Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023


Queensland Crest

Part 1 Preliminary

1Short title

This regulation may be cited as the Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023.

2Commencement

This regulation commences on 1 July 2023.

3Regulation amended

This part amends the City of Brisbane Regulation 2012.

4Amendment of s 160 (Preparation and content of budget)

(1)Section 160(4) and (5)—
omit, insert—
(4)Subject to subsection (5), the budget must include a measure of financial sustainability for—
(a)the financial year for which the budget is being prepared; and
(b)the 9 financial years following the financial year for which the budget is being prepared.

Note—

See section 307 in relation to the budget for the 2023–2024 financial year.
(5)A measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.
(5A)The measures of financial sustainability are the following measures described in the financial management (sustainability) guideline—
(a)council controlled revenue ratio;
(b)population growth ratio;
(c)operating surplus ratio;
(d)operating cash ratio;
(e)unrestricted cash expense cover ratio;
(f)asset sustainability ratio;
(g)asset consumption ratio;
(h)asset renewal funding ratio;
(i)leverage ratio.
(2)Section 160(9)—
omit.
(3)Section 160(5A) to (8)—
renumber as section 160(6) to (9).

5Amendment of s 170 (Financial sustainability statements)

(1)Section 170(1), ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the council

(2)Section 170(2)(a) ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the council

(3)Section 170
insert—
(3)For subsections (1) and (2)(a), a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.

6Amendment of s 171 (Community financial report)

(1)Section 171(2)(c), ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the council

(2)Section 171
insert—
(3)For subsection (2)(c), a measure of financial sustainability applies to the council for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the council for the financial year.

7Insertion of new ch 10, pt 11

Chapter 10
insert—

Part 11 Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023

305Definition for part

In this part—
former, for a provision of this regulation, means the provision as in force immediately before the commencement.

306Particular financial documents for 2022–2023 financial year

(1)This section applies if, after the commencement, the council adopts its annual report for the 2022–2023 financial year and that report contains—
(a)a current-year financial sustainability statement for the 2022–2023 financial year; or
(b)a long-term financial sustainability statement for the 2022–2023 financial year; or
(c)a community financial report for the 2022–2023 financial year.
(2)Former sections 160, 170 and 171 continue to apply in relation to the annual report.

307Budget for 2023–2024 financial year

(1)This section applies if, after the commencement, the council adopts or amends its budget for the 2023–2024 financial year.
(2)Former section 160 continues to apply in relation to the budget.

8Amendment of sch 4 (Dictionary)

(1)Schedule 4, definition relevant measures of financial sustainability
omit.
(2)Schedule 4
insert—
financial management (sustainability) guideline means the document called ‘Financial Management (Sustainability) Guideline 2023’, version 1, made by the chief executive and published on the department’s website.
measures of financial sustainability, for the council for a financial year, see section 160(6).

9Regulation amended

This part amends the Local Government Regulation 2012.

10Amendment of s 169 (Preparation and content of budget)

(1)Section 169(4) and (5)—
omit, insert—
(4)Subject to subsection (5), the budget must include a measure of financial sustainability for—
(a)the financial year for which the budget is being prepared; and
(b)the 9 financial years following the financial year for which the budget is being prepared.

Note—

See section 368 in relation to the budget for the 2023–2024 financial year.
(5)A measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.
(5A)The measures of financial sustainability are the following measures described in the financial management (sustainability) guideline—
(a)council controlled revenue ratio;
(b)population growth ratio;
(c)operating surplus ratio;
(d)operating cash ratio;
(e)unrestricted cash expense cover ratio;
(f)asset sustainability ratio;
(g)asset consumption ratio;
(h)asset renewal funding ratio;
(i)leverage ratio.
(2)Section 169(9)—
omit.
(3)Section 169(5A) to (8)—
renumber as section 169(6) to (9).

11Amendment of s 178 (Financial sustainability statements)

(1)Section 178(1), ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the local government

(2)Section 178(2)(a), ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the local government

(3)Section 178
insert—
(3)For subsections (1) and (2)(a), a measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.

12Amendment of s 179 (Community financial report)

(1)Section 179(2)(c), ‘the relevant measures of financial sustainability’—
omit, insert—

each measure of financial sustainability applicable to the local government

(2)Section 179
insert—
(3)For subsection (2)(c), a measure of financial sustainability applies to the local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.

13Insertion of new ch 22

After chapter 21
insert—

Chapter 22 Transitional provisions for Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2023

366Definition for chapter

In this chapter—
former, for a provision of this regulation, means the provision as in force immediately before the commencement.

367Particular financial documents for particular financial years

(1)This section applies if, after the commencement, a local government—
(a)adopts its annual report for the 2021–2022 financial year and that report contains—
(i)a current-year financial sustainability statement for the 2021–2022 financial year; or
(ii)a long-term financial sustainability statement for the 2021–2022 financial year; or
(iii)a community financial report for the 2021–2022 financial year; or
(b)adopts its annual report for the 2022–2023 financial year and that report contains—
(i)a current-year financial sustainability statement for the 2022–2023 financial year; or
(ii)a long-term financial sustainability statement for the 2022–2023 financial year; or
(iii)a community financial report for the 2022–2023 financial year.
(2)Former sections 169, 178 and 179 continue to apply in relation to the annual report.

