Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994

Queensland Local Government Act 1993 LOCAL GOVERNMENT (BRISBANE, ESK, IPSWICH, LOGAN AND MORETON) REGULATION 1994 Reprinted as in force on 7 July 1999 (includes amendments up to SL No. 118 of 1999) Reprint No. 1B 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 (BRISBANE, ESK, IPSWICH, LOGAN AND MORETON) REGULATION 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS 5 City of Ipswich . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 City of Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 City of Logan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Shire of Esk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Composition of Ipswich City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 City of Ipswich to have 12 divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 3—ELECTION OF FIRST COUNCIL 11 Fresh elections for new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Timetable for fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Appointment and role of returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Minister may give directions about fresh elections . . . . . . . . . . . . . . . . . . . 14 15 Qualification for office of councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Cost of fresh elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Councillors of new local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 18 Gazettal of changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 19 Cancellation of 1997 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Term of office as councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS FOR NEW AREA Division 1—Role of new local government 21 New local government as successor of merging local governments . . . . . . 15 22 New local government to take over existing functions and powers . . . . . . . 16 23 Delegations by merging local government . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2—Local laws and other instruments 24 Local laws for the new area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Application of continuing local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Model local law for meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Existing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—Financial matters 28 Vesting of assets and liabilities of merging local governments . . . . . . . . . . 19 29 Vesting of assets and liabilities of new and affected local governments . . 19 30 New local government may levy rates made or imposed by merging or affected local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 31 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Application of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 33 Application of earlier remuneration resolutions . . . . . . . . . . . . . . . . . . . . . . 21 Division 4—Planning schemes and related matters 34 Continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 New local government responsible for continuing planning schemes . . . . . 22 Division 5—Abolition of Ipswich–Moreton Water Supply Board 36 Abolition of Water Supply Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 37 Vesting of Water Supply Board’s assets and liabilities . . . . . . . . . . . . . . . . 23 38 Documents of Water Supply Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 39 References in documents to Water Supply Board . . . . . . . . . . . . . . . . . . . . 23 40 Pending legal proceedings by or against Water Supply Board . . . . . . . . . . 23 Division 6—Interim chief executive officer 41 Appointment of interim chief executive officer . . . . . . . . . . . . . . . . . . . . . . 23

3 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 42 Role of interim chief executive officer before changeover day . . . . . . . . . . 24 44 Organisational structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 45 Role of the interim chief executive officer after the changeover day . . . . . 25 46 Costs incurred by interim chief executive officer . . . . . . . . . . . . . . . . . . . . . 25 Division 7—Transitional committees 47 Ipswich Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 48 Brisbane Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 49 Esk Transitional Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 50 Procedures of transitional committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 51 Chairpersons of transitional committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 52 Voting powers of chairperson of transitional committees . . . . . . . . . . . . . . . 28 53 Subcommittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 8—Decision-making by Ipswich Transitional Committee 54 Meaning of “decision” in division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 55 Decisions to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 56 Merging local governments may oppose decisions . . . . . . . . . . . . . . . . . . . . 28 57 Adjudication by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 58 Interim chief executive officer to comply with directions . . . . . . . . . . . . . . 29 Division 9—Employees 59 Meaning of “continuing employee” in division . . . . . . . . . . . . . . . . . . . . . . 29 60 Existing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 61 Officer may only be dismissed for misconduct or neglect . . . . . . . . . . . . . . 30 62 Rationalisation of employees because of change . . . . . . . . . . . . . . . . . . . . . 31 63 Process for retrenchment of continuing employee . . . . . . . . . . . . . . . . . . . . 31 64 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 65 Payments to continuing employee who is retrenched or voluntarily retires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 5—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS FOR AFFECTED AREAS Division 1—Role of affected local governments 66 Affected local governments to take over existing functions and powers . . 33

