Local Government Act 2009 – 20 November 2015
Local Government Act 2009 – 20 November 2015
Local Government (De-amalgamation Implementation) Regulation 2013 – 5 December 2014
Local Government Regulation 2012 – 2 December 2016
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A local government is an elected body that is responsible for the good rule and local government of a part of Queensland. A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area. However, a local government can only do something that the State can validly do. When exercising a power, a local government may take account of Aboriginal tradition and Island custom. For the responsibilities of councillors and the mayor, refer to section 12 of the Act. A local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area – see section 28 of the Act. For the definition of ‘councillor’, refer to the Schedule 4 of the Act. A local government’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect.
- Sections 6, 8, 9, 11, 12, 26, 27, 28, 29, 29A, 29B, 31, 32, 262, Schedule 4; Regulations 4, 14, Schedule 1 of the Local Government Regulation 2012
All employees of a local government have the same responsibilities, including: (a) implementing the policies and priorities of the local government in a way that promotes: (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) carrying out their duties in a way that ensures the local government: (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to local governments; and (iii) achieves its corporate plan.
- Section 13
A local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.
- Section 38B
A local government must apply the code of competitive conduct to the conduct of the following business activities of the local government: (a) a building certifying activity; (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement. The process of how to make a competitive neutrality complaint is provided by regulation 45 of the Local Government Regulation 2012.
- Sections 47, 48; Regulations 31, 32, 38, 39, 42, 45, 56 of the Local Government Regulation 2012
A local government has control of all roads in its local government area. This control includes being able to: (a) survey and resurvey roads; and (b) construct, maintain and improve roads; and (c) approve the naming and numbering of private roads; and (d) name and number other roads; etc.
- Section 60
If a local government wants to acquire land in order to widen a road, the local government must give the owner of the land a notice of intention to acquire land. Note: compensation for the acquisition may be payable pursuant to section 62 of the Act.
- Sections 61, 62, 64
A local government may acquire land that adjoins a road for use as a footpath.
- Section 67
If an application is made under the Land Act for the opening or closing of a road in a local government area by someone other than the local government, THEN the Land Act Minister, or the applicant for the application, must give written notice of the application to the local government.
- Section 68
A local government must categorise the roads in its local government area according to the surface of the road. A local government must prepare and keep up-to-date: (a) a map of every road, including private roads, in its local government area; and (b) a register of the roads that shows: (i) the category of every road; and (ii) the level of every road that has a fixed level; and (iii) other particulars prescribed under a regulation.
- Sections 73, 74; Regulation 57 of the Local Government Regulation 2012
A person must not, without lawful excuse (including under another Act, for example), or the written approval of the local government: (a) carry out works on a road; or (b) interfere with a road or its operation.
- Section 75
A local government may, by written notice, require the owner of a property to connect a stormwater installation for the property to the local government’s stormwater drain in the way, under the conditions and within the time stated in the notice.
- Section 77
The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of: (a) the stormwater installation for the property; or (b) the stormwater drain of the local government.
- Section 78
A person must not put trade waste into a stormwater drain. Trade waste is waterborne waste from business, trade or manufacturing property, other than: (a) stormwater; and (b) a prohibited substance.
- Section 79
A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant.
- Section 80
A local government may establish a mall in its local government area. A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by a local government.
- Section 80A; Regulation 58 of the Local Government Regulation 2012
A local government has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in its local government area.
