LOCAL GOVERNMENT REGULATION 2012
- Made under the Local Government Act 2009
- As at 16 March 2024
- Reg 236 of 2012
Table of Provisions
CHAPTER 1 - PRELIMINARY
- 1 Short title
- 2 Definitions
CHAPTER 2 - LOCAL GOVERNMENTS
PART 1 - LOCAL GOVERNMENT AREAS, NAMES AND REPRESENTATION
- 3 What pt 1 is about
- 4 Names of local government areas
- 5 Classifications of local government areas
- 6 Boundaries of local government areas and any divisions
- 7 Number of councillors for a local government and any divisions of the local government area
PART 2 - CHANGING A LOCAL GOVERNMENT AREA, NAME OR REPRESENTATION
Division 1 - Changing boundaries of a local government
- 8 What div 1 is about
- 9 Communities of interest
- 10 Joint arrangements
- 11 Planning
- 12 Resource base sufficiency
Division 2 - Changing classification of a local government area
- 13 Changing classification of a local government area
Division 3 - Implementing particular local government changes
- 13A What div 3 is about
- 13B Implementing local government changes relating to changes of the boundaries of local government areas
CHAPTER 3 - THE BUSINESS OF LOCAL GOVERNMENTS
PART 1 - LOCAL LAWS
- 14 Local law register—Act, s 31
- 15 Anti-competitive provisions and review procedures
16. (Repealed)
PART 2 - BUSINESS REFORM, INCLUDING COMPETITIVE NEUTRALITY
Division 1 - Introduction
- 17 What pt 2 is about
- 18 Reforming a significant business activity
Division 2 - Identifying significant business activities for reform
- 19 Thresholds for significant business activities—Act, s 43
- 20 Identifying significant business activities for report
Division 3 - Full cost pricing
- 21 What div 3 is about
- 22 Full cost pricing
- 23 Cost of community service obligations
- 24 Community service obligations
- 25 Taking account of government taxes
Division 4 - Commercialisation
- 26 What div 4 is about
- 27 Commercial business unit
- 28 What are the key principles of commercialisation
- 29 Converting a business unit to a commercial business unit
- 30 Creating a commercial business unit
Division 5 - Code of competitive conduct
- 31 What div 5 is about
- 32 Elements of code of competitive conduct
- 33 Applying the competitive neutrality principle
- 34 Estimated activity statement
- 35 Activity statement
- 36 Cost of community service obligations
- 37 Particular roads activities not to include community service obligations
- 38 Building certifying activity—Act, s 47
- 39 Prescribed business activities—Act, s 47
Division 6 - Water and sewerage services
- 40 What div 6 is about
- 41 Full cost recovery for water and sewerage services
Division 7 - Competitive neutrality complaints
Subdivision 1 - Introduction
- 42 What div 7 is about
Subdivision 2 - Complaint process
- 43 Application of sdiv 2
- 44 Minimum requirements for complaint process
- 45 Making a complaint
- 46 Competition authority must investigate and report on complaint
- 47 Competition authority requiring further information
- 48 Competition authority refusing to investigate
- 49 Notice of intention to investigate
- 50 Power to require certain information from relevant local government or corporatised business entity
- 51 Matters competition authority must consider when investigating
- 52 Competition authority’s report on investigation
- 53 Public access to report
- 54 Information to persons given an investigation notice
- 55 Local government response to competition authority’s report
- 55A Confidentiality requests
Subdivision 3 - Miscellaneous provision
- 56 Register
PART 3 - ROADS AND OTHER INFRASTRUCTURE
Division 1 - Roads
- 57 Prescribed particulars for register of roads—Act, s 74
Division 2 - Malls
- 58 Other matters connected with managing, promoting or using malls—Act, s 80A
Division 3 - Marine and aquatic matters
- 59 Harbours, jetties, breakwaters and ramps
- 60 Canals
- 61 The foreshore
- 62 Bathing reserves
Division 4 - Other matters
- 63 Public thoroughfare easements
