Table Of Contents

Local Government (Bundaberg and Burnett) Regulation 1993

Queensland Crest
LOCAL GOVERNMENT (BUNDABERG AND BURNETT) REGULATION 1993
Queensland Local Government Act 1993 LOCAL GOVERNMENT (BUNDABERG AND BURNETT) REGULATION 1993 Reprinted as in force on 7 July 1999 (includes amendments up to SL No. 118 of 1999) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 7 July 1999. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint.
Queensland LOCAL GOVERNMENT (BUNDABERG AND BURNETT) REGULATION 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 References in new Act adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS 7 Shire of Burnett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 City of Bundaberg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Composition of Burnett Shire Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 New area to have 7 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Composition of Bundaberg City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Expanded area to have 10 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 3—IMPLEMENTATION PROVISIONS FOR SHIRE OF BURNETT Division 1—Fresh election 13 Cancellation of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Direction for fresh elections for new area . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Appointment and role of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Minister may give directions about fresh elections . . . . . . . . . . . . . . . . . . . 15 17 Qualification for office of mayor or councillor . . . . . . . . . . . . . . . . . . . . . . . 15 18 Cost of fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Local Government (Bundaberg and Burnett) Regulation 1993 19 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2—Role of new local government 20 New local government as successor of merging local governments . . . . . . 16 21 New local government to take over existing functions and powers . . . . . . . 16 22 Delegations by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22A Remuneration of councillors of new local government . . . . . . . . . . . . . . . . 17 Division 3—Local laws and other instruments 23 Local laws for the new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Limited application of continuing local laws . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Existing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 4—Financial matters 26 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 New local government may levy rates made or imposed by merging council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Application of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 5—Planning schemes and related matters 30 Continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 31 New local government responsible for continuing planning schemes . . . . . 22 Division 6—Interim chief executive officer 32 Appointment of interim chief executive officer . . . . . . . . . . . . . . . . . . . . . . 22 33 Role of interim chief executive officer before changeover day . . . . . . . . . . 23 35 Organisational structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 36 Role of the interim chief executive officer after the changeover day . . . . . 24 37 Costs incurred by interim chief executive officer . . . . . . . . . . . . . . . . . . . . . 24 Division 7—Burnett Transitional Committee 38 Burnett Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 Appointment of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 25 40 Voting powers of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 8—Decision-making by Committee 41 Meaning of “decision” in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Local Government (Bundaberg and Burnett) Regulation 1993 43 Merging local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . 26 44 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 45 Interim chief executive officer to comply with directions . . . . . . . . . . . . . . 26 Division 9—Staff 46 Meaning of “continuing officer” in Division . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 49 Rationalisation of staff because of change . . . . . . . . . . . . . . . . . . . . . . . . . . 27 50 Process for retrenchment of continuing officer . . . . . . . . . . . . . . . . . . . . . . . 28 51 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Payments to continuing officer who is retrenched or voluntarily retires . . . 29 Division 10—General 53 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 55 Reference in documents to merging local government . . . . . . . . . . . . . . . . 31 56 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 4—IMPLEMENTATION PROVISIONS FOR CITY OF BUNDABERG Division 1—Fresh elections 58 Cancellation of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 59 Direction for fresh elections for expanded area . . . . . . . . . . . . . . . . . . . . . . . 32 60 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 61 Qualification for office of mayor or councillor . . . . . . . . . . . . . . . . . . . . . . . 32 62 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 2—Role of expanded local government 63 Expanded local government to take over certain functions and powers . . . 33 64 Application of Bundaberg City Council’s local laws to expanded area . . . 33 Division 3—Instruments 65 Existing instruments to continue in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 4—Financial matters 66 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4 Local Government (Bundaberg and Burnett) Regulation 1993 67 Expanded local government may levy rates made or imposed by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 68 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5—Planning schemes and related matters 69 Existing planning schemes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 70 Decisions of merging local government taken to be decisions of expanded local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 71 Outstanding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 72 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 6—Staff 73 Meaning of “continuing officer” in Division . . . . . . . . . . . . . . . . . . . . . . . . . 38 75 Rationalisation of staff because of change . . . . . . . . . . . . . . . . . . . . . . . . . . 38 76 Process for retrenchment of continuing officer . . . . . . . . . . . . . . . . . . . . . . . 39 77 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 78 Payments to continuing officers who are retrenched or voluntarily retire . . 40 Division 7—General 79 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 80 Roads and bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 81 Reference in documents to merging local government . . . . . . . . . . . . . . . . 41 82 Record of vesting of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 83 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 84 Duty to facilitate change in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 5—JOINT ARRANGEMENTS Division 1—Joint Transitional Committee 85 Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 86 Mayor of Bundaberg is chairperson of Committee . . . . . . . . . . . . . . . . . . . . 44 87 Voting powers of chairperson of Committee . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2—Decision-making by Committee 88 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 89 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 90 Local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 91 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5 Local Government (Bundaberg and Burnett) Regulation 1993 92 Effect of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 3—Joint arrangements after changeover day 93 Report about joint arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 6—EXPIRY OF REGULATION 94 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 47 LOCAL LAWS FOR THE NEW AREA ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 52 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
s1 7 s2 Local Government (Bundaberg and Burnett) Regulation 1993 LOCAL GOVERNMENT (BUNDABERG AND BURNETT) REGULATION 1993 [as amended by all amendments that commenced on or before 7 July 1999] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Local Government (Bundaberg and Burnett) Regulation 1993 . ˙ Commencement 2.(1) The following provisions commence on the notification of this regulation in the Gazette— • Part 1 (Preliminary) • Part 3 (Implementation provisions for Shire of Burnett) • Division 1 (Fresh election) • Division 6 (Interim chief executive officer) • Division 7 (Burnett Transitional Committee) • Division 8 (Decision-making by Committee) • Division 9 (Staff) • section 48 (Officer may only be dismissed for misconduct or neglect) • Part 4 (Implementation provisions for City of Bundaberg) • Division 1 (Fresh election) • Division 6 (Staff) • section 74 (Officer may only be dismissed for misconduct or neglect)
s3 8 s4 Local Government (Bundaberg and Burnett) Regulation 1993 • Part 5 (Joint arrangements) • Division 1 (Joint Transitional Committee) • Division 2 (Decision-making by Committee). (2) The remaining provisions commence on changeover day. ˙ Purposes 3.(1) The purposes of this regulation are— (a) to implement the reviewable local government matters recommended by the Commissioner in the report; and (b) to facilitate the implementation of the reviewable local government matters. (2) This regulation implements the reviewable local government matters involving— (a) the abolition of the areas of the Shire of Gooburrum and Shire of Woongarra; and (b) the creation of a new area named the Shire of Burnett consisting of the Shire of Gooburrum and Shire of Woongarra; and (c) changing the external boundaries of the proposed Shire of Burnett by excluding a part of the proposed Shire and including the part in the City of Bundaberg. ˙ Definitions 4. In this regulation— “budget” , of a merging local government, means the budget adopted by the merging local government for the 1993/94 financial year. “Burnett Transitional Committee” means the committee established under section 38 (Burnett Transitional Committee). “changeover day” means the day on which the last declaration notice for the fresh elections for the expanded area and the new area is published in a newspaper.
