transport Operations (Road Use Management) Act 1995 or the 6
Act of another State that corresponds to that Act; and 7
(b) a person who has the use or control of the vehicle under a hiring 8
agreement, hire purchase agreement or leasing arrangement, 9
other than a driver of the vehicle provided as part of a hiring 10
agreement.'. 11
71 Amendment of s 6 (Restricted traffic on mall)
Clause 12
Section 6, penalty, `$500'-- 13
omit, insert-- 14
`6 penalty units'. 15
72 Amendment of s 8 (Closure of road)
Clause 16
Section 8(3), penalty, `$500'-- 17
omit, insert-- 18
`6 penalty units'. 19
73 Insertion of new ss 1616C
Clause 20
After section 15-- 21
insert-- 22
`16 Removal or moving of vehicles in mall area 23
`(1) This section applies if an authorised person is satisfied on 24
reasonable grounds that-- 25
(a) a vehicle has been-- 26
38 Local Government Act 1993, chapter 15 (Provisions aiding local government), part 5
(Enforcement of local government Acts)
s 73 52 s 73
Local Government Legislation Amendment Bill 2002
(i) abandoned in any part of a mall area; or 1
(ii) left in a mall area unattended, whether temporarily or 2
otherwise, for a time or in a place, condition, way or 3
circumstances where its presence is hazardous; or 4
(iii) found in a mall area in a place, condition, way or 5
circumstances where its presence is hazardous or 6
contravenes this Act; and 7
(b) if paragraph (a)(ii) or (iii) applies--the person who is or appears 8
to be in control of the vehicle-- 9
(i) can not readily be located; or 10
(ii) has failed to immediately remove the vehicle when required 11
by the authorised person to do so. 12
`(2) For subsection (1), the presence of a vehicle is hazardous if it is 13
preventing, hindering or obstructing, or is likely to prevent, hinder or 14
obstruct, the use of the mall or a part of the mall for a lawful purpose. 15
`(3) The authorised person may do any of the following-- 16
(a) remove the vehicle from the mall area and keep it at a safe place; 17
(b) move the vehicle, with the consent of the person who is or 18
appears to be in control of the vehicle, to another place within the 19
mall area. 20
21
Example of `move the vehicle' for paragraph (b)--
22
Shunting or bumping the vehicle using a modified vehicle that has a padded
23
attachment at the front.
`16A Notice to operator if vehicle removed from mall area 24
`(1) Within 14 days after the removal of a vehicle from the mall area 25
under section 16(3)(a), the town clerk must, unless possession of the 26
vehicle has already been delivered under section 16B, give written notice 27
of the vehicle's removal. 28
`(2) The notice must be given-- 29
(a) if the operator of the vehicle can be identified-- 30
(i) if practicable, personally or by post to the operator; or 31
(ii) if subparagraph (i) does not apply--by advertising it in a 32
newspaper circulating in the city; or 33
s 73 53 s 73
Local Government Legislation Amendment Bill 2002
(b) if the operator of the vehicle can not be identified--by 1
advertising it in a newspaper circulating in the city. 2
`(3) However, subsection (2)(b) does not apply if the cost of giving the 3
notice is more than the value of the vehicle. 4
`(4) The notice must state each of the following-- 5
(a) a description of the vehicle; 6
(b) the date, time and place the vehicle was removed; 7
(c) where the vehicle is kept; 8
(d) how the operator or a person entitled to possession of the vehicle 9
may obtain possession of it; 10
(e) that the vehicle may be sold if the operator or a person entitled to 11
possession of the vehicle does not obtain possession of it within 12
28 days after the date the notice is given. 13
`16B Requirements for return of vehicle 14
`(1) The town clerk may deliver possession of the vehicle to a person 15
mentioned in subsection (3) only if-- 16
(a) the person has applied in writing to the town clerk for the release 17
of the vehicle; and 18
(b) the applicant has provided proof, to the town clerk's 19
satisfaction-- 20
(i) that the applicant is the operator, or is entitled to possession, 21
of the vehicle; or 22
(ii) if the applicant is acting on behalf of the operator--of the 23
applicant's authority to act on behalf of the operator; and 24
(c) the applicant has paid all reasonable expenses incurred by the 25
council in connection with-- 26
(i) removing and keeping the vehicle; and 27
(ii) giving a notice about the removal and keeping, or intended 28
sale, of the vehicle; and 29
(d) the applicant has signed a receipt for the delivery of the vehicle. 30
`(2) If the town clerk refuses the application, the town clerk must give 31
the applicant written notice stating the following-- 32
s 73 54 s 73
Local Government Legislation Amendment Bill 2002
(a) the decision; 1
(b) the reasons for the decision; 2
(c) that the applicant may appeal against the decision to a 3
