Queensland Consolidated Acts

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Local Government Act 2009


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose of this Act
   4.      Local government principles underpin this Act
   5.      Relationship with City of Brisbane Act 2010
   6.      Definitions

           Chapter 2--Local governments

           Part 1--Local governments and their constitution, responsibilities and powers

   7.      What this part is about
   8.      Local government's responsibility for local government areas
   9.      Powers of local governments generally
   10.     Power includes power to conduct joint government activities
   11.     Local governments are bodies corporate etc.
   12.     Responsibilities of councillors
   13.     Responsibilities of local government employees

           Part 2--Divisions of local government areas

   14.     What this part is about
   15.     Division of local government areas
   16.     Review of divisions of local government areas

           Part 3--Changing a local government area, name or representation

           Division 1--Introduction

   17.     What this part is about

           Division 2--The process for change

   18.     Who may start the change process
   19.     Assessment
   20.     Implementation
   21.     Decisions under this division are not subject to appeal

           Division 3--The change commission

   22.     Change commission is established
   23.     Casual commissioners
   24.     Conflict of interests
   25.     Annual report of change commission

           Chapter 2A--Joint local governments

           Part 1--Preliminary

   25A.    What this chapter is about

           Part 2--Establishment and operation of joint local governments

   25B.    Constitution of joint local governments
   25C.    Establishment of joint local governments
   25D.    Joint local governments are bodies corporate etc.
   25E.    Powers of joint local governments generally
   25F.    Restriction on power to make or levy rates and charges
   25G.    Limitation on powers of a component local government
   25H.    Chairperson and deputy chairperson
   25I.    Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction
   25J.    Winding up joint local governments

           Chapter 3--The business of local governments

           Part 1--Local laws

           Division 1--Introduction

   26.     What this part is about
   27.     Interaction with State laws

           Division 2--Making, recording and reviewing local laws

   28.     Power to make a local law
   29.     Local law making process
   29A.    State interest check
   29B.    Publication of local laws
   30.     Expiry of interim local law revives previous law
   31.     Local law register
   32.     Consolidated versions of local laws

           Division 3--Local laws that can not be made

   34.     What this division is about
   35.     Network connections
   36.     Election advertising
   37.     Development processes
   38.     Anti-competitive provisions
   38AA.   Swimming pool safety

           Division 4--Action by the Minister about particular local laws

   38AB.   Suspending or revoking particular local laws

           Division 5--Miscellaneous

   38A.    Local law about seizing and disposing of personal property
   38B.    Owners' liability for party houses

           Part 2--Beneficial enterprises and business activities

           Division 1--Beneficial enterprises

   39.     What this division is about
   40.     Conducting beneficial enterprises
   41.     Identifying beneficial enterprises

           Division 2--Business reform, including competitive neutrality

   43.     What this division is about
   44.     Ways to apply the competitive neutrality principle
   45.     Identifying significant business activities
   46.     Assessing public benefit
   47.     Code of competitive conduct
   48.     Competitive neutrality complaints

           Part 3--Roads and other infrastructure

           Division 1--Roads

   59.     What this division is about
   60.     Control of roads
   61.     Notice of intention to acquire land to widen a road
   62.     Compensation for a notice of intention to acquire land
   63.     Appeal on a claim for compensation
   64.     Acquisition of land instead of compensation
   65.     What is to happen if a realignment is not carried out
   66.     Compensation if realignment not carried out
   67.     Acquiring land for use as a footpath
   68.     Notice to local government of opening or closing of roads
   69.     Closing roads
   70.     Temporary roads
   71.     Road levels
   72.     Assessment of impacts on roads from certain activities
   73.     Categorisation of roads
   74.     Roads map and register
   75.     Unauthorised works on roads

           Division 2--Stormwater drains

   76.     What this division is about
   77.     Connecting stormwater installation to stormwater drain
   78.     No connecting sewerage to stormwater drain
   79.     No trade waste or prohibited substances in stormwater drain
   80.     Interference with path of stormwater

           Division 3--Other matters

   80A.    Malls
   80B.    Ferry services

           Part 4--The business of indigenous local governments

           Division 1--Introduction

   81.     What this part is about

           Division 2--Managing trust land

   82.     What this division is about
   83.     Trustee business must be conducted separately
   84.     Meetings about trust land generally open to the public
   85.     Community forum input on trust change proposals
   85A.    Trust change decisions if no community forum
   86.     Grouping of trust land not available

