LOCAL GOVERNMENT ACT 2009

Queensland Consolidated Acts

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LOCAL GOVERNMENT ACT 2009

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Purpose of this Act
4. Local government principles underpin this Act
5. How this Act applies to the Brisbane City Council
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. Who a local government is constituted by
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 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
30. Expiry of interim local law revives previous law
31. Local law register
32. Consolidated versions of local laws
33. Regular review 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

Part 2--Business enterprises and activities

Division 1--Beneficial enterprises

39. What this division is about
40. Conducting beneficial enterprises
41. Register of beneficial enterprises
42. Planning for a beneficial enterprise with the private sector

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

Division 3--Responsibilities and liabilities of employees of corporate entities

49. Director's duty to disclose interest in a matter
50. Obligations of a corporate entity's employees
51. Corporate entity must not insure against certain liabilities of employees
52. When a corporate entity is not to indemnify employees
53. Prohibition on loans to directors
54. Duty to prevent insolvent trading
55. Order for examination of persons concerned with corporate entities
56. Examination of persons concerned with corporate entities
57. Relief from liability for malpractice
58. False or misleading information

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

Part 4--The business of indigenous regional councils

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
86. Grouping of trust land not available

Division 3--Community forums

87. Community forums
88. Members of a community forum
89. Payments to elected members of a community forum
90. Convenors for a community forum

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 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 indigenous local government areas

Part 3--Financial sustainability and accountability

101. Statutory Bodies Financial Arrangements Act applies to local governments
102. Financial sustainability criteria
103. Financial management systems
104. Financial management, planning and accountability documents
105. Auditing, including internal auditing
106. Sound contracting principles
107. Insurance

Part 4--Councillor's financial accountability

108. Misappropriation offence applies
109. Councillor's discretionary funds
110. Councillor's liable for improper disbursements
111. Councillor's liable for loans to individuals
112. Councillor's 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
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
139. Entry with, and in accordance with, permission of occupier
140. Entry by an owner, with reasonable written notice, under a remedial notice
141. Occupier may discharge owner's obligations
142. Entry by a local government worker, with reasonable written notice, under a remedial notice
143. Entry by a local government worker, with reasonable written 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

Division 3--Offences

149. Obstructing enforcement of Local Government Acts
150. Impersonating an authorised person

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

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
168. Senior councillors and full-time government jobs

Division 5--Obligations of councillors

169. Obligations of councillors before acting in office
170. Giving directions to local government staff
171. Use of information by councillors
172. Councillor's material personal interest at a meeting
173. Councillor's conflict of interest at a meeting
174. Duty to report another councillor's material personal interest, conflict of interest or misconduct
175. Post-election meetings

Division 6--Conduct and performance of councillors

176. What this division is about
177. Assessing complaints
178. Notifying councillor of the hearing of a complaint of misconduct
179. Hearing and deciding complaints
180. Taking disciplinary action
181. Inappropriate conduct
182. Department's chief executive is public official for CMC 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. Improper 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

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
217. LG super scheme
218. Members of LG super scheme
219. Compulsory super contributions
220. Amount of compulsory contributions
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 by auditor-general

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
237. Name in proceedings by or against a local government
238. Service of documents on local governments
239. Substituted service
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 of local government
250. Evidentiary value of copies
251. Evidentiary value of certificates
252. Evidence of directions given to 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
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
266. Approved forms
267. Review of this Act
268. Process for administrative action complaints
269. Information for the Minister
270. Regulation-making power

CHAPTER 8--TRANSITIONALS, SAVINGS AND REPEALS

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
283. Continuation of instruments to implement reform
284. Continuation of electoral and related provisions
285. Transitional regulation-making power
286. Administration of sinking fund for liquidation of current borrowings
287. Local Government Association
288. Repeal

CHAPTER 9--AMENDMENTS OF ACTS

Part 2--Amendments of Acts

331. Acts amended in sch 1
SCHEDULE 1 -- ACTS AMENDED
SCHEDULE 2 -- LOCAL GOVERNMENT ELECTIONS
SCHEDULE 3 -- COMPARATIVE TERMS FOR THE BRISBANE CITY COUNCIL
SCHEDULE 4 -- DICTIONARY
Endnotes

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