- Section 80B
Rates may be levied on rateable land. Rateable land is any land or building unit, in the local government area, that is not exempted from rates. Each local government: (a) must levy general rates on all rateable land within the local government area; and (b) may levy: (i) special rates and charges; and (ii) utility charges; and (iii) separate rates and charges. If the owner of rateable land owes a local government for overdue rates and charges, the overdue rates and charges are a charge on the land. Note: An owner of rateable land may object to the rating category for the land that is stated in a rate notice for the land pursuant to regulation 90 of the Local Government Regulation 2012. The only ground for objecting is that the owner considers the land should belong to a different rating category. The owner may object by giving the local government an objection notice. A local government may levy rates or charges only by a rate notice – see regulation 104. A local government may grant a ratepayer a concession for rates or charges for land – see regulations 119 and 120. The concession may only be of the following types: (a) a rebate of all or part of the rates or charges; (b) an agreement to defer payment of the rates or charges; (c) an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges – see regulation 121. A local government may decide to allow ratepayers to pay rates or charges by instalments by virtue of regulation 129. A local government may decide to allow a discount for payment of rates or charges before the end of the discount period by virtue of regulation 130. A local government may give a benefit that is not a discount as an inducement for payment of rates or charges before the due date for payment – see regulation 131. A local government may recover overdue rates or charges by bringing court proceedings for a debt against a person who is liable to pay the overdue rates or charges. A local government must keep a land record. A local government uses a land record to identify who is responsible for paying rates or charges for land – see regulations 153 and 154. The public may, on payment of the reasonable fee decided by a local government, inspect the land record kept by the local government. Inspection by the owner of the land record is free of charge – see regulation 155.
- Sections 6, 91, 92, 93, 94, 95, 96, 99, 100, 239, Schedule 4; Regulations 72, 73, 74, 77, 78, 80, 81, 88, 89, 90, 91, 94, 99, 101, 103, 104, 105, 106, 107, 108, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 140, 141, 142, 143, 144, 145, 146, 148, 149, 150, 151, 153, 154, 155 of the Local Government Regulation 2012
A local government must not, either directly or indirectly, make or guarantee a loan to an individual.
- Section 111
If the Minister reasonably believes that a decision of the local government is contrary to any law or inconsistent with the local government principles; then The Minister, by a gazette notice, may: (a) suspend the decision, for a specified period or indefinitely; or (b) revoke the decision.
- Section 121
If an authorised person wants to enter a public place to ensure that the public place complies with the Local Government Acts, THEN the authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example). In addition, an authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act. When asking the occupier for permission, the authorised person must inform the occupier: (a) of the purpose of entering the property; and (b) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (c) that the occupier is not obliged to give permission. For the definition of ‘Local Government Acts’, refer to Schedule 4 of the Act.
- Sections 6, 128, 129, Schedule 4
At all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance.
- Section 134A
At all reasonable times, a local government worker may enter a property (other than a home on the property) without the permission of the occupier of the property: (a) to investigate the future installation of local government facilities on, over or under the property; or (b) to install local government facilities on, over or under the property; or (c) to inspect, maintain, operate, repair, replace or remove local government facilities, that are on, over or under the property, for their routine operations.
- Sections 144, 145
A person is qualified to be a councillor of a local government only if the person: (a) is an adult Australian citizen; and (b) resides in the local government’s area; and (c) is enrolled on an electoral roll kept under the Electoral Act; and (d) is not disqualified from being a councillor.
- Sections 152, 153, 154, 155, 156
A councillor must not act in office until the councillor makes the declaration of office.
- Section 169; Regulation 254 of the Local Government Regulation 2012
The insider (who is or has been a councillor) must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset. For the definition of ‘inside information’, refer to subsection 171A(4) of the Act.
- Section 171A
The following persons may sign a document on behalf of a local government: (a) the head of the local government; (b) a delegate of the local government; (c) a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents.
- Sections 236, 236A
Any proceedings by a local government must be started in the name of the local government. Any proceedings against a local government must be started against the local government in its name. A document is properly served on a local government if it is given to the chief executive officer in a way that is authorised by law.
- Sections 237, 237A, 238
A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a local government is a party only because the person is, or is liable to be, a ratepayer of the local government.
- Section 245
In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law. A certified copy of a local law or consolidated version of a local law is a copy that has been certified by: (a) for a local law made by a local government – the chief executive officer to be the local law or consolidated version as made by the local government; or (b) for a local law made by a joint local government – the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government.
- Section 248
In a complaint starting proceedings, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.
- Section 253
It is not necessary for the plaintiff in any proceedings started by, for or against a local government to prove: (a) the local government’s constitution; or (b) the boundaries of the local government area; or (c) the boundaries of a division of the local government area.
- Section 254
A local government must keep premises for use as a public office. The public office must be in, or as near as practicable to, the local government area.