           Division 3--Community forums

   87.     Community forums
   88.     Members of a community forum
   89.     Payments to appointed members of a community forum

           Part 5--Caretaker period arrangements

   90A.    Caretaker period
   90B.    Prohibition on major policy decision in caretaker period
   90C.    Invalidity of major policy decision in caretaker period without approval
   90D.    Prohibition on election material in caretaker period

           Chapter 4--Finances and accountability

           Part 1--Rates and charges

   91.     What this part is about
   92.     Types of rates and charges
   93.     Land on which rates are levied
   94.     Power to levy rates and charges
   95.     Overdue rates and charges are a charge over rateable land
   96.     Regulations for rates and charges

           Part 2--Fees

   97.     Cost-recovery fees
   98.     Register of cost-recovery fees
   99.     Fees on occupiers of land below the high-water mark
   100.    Fees on residents of particular local government areas

           Part 3--Financial planning and accountability

   101.    Statutory Bodies Financial Arrangements Act applies to local governments
   104.    Financial management systems
   105.    Auditing, including internal auditing
   107.    Insurance
   107A.   Approval of budget

           Part 4--Councillor's financial accountability

   108.    What this part is about
   109.    Councillor's discretionary funds
   110.    Councillors liable for improper disbursements
   111.    Councillors liable for loans to individuals
   112.    Councillors liable for improper borrowings

           Chapter 5--Monitoring and enforcing the Local Government Acts

           Part 1--Local governments

           Division 1--Introduction

   113.    What this part is about
   114.    Decisions under this part are not subject to appeal

           Division 2--Monitoring and evaluation

   115.    Gathering information
   116.    Acting on the information gathered
   117.    Advisors
   118.    Financial controllers
   119.    Costs and expenses of advisors and financial controllers

           Division 3--Action by the Minister

   120.    Precondition to remedial action
   121.    Removing unsound decisions
   122.    Removing a councillor
   123.    Dissolving a local government
   124.    Interim administrator acts for the councillors temporarily

           Part 2--The public

           Division 1--Powers of authorised persons
           Subdivision 1--Introduction

   125.    What this division is about
   126.    Producing authorised person's identity card
           Subdivision 2--Power to require a person's name and address
   127.    Power to require a person's name and address
           Subdivision 3--Powers to enter property etc.
   128.    Entering a public place that is open without the need for permission
   129.    Entering private property with, and in accordance with, the occupier's permission
   130.    Entering private property with, and in accordance with, a warrant
   131.    Warrants—applications made electronically
   132.    Entering under an application, permit or notice
   133.    Entering property under an approved inspection program
   134.    Approving an inspection program
   134A.   Entry by authorised person, at reasonable times, to inspect regulated pools
   135.    General powers after entering a property
   136.    Authorised person to give notice of damage
   137.    Compensation for damage or loss caused after entry

           Division 2--Powers of other persons

   138.    What this division is about
   138AA.  Notices for this division
   138A.   Identity card for use under this division
   139.    Entry with, and in accordance with, permission of occupier
   140.    Entry by an owner, with reasonable entry notice, under a remedial notice
   141.    Occupier may discharge owner's obligations
   142.    Entry by a local government worker, with reasonable entry notice, under a remedial notice
   143.    Entry by a local government worker, with reasonable entry notice, to take materials
   144.    Entry by a local government worker, at reasonable times, to repair etc. facilities
   145.    Entry by a local government worker, at any time, for urgent action
   146.    Entry with, and in accordance with, a court order
   147.    Compensation for damage or loss caused
   148.    Limitation of time in absence of notice of work done

           Part 3--Investigation of local government records

           Division 1--Introduction

   148A.   What this part is about

           Division 2--Investigations by department

   148B.   Producing authorised officer's identity card
   148C.   Making of inquiries for department
   148D.   Power to require information or document for department investigation

           Division 3--Investigations by local government

   148E.   Producing authorised person's identity card
   148F.   Making of inquiries for local government
   148G.   Power to require information or document for local government investigation
   148H.   Referral to department
   148I.   Chief executive officer not subject to direction

           Part 4--Offences

   149.    Obstructing enforcement of Local Government Acts etc.
   150.    Impersonating authorised persons and authorised officers
   150A.   Duty to make documents available

           Chapter 6--Administration

           Part 1--Introduction

   151.    What this chapter is about

           Part 2--Councillors

           Division 1--Qualifications of councillors

   152.    Qualifications of councillors
   153.    Disqualification for certain offences
   154.    Disqualification of prisoners
   155.    Disqualification because of other high office
   156.    Disqualification during bankruptcy
   157.    Judicial review of qualifications
   158.    Acting as councillor without authority