Magistrates Court within 28 days; 4
(d) how the person may appeal against the decision. 5
`(3) For subsection (1), the persons are as follows-- 6
(a) the operator of the vehicle; 7
(b) a person acting on behalf of the operator; 8
(c) a person claiming a right to possession of the vehicle. 9
`16C Sale of vehicle removed from mall 10
`(1) This section applies if-- 11
(a) the town clerk has not delivered possession of the vehicle under 12
section 16B within 28 days after the date notice is given under 13
section 16A; or 14
(b) each of the following applies-- 15
(i) the town clerk has not delivered possession of the vehicle 16
under section 16B; 17
(ii) an application has been made under section 16B for the 18
return of the vehicle; 19
(iii) the town clerk has refused the application; 20
(iv) the period allowed for an appeal against the decision has 21
ended or the appeal has been decided. 22
`(2) The town clerk may, by notice published in a newspaper circulating 23
in the city, advertise that the council will offer the vehicle for sale by public 24
auction on the day and at the time and place stated in the advertisement. 25
`(3) The day stated in the advertisement must not be earlier than 14 days 26
after the day the notice is advertised. 27
`(4) The council may offer the vehicle for sale by public auction on the 28
day and at the time and place stated in the advertisement. 29
`(5) If no offer for the vehicle is received at the auction, the council may 30
dispose of the vehicle in the way and on the conditions decided by the town 31
clerk. 32
s 74 55 s 74
Local Government Legislation Amendment Bill 2002
`(6) The proceeds of the sale or disposal of the vehicle must be applied 1
as follows-- 2
(a) firstly, in payment of the expenses of the sale or disposal; 3
(b) secondly, in payment of the costs of-- 4
(i) removing and keeping the vehicle; and 5
(ii) giving a notice under section 16A; 6
(c) thirdly-- 7
(i) in payment to the owner of the vehicle; or 8
(ii) if the owner can not be identified after reasonable 9
inquiry--in payment into the city fund. 10
`(7) The council may deal with any goods, equipment or thing in or on 11
the vehicle when it is removed in the same way as the council may deal 12
with the vehicle under this section. 13
`(8) However, any perishable goods in or on the vehicle when it is 14
removed must be disposed of in the way directed by the town clerk. 15
`(9) Any proceeds of the disposal must be applied in accordance with 16
subsection (6).'. 17
74 Insertion of new pt 3A
Clause 18
After section 18-- 19
insert-- 20
`PART 3A--APPEALS 21
`19 Who may appeal 22
`A person who is dissatisfied with a decision of the town clerk to refuse 23
to deliver possession of a vehicle to the person under section 16B may 24
appeal against the decision to a Magistrates Court. 25
`19A How to start appeal 26
`(1) An appeal is started by-- 27
(a) filing notice of appeal with the clerk of the court of the 28
Magistrates Court at Brisbane; and 29
s 74 56 s 74
Local Government Legislation Amendment Bill 2002
(b) giving a copy of the notice to the council within 7 days after the 1
notice is filed. 2
`(2) The notice of appeal must be filed within 28 days after the appellant 3
receives notice of the decision. 4
`(3) The notice of appeal must state fully the grounds of the appeal and 5
the facts relied on. 6
`19B Stay of decision 7
`(1) The Magistrates Court may grant a stay of the decision appealed 8
against to secure the effectiveness of the appeal. 9
`(2) The stay-- 10
(a) may be given on the conditions the court considers appropriate; 11
and 12
(b) operates for the period fixed by the court; and 13
(c) may be revoked or amended by the court. 14
`(3) The period of the stay must not extend past the time when the court 15
decides the appeal. 16
`(4) The appeal affects the decision, or carrying out of the decision, only 17
if the decision is stayed. 18
`19C Powers of Magistrates Court 19
`(1) In deciding the appeal, the Magistrates Court-- 20
(a) has the same powers as the town clerk; and 21
(b) is not bound by the rules of evidence; and 22
(c) must comply with natural justice. 23
`(2) The appeal is by way of rehearing unaffected by the decision 24
appealed against on the material before the town clerk and any further 25
evidence allowed by the court. 26
`(3) The court may-- 27
(a) confirm the decision; or 28
(b) set aside the decision and substitute another decision; or 29
s 75 57 s 77
Local Government Legislation Amendment Bill 2002
(c) set aside the decision and return the issue to the town clerk with 1
the directions the court considers appropriate. 2
`19D Effect of Magistrates Court's decision 3
`If the Magistrates Court substitutes another decision, the substituted 4
decision is, for this Act, other than this part, taken to be the decision of the 5