368Budget for 2023–2024 financial year

(1)This section applies if, after the commencement, a local government adopts or amends its budget for the 2023–2024 financial year.
(2)Former section 169 continues to apply in relation to the budget.

14Amendment of sch 1 (Prescribed information about local governments)

(1)Schedule 1, table, entry for Barcaldine, column 3, after ‘LGB 5’—
insert—

edition 2

(2)Schedule 1, table, entry for Blackall-Tambo, column 3, after ‘LGB 8’—
insert—

edition 2

(3)Schedule 1, table, entry for Central Highlands, column 3, ‘edition 2’—
omit, insert—

edition 3

(4)Schedule 1, table, entry for Charters Towers, column 3, after ‘LGB 17’—
insert—

edition 2

(5)Schedule 1, table, entry for Flinders, column 3, after ‘LGB 27’—
insert—

edition 2

(6)Schedule 1, table, entry for Isaac, column 3, ‘edition 3’—
omit, insert—

edition 4

(7)Schedule 1, table, entry for Longreach, column 3, after ‘LGB 41’—
insert—

edition 2

15Amendment of sch 3 (Implementing local government changes relating to changes of the boundaries of local government areas)

Schedule 3, part 1—
insert—

1JChange in boundaries affecting the Barcaldine Regional Council and adjoining councils

(1)All or part of a lot mentioned in column 1 of the following table, that is not in the local government area of the local government stated in column 3 of the table shown opposite the lot immediately before the commencement, is—
(a)excluded from the local government area of the local government stated in column 2 of the table shown opposite the lot; and
(b)included in the local government area of the local government stated in column 3 of the table shown opposite the lot.

Column 1

Column 2

Column 3

Lot affected

Local government area excluded from

Local government area included in

Lot 1 on RP617241

Blackall-Tambo Regional Council

Barcaldine Regional Council

Lot 10 on crown plan MX814407

Barcaldine Regional Council

Blackall-Tambo Regional Council

Lot 3 on crown plan DM2

Central Highlands Regional Council

Barcaldine Regional Council

Lot 1 on crown plan DM6

Central Highlands Regional Council

Barcaldine Regional Council

Lot 2 on crown plan DM6

Central Highlands Regional Council

Barcaldine Regional Council

Lot 4 on crown plan BE96

Central Highlands Regional Council

Barcaldine Regional Council

Lot 2 on crown plan PT353

Barcaldine Regional Council

Central Highlands Regional Council

Lot 3606 on crown plan PH507

Charters Towers Regional Council

Barcaldine Regional Council

Lot 4479 on crown plan PH1927

Barcaldine Regional Council

Charters Towers Regional Council

Lot 38 on SP291988

Barcaldine Regional Council

Flinders Shire Council

Lot 3 on crown plan DR26

Isaac Regional Council

Barcaldine Regional Council

Lot 3 on crown plan BE57

Isaac Regional Council

Barcaldine Regional Council

Lot 4 on crown plan BE57

Isaac Regional Council

Barcaldine Regional Council

Lot 5 on crown plan BE57

Isaac Regional Council

Barcaldine Regional Council

Lot 2 on SP253479

Isaac Regional Council

Barcaldine Regional Council

Lot 1 on crown plan BF51

Isaac Regional Council

Barcaldine Regional Council

Lot 681 on crown plan PH406

Isaac Regional Council

Barcaldine Regional Council

Lot 3 on crown plan DR20

Barcaldine Regional Council

Isaac Regional Council

Lot 4 on crown plan DR21

Barcaldine Regional Council

Isaac Regional Council

Lot 5110 on crown plan PH604

Barcaldine Regional Council

Isaac Regional Council

Lot 7 on crown plan BE164

Barcaldine Regional Council

Isaac Regional Council

Lot 8 on crown plan BE164

Barcaldine Regional Council

Isaac Regional Council

Lot 10 on crown plan BE164

Barcaldine Regional Council

Isaac Regional Council

Lot 2093 on crown plan PH1883

Barcaldine Regional Council

Isaac Regional Council

Lot 52 on SP112852

Longreach Regional Council

Barcaldine Regional Council

Lot 9 on crown plan RY118

Barcaldine Regional Council

Longreach Regional Council

(2)The local government changes mentioned in subsection (1) take effect on the commencement.

Note—

A copy of the change commission’s report titled ‘External boundary review—2022 final determination—Barcaldine Regional Council, Blackall-Tambo Regional Council, Central Highlands Regional Council, Charters Towers Regional Council, Flinders Shire Council, Isaac Regional Council and Longreach Regional Council’ can be viewed on the website of the electoral commission.

16Amendment of sch 8 (Dictionary)

(1)Schedule 8, definition relevant measures of financial sustainability
omit.
(2)Schedule 8
insert—
financial management (sustainability) guideline means the document called ‘Financial Management (Sustainability) Guideline 2023’, version 1, made by the chief executive and published on the department’s website.
measures of financial sustainability, for a local government for a financial year, see section 169(6).