s4 9 s4 Local Government (Bundaberg and Burnett) Regulation 1993 “continuing local law” means a local law mentioned in section 23 (Local laws for the new area). “continuing planning scheme” means a planning scheme mentioned in section 30(1) (Continuing planning schemes). “declaration notice” means a notice under section 316 1 (Declaration of poll) of the Local Government Act 1993 . “dismissal” of an employee includes terminating the employee’s employment. “employee” of a merging local government means a person who, immediately before the changeover day, is employed by the merging local government in any capacity. “existing planning scheme” , for the relevant area, means the planning scheme in force for the whole or a part of the area immediately before the changeover day. “expanded area” means the local government area of the City of Bundaberg before the changeover day and the relevant area. “expanded local government” means the local government for the expanded area on and after changeover day. “interim chief executive officer” means the person appointed under section 32 (Appointment of interim chief executive officer). “merging area” means— (a) before the changeover day—the area of the Shire of Gooburrum, or the area of the Shire of Woongarra, other than the relevant area; and (b) on and after the changeover day—the area that previously formed the area of the Shire of Gooburrum, or the area of the Shire of Woongarra, other than the relevant area. “merging local government” means— (a) the Council of the Shire of Gooburrum; or (b) the Council of the Shire of Woongarra. 1 Section 316 now 371 (Declaration of poll) of the Act
s 4 10 s 4 Local Government (Bundaberg and Burnett) Regulation 1993 “new area” means— (a) before the changeover day—the proposed area of the Shire of Burnett (other than the relevant area); or (b) on and after changeover day—the area of the Shire of Burnett. “new local government” means the local government for the new area on and after changeover day. “officer” of a local government means an employee of the local government other than— (a) an employee who has been engaged on a temporary basis for less than 1 year; or (b) an employee engaged on a casual basis; or (c) a person engaged on a contract basis (unless the person has been appointed to a position) including, for example, a contract to supervise or undertake a specific capital works project, a research project or another specific consultancy, project or task. “Planning Act” means the Local Government (Planning and Environment) Act 1990 . “planning scheme” includes town planning by-laws and subdivision of land by-laws continued in force under section 8.10 (Savings and transitional) of the Planning Act. “rate” means a rate or charge levied or imposed under the Act by a local government on land in the local government’s area, and includes any interest accrued, or premium owing, on the rate or charge.
s 5 11 s 6 Local Government (Bundaberg and Burnett) Regulation 1993 “relevant area” means the relevant area on map no. LGR 1, held by the department. 2 “report” means the report of the Commissioner tabled in the Legislative Assembly on 30 November 1993 about the Commissioner’s review of the external boundaries of the City of Bundaberg and the Shires of Gooburrum and Woongarra and part of the external boundary of the Shire of Isis. 3 “salary” includes wage. “service” of an officer has the meaning given by section 27.1.4 of the report. ˙ Gazettal of changeover day 5. As soon as practicable after changeover day, the Minister must, by Gazette notice, advise the changeover day. ˙ References in new Act adopted 6. The references taking effect under section 771(1) (References to local 2 The map may be inspected at the offices of the Department of Communication and Information, Local Government and Planning at 111 George Street, Brisbane. A copy may also be inspected at the following places— (a) before changeover day— (i) the public office of the Bundaberg City Council at 190 Bourbong Street, Bundaberg; (ii) the public office of the Gooburrum Shire Council at 186 Bourbong Street, Bundaberg; (iii) the public office of the Woongarra Shire Council at 9 Barolin Street, Bundaberg; (b) after the changeover day— (i) the public office of the Bundaberg City Council at 190 Bourbong Street, Bundaberg; (ii) the public office of the Burnett Shire Council. 3 The Commissioner’s report may be inspected at the office of the Department of Communication and Information, Local Government and Planning at 111 George Street, Brisbane.
s 7 12 s 8 Local Government (Bundaberg and Burnett) Regulation 1993 government etc. for purposes of 1994 triennial elections) of the Local Government Act 1993 also take effect for all purposes of this regulation. † PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS ˙ Shire of Burnett 7.(1) The areas of the Shires of Gooburrum and Woongarra are abolished. 4 (2) A new area is created from the abolished areas. (3) The external boundaries of the new area are changed by excluding the relevant area. (4) The new area is a Shire. (5) The name of the new area with the external boundaries as changed is Burnett. (6) The area shown delineated on map no. LGB 59 edition 1, held by the department, is the Shire of Burnett. 5 ˙ City of Bundaberg 8.(1) The relevant area is included in the City of Bundaberg. 4 The boundaries of these areas are shown on plans bearing catalogue numbers SC 291 and SC 240 respectively. Copies of these plans may be inspected at the offices of the Department of Communication and Information, Local Government and Planning at 111 George Street, Brisbane. 5 The map or a copy may be inspected at the offices mentioned in footnote 1.
s 9 13 s 11 Local Government (Bundaberg and Burnett) Regulation 1993 (2) Map no. LGB 23 edition 1, held by the department, shows the City of Bundaberg with the relevant areas included. 6 ˙ Composition of Burnett Shire Council 9. The local government for the Shire of Burnett consists of a mayor and 10 other councillors. ˙ New area to have 7 divisions 10.(1) The Shire of Burnett is divided into 7 divisions in accordance with map no. LGB 59 edition 1, held by the department. 7 (2) The assignment of councillors to the divisions is as follows— • Division 1—1 councillor • Division 2—2 councillors • Division 3—1 councillor • Division 4—1 councillor • Division 5—1 councillor • Division 6—2 councillors • Division 7—2 councillors. ˙ Composition of Bundaberg City Council 11. The local government for the City of Bundaberg consists of a mayor and 10 other councillors. 6 The map may be inspected at the office of the Department of Communication and Information, Local Government and Planning at 111 George Street, Brisbane, and a copy may be inspected at the public office of the Bundaberg City Council at 190 Bourbong Street, Bundaberg. 7 The map or a copy may be inspected at the offices mentioned in footnote 1.