           Division 2--Councillor's term of office

   159.    When a councillor's term starts
   160.    When a councillor's term ends
   160A.   Extension of term of councillors elected at fresh elections
   160B.   Compulsory leave without pay

           Division 3--Vacancies in councillor's office

   161.    What this division is about
   162.    When a councillor's office becomes vacant
   163.    When a vacancy in an office must be filled
   164.    Filling a vacancy in the office of mayor
   165.    Acting mayor
   166.    Filling a vacancy in the office of another councillor

           Division 4--Councillors with other jobs

   167.    Councillors and local government jobs

           Division 5--Obligations of councillors

   169.    Obligations of councillors before acting in office
   170.    Giving directions to local government staff
   170A.   Requests for assistance or information
   171.    Use of information by councillors
   171A.   Prohibited conduct by councillor in possession of inside information
   171B.   Obligation of councillor to correct register of interests
   172.    Councillor's material personal interest at a meeting
   173.    Councillor's conflict of interest at a meeting
   175.    Post-election meetings

           Division 6--Conduct and performance of councillors

   176.    What this division is about
   176A.   Application to former councillors
   176B.   Preliminary assessments of complaints
   176C.   Action after preliminary assessments
   177.    Complaints referred to the department's chief executive
   177A.   Preliminary dealings with complaints before hearing
   178.    Notifying councillor of the hearing of a complaint of misconduct
   179.    Hearing and deciding complaints
   180.    Taking disciplinary action
   181.    Inappropriate conduct
   181A.   Records about complaints
   182.    Department's chief executive is public official for Crime and Corruption Act

           Part 3--The tribunal

   183.    Establishing the tribunal
   184.    Members of tribunal
   185.    Remuneration and appointment conditions of members
   186.    Costs of tribunal to be met by local government
   187.    Conflict of interests
   188.    Assistance from departmental staff

           Part 4--Regional conduct review panels

   189.    Appointing members of regional conduct review panels
   190.    Remuneration and appointment conditions of members
   191.    Costs of regional conduct review panels to be met by local government
   192.    Conflict of interests
   193.    Assistance from departmental staff

           Part 5--Local government employees

           Division 1--Chief executive officer

   194.    Appointing a chief executive officer
   195.    Appointing an acting chief executive officer

           Division 2--Other local government employees

   196.    Appointing other local government employees
   197.    Disciplinary action against local government employees

           Division 3--Common provisions

   198.    Concurrent employment of local government employees
   199.    Improper conduct by local government employees
   200.    Use of information by local government employees
   201.    Annual report must detail remuneration

           Part 6--Authorised persons

   202.    Appointing authorised persons
   203.    End of appointment of authorised persons
   204.    Identity card for authorised persons
   204A.   Authorised persons must disclose change in criminal history
   204B.   Chief executive officer may obtain report from police commissioner
   204C.   Use of criminal history information

           Part 6A--Authorised officers for the department

   204D.   Appointing authorised officers
   204E.   End of appointment of authorised officers
   204F.   Identity card for authorised officers

           Part 7--Interim management

   205.    Interim management committee
   206.    Conditions of appointment as interim administrator or member of committee
   207.    End of appointment of interim management

           Part 8--The superannuation board

   208.    Superannuation board
   209.    Board's responsibilities
   210.    Board of directors
   211.    Seal of the super board

           Chapter 7--Other provisions

           Part 1--Way to hold a hearing

   212.    What this part is about
   213.    Procedures at hearing
   214.    Witnesses at hearings
   215.    Contempt at hearing

           Part 2--Superannuation

   216.    What this part is about
   216A.   Definitions for pt 2
   217.    LG super scheme
   218.    Members of LG super scheme
   219.    Compulsory super contributions
   220.    Amount of yearly contributions—particular employers
   220A.   Amount of yearly contributions—permanent employees and prescribed employees
   220B.   Reduction in contributions to prevent them exceeding concessional contributions cap
   220C.   Exemption from payment of yearly contributions on grounds of financial hardship
   221.    Extra super contributions
   222.    Adjusting super contributions when salary changed
   223.    Super contributions for non-contributory members
   224.    Interest is payable on unpaid super contributions
   225.    Local governments must not establish employee superannuation schemes
   226.    Super scheme for councillors
   227.    Super schemes to be audited

