LOCAL GOVERNMENT ACT 2009 - SCHEDULE 4

LOCAL GOVERNMENT ACT 2009 - SCHEDULE 4

SCHEDULE 4 – Dictionary

"1936 Act" means the repealed Local Government Act 1936 .


"1993 Act" means the repealed Local Government Act 1993 .


"2020 quadrennial election" means the quadrennial election for 2020.


"accumulation benefit member" ...


"adopt" , by a local government, means adopt by resolution of the local government.


"advice guidelines" ...


"advisor" see section 117 .


"affected person" , for chapter 5A , part 4A , see section 150COA .


"ancillary works and encroachments" means—

(a) cellars; or

(b) gates; or

(c) temporary rock anchors for building support; or

(d) ancillary works and encroachments under the Transport Infrastructure Act .

(a) entry to a market; or

(b) competition within a market.

Example of standing—

a person’s classification level in the public service

(a) for chapter 5A , a form approved by the assessor under section 150EC ; or

(b) otherwise, a form approved by the department’s chief executive under section 266 .

(a) the Body Corporate and Community Management Act 1997 ; or

(b) the Building Units and Group Titles Act 1980 ; or

(c) the Integrated Resort Development Act 1987 ; or

(d) the Mixed Use Development Act 1993 ; or

(e) another Act prescribed under a regulation.

(a) in relation to the change commission—a person appointed as a casual commissioner of the change commission under section 23 (2) ; or

(b) in relation to the remuneration commission—a person appointed as a casual commissioner of the remuneration commission under section 180 (2) .

1 To
"cause detriment to a local government" includes—

(a) to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or

(b) to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example).

2 To
"cause detriment to a local government" does not include—

(a) merely embarrassing the council; or

(b) merely causing disagreement between councillors.

(a) in relation to the grants commission—the person appointed to be the chairperson of the grants commission under section 231 ; or

(b) in relation to the remuneration commission—the person appointed to be the chairperson of the remuneration commission under section 180 (1) .

(a) the chairperson of the remuneration commission; or

(b) a casual commissioner of the remuneration commission.

(a) a person who provides services under a contract with the local government; or

(b) a person prescribed under a regulation.

(a) includes make the card available to other persons; but

(b) does not include merely display the card.

Examples—

1 A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.

2 A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.

(a) travel or accommodation paid for by the State or a local government; or

(b) travel or accommodation paid for by LGAQ Ltd for the purpose of a councillor attending a meeting of the policy executive established under the constitution of LGAQ Ltd; or

(c) travel or accommodation that is—

(i) undertaken or used by the person in the course of the person’s employment; and

(ii) is contributed to, whether financially or non-financially, by the person’s employer; or

(d) if the person is a director of a corporation—travel or accommodation that is—

(i) undertaken or used by the person in the course of carrying out the person’s duties as a director; and

(ii) is contributed to, whether financially or non-financially, by the corporation; or

(e) if the travel is airline travel—an upgrade to the travel given by the provider of the travel for no charge; or

Example—

a free air travel upgrade to business class

(f) an upgrade to the accommodation given by the provider of the accommodation for no charge.

Example—

a free accommodation upgrade to a larger room

(a) a mortgage, lien or charge;

(b) a caveat;

(c) an agreement;

(d) a judgment, writ or process;

(e) an interest adverse to the interest of the land’s owner;

(a) if the entity has a board or management committee—each member of the board or committee; or

(b) each person, by whatever name called, who is concerned, or takes part, in the management of the entity.

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and

(b) that is not revived as prescribed by section 11 of that Act.

(a) a gift under the Local Government Electoral Act , section 107 ; and

(b) a gift that is required, under a regulation, to be recorded in a register of interests.

(a) a room in a boarding house; and

(b) a caravan; and

(c) a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003 , section 10 .

(a) that was entered into under—

(i) the State Housing Act 1945 , section 24 , before the repeal of that Act; or

(ii) the Housing Act 2003 , section 113 ; or

(b) under which—

(i) the purchase price, other than the deposit, is payable in 2 or more instalments; or

(ii) the sale is of a share in a house and land.

(a) identifies the person as an investigator, authorised person, local government worker or authorised officer; and

(b) contains a recent photo of the person; and

(c) contains a copy of the person’s signature; and

(d) states the expiry date for the identity card.

(a) the local government for the following local government areas—

• Cherbourg

• Doomadgee

• Hope Vale

• Kowanyama

• Lockhart River

• Mapoon

• Napranum

• Palm Island

• Pormpuraaw

• Woorabinda

• Wujal Wujal

• Yarrabah; or

(b) an indigenous regional council.

(a) the Northern Peninsula Area Regional Council; or

(b) the Torres Strait Island Regional Council; or

(c) an indigenous regional council prescribed under a regulation.

(a) the decision;

(b) the reasons for the decision;

(c) the rights of review under this Act for the decision;

(d) how, and the period within which, a review under this Act for the decision may be started;

(e) how a stay of the operation of the decision may be applied for under this Act.

(a) freehold land; and

(b) land held from the State for a leasehold interest; and

(c) a mining claim.

(a) a loan under the Local Government Electoral Act , section 106 ; and

(b) a loan that is required, under a regulation, to be recorded in a register of interests.

(a) for chapter 5 , part 1 —see section 113A (1) ; or

(b) for chapter 5A —see section 150C ; or

(c) for chapter 6 , part 7 —see section 204G ; or

(d) for chapter 7 , part 2 —see section 216A ; or

(e) generally—see section 8 (1) .