s 12 14 s 14 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Expanded area to have 10 divisions 12.(1) The City of Bundaberg is divided into 10 divisions in accordance with map no. LGB 23 edition 1, held by the department. 8 (2) One councillor is assigned to each division. † PART 3—IMPLEMENTATION PROVISIONS FOR SHIRE OF BURNETT † Division 1—Fresh election ˙ Cancellation of 1994 triennial elections 13. The 1994 triennial elections for the merging local governments are cancelled. ˙ Direction for fresh elections for new area 14.(1) Fresh elections are to be held for the local government for the new area. (2) The fresh elections must be held on the day on which the 1994 triennial elections are to be held. (3) The voters roll for the elections closes on 31 January 1994. 8 The map or a copy may be inspected at the offices mentioned in footnote 1.
s 15 15 s 17 Local Government (Bundaberg and Burnett) Regulation 1993 (4) The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the local government for the new area. 9 ˙ Appointment and role of returning officer 15.(1) The Minister may appoint a person as the returning officer for the fresh elections. (2) If the Burnett Transitional Committee nominates a person by 7 January 1994, the Minister must appoint the person nominated. (3) The Minister must, by Gazette notice, notify the appointment of the returning officer. (4) The returning officer must conduct the fresh elections. ˙ Minister may give directions about fresh elections 16. The Minister may give written directions to the returning officer about the fresh elections, including, for example, matters about which a local government may instruct a returning officer. Example— An instruction about the printing of the ballot paper for the mayor and the ballot papers for the councillors for each division. ˙ Qualification for office of mayor or councillor 17. For the purposes of the qualifications of the mayor and other councillors, a person who lives in a merging area is taken to live in the new area. 9 Section 765(2) (Regulation about a reviewable local government matter) (which expired on 26 March 1995) of the Act provided as follows— ‘ (2) If the regulation directs that a fresh election be held for the implementation of a reviewable local government matter, the election must be held under Chapter 5 (Local government elections) with all necessary changes and any change prescribed by the regulation as if the election were a tribunal election.’
s 18 16 s 21 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Cost of fresh elections 18.(1) The merging local governments must pay for the cost of conducting the fresh elections. (2) An amount required for the cost may, without a resolution of a merging local government, be spent by a merging local government whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the returning officer has presented an account to the merging local government’s chief executive officer. ˙ Term of office as councillor 19. The term of office of a person elected as the mayor or other councillor at the fresh elections— (a) begins on the changeover day; and (b) continues until the next triennial elections. 10 † Division 2—Role of new local government ˙ New local government as successor of merging local governments 20.(1) The new local government is the successor of the merging local governments. (2) The other provisions of this Part do not limit subsection (1). (3) However, subsection (1) applies subject to the provisions of this regulation about the relevant area. ˙ New local government to take over existing functions and powers 21.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and 10 See section 175(3)(b) now 227(3)(b) (Duration of membership) of the Act.
s 22 17 s 22A Local Government (Bundaberg and Burnett) Regulation 1993 (b) a merging local government started to perform the function or exercise the power for the new area before the changeover day but did not finish performing the function or exercising the power. (2) The new local government may continue to perform the function or exercise the power. Example 1— If, under the Planning Act, a merging local government started the procedures to prepare a new planning scheme, the new local government may complete the procedures. Example 2— If a person made an application to a merging local government under an Act, the new local government may deal with it. ˙ Delegations by merging local government 22. If a merging local government had, before the changeover day, delegated the exercise of a power to a person who is an employee of the new local government, the new local government is taken to have delegated the power to the person. ˙ Remuneration of councillors of new local government 22A.(1) In this section— “remuneration resolution” means a resolution authorising the payment or provision of remuneration to councillors of a local government. (2) The remuneration resolution of the Woongarra Shire Council that is in force immediately before the changeover day continues in force as a resolution of the new local government, even though it may not comply with section 185(2) to (4) 11 (Remuneration for service on local government and advisory committees) of the Local Government Act 1993 , until the earlier of— (a) 26 September 1994; or 11 Section 185 now 237 (Remuneration for service on local government and advisory committees) of the Act
s 23 18 s 24 Local Government (Bundaberg and Burnett) Regulation 1993 (b) the day a remuneration resolution, passed by the new local government under section 185 12 of the Local Government Act 1993 , takes effect. † Division 3—Local laws and other instruments ˙ Local laws for the new area 23.(1) This section applies to a local law mentioned in the Schedule as in force immediately before the changeover day. (2) The local law continues in force as a local law of the new local government until— (a) it is repealed by the new local government; or (b) it is applied to the new area under section 24(3) (Limited application of continuing local laws); or (c) if paragraphs (a) and (b) do not apply—1 July 1999. (3) The new local government may, under the Local Government Act 1993 , amend a continuing local law while it continues in force under subsection (2). (4) A continuing local law is to be read with the changes necessary to make it consistent with, and adapt its operation to, this regulation. ˙ Limited application of continuing local laws 24.(1) A continuing local law continues in force only for the part of the new area to which it applied immediately before the changeover day. (2) However, Chapter 3 (Meetings and business of council, committee and officers) of the Shire of Woongarra By-laws applies to the new local government. 12 Section 185 now 237 (Remuneration for service on local government and advisory committees) of the Act
s 25 19 s 25 Local Government (Bundaberg and Burnett) Regulation 1993 (3) The new local government may, by local law, apply a continuing local law to the whole of the new area, with or without changes. ˙ Existing instruments 25.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act) that— (a) was made by a merging local government under an Act or a local law before the changeover day about— (i) a resident in a merging area; or (ii) an owner of land in a merging area; or (iii) land in a merging area; or (iv) a person’s entitlement to carry out an activity in a merging area; and (b) is in force immediately before the changeover day. (2) The instrument continues in force until it would have otherwise ended under the Act or the local law. (3) However, subsection (2) does not stop the new local government from amending or repealing the instrument under the Act or a local law (whether a continuing local law or a local law made by the new local government). (4) If the instrument authorised a person to perform an activity, it is taken to authorise the activity for the part of the new area to which it applied immediately before the changeover day and not the whole of the new area.
s 26 20 s 28 Local Government (Bundaberg and Burnett) Regulation 1993 † Division 4—Financial matters ˙ Vesting of assets and liabilities 26. All assets and liabilities of each merging local government become assets and liabilities of the new local government. 13 ˙ New local government may levy rates made or imposed by merging council 27.(1) This section applies if, immediately before the changeover day, a merging local government— (a) had made or imposed a rate for land in a merging area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The new local government may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that the merging local government could have given the notice or demanded payment. (3) The new local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 28.(1) This section applies if— (a) before the changeover day, a merging local government had made and levied, or imposed and levied, a rate about land in a merging area on a person; and (b) immediately before the changeover day, the rate had not been paid. (2) If the time for payment of the rate had not ended before the changeover day— 13 The assets of the expanded and new local governments are to be adjusted under part 4.
