Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Local Government Legislation Amendment Bill (No. 2) 1993
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL (No . 2) 1993
EXPLANATORY NOTES
The Bill provides for amendments to the City of Brisbane Act 1924, the
Local Government Act 1936 and the Local Government (Planning and
Environment) Act 1990.
The amendments to the City of Brisbane Act 1924 validate certain ordinances
made by the Brisbane City Council and approved by the Governor in Council.
The amendments to the Local Government Act 1936 empower the Governor
in Council on the request of a local authority to abolish its financial divisions on
and from 1 July 1993.
The amendments to the Local Government (Planning and Environment) Act
1990 rationalise and validate certain statutory instruments and rationalise and
update certain administrative processes under the Act.
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2 provides for the commencement of the Act.
2
Local Government Legislation Amendment Bill (No. 2) 1993
PART 2--AMENDMENT OF CITY OF BRISBANE ACT
1924
Clause 3 provides for amendment of the City of Brisbane Act 1924.
Clause 4 provides for the validation of those ordinances made by the
Brisbane City Council and approved by the Governor in Council and in respect
of which section 38(5) of the City of Brisbane Act 1924 has not been complied
with.
In this respect, section 38(5) requires a opy of the newspaper notice relating
to the ordinance made by the Council to be posted for the information of the
public in a prominent position in the "prescribed place" (currently the Customer
Service Centre, Ground Floor, Brisbane Administration Centre, 69 Ann Street,
Brisbane) from the date it is first published in the newspaper until the date
specified in the notice for closing of objections.
As the Council has inadvertently overlooked this provision since it was
inserted into the Act on 24 May 1980, the provisions in the clause ensure that
those ordinances already approved by the Governor in Council are not
invalidated for this oversight.
PART 3--AMENDMENT OF LOCAL GOVERNMENT
ACT 1936
Clause 5 provides for amendment of the Local Government Act 1936.
Clause 6 provides for a regulation making power whereby the Governor in
Council may abolish the financial divisions of a local authority on and from 1
July 1993 if the local authority so desires.
In this respect, a regulation can also rationalise any matters (e.g. financial or
administrative arrangements relating to rating, budgeting or loan borrowings)
that may arise as a result of the abolition of the financial divisions.
3
Local Government Legislation Amendment Bill (No. 2) 1993
As other legislative provisions exist in the Local Government Act 1936 that
impose certain constraints on the abolition of financial divisions (namely,
section 4F relating to "reviewable local government matters" and section 7C
preserving financial divisions until 1 July 1994), the provisions also enable the
Governor in Council to make a regulation abolishing financial divisions
irrespective of those other provisions of the Act.
PART 4--AMENDMENT OF LOCAL GOVERNMENT
(PLANNING AND ENVIRONMENT) ACT 1990
Clause 7 provides that the Local Government (Planning and Environment)
Act 1990 is amended as set out in the Bill.
Clause 8 provides that certain orders in council made under this Act are
declared not to be subordinate legislation, and establishes procedures for the
public notification and availability of such orders in council.
Clause 9 provides that an order in council making a State Planning Policy is
not required to be published in full in the Gazette, notwithstanding any
provision of the Statutory Instruments Act to the contrary. (Orders in Council
making State Planning Policies will remain as Subordinate Legislation within
the meaning of the Statutory Instruments Act 1992).
Clause 10 provides that a land or monetary amount for the purposes of park
contributions can be set by a Local Authority by planning scheme, bylaw or
local planning policy.
Clause 11 omits the provisions that decisions upon certain applications can
be delegated to the Chairman, members or officers of a local authority, and
replaces those provisions with provisions allowing broader powers for a local
authority to delegate its powers to the person who ordinarily presides at
meetings of the council; or a committee of the members of the Council; or an
officer or employee of a local authority; or a board or committee consisting of
officers and employees of the local authority.
4
Local Government Legislation Amendment Bill (No. 2) 1993
Clause 12 provides for transitional provisions relating to the obtaining of an
area of land or a monetary contribution for the purpose of parkland. This clause
is taken to have had effect from the proclamation of the Local Government
(Planning and Environment) Amendment Act 1992. This clause has no effect in
relation to any applications which have already been determined by a Local
Authority or the Planning and Environment Court;
The clause also provides that any orders in council required to be tabled in
Parliament under the omitted provisions of the Act, but which were not tabled,
are not invalidated by this omission.
SCHEDULE
MINOR AND CONSEQUENTIAL AMENDMENTS OF
LOCAL GOVERNMENT (PLANNING AND
ENVIRONMENT) ACT 1990
Clause 1 amends the definition of access by deleting reference to an access
restriction strip.
Clause 2 amends the definition of elected representatives by making
provision for Local Authorities to nominate specific members to receive
notification of planning applications in certain circumstances.
Clause 3 amends the definition of a site contamination report to allow for
consistency with the provisions of Section 8.3A of the Act.
Clause 4 omits provisions declaring orders in council made under this Act to
be subordinate legislation and exempt instruments for the purposes of the
Legislative Standards Act 1992.
Clause 5 omits the provision that requires a Local Authority to refuse an
application for approval of a subdivision of land unless each allotment in the
proposed subdivision has access. (Local Authorities are still required under
5
Local Government Legislation Amendment Bill (No. 2) 1993
section 5.1 of the Act to consider the adequacy of access to proposed
allotments, and may refuse an application if access is unsuitable).
Clause 6 amends the provision of the Act relating to a Local Authority not
being able to approve an application to subdivide land until all rates and charges
levied by the Local Authority have been paid. The amended clause provides
that any recoverable but unpaid rates and charges levied by a Local Authority
must be paid before a Local Authority can approve an application to subdivide
land. Previously, all rates levied (whether recoverable or not) were required to
be paid.
Clause 7 provides that a Local Authority or any person aggrieved by a
determination of the Planning and Environment Court, on the grounds of errors
or mistakes in law, can appeal to the Court of Appeal.
© The State of Queensland 1993