- 64 Boundary works
PART 4 - LEVY ON KURANDA RAIL LINE
- 65 Definitions for pt 4
- 66 Imposition of levy
- 67 Payment of levy
- 68 Obligation to give annual statements
69. (Repealed)
- 70 Expiry
CHAPTER 4 - RATES AND CHARGES
PART 1 - PRELIMINARY
- 71 What ch 4 is about
- 72 What is the value of land
PART 2 - LAND EXEMPT FROM RATING
- 73 Land that is exempt from rating—Act, s 93
PART 3 - VALUE OF LAND USED FOR RATES
- 74 Rateable value of land
- 75 Working out the 2-year averaged value
- 76 Working out the 3-year averaged value
PART 4 - MINIMUM GENERAL RATES
- 77 Minimum general rates for land generally
- 78 Minimum general rates on timeshare property
- 79 Value of mining claim for fixing minimum general rates
PART 5 - DIFFERENTIAL GENERAL RATES
Division 1 - Introduction
- 80 Differential general rates
- 81 Categorisation of land for differential general rates
- 82 Later categorisation
Division 2 - Entering land to categorise land
- 83 Appointing categorisation officer
- 84 Identity card for categorisation officer
- 85 Exercise of power of entry
- 86 End of appointment of categorisation officer
- 87 Entering private property with notice
Division 3 - Notice of categorisation of land
- 88 Notice to owner of categorisation
Division 4 - Objecting to rates category
- 89 What div 4 is about
- 90 Land owner’s objection to rates category
- 91 Decision on a land owner’s objection
- 92 Land owner’s appeal against decision
- 93 Decision on a land owner’s appeal
PART 6 - SPECIAL RATES AND CHARGES
- 94 Levying special rates or charges
- 95 Carrying special rates or charges forward to a later financial year
- 96 Surplus special rates or charges after plan is carried out
- 97 Surplus special rates or charges after plan is cancelled
- 98 Returning special rates or charges incorrectly levied
PART 7 - UTILITY CHARGES
- 99 Utility charges
- 100 Utility charges before facilities are constructed
- 101 Working out utility charges for water services
- 102 Reading meters for utility charges
PART 8 - SEPARATE RATES AND CHARGES
- 103 Levying separate rates or charges
PART 9 - LEVYING AND ADJUSTING RATES AND CHARGES
Division 1 - Rate notices
- 104 Rate notice for rates or charges
- 105 Other amounts under rate notice
- 106 Entities to whom rate notice must be given
- 107 Issue of and period covered by rate notice
- 108 Electronic issue of rate notice and rating category statement
Division 2 - Adjusting rates or charges
- 109 What div 2 is about
- 110 Land stops being rateable land
- 111 Change in value
- 112 Change in rating category
- 113 Special rates become or stop being payable
- 114 Loss of entitlement to occupy land from State
- 115 Rates or charges paid before adjustment
Division 3 - Other matters about levying rates or charges
- 116 Limitation of increase in rates or charges levied
- 116A Limitation of increase in rates or charges levied continues after compulsory acquisition of land
- 117 Rates or charges may be levied or adjusted after end of financial year
- 118 When rates or charges must be paid
Division 4 - (Expired)
PART 10 - CONCESSIONS
- 119 Concession for rates or charges
- 120 Criteria for granting concession
- 121 Types of concession
- 122 Resolutions for granting concession
- 123 Special provision for rebate for land occupied by pensioners
- 124 Refund of rebated rates or charges already paid
- 125 Special provision for agreement to defer rates or charges
- 126 Special provision for agreement to accept land transfer
PART 11 - PAYING RATES AND CHARGES
- 127 Who must pay rates and charges
- 128 Paying part of rates and charges
- 129 Paying rates or charges by instalments
- 130 Discount for prompt payment of rates or charges
- 131 Other benefits for prompt payment
PART 12 - OVERDUE RATES AND CHARGES
Division 1 - General provisions
- 132 What are overdue rates or charges and when do they become overdue
- 133 Interest on overdue rates or charges