- Section 261
If a local government wants to establish a special entertainment precinct in its local government area, the local government must: (a) amend the local government’s planning scheme to identify the special entertainment precinct; and (b) make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.
- Section 264
The materials in the following things are the property of a local government: (a) a road constructed by or for the local government; (b) any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; (c) a floating pontoon, jetty, or wharf that is: (i) constructed by the local government; or (ii) under the control of the local government.
- Section 265
A local government must adopt a process for resolving administrative action complaints. An administrative action complaint is a complaint that: (a) is about an administrative action of a local government, including the following, for example: (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; (ii) an act, or a failure to do an act; (iii) the formulation of a proposal or intention; (iv) the making of a recommendation; and (b) is made by an affected person. A regulation may provide for the process for resolving complaints about administrative actions of the local government by affected persons. Regulation 306 of the Local Government Regulation 2012 provides the process for resolving complaints about administrative actions of a local government made by affected persons.
- Section 268; Regulation 306 of the Local Government Regulation 2012
A local government may, in the way decided by the local government, conduct a voluntary poll of the electors in its area or a part of its area on any issue of concern to the area or part.
- Section 268A
A local government may construct, maintain, manage and regulate the use of; (a) harbours for small vessels in or over tidal waters; and (b) jetties, breakwaters and ramps in or over tidal waters.
- Regulation 59 of the Local Government Regulation 2012
The local government in whose favour a public thoroughfare easement is created has control of the land, subject to the provisions of the instrument that created the easement. The local government is responsible for maintaining the land. The owner of the land is not required, and cannot be required, to maintain, or to contribute to the maintenance of, any part of the land.
- Regulation 63 of the Local Government Regulation 2012
In any court proceedings in which the liability for rates or charges is relevant, a certified extract of the land record is evidence that: (a) the valuation recorded in the extract was properly made; and (b) the information about the rates or charges recorded in the extract is correct; and (c) the person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.
- Regulation 157 of the Local Government Regulation 2012
If the owner of land changes: (a) because the land is sold; or (b) for another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State, THEN the new owner of the land must give the local government notice of the change of owner within 30 days after the change, unless the new owner has a reasonable excuse. The new owner may comply by giving the following documents to the registrar of titles: (a) a properly completed combined form for the change of owner of the land; (b) the instrument of transfer of the land. However, this act of compliance does not prevent the previous owner of the land giving the local government the notice about the change of owner for the land. If a local government does not receive a change of owner notice, the previous owner of the land continues to be liable to pay all rates or charges on the land, including interest on overdue rates or charges, if any, until: (a) the change of owner notice is given under this division; or (b) the local government otherwise records the details of the new owner in the land record.
- Regulations 161, 162, 163 of the Local Government Regulation 2012
A local government may give a grant to a community organisation only: (a) if the local government is satisfied: (i) the grant will be used for a purpose that is in the public interest; and (ii) the community organisation meets the criteria stated in the local government’s community grants policy; and (b) in a way that is consistent with the local government’s community grants policy. A local government must prepare and adopt a policy about local government grants to community organisations (a community grants policy), which includes the criteria for a community organisation to be eligible for a grant from the local government.
- Regulations 194, 195 of the Local Government Regulation 2002
A local government must, at least once in each year, publish a notice of the days and times when: (a) its ordinary meetings will be held; and (b) the ordinary meetings of its standing committees will be held. The notice must be published: (a) in a newspaper circulating generally in the local government’s area; and (b) on the local government’s website. The local government must display in a conspicuous place in its public office a notice of the days and times when: (a) its meetings will be held; and (b) meetings of its committees will be held. The local government may publish the list of items to be discussed at a meeting, including any details or documents relating to an item, on the local government’s website.
- Regulation 277 of the Local Government Regulation 2012
A register of interests of a councillor may be inspected by the public. The local government must ensure a copy of the register of interests of councillors may be inspected by the public: (a) at the local government’s public office; and (b) on its website.
- Regulations 293, 295 of the Local Government Regulation 2012
Reason for law
To provide for: (a) the way in which a local government is constituted and the nature and extent of its responsibilities and powers; and (b) a system of local government in Queensland that is accountable, effective, efficient and sustainable. (Section 3)
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