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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PLACE NAMES BILL 1994
Queensland
PLACE NAMES BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2--NAMING OF PLACES
Division 1--Procedures
6 Place naming issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Development of place name proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Notice of place name proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Dispensing with publication of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Decision about proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Gazetteer of Place Names
12 Gazetteer of Place Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Inspection of Gazetteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Entries in Gazetteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--OFFENCES AND PROCEEDINGS
15 Publishing unapproved place name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 10
17 Executive officers must ensure corporation complies with Act . . . . . . . . . . 11
18 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Place Names Bill
PART 4--MISCELLANEOUS
19 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 5--TRANSITIONAL PROVISIONS, REPEALS AND
AMENDMENTS
22 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Continuation of place naming action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Entries in Gazetteer about continued place naming action . . . . . . . . . . . . . 13
25 Entries in Gazetteer of previously approved place names . . . . . . . . . . . . . . 14
26 Gazetteer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 Repeal of Queensland Place Names Act 1988 . . . . . . . . . . . . . . . . . . . . . . . 14
28 Acts amended in Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
29 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 16
AMENDMENTS OF ACTS
MARINE PARKS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1994
A BILL
FOR
An Act about the naming of places
s1 4 s3
Place Names Bill
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Place Names Act 1994. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Definitions
3. In this Act-- 8
"approved name" of a place means the name appearing in the Gazetteer as 9
the name of the place. 10
"executive officer" of a corporation means a person who is concerned 11
with, or takes part in, the corporation's management, whether or not 12
the person is a director or the person's position is given the name of 13
executive officer. 14
"Gazetteer" means the Gazetteer of Place Names. 15
"place" see section 4. 16
"place naming issues" see section 6. 17
"publish" includes show in public and distribute to the public. 18
"stated place naming issue" means a place naming issue mentioned in 19
section 6(2). 20
"trade or commerce" includes-- 21
(a) a business or professional activity; and 22
(b) a single transaction for the sale of property. 23
s4 5 s6
Place Names Bill
1
Place
4.(1) A "place" is an area or geographical feature (whether natural or 2
artificial). 3
(2) However, a "place" does not include-- 4
(a) a road within the meaning of the Traffic Act 1949; or 5
(b) a canal associated with a residential or commercial development; 6
or 7
(c) a building or similar structure; or 8
(d) a dam wall or similar structure; or 9
(e) a local government area or a division or ward of a local 10
government area; or 11
(f) an electoral district under the Electoral Act 1992; or 12
(g) another place prescribed by regulation. 13
binds all persons 14
Act
5. This Act binds all persons, including the State, and, so far as the 15
legislative power of the Parliament permits, the Commonwealth and the 16
other States. 17
PART 2--NAMING OF PLACES 18
Division 1--Procedures 19
naming issues 20
Place
6.(1) "Place naming issues" are issues relevant to the naming of places. 21
(2) Without limiting subsection (1), "place naming issues" include-- 22
(a) community views; and 23
(b) the cultural and historical significance of places and names; and 24
s7 6 s8
Place Names Bill
(c) Aboriginal tradition and Island custom; and 1
(d) the appropriateness of a place having more than a single name; 2
and 3
(e) commonly known names of places; and 4
(f) the extent of use of a name for a place; and 5
(g) the length of time a name has been used for a place; and 6
(h) topography; and 7
(i) guidelines and conventions set by intergovernmental or 8