(a) this Act; and

(b) a local law; and

(c) the Building Act ; and

(d) the Planning Act ; and

(e) a planning scheme; and

(f) the Plumbing and Drainage Act ; and

(g) the Water Act 2000 ; and

(h) the Water Supply (Safety and Reliability) Act 2008 .

(a) the chief executive officer; or

(b) a person holding an appointment under section 196 .

(a) a local government; or

(b) a committee of a local government.

(a) about the appointment of a chief executive officer of the local government; or

(b) about the remuneration of the chief executive officer of the local government; or

(c) to terminate the employment of the chief executive officer of the local government; or

(d) to enter into a contract the total value of which is more than the greater of the following—

(i) $200,000;

(ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report; or

(e) relating to making or preparing an arrangement, list, plan or register in the way provided under a regulation made under this Act that can be used to establish an exception to obtaining quotes or tenders when entering into a contract; or

(f) to make, amend or repeal a local law; or

(g) to make, amend or repeal a local planning instrument under the Planning Act ; or

(h) under the Planning Act , chapter 3 , part 3 , division 2 on a development application that includes a variation request under that Act if the application proposes to—

(i) vary the category of development or category of assessment of development; or

(ii) vary the assessment benchmarks or criteria for accepted development that would apply to development; or

(iii) facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the local government’s local government infrastructure plan; or

(i) under the Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 on a change application under that Act that includes a change to a variation approval if the application is being assessed under section 82 of that Act and the application proposes to—

(i) further vary the category of development or category of assessment of development; or

(ii) further vary the assessment benchmarks or criteria for accepted development that would apply to development; or

(iii) facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the local government’s local government infrastructure plan.

Note—

Change application assessments for minor changes under the Planning Act , section 81 are not subject to paragraph (i) .

(a) in relation to the grants commission—the chairperson, deputy chairperson or another person appointed as a member of the grants commission under section 231 ; or

(b) in relation to the conduct tribunal—the president or a casual member of the conduct tribunal.

(a) the Conduct Code Agreement;

(b) the Competition Principles Agreement;

(c) the Agreement to Implement National Competition Policy and Related Reforms.

(a) of a place, for chapter 5A , includes—

(i) if there is more than 1 person who apparently occupies the place—any of the persons; and

(ii) a person at the place who is apparently acting with the authority of a person who apparently occupies the place; and

(iii) if no person apparently occupies the place—a person who is an owner of the place; or

(b) of property, other than for chapter 5A , see section 125 (6) .

(a) an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or

(b) an interest that the Minister considers affects the interest of ensuring there is an accountable, effective, and efficient system of local government; or

(c) an interest prescribed under a regulation.

(a) means—

(i) a registered proprietor of freehold land; or

(ii) a purchaser of freehold land from the State under an Act; or

(iii) a purchaser of land under a Housing Act contract ; or

(iv) a person who has a share in land that the person bought under a Housing Act contract ; or

(v) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or

(vi) the holder of a mining claim or lease; or

(vii) the holder of land mentioned in the Mineral Resources Act 1989 , schedule 2 , definition owner ; or

(viii) a lessee of land under any of the following Acts—

• the Geothermal Energy Act 2010

• the Greenhouse Gas Storage Act 2009

• the Petroleum Act 1923

• the Petroleum and Gas (Production and Safety) Act 2004 ; or

(ix) a lessee of land held from a government entity or local government; or

(x) the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or

(xi) the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act ; or

(xii) the holder of a permit to occupy under the Land Act ; or

(xiii) a licensee under the Land Act ; or

(xiv) for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or

(xv) another person who is entitled to receive rent for the land; or

(xvi) another person who would be entitled to receive rent for the land if it were leased at a full commercial rent; but

(b) does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates.

(a) for a local government (other than the Brisbane City Council) or a local government entity†” section 216B ; or

(b) for the Brisbane City Council†” section 216C .

(a) premises; and

(b) vacant land; and

(c) a place in Queensland waters; and

(d) a place held under more than 1 title or by more than 1 owner; and

(e) the land or water on which a building or other structure, or a group of buildings or other structures, is situated.

(a) a building or other structure; and

(b) a part of a building or other structure; and

(c) a caravan or vehicle; and

(d) a cave or tent; and

(e) premises held under more than 1 title or by more than 1 owner.

(a) the Commonwealth or a State; or

(b) a State authority; or

(c) a local government.

(a) the Land Act , chapter 6 , part 4 , division 8 ; or

(b) the Land Title Act , part 6 , division 4 .

(a) works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or

(b) works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971 , section 82 ; or

(c) works for a purpose mentioned in the State Development and Public Works Organisation Act 1971 , section 125 ; or

(d) other works that is declared under a regulation to be a public utility.

(a) to a councillor—see section 201A (3) ; or

(b) to a councillor advisor—see section 201A (4) .

(a) starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and

(b) ending on the day immediately before the councillor’s current term of office started.

(a) a councillor’s remuneration as a councillor; or

(b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or

(c) reasonable expenses actually incurred for any 1 or more of the following—

(i) accommodation;

(ii) meals;

(iii) domestic air travel;

(iv) taxi fares or public transport charges;

(v) motor vehicle hire; or

(d) an amount paid as a pension or otherwise for past service in a full-time government job.

(a) means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but

(b) does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.

(a) who reports directly to the chief executive officer; and

(b) whose position ordinarily would be considered to be a senior position in the local government’s corporate structure.