Division 2 - Court proceedings for overdue rates or charges
- 134 Court proceedings for overdue rates or charges
- 135 Selling or acquiring land ends liability for overdue rates or charges
Division 3 - Selling or acquiring land for overdue rates or charges
Subdivision 1 - Preliminary
- 136 What div 3 is about
- 137 Reference to market value
Subdivision 2 - Selling land for overdue rates or charges
- 138 Selling land that is subject to a State encumbrance
- 139 Selling land that is subject to other restrictions
- 140 Notice of intention to sell land for overdue rates or charges
- 141 When procedures for selling land must start and end
- 142 Procedures for selling land
- 143 Conduct of auction
- 144 Procedures for selling land by another auction or negotiation
- 145 Procedures after sale of land
- 146 Application of proceeds of sale
- 147 Local government’s failure to comply with this subdivision
Subdivision 3 - Acquiring land for overdue rates or charges
- 148 Application of sdiv 3
- 149 Requirements for notice of intention to acquire land
- 150 Time to start procedures to acquire
- 151 Acquisition procedures
Division 4 - State pays overdue rates or charges
- 152 Satisfaction on termination of tenure
PART 13 - LAND RECORD OF LOCAL GOVERNMENT
Division 1 - Land record
- 153 What pt 13 is about
- 154 Land record to be kept
- 155 Public may inspect land record
- 156 Amending land record
- 157 Evidence of land record
Division 2 - Review of decisions by QCAT to amend land record
- 158 Who may apply for review
- 159 Powers of QCAT on review
Division 3 - Change in ownership of land
- 160 Definitions for div 3
- 161 Notice of change of owner of land for sale or other ownership changes for land
- 162 Local government to record change of owner
- 163 Previous owner can continue to be liable to pay rates or charges
CHAPTER 5 - FINANCIAL PLANNING AND ACCOUNTABILITY
PART 1 - GENERAL MATTERS ABOUT FINANCIAL MANAGEMENT SYSTEMS
- 164 Requirement to keep record of particular matters
PART 2 - FINANCIAL PLANNING DOCUMENTS
Division 1 - 5-year corporate plan
- 165 Preparation of 5-year corporate plan
- 166 5-year corporate plan contents
Division 2 - Long-term asset management plan
- 167 Preparation of long-term asset management plan
- 168 Long-term asset management plan contents
Division 3 - Annual budget
- 169 Preparation and content of budget
- 170 Adoption and amendment of budget
- 171 Long-term financial forecast
- 172 Revenue statement
- 173 Unauthorised spending
Division 3A - (Expired)
Division 4 - Annual operational plan
- 174 Preparation and adoption of annual operational plan
- 175 Annual operational plan contents
PART 3 - FINANCIAL ACCOUNTABILITY DOCUMENTS
Division 1 - Financial statements and report
- 176 Preparation of financial statements
- 177 General purpose financial statement
- 178 Financial sustainability statements
- 179 Community financial report
Division 2 - Asset register
- 180 Non-current physical assets to be recorded
Division 3 - Annual report
- 181 What div 3 is about
- 182 Preparation of annual report
- 183 Financial statements
- 184 Community financial report
- 185 Particular resolutions
- 186 Councillors
- 187 Administrative action complaints
- 188 Overseas travel
- 189 Grants to community organisations and discretionary funds
- 190 Other contents
PART 4 - FINANCIAL POLICIES
- 191 Investment policy
- 192 Debt policy
- 193 Revenue policy
PART 5 - COMMUNITY GRANTS
- 194 Grants to community organisations
- 195 Community grants policy
PART 6 - SPENDING
- 196 Entertainment and hospitality
- 197 Advertising spending
- 198 Procurement policy
PART 7 - PUBLIC ACCESS TO PARTICULAR DOCUMENTS
- 199 Public access to relevant financial and planning documents
PART 8 - LOCAL GOVERNMENT FUNDS AND ACCOUNTS
Division 1 - Trust fund
- 200 Trust fund
- 201 Transferring money to or from a trust fund
Division 2 - Discretionary funds
- 201A Purpose of division
- 201B Requirements for local government about discretionary funds