town clerk. 6
`19E Appeal to District Court 7
`An appeal to the District Court from a decision of the Magistrates Court 8
may be made only on a question of law.'. 9
75 Omission of pt 5 (Recovery of penalties by notices)
Clause 10
Part 5-- 11
omit. 12
76 Amendment of s 39 (Appeal against council's decision etc.)
Clause 13
Section 39(1)(a), `, other than part 5,'-- 14
omit. 15
77 Insertion of new s 47
Clause 16
Part 6-- 17
insert-- 18
`47 References in local law to authorised officer 19
`(1) A reference in a local law in force immediately before the repeal 20
provision commences to a person who is an authorised officer for part 5 is 21
taken to be a reference to an authorised person. 22
`(2) This section expires 2 years after the day the repeal provision 23
commences. 24
`(3) In this section-- 25
s 78 58 s 80
Local Government Legislation Amendment Bill 2002
"repeal provision" means the Local Government Legislation Amendment 1
Act 2002, section 75.39'. 2
PART 6--AMENDMENT OF LOCAL GOVERNMENT 3
(QUEEN STREET MALL) ACT 1981 4
78 Act amended in pt 6
Clause 5
This part amends the Local Government (Queen Street Mall) Act 1981. 6
79 Amendment of s 3 (Interpretation)
Clause 7
Section 3-- 8
insert-- 9
` "authorised person" means a person appointed by the council as an 10
authorised person under the Local Government Act 1993, chapter 15, 11
part 5.40 12
"operator", of a vehicle, includes-- 13
(a) the person in whose name the vehicle is registered under the 14
Transport Operations (Road Use Management) Act 1995 or the 15
Act of another State that corresponds to that Act; and 16
(b) a person who has the use or control of the vehicle under a hiring 17
agreement, hire purchase agreement or leasing arrangement, 18
other than a driver of the vehicle provided as part of a hiring 19
agreement.'. 20
80 Amendment of s 6 (Restricted traffic on mall)
Clause 21
Section 6, penalty, `$500'-- 22
39 Local Government Legislation Amendment Act 2002, section 75 (Omission of pt 5
(Recovery of penalties by notices))
40 Local Government Act 1993, chapter 15 (Provisions aiding local government), part 5
(Enforcement of local government Acts)
s 81 59 s 82
Local Government Legislation Amendment Bill 2002
omit, insert-- 1
`6 penalty units'. 2
81 Amendment of s 8 (Offence to contravene notification)
Clause 3
Section 8, penalty, `$500'-- 4
omit, insert-- 5
`6 penalty units'. 6
82 Insertion of new ss 1111C
Clause 7
After section 10-- 8
insert-- 9
`11 Removal or moving of vehicles in mall area 10
`(1) This section applies if an authorised person is satisfied on 11
reasonable grounds that-- 12
(a) a vehicle has been-- 13
(i) abandoned in any part of the mall area; or 14
(ii) left in the mall area unattended, whether temporarily or 15
otherwise, for a time or in a place, condition, way or 16
circumstances where its presence is hazardous; or 17
(iii) found in the mall area in a place, condition, way or 18
circumstances where its presence is hazardous or 19
contravenes this Act; and 20
(b) if paragraph (a)(ii) or (iii) applies--the person who is or appears 21
to be in control of the vehicle-- 22
(i) can not readily be located; or 23
(ii) has failed to immediately remove the vehicle when required 24
by the authorised person to do so. 25
`(2) For subsection (1), the presence of a vehicle is hazardous if it is 26
preventing, hindering or obstructing, or is likely to prevent, hinder or 27
obstruct, the use of the mall or a part of the mall for a lawful purpose. 28
`(3) The authorised person may do any of the following-- 29
(a) remove the vehicle from the mall area and keep it at a safe place; 30
s 82 60 s 82
Local Government Legislation Amendment Bill 2002
(b) move the vehicle, with the consent of the person who is or 1
appears to be in control of the vehicle, to another place within the 2
mall area. 3
4
Example of `move the vehicle' for paragraph (b)--
5
Shunting or bumping the vehicle using a modified vehicle that has a padded
6
attachment at the front.
