Queensland Consolidated Regulations

LOCAL GOVERNMENT REGULATION 2005

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Prescribed pensions for meaning of pensioner
   5.      State interest
   6.      Department's address

           Part 2--The local government system

   7.      Criteria for regions, cities and towns—Act, s 18

           Part 3--Interaction with the State

           Division 1--Reviewable local government matters
           Subdivision 1--Preliminary

   8.      Definitions for div 1
   9.      Meaning of class change issue
   10.     Meaning of community of interest issue
   11.     Meaning of divisional boundaries issue
   12.     Meaning of joint arrangements issue
   13.     Meaning of planning issue
   14.     Meaning of resource base sufficiency issue
           Subdivision 2--Prescribed issues
   15.     Prescribed issues—Act, s 84
   16.     Prescribed issues—Act, s 107
           Subdivision 3--Special provisions for joint arrangements
   17.     Aims of joint arrangements
   18.     Application of joint arrangements
   19.     Contents of agreements about joint arrangements

           Division 2--Intervention by the State

   19A.    Revocation of resolution—Act, ss 161 and 162
   19B.    Revocation of resolutions—Act, s 161
   20.     Overruling particular local laws—Act, s 163

           Part 4--Registers of interests of local government councillors and related persons

   21.     Definitions for pt 4
   22.     Meaning of related to a councillor—Act, s 247
   23.     Meaning of sponsored hospitality benefit
   24.     Financial and non-financial particulars for registers
   25.     Councillor to tell about interests and correct particulars—Act, s 247

           Part 5--General operation of local governments

   26.     Particulars to be contained in register of delegations by a local government—Act, s 472
   27.     Declaration of exempt enterprises—Act, s 495
   28.     Limits of enterprise powers—Act, s 500

           Part 6--National competition reform of significant business activities

   29.     Public benefit assessments and public benefit assessment reports—Act, s 559

           Part 7--Conduct of competitive business activities

   30.     Building certification business activity
   31.     Activities of local governments that are not business activities—Act, s 762

           Part 8--Reform of certain water and sewerage services

           32. Requirements for two-part tariff assessments and reports—Act, s 777

           Part 9--Complaints about competitive neutrality

   33.     Maximum fee payable for making a complaint—Act, s 794

           Part 10--Local laws and subordinate local laws

           Division 1--Drafting standards for proposed local laws and subordinate local laws

   34.     Prescribed drafting standards

           Division 2--Anti-competitive provisions of proposed local laws and proposed subordinate local laws

   36.     Definitions for div 2
   37.     Anti-competitive provisions—Act, s 885
   38.     Public interest tests and public interest test reports—Act, s 893

           Division 3--Public access to subordinate local laws

   39.     Subordinate local law register—Act, s 895(2)

           Part 11--Local government infrastructure

   40.     Register of roads—Act, s 921

           Part 12--Rates and charges

   41.     Land exempted from rating—Act, s 957
   42.     Land record—Act, s 994
   43.     Limit on interest for overdue rate—Act, s 1018
   44.     Notice of intention to sell land—Act, s 1041
   45.     Notice for registering purchaser for interest—Act, s 1049
   46.     Application for registering local government for interest—Act, s 1050
   47.     Notice of intention to acquire valueless land—Act, s 1052
   48.     Application for registering local government for interest—Act, s 1053

           Part 13--Provisions aiding local government

   49.     Who may be appointed as authorised persons—Act, s 1084
   49A.    Period prescribed for carrying out particular approved inspection programs—Act, s 1098
   50.     Insurance against liability—Act, s 1123

           Part 14--Local government staff

           Division 1--Equal opportunity of employment
           Subdivision 1--Object of division and related matters

   51.     Purpose and role of EEO
   52.     How purpose is to be achieved
   53.     Merit principle reinforced
   54.     Criteria for exemption from compliance with div 1—Act, s 1130
           Subdivision 2--Development of equal employment opportunity management plan
   55.     Local government to develop EEO management plan
   56.     Steps to be followed in ongoing development of EEO management plan
           Subdivision 3--Implementation of plan
   57.     Local government to give effect to EEO management plan
   58.     Employment powers to be exercised having regard to EEO management plan
           Subdivision 4--EEO information in annual report
   59.     Local government's activities to implement EEO management plan
           Subdivision 5--Supervision by chief executive
   60.     Chief executive may take action if dissatisfied with EEO management
   61.     Local government to comply with recommendation unless chief executive notified
   62.     Chief executive's power if local government does not act or give satisfactory reasons
           Subdivision 6--Supervision by tribunal
   63.     Tribunal may recommend conciliation
   64.     Otherwise tribunal must determine reference
   65.     Tribunal may investigate a reference
   66.     Legal representation with permission
   67.     Tribunal's powers for an investigation
   68.     End of reference
   69.     Recommendation may be to amend EEO management plan
   70.     Local government to comply with recommendation
           Subdivision 7--Tabling of reports and review of division
   71.     Minister may table report