- 202 Requirements for councillors about discretionary funds—Act, s 109
- 202A Requirements for notice of allocation
PART 9 - ACCOUNTING RECORDS
- 203 Accounting records for funds generally
- 204 Financial report
- 205 Statement of estimated financial position
PART 10 - ASSET ACCOUNTING
- 206 Valuation of non-current physical assets
PART 11 - AUDITING
Division 1 - Internal audit function
Subdivision 1 - Internal auditing and reporting
- 207 Internal audit
Subdivision 2 - Audit committee
- 208 Application of sdiv 2
- 209 Prescribed class for large local government—Act, s 105
- 210 Audit committee composition
- 211 Audit committee meetings
Division 2 - External auditing
- 212 Auditing of financial statements by auditor-general
- 213 Presentation of auditor-general’s observation report
Division 3 - Controlled entities
- 213A Notices for notifiable events and governing documents
- 213B Local government to obtain copy of audited financial statements of controlled entities
PART 12 - OTHER MATTERS
- 214 Required amounts for insurances—Act, s 107
- 215 Notice of payment of notional GST
CHAPTER 6 - CONTRACTING
PART 1 - INTRODUCTION
PART 2 - STRATEGIC CONTRACTING PROCEDURES
- 217 What pt 2 is about
- 218 Power to choose strategic approach
- 219 Effect of choice
- 220 Contracting plans
- 221 Significant contracting plans
- 222 Contract manual
PART 3 - DEFAULT CONTRACTING PROCEDURES
Division 1 - Introduction
Division 2 - Entering into particular contracts
- 224 What div 2 is about
- 225 Medium-sized contractual arrangement—quotes needed first
- 226 Large-sized contractual arrangement—tenders needed first
- 227 Valuable non-current asset contract—tenders or auction needed first
- 228 Tender process
Division 3 - Exceptions for medium-sized and large-sized contractual arrangements
- 229 What div 3 is about
- 230 Exception if quote or tender consideration plan prepared
- 231 Exception for contractor on approved contractor list
- 232 Exception for register of pre-qualified suppliers
- 233 Exception for a preferred supplier arrangement
- 234 Exception for LGA arrangement
- 235 Other exceptions
Division 4 - Exceptions for valuable non-current asset contracts
- 236 Exceptions for valuable non-current asset contracts
PART 4 - PUBLISHING DETAILS OF PARTICULAR CONTRACTUAL ARRANGEMENTS
- 237 Publishing details of contractual arrangements worth $200,000 or more
PART 5 - OTHER MATTERS
- 238 Entering into a contract under a delegation
CHAPTER 7 - MONITORING AND ENFORCING LOCAL GOVERNMENT ACTS
- 239 Period prescribed for carrying out particular approved inspection programs—Act, s 134
- 239AA (Expired)
CHAPTER 8 - ADMINISTRATION
PART 1 - COUNCILLORS
Division 1A - Councillor conduct
- 239A Approval of code of conduct—Act, s 150E
- 239B Other person who may be appointed as investigator—Act, s 150BA
- 239C When summary of investigation report or investigation report must be made publicly available
Division 1 - Councillor remuneration
- 240 What div 1 is about
- 241 Establishing categories of local governments
- 242 Criteria for establishing categories
- 243 Deciding and reviewing categories to which local governments belong
- 244 Deciding maximum amounts of remuneration
245. (Repealed)
- 246 Remuneration schedule
- 247 Remuneration payable to councillors
- 248 Submission to vary remuneration in exceptional circumstances
Division 2 - Reimbursement of expenses and provision of facilities
- 249 What div 2 is about
- 250 Requirement to adopt expenses reimbursement policy or amendment
- 251 Notification of adoption of expenses reimbursement policy
- 252 Meetings about expenses reimbursement policy
Division 3 - Other matters
- 253 (Expired)
- 253A Suspension of councillor (Gold Coast City Council)—Act, s 122
- 254 Declaration of office—Act, s 169
- 254AA Councillor training—Act, s 169A
- 254AB Ordinary business matters relating to documents—Act, s 150EF