international committees having functions about the naming of 9
places; and 10
(j) the avoidance of confusion about names or the location of places. 11
(3) The issue mentioned in subsection (2)(d) is relevant only in the 12
application of an issue mentioned in subsection (2)(b) or (c). 13
of Minister 14
Powers
7.(1) The Minister may-- 15
(a) give a name to a place; or 16
(b) change the approved name of a place; or 17
(c) discontinue the use of the approved name of a place. 18
(2) The exercise of a power by the Minister is subject to the following 19
sections-- 20
· section 8 (Development of place name proposal) 21
· section 9 (Notice of place name proposal) 22
· section 11 (Decision about proposal). 23
of place name proposal 24
Development
8.(1) Before exercising a power mentioned in section 7, the Minister 25
must develop a proposal about the place's name. 26
(2) In developing the proposal, the Minister may have regard to any place 27
s9 7 s 10
Place Names Bill
naming issues the Minister considers appropriate (including, in particular, 1
the stated place naming issues). 2
of place name proposal 3
Notice
9.(1) The Minister must publish a notice of the proposal, unless 4
publication is not required because of section 10. 5
(2) The notice-- 6
(a) must be published in the Gazette and a newspaper circulating 7
generally in the area of the place to which the proposal relates; and 8
(b) may be published in another way the Minister considers 9
appropriate. 10
(3) The notice must-- 11
(a) describe the place to which the proposal relates; and 12
(b) state the proposal; and 13
(c) invite written submissions about the proposal from interested 14
persons, groups of persons and bodies; and 15
(d) specify a day by which submissions are to be made; and 16
(e) specify an address where submissions may be sent. 17
(4) The day specified in the notice must be a day not earlier than 18
2 months after publication of the Gazette notice about the proposal. 19
with publication of proposal 20
Dispensing
10.(1) The Minister is not required to publish a notice of the proposal if 21
the Minister is satisfied that publication of the proposal is not justified 22
because of-- 23
(a) the nature of the proposal; and 24
(b) the likelihood that the proposal would generate no community 25
interest, or no significant community interest, if it were published. 26
(2) In applying subsection(1)(a), the Minister may, in particular, have 27
regard to whether the proposal deals only with a minor or technical issue. 28
(3) In applying subsection (1)(b), the Minister may, in particular, have 29
s 11 8 s 13
Place Names Bill
regard to the location of the place to which the proposal relates, including, 1
for example, whether it is in a remote or sparsely populated area. 2
(4) In subsection (1)(b), a reference to community interest includes a 3
reference to the interest of a particular community, including, for example, a 4
community or group of Aboriginal people or Torres Strait Islanders. 5
about proposal 6
Decision
11.(1) In exercising a power mentioned in section 7 about the proposal, 7
the Minister may have regard to-- 8
(a) any place naming issues the Minister considers appropriate 9
(including, in particular, the stated place naming issues); and 10
(b) if notice of the proposal was published under section 9--any 11
submissions properly made about the proposal. 12
(2) The Minister's decision about the proposal-- 13
(a) must be published in the Gazette and a newspaper circulating 14
generally in the area of the place to which the proposal relates; and 15
(b) may be published in another way the Minister considers 16
appropriate. 17
Division 2--Gazetteer of Place Names 18
of Place Names 19
Gazetteer
12.(1) The chief executive must keep the Gazetteer of Place Names. 20
(2) The Gazetteer may be kept by computer. 21
of Gazetteer 22
Inspection
13.(1) The chief executive must ensure the Gazetteer is available for 23
inspection by members of the public during normal business hours at the 24
department's head office and other places the chief executive considers 25
appropriate. 26
(2) A person may inspect, or obtain a copy of part or all of, the Gazetteer 27
s 14 9 s 15
Place Names Bill
if the person pays the fee fixed under subsection (3). 1
(3) The fee must be an amount that-- 2
(a) the chief executive considers to be reasonable; and 3
(b) is not more than the reasonable cost of providing for the 4