`11A Notice to operator if vehicle removed from mall area 7
`(1) Within 14 days after the removal of a vehicle from the mall area 8
under section 11(3)(a), the town clerk must, unless possession of the 9
vehicle has already been delivered under section 11B, give written notice 10
of the vehicle's removal. 11
`(2) The notice must be given-- 12
(a) if the operator of the vehicle can be identified-- 13
(i) if practicable, personally or by post to the operator; or 14
(ii) if subparagraph (i) does not apply--by advertising it in a 15
newspaper circulating in the city; or 16
(b) if the operator of the vehicle can not be identified--by 17
advertising it in a newspaper circulating in the city. 18
`(3) However, subsection (2)(b) does not apply if the cost of giving the 19
notice is more than the value of the vehicle. 20
`(4) The notice must state each of the following-- 21
(a) a description of the vehicle; 22
(b) the date, time and place the vehicle was removed; 23
(c) where the vehicle is kept; 24
(d) how the operator or a person entitled to possession of the vehicle 25
may obtain possession of it; 26
(e) that the vehicle may be sold if the operator or a person entitled to 27
possession of the vehicle does not obtain possession of it within 28
28 days after the date the notice is given. 29
s 82 61 s 82
Local Government Legislation Amendment Bill 2002
`11B Requirements for return of vehicle 1
`(1) The town clerk may deliver possession of the vehicle to a person 2
mentioned in subsection (3) only if-- 3
(a) the person has applied in writing to the town clerk for the release 4
of the vehicle; and 5
(b) the applicant has provided proof, to the town clerk's 6
satisfaction-- 7
(i) that the applicant is the operator, or is entitled to possession, 8
of the vehicle; or 9
(ii) if the applicant is acting on behalf of the operator--of the 10
applicant's authority to act on behalf of the operator; and 11
(c) the applicant has paid all reasonable expenses incurred by the 12
council in connection with-- 13
(i) removing and keeping the vehicle; and 14
(ii) giving a notice about the removal and keeping, or intended 15
sale, of the vehicle; and 16
(d) the applicant has signed a receipt for the delivery of the vehicle. 17
`(2) If the town clerk refuses the application, the town clerk must give 18
the applicant written notice stating the following-- 19
(a) the decision; 20
(b) the reasons for the decision; 21
(c) that the applicant may appeal against the decision to a 22
Magistrates Court within 28 days; 23
(d) how the person may appeal against the decision. 24
`(3) For subsection (1), the persons are as follows-- 25
(a) the operator of the vehicle; 26
(b) a person acting on behalf of the operator; 27
(c) a person claiming a right to possession of the vehicle. 28
`11C Sale of vehicle removed from mall 29
`(1) This section applies if-- 30
s 82 62 s 82
Local Government Legislation Amendment Bill 2002
(a) the town clerk has not delivered possession of the vehicle under 1
section 11B within 28 days after the date notice is given under 2
section 11A; or 3
(b) each of the following applies-- 4
(i) the town clerk has not delivered possession of the vehicle 5
under section 11B; 6
(ii) an application has been made under section 11B for the 7
return of the vehicle; 8
(iii) the town clerk has refused the application; 9
(iv) the period allowed for an appeal against the decision has 10
ended or the appeal has been decided. 11
`(2) The town clerk may, by notice published in a newspaper circulating 12
in the city, advertise that the council will offer the vehicle for sale by public 13
auction on the day and at the time and place stated in the advertisement. 14
