LOCAL GOVERNMENT REGULATION 2012 NO. 236

Table of Provisions

CHAPTER 1--PRELIMINARY

• 1 Short title
• 2 Definitions

CHAPTER 2--LOCAL GOVERNMENTS

• 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

CHAPTER 3--THE BUSINESS OF LOCAL GOVERNMENTS

• 14 Local law register—Act, s 31
15. Anti-competitive provisions
• 16 Procedures for the review of anti-competitive provisions—Act, s 38
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(4)(b)
20. Identifying significant business activity for report—Act, s 45 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(4)(b)
39. Prescribed business activities—Act, s 47(7) 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 QCA must investigate and report on complaint
• 47 QCA requiring further information
• 48 QCA refusing to investigate
• 49 Notice of intention to investigate
• 50 Investigation by QCA
• 51 Matters QCA must consider when investigating
• 52 QCA's report on investigation
• 53 Public access to report
• 54 Information to persons given an investigation notice
• 55 Local government response to QCA's report
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 How levy is to be applied
• 70 Expiry

CHAPTER 4--RATES AND CHARGES

• 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 written 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
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
• 117 Rates or charges may be levied or adjusted after end of financial year
• 118 When rates or charges must be paid
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 be started
• 142 Procedures for selling land
• 143 Conduct of auction
• 144 Procedures after sale of land to local government
• 145 Procedures after sale of land other than to local government
• 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

• 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 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 Expenditure on grants to community organisations
• 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
• 202 Requirements about discretionary funds—Act, s 109
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
Part 12--Other matters
• 214 Required amounts for insurances—Act, s 107
215. Notice of payment of notional GST

CHAPTER 6--CONTRACTING

• 216 What ch 6 is about
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
• 223 What pt 3 is about
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 contracts
• 237 Publishing details of contracts worth $200000 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

CHAPTER 8--ADMINISTRATION

• 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 remuneration
• 245 Varying remuneration
• 246 Remuneration schedule
• 247 Remuneration payable to councillor
• 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 Prescribed integrity offence—Act, s 153
254. Declaration of office—Act, s 169 Part 2--Local government meetings and committees Division 1--Local government meetings
• 255 What div 1 is about
• 256 Agenda of post-election meetings
• 257 Frequency and place of meetings
• 258 Notice of meetings
• 259 Quorum at meetings
• 260 Procedure at meetings
• 261 Adjournment of meetings
• 262 Repeal or amendment of resolutions
Division 2--Local government committees
• 263 What div 2 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 Procedure at meetings
Division 3--Common provisions for local government and committee meetings
• 271 What div 3 is about
• 272 Minutes
• 273 Recording of reasons for particular decisions
• 274 Meetings in public unless otherwise resolved
• 275 Closed meetings
• 276 Teleconferencing
• 277 Public notice of meetings
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 pt 5 is about
• 290 Who maintains registers of interests
• 291 Contents of registers of interests
• 292 Obligation to notify if interest in register no longer correct
• 293 Who may inspect a register of interests
• 294 Access to particular registers of interests
• 295 Publication of register of interests of councillors
• 296 Queries on contents of register of interests
• 297 Improper disclosure of registers of interests

CHAPTER 9--OTHER PROVISIONS

• 298 Procedural rules for hearings—Act, s 213
299. Witness fees—Act, s 214 Part 2--Superannuation
• 300 Local government entities—Act, s 216A
301. Persons eligible for membership of the scheme—Act, s 218 302. 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
• 307 LGAQ Ltd.—Act, s 287

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

• 312 Repeal
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
SCHEDULE 1 -- PRESCRIBED INFORMATION ABOUT LOCAL GOVERNMENTS SCHEDULE 2 -- ABORIGINAL SHIRE COUNCILS SCHEDULE 3 -- PRICING PROVISIONS
• 1 Definition for sch 3
• 2 Required revenue for deciding charges
• 3 Different charges for commercial reasons
• 4 Total costs of conducting relevant activity
• 5 Allocation of administrative and overhead costs
• 6 Cost of resources used in conducting activity
• 7 Depreciation
• 8 Equivalent amounts for taxes local government is not liable to pay
• 9 Guarantees by State
• 10 Return on capital
SCHEDULE 4 -- FINANCIAL AND NON-FINANCIAL PARTICULARS FOR REGISTERS OF INTERESTS
• 1 Definitions for sch 4
• 2 Shareholding or controlling interest in corporation
• 3 Officer of corporation
• 4 Beneficial interest in trust or nominee corporation
• 5 Self managed superannuation fund
• 6 Trustee for trust
• 7 Partnership and joint venture
• 8 Land
• 9 Liability
• 10 Debentures and similar investments
• 11 Savings and investment accounts
• 12 Gifts totalling more than $500
• 13 Sponsored hospitality benefit
• 14 Membership of political party, body or association, or trade or professional organisation
• 15 Other assets with value of more than $5000
• 16 Other sources of income of more than $500 a year
• 17 Other financial or non-financial interests
SCHEDULE 5 -- PRESCRIBED LOCAL GOVERNMENT ENTITIES SCHEDULE 6 -- PRESCRIBED MEMBERS OF LG SUPER SCHEME SCHEDULE 7 -- DICTIONARY