s 29 21 s 30 Local Government (Bundaberg and Burnett) Regulation 1993 (a) the time continues to run as if the merging local government had not been abolished; and (b) the amount of the rate is payable by the person to the new local government. (3) If the time for payment of the rate had ended before the changeover day, the rate becomes payable by the person to the new local government. (4) The new local government— (a) is taken to have made and levied, or imposed and levied, the rate; and (b) may receive payment of, or recover, the amount of the rate. ˙ Application of budgets 29.(1) The new local government is taken to have adopted the budget of each merging local government. (2) The new local government may disburse an amount for a matter in relation to a merging area only if— (a) the amount for the matter is provided for in the budget of the relevant merging local government; or (b) the new local government resolves that the disbursement is necessary because of a genuine emergency or hardship (including a disbursement arising because of the creation of the new area). (3) Subsection (2) is subject to sections 18 (Cost of fresh elections) and 37 (Costs incurred by interim chief executive officer). † Division 5—Planning schemes and related matters ˙ Continuing planning schemes 30.(1) This section applies to a planning scheme of a merging local government in force for a merging area immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the
s 31 22 s 32 Local Government (Bundaberg and Burnett) Regulation 1993 new local government until it is replaced (in whole or part) under the Planning Act. (3) The new local government may, under the Planning Act, amend the continuing planning scheme while it continues in force under subsection (2). (4) An instrument in force under the continuing planning scheme, immediately before the changeover day, continues in force until whichever of the following first happens— (a) it expires or is repealed under the continuing planning scheme; (b) the scheme is replaced in whole or relevant part. Examples of instruments that may continue under this section— Applications, approvals and consents. ˙ New local government responsible for continuing planning schemes 31. The new local government must implement, administer and enforce, and is bound by, each continuing planning scheme under the Planning Act. † Division 6—Interim chief executive officer ˙ Appointment of interim chief executive officer 32.(1) The Minister must appoint a person to be the interim chief executive officer for the new area. (2) If the Burnett Transitional Committee nominates a person by 7 January 1994, the Minister must appoint the person. (3) The Minister must, by Gazette notice, notify the appointment of the interim chief executive officer. (4) The appointment continues until the new local government revokes it.
s 33 23 s 35 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Role of interim chief executive officer before changeover day 33.(1) Before the changeover day, the interim chief executive officer is responsible for making the administrative arrangements necessary for the new local government. (2) Without limiting subsection (1), the interim chief executive officer may establish departments for the new local government and appoint interim departmental heads of the departments. (3) However, the interim chief executive officer may appoint an interim departmental head only if the Burnett Transitional Committee directs the appointment. (4) The appointment continues until the new local government revokes it. (5) Subsection (1) is subject to section 45 (Interim chief executive officer to comply with directions). ˙ Organisational structure 35.(1) Unless the Burnett Transitional Committee otherwise directs, the interim chief executive officer must make the administrative arrangements necessary for the creation of the following 4 departments of the new local government— • Corporate Services Department • Engineering Department • Planning and Development Department • Public Services Department. (2) However, as soon as practicable after the changeover day, the new local government must— (a) adopt the structure mentioned in subsection (1) and establish staffing arrangements for the structure; or (b) establish another structure, and staffing arrangements for the structure.
s 36 24 s 38 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Role of the interim chief executive officer after the changeover day 36. On and after the changeover day, the interim chief executive officer acts as the chief executive officer of the new local government until the officer’s appointment is revoked under section 32(4) (Appointment of interim chief executive officer). ˙ Costs incurred by interim chief executive officer 37.(1) The merging local governments must pay for the cost of any administrative arrangements incurred by the interim chief executive officer before the changeover day. (2) An amount required for the cost may, without a resolution of a merging local government, be spent by it whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the interim chief executive officer has presented an account to the merging local government’s chief executive officer. † Division 7—Burnett Transitional Committee ˙ Burnett Transitional Committee 38.(1) The Burnett Transitional Committee is established. (2) The Committee consists of— (a) 6 councillors from the Shire of Gooburrum; and (b) 6 councillors from the Shire of Woongarra. (3) The Committee’s function is to give directions to the interim chief executive officer about— (a) administrative arrangements for the new local government; and (b) the establishment of departments and the appointment of departmental heads of the departments. (4) The Committee may also nominate a person for appointment under
s 39 25 s 41 Local Government (Bundaberg and Burnett) Regulation 1993 section 15 (Appointment and role of returning officer) or section 32 (Appointment of interim chief executive officer). (5) The Committee may conduct its meetings in the way it considers appropriate. (6) Committee meetings are to be held at the times and places the Committee decides. (7) The mayor of the Shire of Woongarra must call the first meeting of the Committee. (8) Six members, of whom 1 must be the chairperson, form a quorum. (9) The Committee ends on the changeover day. ˙ Appointment of chairperson of Committee 39.(1) At the first meeting of the Committee, the members must elect a chairperson of the Committee. (2) If no decision is reached by the members present and voting, the chairperson of the Shire of Woongarra is the chairperson of the Committee. ˙ Voting powers of chairperson of Committee 40. The chairperson of the Committee has a deliberative vote and casting vote in all decisions of the Committee. † Division 8—Decision-making by Committee ˙ Meaning of “decision” in Division 41. In this Division— “decision” of the Committee means a resolution of the Committee to give a direction to the interim chief executive officer.