`(3) The day stated in the advertisement must not be earlier than 14 days 15
after the day the notice is advertised. 16
`(4) The council may offer the vehicle for sale by public auction on the 17
day and at the time and place stated in the advertisement. 18
`(5) If no offer for the vehicle is received at the auction, the council may 19
dispose of the vehicle in the way and on the conditions decided by the town 20
clerk. 21
`(6) The proceeds of the sale or disposal of the vehicle must be applied 22
as follows-- 23
(a) firstly, in payment of the expenses of the sale or disposal; 24
(b) secondly, in payment of the costs of-- 25
(i) removing and keeping the vehicle; and 26
(ii) giving a notice under section 11A; 27
(c) thirdly-- 28
(i) in payment to the owner of the vehicle; or 29
(ii) if the owner can not be identified after reasonable 30
inquiry--in payment into the city fund. 31
`(7) The council may deal with any goods, equipment or thing in or on 32
the vehicle when it is removed in the same way as the council may deal 33
with the vehicle under this section. 34
s 83 63 s 83
Local Government Legislation Amendment Bill 2002
`(8) However, any perishable goods in or on the vehicle when it is 1
removed must be disposed of in the way directed by the town clerk. 2
`(9) Any proceeds of the disposal must be applied in accordance with 3
subsection (6).'. 4
83 Insertion of new pt 3A
Clause 5
After section 13-- 6
insert-- 7
`PART 3A--APPEALS 8
`13A Who may appeal 9
`A person who is dissatisfied with a decision of the town clerk to refuse 10
to deliver possession of a vehicle to the person under section 11B may 11
appeal against the decision to a Magistrates Court. 12
`13B How to start appeal 13
`(1) An appeal is started by-- 14
(a) filing notice of appeal with the clerk of the court of the 15
Magistrates Court at Brisbane; and 16
(b) giving a copy of the notice to the council within 7 days after the 17
notice is filed. 18
`(2) The notice of appeal must be filed within 28 days after the appellant 19
receives notice of the decision. 20
`(3) The notice of appeal must state fully the grounds of the appeal and 21
the facts relied on. 22
`13C Stay of decision 23
`(1) The Magistrates Court may grant a stay of the decision appealed 24
against to secure the effectiveness of the appeal. 25
`(2) The stay-- 26
(a) may be given on the conditions the court considers appropriate; 27
and 28
s 83 64 s 83
Local Government Legislation Amendment Bill 2002
(b) operates for the period fixed by the court; and 1
(c) may be revoked or amended by the court. 2
`(3) The period of the stay must not extend past the time when the court 3
decides the appeal. 4
`(4) The appeal affects the decision, or carrying out of the decision, only 5
if the decision is stayed. 6
`13D Powers of Magistrates Court 7
`(1) In deciding the appeal, the Magistrates Court-- 8
(a) has the same powers as the town clerk; and 9
(b) is not bound by the rules of evidence; and 10
(c) must comply with natural justice. 11
`(2) The appeal is by way of rehearing unaffected by the decision 12
appealed against on the material before the town clerk and any further 13
evidence allowed by the court. 14
`(3) The court may-- 15
(a) confirm the decision; or 16
(b) set aside the decision and substitute another decision; or 17
(c) set aside the decision and return the issue to the town clerk with 18
the directions the court considers appropriate. 19
`13E Effect of Magistrates Court's decision 20
`If the Magistrates Court substitutes another decision, the substituted 21
decision is, for this Act, other than this part, taken to be the decision of the 22
