LOCAL GOVERNMENT (TRANSITIONAL) AMENDMENT REGULATION (NO. 1) 2010 No. 252 - SECT 5 5 Insertion of new pt 3 and pt 4, hdg

LOCAL GOVERNMENT (TRANSITIONAL) AMENDMENT REGULATION (NO. 1) 2010 No. 252 - SECT 5

After section 4--

insert--

'This part makes provision to facilitate the implementation of the following limited reviewable local government matters that were implemented under section 282A of the Act--

(a) a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010;

(b) a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010.

'In this part--

current local government means the local government for a relevant lot immediately after the transfer day.

former local government means the local government for a relevant lot immediately before the transfer day.

relevant lot means a lot, shown on an area map mentioned in the Local Government (Operations) Regulation 2010, schedule 1, column 3, that is transferred from the former local government to the current local government on the transfer day.

transfer day means the day this part commences.

'(1) To remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government.

'(2) In this section--

action means the performance of a function, or the exercise of a power, including the following--

(a) an application about land;

(b) the amount of rate for land on a relevant lot;

(c) a demand for payment of an amount of rate;

(d) any requirement under an Act.

'To remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government.

Example--

Any material associated with a road or bridge is an asset.

'(1) This section applies to a relevant application that had not been decided by the former local government immediately before the transfer day.

'(2) As soon as practicable after the transfer day, the former local government must pay the fee received for the relevant application to the current local government.

'(3) In this section--

relevant application means an application made--

(a) before the transfer day; and

(b) under an Act or a planning scheme; and

(c) to the former local government for a relevant lot about land in the relevant lot.

'(1) An existing planning scheme applies after the transfer day until the current local government makes or amends a planning scheme to include the relevant lot.

'(2) The existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area.

'(3) In this section--

existing planning scheme means a planning scheme for a relevant lot made by the former local government before the transfer day.

'(1) A reference in a relevant document to a former local government may, as appropriate, be taken to be a reference to the current local government.

'(2) In this section--

relevant document means a document about a relevant lot.

'(1) A former local government and a current local government must do all acts and things necessary or desirable to help in the implementation of a boundary change for a relevant lot.

'(2) Without limiting subsection (1), the former local government must give the current local government the records necessary to enable compliance with this part.