PART 2 - LOCAL GOVERNMENT MEETINGS AND COMMITTEES
Division 1A - Requirements for local government meetings generally
- 254A What this division is about
- 254B Public notice of meetings
- 254C Notice of meetings and agendas for councillors or committee members
- 254D Public availability of agendas
- 254E Procedure at meetings
- 254F Minutes
- 254G Advisory committees exempted from taking minutes
- 254H Recording of reasons for particular decisions
- 254I Meetings in public unless otherwise resolved
- 254J Closed meetings
- 254K Participating in meetings by audio link or audio visual link
Division 1 - Requirements for meetings of a local government
- 255 What this division is about
- 256 Agenda of post-election meetings
- 257 Frequency and place of meetings
258. (Repealed)
- 259 Quorum at meetings
260. (Repealed)
- 261 Adjournment of meetings
- 262 Repeal or amendment of resolutions
Division 2 - Committees and requirements for committee meetings
- 263 What this division is about
- 264 Appointment of committees
- 265 Advisory committees
- 266 Alternate members of committees
- 267 Chairperson of committee
- 268 Frequency of meetings
- 269 Quorum
270. (Repealed)
Division 3 - (Repealed)
Division 4 - (Expired)
PART 2A - COUNCILLOR ADVISORS
Division 1 - Particular matters relating to councillor advisors
- 277G Councillor advisors—Act, s 197D
Division 2 - Recommendation of remuneration commission
- 277H Matters to consider in making recommendation relating to councillor advisors
PART 3 - LOCAL GOVERNMENT EMPLOYEES
Division 1 - Disciplinary action against local government employees
- 278 What div 1 is about
- 279 When disciplinary action may be taken
- 280 Types of disciplinary action
- 281 Deductions from salary or wages
- 282 Suspension of employees
- 283 Employee to be given notice of grounds for disciplinary action
Division 2 - Portability of long service leave
- 284 What div 2 is about
- 285 Continuation of particular local government employees’ accrued rights to long service leave
- 286 Recognition of previous periods of employment for particular local government employees
- 287 Payment by former employer to new employer towards long service leave entitlements accrued with former employer
PART 4 - AUTHORISED PERSONS
- 288 Who may be appointed as authorised persons—Act, s 202
PART 5 - REGISTER OF INTERESTS
- 289 What this part is about
- 290 Who maintains registers of interests
- 291 Contents of registers of interests
- 292 Obligation of chief executive officer and senior executive employees to correct register of interests
- 293 Who may inspect a register of interests
- 294 Access to particular registers of interests
- 295 Making available particular registers of interests and extracts of those registers
- 296 Queries on contents of register of interests
- 296A Period for keeping and making available particular registers of interests
- 297 Improper disclosure of registers of interests
CHAPTER 9 - OTHER PROVISIONS
PART 1 - WAY TO HOLD A HEARING
PART 2 - SUPERANNUATION
- 300 Local government entities—Act, s 216A
301. (Repealed)
- 302 Prescribed amount of yearly contributions—Act, s 220
- 303 Prescribed amount of yearly contributions—Act, s 220A
- 304 Interest payable on outstanding contributions—Act, s 224
PART 3 - DELEGATION OF POWERS
- 305 Particulars to be contained in register of delegations—Act, s 260
PART 4 - PROCESS FOR RESOLVING ADMINISTRATIVE ACTION COMPLAINTS
- 306 Process for resolving administrative action complaints—Act, s 268
PART 5 - OTHER PROVISIONS
PART 6 - LOSS OF LOCAL GOVERNMENT ASSET
- 307A Recording and notifying loss of local government asset
CHAPTER 10 - GRANTS COMMISSION
- 308 What ch 10 is about
- 309 Recommendations
- 310 Allocation and distribution of financial assistance amount
- 311 Public may attend public hearings
CHAPTER 11 - REPEAL AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL PROVISION
PART 2 - TRANSITIONAL PROVISIONS
- 313 Definitions for pt 2