s 42 26 s 45 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Decisions to be notified 42. After making a decision, the Committee must immediately give written notice to the chief executive officer of each of the merging local governments. ˙ Merging local governments may oppose decisions 43.(1) Within 7 days after the Committee makes a decision, a merging local government may give written notice to the interim chief executive officer that it opposes the decision. (2) The interim chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 44.(1) If the Minister is notified under section 43 (Merging local governments may oppose decisions) that a merging local government opposes a decision, the Minister may— (a) confirm the decision; or (b) revoke the decision; or (c) give a different direction to the interim chief executive officer than the direction decided by the Committee. (2) Without limiting the Minister’s powers under subsection (1), the Minister may revoke a decision if the Minister believes the relevant issue would best be decided by the new local government after the changeover day. ˙ Interim chief executive officer to comply with directions 45.(1) The interim chief executive officer must comply with a direction from the Committee unless— (a) a merging local government notifies the interim chief executive officer that it opposes the decision to give the direction under section 43 (Merging local governments may oppose decisions); and
s 46 27 s 49 Local Government (Bundaberg and Burnett) Regulation 1993 (b) the Minister does not confirm the decision under section 44(1)(a) (Adjudication by Minister). (2) The interim chief executive officer must also comply with a direction given by the Minister under section 44(1)(c). † Division 9—Staff ˙ Meaning of “continuing officer” in Division 46. In this Division— “continuing officer” means a person who, under this Division, becomes and continues to be an officer of the new local government. ˙ Existing staff 47.(1) A person who, immediately before the changeover day, was an employee of a merging local government becomes an employee of the new local government unless, under arrangements made before changeover day, the employee becomes, on changeover day, an employee of the expanded local government. (2) The employee remains entitled to all existing and accruing rights of employment. (3) If an employee was suspended by a merging local government before the changeover day, the suspension continues and must be dealt with by the new local government. ˙ Rationalisation of staff because of change 49.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing officer; or (b) the declaration of a continuing officer or a continuing officer’s position as redundant; or
s 50 28 s 50 Local Government (Bundaberg and Burnett) Regulation 1993 (c) a redeployment of a continuing officer; or (d) a retrenchment of a continuing officer. (2) If, within 2 years after the changeover day, the new local government starts to take a rationalisation action because of the abolition of a merging area and the creation of the new area, the new local government must comply with the process set out in this Division and, subject to this Division, the Guidelines and Parameters for the Rationalisation of Staff as set out in section 27.1 of the report. ˙ Process for retrenchment of continuing officer 50.(1) For the purposes of section 49 (Rationalisation of staff because of change), the process to be used in retrenching a continuing officer is set out in this section. (2) The new local government must— (a) try to redeploy or appoint the officer to a suitable position; or (b) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable. (3) After the new local government has complied with subsection (2), it must try to arrange with the expanded local government for the expanded local government to make an offer of employment to the officer on conditions that are no less favourable to the officer than the conditions under which the officer is then currently employed. (4) If the officer is not offered a position by the expanded local government of the kind mentioned in subsection (3), the new local government must give a written offer of voluntary early retirement to the officer. (5) If the offer of voluntary early retirement— (a) is rejected, by notice signed by the officer; or (b) is not accepted, by notice signed by the officer, within 2 months after the offer is given to the officer; the new local government may retrench the officer. (6) If an officer is offered a position by the expanded local government
s 51 29 s 52 Local Government (Bundaberg and Burnett) Regulation 1993 of the kind mentioned in subsection (3) and the officer does not accept the offer within the time allowed by the expanded local government, the new local government may retrench the officer. (7) An officer who may be retrenched under subsection (6) is not entitled to be paid amounts under section 52 (Payments to continuing officer who is retrenched or voluntarily retires). ˙ Salary maintenance 51.(1) This section applies if— (a) a continuing officer is redeployed, in accordance with this Division, to a position in the new local government (the “new position” ); and (b) the salary for the new position is less than the salary to which the continuing officer was entitled for the permanent position the officer held in the merging local government (the “former position” ). (2) The officer must be paid an allowance that is enough to maintain the officer’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until whichever of the following first happens— (a) the person stops being an officer of the new local government; (b) the person is appointed to a position in the new local government and the salary for the position is equal to, or more than, the salary for the former position; (c) the end of 1 year after the officer’s appointment to the new position. ˙ Payments to continuing officer who is retrenched or voluntarily retires 52.(1) This section applies to a continuing officer who is retrenched or voluntarily retires in accordance with this Division. (2) The officer is entitled to a payment equal to the officer’s salary for
s 53 30 s 54 Local Government (Bundaberg and Burnett) Regulation 1993 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the officer— (a) must receive an amount equal to the officer’s salary for 4 weeks; but (b) must not receive an amount more than the officer’s salary for 52 weeks. (4) If the officer accepts an offer to voluntarily retire within 2 weeks of the offer being made, the officer is also entitled to a further payment equal to the officer’s salary for 13 weeks. (5) An entitlement to a payment under this section is in addition to any other entitlement to payment under this regulation or otherwise, but is instead of the severance entitlements mentioned in section 27.1.13 of the report. † Division 10—General ˙ Valuation of lands 53.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 . (2) The valuation of land in a merging area at 1 July 1993 continues to be the valuation of the land until a further valuation applies to the land. (3) Subsection (2) applies subject to an objection or appeal under the Valuation of Land Act 1944 about the valuation, but the objection or appeal may not be based on the fact that the land is no longer in the same area as it was at the time of the valuation. ˙ Records 54. The records of each merging local government become the records of the new local government.
s 55 31 s 58 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Reference in documents to merging local government 55.(1) In all documents (including, for example, a contract to which a merging local government was a party), a reference to a merging local government is a reference to the new local government. (2) Subsection (1) applies subject to the operation of section 81 (Reference in documents to merging local government). ˙ Record of vesting of property 56. On the written request of the new local government’s chief executive officer, a person responsible for keeping a register about dealings with property must make all endorsements necessary to record the vesting of property in the new local government under section 26 (Vesting of assets and liabilities). ˙ Pending legal proceedings 57. A legal proceeding by or against a merging local government (other than a proceeding mentioned in section 83 (Pending legal proceedings) that is not finished before the changeover day may be continued and finished by or against the new local government. † PART 4—IMPLEMENTATION PROVISIONS FOR CITY OF BUNDABERG † Division 1—Fresh elections ˙ Cancellation of 1994 triennial elections 58. The 1994 triennial elections for the local government of the City of Bundaberg is cancelled.
s 59 32 s 62 Local Government (Bundaberg and Burnett) Regulation 1993 ˙ Direction for fresh elections for expanded area 59.(1) Fresh elections are to be held for the local government for the expanded area. (2) The fresh elections must be held on the day on which the 1994 triennial elections are to be held. (3) The voters roll for the elections closes on 31 January 1994. (4) The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the local government for the expanded area. ˙ Returning officer 60.(1) The chief executive officer of Bundaberg City Council is the returning officer for the fresh elections. (2) The returning officer must conduct the fresh elections. 14 ˙ Qualification for office of mayor or councillor 61. For the purposes of the qualifications of the mayor and other councillors, a person who lives in the City of Bundaberg or the relevant area is taken to live in the expanded area. ˙ Term of office as councillor 62. The term of office of a person elected as the mayor or other councillor at the fresh elections— 14 Section 765(2) (Regulation about a reviewable local government matter) (which expired on 26 March 1995) of the Act provided as follows— ‘ (2) If the regulation directs that a fresh election be held for the implementation of a reviewable local government matter, the election must be held under Chapter 5 (Local government elections) with all necessary changes and any change prescribed by the regulation as if the election were a tribunal election.’