inspection or making the copy. 5
in Gazetteer 6
Entries
14.(1) If the Minister gives a name to a place, the chief executive must 7
enter the name of the place in the Gazetteer. 8
(2) If the Minister changes the approved name of a place, the chief 9
executive must amend the Gazetteer to show the name of the place after the 10
change. 11
(3) If the Minister discontinues the use of the approved name of a place, 12
the chief executive must omit the name of the place from the Gazetteer. 13
(4) The chief executive may include in, or omit from, the Gazetteer other 14
details the chief executive considers appropriate. 15
(5) The chief executive must comply with subsection (1), (2) or (3) as 16
soon as practicable after the decision is made by the Minister. 17
ART 3--OFFENCES AND PROCEEDINGS 18
P
unapproved place name 19
Publishing
15.(1) A person must not, in trade or commerce-- 20
(a) publish a document; or 21
(b) authorise the publication in a document of an advertisement or 22
statement; 23
in which a name that is not an approved name of a place is represented as 24
the place's name. 25
Maximum penalty--100 penalty units. 26
s 16 10 s 16
Place Names Bill
(2) Subsection (1) does not apply-- 1
(a) if it is clear from the document, advertisement or statement that 2
the name is not the approved name of the place or the place does 3
not have an approved name; or 4
(b) if the document is a newspaper printed under the Printing and 5
Newspapers Act 1981--to the printer or publisher of the 6
newspaper. 7
for acts or omissions of representatives 8
Responsibility
16.(1) In this section-- 9
"representative" means-- 10
(a) of a corporation--an executive officer, employee or agent of the 11
corporation; or 12
(b) of an individual--an employee or agent of the individual. 13
"state of mind" of a person includes-- 14
(a) the person's knowledge, intention, opinion, belief or purpose; and 15
(b) the person's reasons for the intention, opinion, belief or purpose. 16
(2) Subsections (3) and (4) apply in a proceeding for an offence against 17
this Act. 18
(3) If it is relevant to prove a person's state of mind about a particular act 19
or omission, it is enough to show-- 20
(a) the act was done or omitted to be done by a representative of the 21
person within the scope of the representative's actual or apparent 22
authority; and 23
(b) the representative had the state of mind. 24
(4) An act done or omitted to be done for a person by a representative of 25
the person within the scope of the representative's actual or apparent 26
authority is taken to have been done or omitted to be done also by the 27
person, unless the person proves the person took all reasonable steps to 28
prevent the act or omission. 29
s 17 11 s 18
Place Names Bill
officers must ensure corporation complies with Act 1
Executive
17.(1) The executive officers of a corporation must ensure the 2
corporation complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure the corporation complies with the 6
provision. 7
Maximum penalty--100 penalty units. 8
(3) Evidence that a corporation has been convicted of an offence against a 9
provision of this Act is evidence each of the corporation's executive officers 10
committed the offence of failing to ensure the corporation complies with the 11
provision. 12
(4) However, it is a defence for an executive officer to prove-- 13
(a) if the officer was in a position to influence the conduct of the 14
corporation in relation to the offence--that the officer took all 15
reasonable steps to ensure the corporation complied with the 16
provision; or 17
(b) the officer was not in a position to influence the conduct of the 18
corporation in relation to the offence. 19
(5) In this section-- 20
"convicted" of an offence means that the corporation has been found guilty 21
of the offence, on a plea of guilty or otherwise, whether or not a 22
conviction was recorded. 23
provisions 24
Evidentiary
18.(1) This section applies to a proceeding under this Act. 25
(2) A signature purporting to be the signature of the chief executive is 26
evidence of the chief executive's signature. 27
(3) A certificate purporting to be signed by the chief executive and stating 28
any of the following matters is evidence of the matter-- 29
(a) on a stated day, or during a stated period, a stated name appeared, 30
or did not appear, in the Gazetteer as the name of a place; 31
s 19 12 s 21