           Division 2--Register of delegations by chief executive officer to employees

   72.     Register of delegations by chief executive officer—Act, s 1132

           Division 3--Matters about disclosures by employees

   73.     Definitions for div 3
   74.     Meaning of related to a relevant employee—Act, s 1139
   75.     Meaning of sponsored hospitality benefit
   76.     Registers of interests of relevant employees and related persons
   77.     Relevant employee to tell about interests and correct particulars—Act, s 1139

           Part 15--Superannuation

   78.     Local government entities
   79.     Persons eligible for membership of the scheme—Act, s 1181
   80.     Interest payable on outstanding contributions—Act, s 1188

           Part 16A--Transitional matters for Townsville-Thuringowa Water Supply Joint Board

           Division 1--Preliminary

   89A.    Definitions for pt 16A

           Division 2--Dissolution of Townsville-Thuringowa Water Supply Joint Board and role of Townsville City Council

   89B.    Dissolution of joint board
   89C.    Council successor of joint board
   89D.    Council to take over particular functions and powers
   89E.    Council subject to particular obligations, etc.

           Division 3--Local laws and other instruments

   89F.    Definition for div 3
   89G.    Local laws for council's local government area
   89H.    Limited application of continuing local laws
   89I.    Existing instruments continue in force
   89J.    Existing delegations made to joint board
   89K.    Existing delegations made by joint board to chief executive officer
   89L.    Existing authorisations
   89M.    Authorised persons

           Division 4--Financial matters

   89N.    Assets and liabilities of joint board
   89O.    Fees and charges
   89P.    Recovery of unpaid fees and charges

           Division 5--Employment matters

   89Q.    Preservation of employees' rights and entitlements
   89R.    Appointer of employees

           Division 6--General

   89S.    Documents of joint board
   89T.    References to joint board
   89U.    Administrative action taken by joint board
   89V.    Legal proceedings

           Part 17--Transitional provisions for Act

   90.     Anti-competitive provisions—Act, s 1219
   91.     Anti-competitive provisions—Act, s 1231

           Part 17A--Transitional regulation for particular rates and charges

   91A.    Declaration that this part is a transitional regulation—Act, s 159YQA
   91B.    Application of definitions for ch 3, pts 1B and 1C of the Act
   91C.    Definitions for pt 17A
   91D.    Transitional provision for rates and charges for new local governments
   91E.    Transitional provision for rates and charges for adjusted local governments
   91F.    Transitional provision for charges on residents of residential premises for indigenous regional councils

           Part 18--Repeal and expiry

   92.     Repeal of Local Government Regulation 1994
   93.     Expiry of Act, s 159ZY—Act, s 159ZZA
           SCHEDULE 1 COUNCILLORS' AND RELATED PERSONS' PARTICULARS FOR REGISTERS
           1. Controlling interest in corporation
           2. Officer of corporation
           3. Beneficial interest in trust or nominee corporation
           4. Trustee for trust
           5. Partnership and joint venture
           6. Land
           7. Liability
           8. Debentures and similar investments
           9. Savings and investment accounts
           10. Gifts totalling more than $500
           11. Sponsored hospitality benefit
           12. Membership of political party, body, association and trade or professional organisation
           13. Other assets with value more than $5000
           14. Other sources of income more than $500 a year
           15. Other financial or non-financial interests
           SCHEDULE 2 COMPONENTS OF LOCAL GOVERNMENT'S OWN SOURCE REVENUE
           SCHEDULE 3 LOCAL GOVERNMENTS FOR BUILDING CERTIFICATION BUSINESS ACTIVITY
           SCHEDULE 4 LAND EXEMPTED FROM RATING
           SCHEDULE 5 RELEVANT EMPLOYEES' AND RELATED PERSONS' PARTICULARS FOR REGISTERS
           1. Controlling interest in corporation
           2. Officer of corporation
           3. Beneficial interest in trust or nominee corporation
           4. Trustee for trust
           5. Partnership and joint venture
           6. Land
           7. Liability
           8. Debentures and similar investments
           9. Savings and investment accounts
           10. Gifts totalling more than $500
           11. Sponsored hospitality benefit
           12. Membership of political party, body, association and trade or professional organisation
           13. Other assets with value more than $5000
           14. Other sources of income more than $500 a year
           15. Other financial or non-financial interests

           SCHEDULE 6 LOCAL GOVERNMENT ENTITIES--ACT, CHAPTER 17
           SCHEDULE 7 DICTIONARY
           Endnotes