s 63 33 Local Government (Bundaberg and Burnett) Regulation 1993 (a) begins on the changeover day; and (b) continues until the next triennial elections. 15 s 65 † Division 2—Role of expanded local government ˙ Expanded local government to take over certain functions and powers 63.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and (b) a merging local government started to perform the function or exercise the power for the relevant area before the changeover day, but did not finish performing the function or exercising the power. (2) The expanded local government may continue to perform the function or exercise the power. Example— If a person made an application about land in the relevant area to a merging local government under an Act, the new local government may deal with it. ˙ Application of Bundaberg City Council’s local laws to expanded area 64. To remove any doubt, the Bundaberg City Council’s local laws in force immediately before the changeover day apply to the expanded area. † Division 3—Instruments ˙ Existing instruments to continue in force 65.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act) that— 15 See section 175(3)(b) now 227(3)(b) (Duration of membership) of the Act.
s 66 34 s 66 Local Government (Bundaberg and Burnett) Regulation 1993 (a) was made by a merging local government under an Act or a local law before the changeover day about— (i) a resident in the relevant area; or (ii) an owner of land in the relevant area; or (iii) land in the relevant area; or (iv) a person’s entitlement to carry out an activity in the relevant area; and (b) is in force immediately before the changeover day. (2) For the purposes of the expanded local government dealing with an instrument made under a local law— (a) the local law under which the instrument was made is taken to be a local law of the expanded local government; and (b) the instrument is taken to have been made by the expanded local government under the local law and in force for the relevant area; and (c) the expanded local government is responsible for administering the local law in order to deal with the instrument; and (d) the instrument continues in force until it would have otherwise ended under the local law. (3) For the purposes of the expanded local government dealing with an instrument made under an Act, the instrument is taken to have been properly made under the Act by the expanded local government. † Division 4—Financial matters ˙ Vesting of assets and liabilities 66.(1) The new local government and the expanded local government must jointly consider the assets and liabilities of each local government that are to become the assets and liabilities of the other local government. (2) If the 2 local governments reach agreement, they must prepare, and give to the Minister, a schedule identifying the assets and liabilities.
s 67 35 s 68 Local Government (Bundaberg and Burnett) Regulation 1993 (3) If the 2 local governments do not reach agreement within 6 months after the changeover day, the Minister may identify the assets and liabilities. (4) The Minister must prepare and publish Gazette notices setting out the identified assets and liabilities. (5) An asset or liability of the new local government set out in the Gazette notice becomes an asset or liability of the expanded local government. (6) An asset or liability of the expanded local government set out in the Gazette notice becomes an asset or liability of the new local government. (7) Subsections (5) and (6) take effect for an asset or liability— (a) on the day the notice is published in the Gazette; or (b) on a later day specified in the notice. ˙ Expanded local government may levy rates made or imposed by merging local government 67.(1) This section applies if, immediately before the changeover day, a merging local government— (a) had made or imposed a rate for land in the relevant area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The expanded local government may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the same way that the merging local government could have given the notice or demanded payment. (3) The expanded local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 68.(1) This section applies if— (a) before the changeover day a merging local government had made
s 69 36 s 69 Local Government (Bundaberg and Burnett) Regulation 1993 and levied, or imposed and levied, a rate about land in the relevant area on a person; and (b) immediately before the changeover day the rate had not been paid. (2) If the time for payment of the rate had not ended before the changeover day— (a) the time continues to run; and (b) the amount of the rate is payable by the person to the expanded local government. (3) If the time for payment of the rate had ended before the changeover day, the rate (together with any interest accruing on the rate) becomes payable by the person to the expanded local government. (4) The expanded local government— (a) is taken to have made and levied, or imposed and levied, the rate; and (b) may receive payment of, or recover, the amount of the rate. † Division 5—Planning schemes and related matters ˙ Existing planning schemes continue 69.(1) In this section— “approved” means approved under the Planning Act. “relevant area” includes a part of the relevant area. (2) An existing planning scheme for the relevant area— (a) continues to apply to the area until— (i) the expanded local government amends its planning scheme to include the relevant area; or (ii) a new planning scheme for the expanded area is approved; and (b) is to be implemented, administered and enforced by the expanded local government so far as it relates to the relevant area; and
s 70 37 s 71 Local Government (Bundaberg and Burnett) Regulation 1993 (c) for the purpose of paragraph (b), is taken to be part of the planning scheme for the expanded area; and (d) binds the expanded local government. (3) An instrument in force under an existing planning scheme, immediately before the changeover day, continues in force until whichever of the following first happens— (a) it expires or is repealed under the existing planning scheme; (b) the scheme is replaced in whole or relevant part. ˙ Decisions of merging local government taken to be decisions of expanded local government 70.(1) This section applies to a decision made by a merging local government before the changeover day under an existing planning scheme for land in the relevant area. (2) The decision continues to apply to the land and for that purpose is taken to have been made by the expanded local government. ˙ Outstanding applications 71.(1) This section applies to an application that— (a) was made before the changeover day to a merging local government under— (i) an Act; or (ii) an existing planning scheme for the relevant area; and (b) had not been finally decided before the changeover day. (2) As soon as practicable after the changeover day, the merging local government must pay the fees received by it for the application to the expanded local government. (3) The expanded local government must deal with the application. (4) If, before the changeover day, the merging local government had started to investigate the application, it is sufficient compliance with
s 72 38 s 75 Local Government (Bundaberg and Burnett) Regulation 1993 subsection (2) if, as soon as practicable after changeover day, it gives the expanded local government— (a) the results of its investigation of the application; and (b) the fees received by it, less a reasonable amount for the costs of its investigation of the application. ˙ Appeals 72.(1) This section applies to an appeal that— (a) was started before the changeover day against a decision of a merging local government made under an existing planning scheme for the relevant area; and (b) had not been completed before the changeover day. (2) The expanded local government takes the place of the merging local government in the appeal. † Division 6—Staff ˙ Meaning of “continuing officer” in Division 73. In this section— “continuing officer” means a person who— (a) immediately before the changeover day, was an officer of a merging local government or Bundaberg City Council; and (b) has since changeover day continued as an officer of the new local government or the expanded local government. ˙ Rationalisation of staff because of change 75.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing officer; or
s 76 39 s 77 Local Government (Bundaberg and Burnett) Regulation 1993 (b) a declaration that a continuing officer or a continuing officer’s position is redundant; or (c) a redeployment of a continuing officer; or (d) a retrenchment of a continuing officer. (2) If, within 2 years after the changeover day, the expanded local government starts to take a rationalisation action because of the inclusion of the relevant area in the City of Bundaberg, the expanded local government must comply with the process set out in this Division and, subject to this Division, the Guidelines and Parameters for the Rationalisation of Staff as set out in section 27.1 of the report. ˙ Process for retrenchment of continuing officer 76.(1) For the purposes of section 75 (Rationalisation of staff because of change), the process to be used in retrenching a continuing officer is set out in this section. (2) The expanded local government must— (a) try to redeploy or appoint the officer to a suitable position; or (b) decide, by resolution, that redeployment of the officer, or appointment of the officer to another position, is not practicable. (3) After the expanded local government has complied with subsection (2), it must give a written offer of voluntary early retirement to the officer. (4) The expanded local government may retrench the officer if the offer of voluntary early retirement— (a) is rejected, by notice signed by the officer; or (b) is not accepted, by notice signed by the officer, within 2 months after the offer is given to the officer. ˙ Salary maintenance 77.(1) This section applies if—
s 78 40 s 78 Local Government (Bundaberg and Burnett) Regulation 1993 (a) a continuing officer is redeployed, in accordance with this Division, to a position in the expanded local government (the “new position” ); and (b) the salary for the new position is less than the salary to which the officer was entitled for the permanent position the officer held, immediately before the changeover day, with Bundaberg City Council (the “former position” ). (2) The officer must be paid an allowance that is enough to maintain the officer’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until whichever of the following first happens— (a) the person stops being an officer of the expanded local government; (b) the person is appointed to a position in the expanded local government and the salary for the position is equal to, or more than, the salary for the former position; (c) the end of 1 year after the officer’s appointment to the new position. ˙ Payments to continuing officers who are retrenched or voluntarily retire 78.(1) This section applies to a continuing officer who is retrenched or voluntarily retires in accordance with this Division. (2) The officer is entitled to a payment equal to the officer’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the officer— (a) must receive an amount equal to the officer’s salary for 4 weeks; but (b) must not receive an amount more than the officer’s salary for 52 weeks.