Place Names Bill
(b) a document is a copy of the Gazetteer or a copy of part of the 1
Gazetteer; 2
(c) the boundaries of a place that has an approved name. 3
ART 4--MISCELLANEOUS 4
P
from liability 5
Protection
19.(1) In this section-- 6
"official" means-- 7
(a) the Minister; or 8
(b) the chief executive; or 9
(b) a person acting under the direction of the Minister or chief 10
executive. 11
(2) An official does not incur civil liability for an act done, or omission 12
made, honestly and without negligence under this Act. 13
(3) If subsection (2) prevents a civil liability attaching to an official, the 14
liability attaches instead to the State. 15
by chief executive 16
Delegation
20. The chief executive may delegate the chief executive's powers under 17
this Act to an officer of the public service. 18
making power 19
Regulation
21. The Governor in Council may make regulations under this Act. 20
s 22 13 s 24
Place Names Bill
ART 5--TRANSITIONAL PROVISIONS, REPEALS 1
P
AND AMENDMENTS 2
3
Definition
22. In this Part-- 4
"repealed Act" means the Queensland Place Names Act 1988. 5
of place naming action 6
Continuation
23.(1) This section applies if-- 7
(a) before the commencement of this Act, notice of a proposal to 8
assign a name to a place or alter or omit an approved place name 9
was published in the Gazette under section 11 of the repealed Act; 10
and 11
(b) a decision about the proposal was not made by the Governor in 12
Council before the commencement of this Act. 13
(2) The procedures for dealing with the proposal may be continued as if 14
this Act had not commenced and the repealed Act were still in force. 15
in Gazetteer about continued place naming action 16
Entries
24.(1) This section applies if a decision to assign a name to a place or 17
alter or omit an approved place name is made by the Governor in Council 18
about a proposal to which section 23(1) applies. 19
(2) As soon as practicable after the decision is made the chief executive 20
must-- 21
(a) publish a notice of the decision; and 22
(b) make in the Gazetteer the entry, amendment or omission the chief 23
executive would be required to make under section 14 if the 24
decision were a decision of the Minister. 25
(3) The notice of the decision-- 26
(a) must be published in the Gazette and a newspaper circulating 27
generally in the area of the place to which the proposal relates; and 28
s 25 14 s 28
Place Names Bill
(b) may be published in another way the chief executive considers 1
appropriate. 2
(4) For the purposes of subsection(2)(b)-- 3
(a) a decision of the Governor in Council to assign a name to a place 4
has effect as a decision of the Minister to give a name to a place; 5
and 6
(b) a decision of the Governor in Council to alter an approved place 7
name has effect as a decision of the Minister to change the 8
approved name of a place; and 9
(c) a decision of the Governor in Council to omit an approved place 10
name has effect as a decision of the Minister to discontinue the 11
use of the approved name of a place. 12
in Gazetteer of previously approved place names 13
Entries
25. The chief executive may enter the name of a place in the Gazetteer if, 14
immediately before the commencement of this Act, the name-- 15
(a) was the approved place name, within the meaning of the repealed 16
Act, of the place; and 17
(b) did not appear as the name of the place in the Gazetteer of Place 18
Names kept under the repealed Act. 19
20
Gazetteer
26. The Gazetteer of Place Names kept under the repealed Act 21
immediately before the commencement of this Act is taken to be the 22
Gazetteer of Place Names kept by the chief executive under this Act. 23
of Queensland Place Names Act 1988 24
Repeal
27. The Queensland Place Names Act 1988 is repealed. 25
amended in Schedule 26
Acts
28. The Schedule amends the Acts mentioned in it. 27
s 29 15 s 29
Place Names Bill
of Part 1
Expiry
29.(1) Sections 26, 27 and 28 expire on the day this Act commences. 2
(2) The remaining provisions of this Part expire 1 year after this Act 3
commences. 4
5
16
Place Names Bill
CHEDULE 1
¡S
AMENDMENTS OF ACTS 2
section 28 3
ARINE PARKS ACT 1982 4
´M
1. Section 21(b)(iii)-- 5
omit. 6
NATURE CONSERVATION ACT 1992 7
´
1. Section 33(1)(a)-- 8
omit, insert-- 9
`(a) amalgamate protected areas of the same class; or'. 10
2. Section 59-- 11
omit. 12
13
© State of Queensland 1994
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