- 314 Implementation of particular local government changes
- 315 Competitive neutrality complaints started before commencement
- 316 References to QCA
PART 3 - TRANSITION FROM WBWC TO FCRC
- 317 Definitions for pt 3
- 318 Purpose of this part
- 319 Minister may declare transfer day
- 320 Successor in law
- 321 Instruments about WBWC
- 322 Novation of WBWC contracts to FCRC
- 323 Contractual rights are unaffected
- 324 Preservation of rights of employees
- 325 Transfer of WBWC assets and WBWC liabilities to FCRC
- 326 Existing delegations made to WBWC
- 327 Registration of transferred assets
- 328 Dissolution of WBWC
- 329 Definitions for ch 12
- 330 Purpose of ch 12
- 331 When omission of previous section 245 has effect
- 332 Provision about remuneration during relevant period
- 333 Remuneration schedule published under previous section 246 after 1 July 2013 of no effect
- 334 Decisions of tribunal in relation to new local governments to be established after de-amalgamations
CHAPTER 13 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT LEGISLATION AMENDMENT REGULATION (NO. 4) 2013
PART 1 - PRELIMINARY
PART 2 - PARTICULAR PROVISIONS FOR 2013–14 FINANCIAL YEAR
- 336 Application of pt 2
- 337 References to budget meeting
- 338 References to financial year
- 339 Notice to owner of categorisation
- 340 5-year corporate plans
- 341 Content of budget for period ending 30 June 2014
- 342 Adoption and amendment of budget
- 343 Annual operational plan contents
- 344 Community financial report
- 345 Requirements about discretionary funds
- 346 Statement of estimated financial position
- 347 Agenda of first meetings of new local governments
PART 3 - MISCELLANEOUS PROVISION
- 348 Reforming a significant business activity
CHAPTER 14 - TRANSITIONAL PROVISION FOR QUEENSLAND PRODUCTIVITY COMMISSION ACT 2015
- 349 Transfer of existing competitive neutrality complaints to QPC
CHAPTER 15 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT LEGISLATION AMENDMENT REGULATION (NO. 3) 2015
PART 1 - LOCAL GOVERNMENT INFORMATION FOR 2016 QUADRENNIAL ELECTIONS
- 350 Local government areas and divisions for 2016 quadrennial elections—Act, s 8(4)
PART 2 - CONTINUATION OF LOCAL GOVERNMENT AREAS AFTER 2016 QUADRENNIAL ELECTION
- 351 Temporary continuation of local government areas
- 352 Application of s 186 to annual reports for particular financial years
- 353 Application of s 186 to annual report for financial year starting 1 July 2019
- 354 Application of s 189 to annual report for financial year starting 1 July 2019
PART 1 - LOCAL GOVERNMENT AREAS AND DIVISIONS FOR 2020 QUADRENNIAL ELECTION
- 355 Local government areas and divisions for 2020 quadrennial election—Act, s 8
PART 2 - CONTINUATION OF LOCAL GOVERNMENT AREAS AND DIVISIONS AFTER 2020 QUADRENNIAL ELECTION
- 356 Temporary continuation of local government areas and divisions
- 357 Gifts and donations—sch 5, ss 12 and 14B
- 358 Definitions for chapter
- 359 Levy for 2020–2021 financial year
- 360 Selling land for overdue rates or charges
- 361 Copy of audited financial statements of controlled entities for financial year ending 30 June 2020
- 362 Existing notices about resolution to apply strategic contracting procedures
- 363 Existing invitations to tender and invitations for expressions of interest
- 364 Registers of interests of councillors
- 365 Transfer of existing competitive neutrality complaints to competition authority
- 366 References to Moreton Bay Regional Council
- 366A Definition for chapter
- 367 Particular financial documents for particular financial years
- 368 Budget for 2023–2024 financial year
PART 1 - LOCAL GOVERNMENT AREAS AND DIVISIONS FOR 2024 QUADRENNIAL ELECTION
- 369 Local government areas and divisions for 2024 quadrennial election—Act, s 8
PART 2 - CONTINUATION OF LOCAL GOVERNMENT AREAS AND DIVISIONS AFTER 2024 QUADRENNIAL ELECTION
- 370 Temporary continuation of local government areas and divisions