s 79 41 s 81 Local Government (Bundaberg and Burnett) Regulation 1993 (4) If the officer accepts an offer to voluntarily retire within 2 weeks of the offer being made, the officer is also entitled to a further payment equal to the officer’s salary for 13 weeks. (5) An entitlement to a payment under this section is in addition to any other entitlement to payment under this regulation or otherwise, but is instead of the severance entitlements mentioned in section 27.1.13 of the report. † Division 7—General ˙ Valuation of lands 79.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 . (2) The valuation of land in the relevant area at 1 July 1993 continues to be the valuation of the land until a further valuation applies to the land. (3) Subsection (2) applies subject to an objection or appeal under the Valuation of Land Act 1944 about the valuation, but the objection or appeal may not be based on the fact that the land is no longer in the same area as it was at the time of the valuation. ˙ Roads and bridges 80. To remove any doubt, the materials of all roads and bridges in the relevant area belong to the expanded local government. ˙ Reference in documents to merging local government 81. In a document concerning the relevant area (including, for example, a contract to which a merging local government was a party), a reference to a
s 82 42 s 84 Local Government (Bundaberg and Burnett) Regulation 1993 merging local government may, as appropriate, be taken to be a reference to the expanded local government. ˙ Record of vesting of property 82. On the written request of the chief executive officer of the expanded local government or new local government about an asset or liability vested in the expanded local government or new local government under section 66 (Vesting of assets and liabilities), a person responsible for keeping a register about dealings with property must make all endorsements necessary to record the vesting. ˙ Pending legal proceedings 83.(1) This section applies to a legal proceeding by or against a merging local government that— (a) is not finished before the changeover day; and (b) is identified by the Minister by Gazette notice. (2) The legal proceeding may be continued and finished by or against the expanded local government. ˙ Duty to facilitate change in boundaries 84.(1) The expanded local government and the new local government must do all acts and things necessary or desirable to facilitate the external boundaries change. (2) Without limiting subsection (1), the new local government must give the expanded local government the records that are necessary to enable compliance with this regulation.
s 85 43 s 85 Local Government (Bundaberg and Burnett) Regulation 1993 † PART 5—JOINT ARRANGEMENTS † Division 1—Joint Transitional Committee ˙ Committee 85.(1) In order to facilitate, before changeover day, the external boundary change of the merging areas, a Joint Transitional Committee is established. (2) The Committee consists of— (a) 2 councillors from the Shire of Gooburrum; and (b) 3 councillors from the Shire of Woongarra; and (c) 5 councillors from the City of Bundaberg, of whom 1 is the mayor. (3) The Committee’s functions are— (a) to identify the assets and liabilities that might be vested in the expanded local government after changeover day; and (b) to identify the assets and liabilities that might be vested in the new local government after changeover day; and (c) to consider the joint arrangements that might be achieved by the new local government and the expanded local government after changeover day; and (d) to identify the employees referred to in section 27.6(a) of the report; and (e) to make recommendations about other matters that the Committee considers appropriate. (4) The Committee may conduct its meetings in the way it considers appropriate. (5) Committee meetings are to be held at the times and places the Committee decides.
s 86 44 s 90 Local Government (Bundaberg and Burnett) Regulation 1993 (6) Five members, of whom 1 must be the chairperson, form a quorum. (7) The Committee ends on the changeover day. ˙ Mayor of Bundaberg is chairperson of Committee 86. The mayor of the City of Bundaberg is the chairperson of the Committee. ˙ Voting powers of chairperson of Committee 87. The chairperson of the Committee has a deliberative vote and casting vote in all decisions of the Committee. † Division 2—Decision-making by Committee ˙ Definitions 88. In this Division— “chief executive officer” means the chief executive officer of Bundaberg City Council; “decision” , of the Committee, means a resolution of the Committee to identify an employee for the purposes of section 85(3)(d) (Committee). ˙ Decisions to be notified 89. After making a decision, the Committee must immediately give written notice to the chief executive officer of the Shire of Gooburrum, the Shire of Woongarra and the City of Bundaberg. ˙ Local governments may oppose decisions 90.(1) Within 7 days after the Committee makes a decision, a local government represented on the Committee may give written notice to the chief executive officer that it opposes the decision and its reasons.
s 91 45 s 93 Local Government (Bundaberg and Burnett) Regulation 1993 (2) The chief executive officer must immediately give written notice to the Minister. ˙ Adjudication by Minister 91.(1) If the Minister is notified under section 90 (Local governments may oppose decisions) that a local government opposes a decision, the Minister must confirm or revoke the decision. (2) The Minister must give written notice of the decision to the chief executive officer of the Shire of Gooburrum, the Shire of Woongarra and the City of Bundaberg. ˙ Effect of decisions 92. An employee of a merging local government who is identified in a decision is, unless the decision is revoked by the Minister, entitled to receive from the Bundaberg City Council an offer to be employed by it— (a) on and from the changeover day; and (b) on the basis that the employee will remain entitled to all existing and accruing rights of employment applying to the employee immediately before changeover day. † Division 3—Joint arrangements after changeover day ˙ Report about joint arrangements 93.(1) In this section— “joint arrangements” means the joint arrangements recommended by the Commissioner in the report. (2) The expanded and new local governments must report to the Minister about achieving joint arrangements between the 2 local governments within 6 months after the changeover day. (3) If the local governments cannot agree on a joint report, each local government must report separately to the Minister.
s 94 46 s 94 Local Government (Bundaberg and Burnett) Regulation 1993 (4) A report must have regard to the matters mentioned in the Commissioner’s report about joint arrangements. † PART 6—EXPIRY OF REGULATION ˙ Expiry 94.(1) This regulation expires on 31 December 1999. (2) This regulation is a law to which the Acts Interpretation Act 1954 , section 20A 16 applies. 16 Acts Interpretation Act 1954 , section 20A (Repeal does not end saving, transitional or validating effect etc.)