town clerk. 23
`13F Appeal to District Court 24
`An appeal to the District Court from a decision of the Magistrates Court 25
may be made only on a question of law.'. 26
s 84 65 s 87
Local Government Legislation Amendment Bill 2002
84 Omission of pt 5 (Recovery of penalties by notices)
Clause 1
Part 5-- 2
omit. 3
85 Amendment of s 33 (Appeal against council's decision etc.)
Clause 4
Section 33(1)(a), `, other than part 5,'-- 5
omit. 6
86 Insertion of new s 40
Clause 7
After section 39-- 8
insert-- 9
`40 References in local law to authorised officer 10
`(1) A reference in a local law in force immediately before the repeal 11
provision commences to a person who is an authorised officer for part 5 is 12
taken to be a reference to an authorised person. 13
`(2) This section expires 2 years after the day the repeal provision 14
commences. 15
`(3) In this section-- 16
"repeal provision" means the Local Government Legislation Amendment 17
Act 2002, section 84.41'. 18
PART 7--REPEAL 19
87 Repeal of Local Government (Malls) Regulation 2000
Clause 20
The Local Government (Malls) Regulation 2000 is repealed. 21
41 Local Government Legislation Amendment Act 2002, section 84 (Omission of pt 5
(Recovery of penalties by notices))
66
Local Government Legislation Amendment Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
sections 3(2) and 22(2) 3
CITY OF BRISBANE ACT 1924 4
1 Section 2, definitions "differential general rate", "general 5
charge", "general rate", "minimum general rate levy", "separate 6
rate or charge" and "utility charge"-- 7
omit. 8
2 Section 2-- 9
insert-- 10
` "cleansing services" includes services for the removal of refuse or 11
recycleable material. 12
"community titles Act" means any of the following-- 13
(a) the Building Units and Group Titles Act 1980; 14
(b) the Integrated Resort Development Act 1987; 15
(c) the Mixed Use Development Act 1993; 16
(d) another Act prescribed under a regulation. 17
"differential general rate" means a rate, other than a special rate, made 18
and levied equally on the unimproved value of all rateable land in the 19
city included in a category decided by the council in levying the rate. 20
"general rate" means a rate, other than a separate rate, made and levied by 21
the council equally on the unimproved value of all rateable land in the 22
city. 23
"minimum general rate levy" means an amount fixed as the minimum 24
amount payable as a general rate or differential general rate for all or 25
any rateable land in the city. 26
67
Local Government Legislation Amendment Bill 2002
SCHEDULE (continued)
"regulatory fee" means a fee fixed under the Local Government Act 1993, 1
section 1071A.42 2
"separate charge" means a charge made and levied by the council equally 3
on all rateable land in the city. 4
"separate rate" means a rate made and levied by the council equally on 5
the unimproved value of all rateable land in the city. 6
"special charge" means a charge made and levied by the council on some, 7
but not all, rateable land in the city. 8
"special rate" means a rate made and levied by the council on the 9
unimproved value of some, but not all, rateable land in the city. 10
"utility charge" means a charge for the supply by the council of water, 11
sewerage or cleansing services to any land, building or structure in the 12
city.'. 13
3 Section 3A(2), last dot point, `and part 7'-- 14
omit, insert-- 15
`, part 7 and part 8, section 1271(3) and (4)'. 16
LOCAL GOVERNMENT ACT 1993 17
1 Section 6(3)(a)(iv)-- 18
omit, insert-- 19
`(iv) the making or levying of a rate, or the fixing of a regulatory 20
fee, by the local government; or'. 21
2 Section 9(2), last dot point-- 22
omit, insert-- 23
42 Local Government Act 1993, section 1071A (Power to fix regulatory fees)
68
Local Government Legislation Amendment Bill 2002
SCHEDULE (continued)
`· chapter 19, part 1, division 4, part 5, part 7 and part 8, 1
section 1271(3) and (4).'. 2
3 Section 60R(1), `· sections 974 (other than subsection (1)(f)) 3
and 975'-- 4
omit. 5
4 Section 60R(1)-- 6
insert-- 7
`· section 1271.'. 8
5 Section 964, `963(1)'-- 9
omit, insert-- 10
`963'. 11
6 Section 999, `997'-- 12
omit, insert-- 13
`1051A'. 14
7 Chapter 14, part 6, before section 1031-- 15
insert-- 16
`Division 1--Concessions for individual land owners'. 17
8 Section 1035, heading, after `powers'-- 18
insert-- 19
`under div 1'. 20
69
Local Government Legislation Amendment Bill 2002
SCHEDULE (continued)
9 Chapter 14, part 6, before section 1036-- 1
insert-- 2
`Division 3--Limitation on rate increases'. 3
10 Chapter 14, part 7, division 2, heading-- 4
omit, insert-- 5
`Division 2--Registering charges for, and recovery of, overdue rates'. 6
11 Sections 1193R(e)(ii) and 1193ZI(c)(i), `charge fixed under 7
section 974'-- 8
omit, insert-- 9
`fee fixed under section 1071A'. 10
12 Schedule, definition "general charge"-- 11
omit. 12
13 Schedule-- 13
insert-- 14
` "improved value", for land, means the amount the land and fixed 15
improvements on the land would be worth if-- 16
(a) there were an exchange between a willing buyer and a willing 17
seller in an arms-length transaction after proper marketing; and 18
(b) the parties had acted knowledgeably, prudently and without 19
compulsion. 20
"market value", of land for chapter 14, means the improved value of the 21
land obtained by the local government from a valuer registered under 22
the Valuers Registration Act 1992 who is not an employee of the local 23
government. 24
"prescribed regulatory fee" see section 1071B(1). 25
70
Local Government Legislation Amendment Bill 2002
SCHEDULE (continued)
"regulatory fee" see section 1071A(1). 1
"tax component" see section 1071B(1).'. 2
14 Schedule, definition "rating category", `983(2)(a)'-- 3
omit, insert-- 4
`983(3)(a)'. 5
© State of Queensland 2002
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