           Part 3--Allocating Commonwealth funding to local governments

           Division 1--Allocating Commonwealth funding

   228.    Allocating Commonwealth funding
   229.    Decisions under this division are not subject to appeal

           Division 2--The grants commission

   230.    Grants commission is established
   231.    Members of grants commission
   232.    Conflict of interests
   233.    Staff assistance to the grants commission

           Part 4--Legal provisions

   234.    False or misleading information
   235.    Administrators who act honestly and without negligence are protected from liability
   236.    Who is authorised to sign local government documents
   236A.   Who is authorised to sign joint local government documents
   237.    Name in proceedings by or against a local government
   237A.   Name in proceedings by or against a joint local government
   238.    Service of documents on local governments
   239.    Substituted service
   239A.   Local Government Acts requiring a statement of a law
   240.    Acting for a local government in legal proceedings
   241.    Attempt to commit offence
   242.    Types of offences under this Act
   243.    Time to start proceedings in a summary way
   244.    Decisions not subject to appeal
   245.    Judges and other office holders not disqualified from adjudicating
   246.    Where fines are to be paid to
   247.    Local government references in this Act
   248.    Evidence of local laws
   249.    Evidence of proceedings
   250.    Evidentiary value of copies
   251.    Evidentiary value of certificates
   252.    Evidence of directions given to local government or joint local government
   253.    Evidence of complainant's knowledge of matter
   254.    Constitution and limits of local government need not be proved

           Part 5--Delegation of powers

   255.    Delegation of Minister's powers
   256.    Delegation of department's chief executive's powers
   257.    Delegation of local government powers
   257A.   Delegation of joint local government's powers
   258.    Delegation of mayor's powers
   259.    Delegation of chief executive officer powers
   260.    Local government delegations register

           Part 6--Other provisions

   261.    Public office of a local government
   262.    Powers in support of responsibilities
   263.    Validity of local government proceedings
   264.    Special entertainment precincts
   265.    Materials in infrastructure are local government property
   265A.   Land registry searches free of charge
   266.    Approved forms
   268.    Process for administrative action complaints
   268A.   Advisory polls
   269.    Information for the Minister
   270.    Regulation-making power
   270A.   Regulation-making power for implementation of de-amalgamations

           Chapter 8--Transitionals, savings and repeals for Act No. 17 of 2009 and Act No. 23 of 2010

   271.    What this chapter is about
   272.    Local governments, including joint local governments
   273.    Community governments
   274.    Local service committees
   275.    Local government owned corporation
   276.    Local laws
   277.    Decisions
   278.    Proceedings and evidence
   279.    Super trust deed
   280.    Registers
   281.    Remuneration schedule
   282.    References to repealed LG Act
   282A.   Continuation of implementation of reform
   283.    Continuation of instruments to implement reform
   286.    Administration of sinking fund for liquidation of current borrowings
   287.    Local Government Association
   288.    Continuing casual commissioners
   289.    Appeals against disciplinary action
   290.    Superannuation for local government employees transferred to new water entities
   291.    Repeal

           Chapter 9--Other transitional and validation provisions

           Part 1--Transitional provision for Revenue and Other Legislation Amendment Act 2011

   292.    References to City Super etc. in industrial instruments

           Part 2--Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011

   293.    Continuation of implementation of matters under s 282A

           Part 3--Transitional provision inserted under the Local Government Electoral Act 2011

   294.    Continuation of particular local laws of Torres Strait Island Regional Council

           Part 4--Transitional provisions for Local Government and Other Legislation Amendment Act 2012

           Division 1--Transitional provisions about change of legal status

   295.    Effect of change of legal status on existing local governments and joint local governments
   296.    Contractual rights etc. are unaffected

           Division 2--Other transitional provisions

   297.    Continuation of particular provisions for corporate entities
   298.    Change in dealing with complaints
   299.    Change in process for making local laws

           Part 5--Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012

   300.    Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority

           Part 6--Transitional provision for Queensland Independent Remuneration Tribunal Act 2013

   301.    Amendment of regulation does not affect powers of Governor in Council

           Part 7--Transitional provisions for Local Government and Other Legislation Amendment Act 2013

           Division 1--Former corporate entities

   302.    Exemption from continuation of particular provisions for corporate entities
   303.    Continuation of particular provisions of other Acts for corporate entities

           Division 2--New local governments

   304.    Definition for div 2
   305.    Meeting to approve budget and levy rates and charges for period ending 30 June 2014
   306.    Post-election meeting not required

           Part 8--Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014

   307.    Validation of rates charged
           SCHEDULE 4--DICTIONARY


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