47 Local Government (Bundaberg and Burnett) Regulation 1993 ¡ SCHEDULE † LOCAL LAWS FOR THE NEW AREA section 23 BY–LAWS OF THE SHIRE OF WOONGARRA CHAPTER 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SUBJECT MATTER General provisions Meetings and business of council, committee and officers Nuisances, sanitary convenience, house refuse etc. Roads and control of traffic and obstructions on roads The keeping of and registration of dogs and goats Regulating the depasturing of stock on reserves Noxious weeds Drainage Extraordinary traffic For prevention of the spread of the tick pest Miscellaneous The eradication of cane grub and beetle pest Impounding Licensed gates and grids Cafes Fees and expenses of members Parks, reserves and foreshores Places of public amusement or public resort
48 Local Government (Bundaberg and Burnett) Regulation 1993 SCHEDULE (continued) 20 Unlawful games etc. 21 Overgrown allotments 22 Accommodation 23 Building lines 24 Aqua-Ammonia 25 Stalls etc. prohibited unless permitted 26 Petrol pumps, air standards and water standards 27 Bathing reserves 28 Water supply 29 Camping, caravans, caravan parks and cabins 30 Blasting control 33 Group title development 34 Advertisements 35 Discarded or disused machinery, second-hand materials etc. 36 Removal of buildings 37 Use of motor vehicle on land under control of council (other than a road) 38 Swimming pools 39 Bridges 40 Motels 41 Public conveniences 42 Private works 43 Keeping swine, poultry and birds 44 Abatement of excessive noise
49 Local Government (Bundaberg and Burnett) Regulation 1993 SCHEDULE (continued) BY–LAWS OF THE SHIRE OF GOOBURRUM 1 Repeal—Preliminary 3 Encroachments and projections 4 Signboards and signs 5 Petrol pumps 6 Licensed gates and grids 7 Bridges, fences and culverts—limit of liability 8 Roads and streets and motor grids 9 Traffic 10 Stalls and itinerant vendors 11 Reserves 12 Poisonous baits 13 Buildings 14 Nuisance, sanitary convenience, house refuse 15 Safety and convenience 16 Spouts and gutters 17 Sewers and drains 18 Theatres 19 Water 20 Bathing 21 Bush fires 22 Diaries 23 Prevention of damage 24 Noxious weeds
50 Local Government (Bundaberg and Burnett) Regulation 1993 SCHEDULE (continued) 25 Cemeteries 26 Aqua-Ammonia 27 Go-Kart control 28 Animals 29 Impounding 30 Bonus for dingo and fox scalps 32 Miscellaneous 33 Control of surfing beaches 34 Water supply 35 Television aerials 36 Control of dogs and ferocious dogs 37 Private works 38 Discarded or disused machinery, second-hand machinery and the like 39 Temporary homes 40 Bridges 41 Extraordinary traffic 43 Light tramways 45 Sewerage 47 Extractive industries 48 Abatement of excessive noise 49 Explosives 50 Overgrown allotments 51 Use of motor vehicles on land under the control of council (other than a road) 55 Group title development
51 Local Government (Bundaberg and Burnett) Regulation 1993 SCHEDULE (continued) 55 Parks and reserves 56 Places of public amusement or public resort 57 Public conveniences 58 Private swimming pools 59 Camping and caravan parks 60 Reward for information on vandalism 61 Boat ramps 64 Burning of refuse
52 Local Government (Bundaberg and Burnett) Regulation 1993 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 7 July 1999. Future amendments of the Local Government (Bundaberg and Burnett) Regulation 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
53 Local Government (Bundaberg and Burnett) Regulation 1993 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 99 of 1994 21 September 1994 1A to SL No. 327 of 1995 15 October 1996 1B to SL No. 63 of 1997 12 May 1997 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Corrected minor errors Reprint No. 1
54 Local Government (Bundaberg and Burnett) Regulation 1993 ´ 6 List of legislation Local Government (Bundaberg and Burnett) Regulation 1993 SL No. 494 made by the Governor in Council on 16 December 1993 notfd gaz 17 December 1993 pp 1812–21 pt 1, pt 3 divs 1, 6–8, 9 (s 48), pt 4 divs 1, 6 (s 74), pt 5 divs 1–2, commenced on date of notification remaining provisions commenced 30 March 1994 (see ss 2(2), 4, 5, gaz 15 April 1994 p 1443) exp 31 December 1999 (see s 94(1) as ins 1999 SL No. 118 s 11) Note— This regulation was made under the Local Government Act 1936 and is continued in force and taken to be made under the Local Government Act 1993 (see 1993 No. 70 s 766) as amended by— Local Government (Bundaberg and Burnett) Amendment Regulation (No. 1) 1994 SL No. 99 notfd gaz 25 March 1994 pp 1228–32 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 1995 SL No. 327 pts 1, 3 notfd gaz 1 December 1995 pp 1334–7 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 1997 SL No. 63 pts 1, 5 notfd gaz 21 March 1997 pp 1234–5 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 1999 SL No. 118 pts 1, 5 notfd gaz 25 June 1999 pp 932–8 commenced on date of notification ´ 7 List of annotations Remuneration of councillors of new local government s 22A ins 1994 SL No. 99 s 3 Local laws for the new area s 23 amd 1995 SL No. 327 s 5; 1997 SL No. 63 s 9 Expenses over $10 000 s 34 exp 25 March 1994 (see s 34(3)) Officer may only be dismissed for misconduct or neglect s 48 exp 30 March 1994 (see s 48(3), gaz 15 April 1994 p 1443)
55 Local Government (Bundaberg and Burnett) Regulation 1993 Officer may only be dismissed for misconduct or neglect s 74 exp 30 March 1994 (see s 74(3), gaz 15 April 1994 p 1443) PART 6—EXPIRY OF REGULATION pt hdg ins 1999 SL No. 118 s 11 Expiry s 94 ins 1999 SL No. 118 s 11 © State of Queensland 1999