4 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 Division 2—Local laws and other instruments 67 Local laws for affected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 68 Application of continuing local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 69 Existing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 3—Financial matters 70 Affected local governments may levy rates made or imposed by merging local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 71 Recovery of unpaid rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 4—Planning schemes and related matters 72 Continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 73 Affected local government responsible for continuing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 5—Employees 74 Meaning of “continuing employee” in division . . . . . . . . . . . . . . . . . . . . . . 37 75 Existing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 76 Rationalisation of employees because of change . . . . . . . . . . . . . . . . . . . . . 37 77 Process for retrenchment of continuing employee . . . . . . . . . . . . . . . . . . . . 38 78 Salary maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 79 Payments to continuing employee who is retrenched or voluntarily retires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 6—GENERAL 80 Valuation of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 81 Trust land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 82 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 83 Facilitating changes in boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 84 Reference in documents to merging and affected local governments . . . . . 41 85 Pending legal proceedings—merging local government . . . . . . . . . . . . . . . 41 86 Pending legal proceedings—for affected local governments . . . . . . . . . . . . 41 87 Expiry of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42 LOCAL LAWS NOT APPLYING TO NEW AREA SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 43 LOCAL LAWS NOT APPLYING TO AFFECTED AREAS

5 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 44 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

s1 7 s2 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 LOCAL GOVERNMENT (BRISBANE, ESK, IPSWICH, LOGAN AND MORETON) REGULATION 1994 [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 (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 . ˙ Commencement 2.(1) The following provisions commence on the notification of this regulation in the gazette— • part 1 (Preliminary) • part 3 (Election of first council) • part 4 (General provisions to implement reviewable local government matters for new area) • division 6 (Interim chief executive officer) • division 7 (Transitional committees) • division 8 (Decision-making by Ipswich Transitional Committee) • division 9 (Employees) • section 61 (Officer may only be dismissed for misconduct or neglect). (2) The remaining provisions commence on the changeover day.

s3 8 s4 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ 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) abolishing the areas of the City of Ipswich and Shire of Moreton; and (b) creating a new area named the City of Ipswich consisting of— (i) the abolished City of Ipswich; and (ii) the abolished Shire of Moreton; and (c) changing the external boundaries of the new City of Ipswich by excluding area A and including it in the Shire of Esk; and (d) changing the external boundaries of the new City of Ipswich by excluding area B and including it in the City of Brisbane; and (e) changing the external boundaries of the new City of Ipswich by excluding area C and including it in the City of Logan; and (f) changing the external boundaries of the City of Logan by excluding area D and including it in the new City of Ipswich. ˙ Definitions 4. In this regulation— “affected local government” means Brisbane or Logan City Council or Esk Shire Council. “affected area” means area A, B or C.

s4 9 s4 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 “area A” means the part of the existing Shire of Moreton shown as area A on map no. LGR 5, held by the department. 1 “area B” means the part of the existing Shire of Moreton shown as area B on map no. LGR 5, held by the department. “area C” means the part of the existing Shire of Moreton shown as area C on map no. LGR 5, held by the department. “area D” means the part of the existing City of Logan shown as area D on map no. LGR 5, held by the department. “budget” of a merging local government means the budget adopted by the merging local government for the 1994/95 financial year. “changeover day” means the day the last declaration notice for the fresh elections for the new area is published in a newspaper. “continuing local law” means a local law continued in force under section 24 or 67. “continuing planning scheme” means a planning scheme mentioned in section 34(1) or 72(1). “declaration notice” means a notice under section 316 2 of the Act. “dismissal” of an employee includes terminating the employee’s employment. “employee” of a merging or affected local government means a person who, immediately before the changeover day, is employed by the merging or affected local government in any capacity. “existing” means existing immediately before the changeover day. “interim chief executive officer” means the person appointed under section 41. 1 A map or plan mentioned in this regulation may be inspected at the head office of the Department of Communication and Information, Local Government and Planning or a copy may be inspected at the public offices of the relevant councils. 2 Section 316 now 371 (Declaration of poll) of the Act

s 4 10 s 4 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 “merging local government” means— (a) before the changeover day—the existing Ipswich City Council or Moreton Shire Council; or (b) from the changeover day—the abolished Ipswich City Council or Moreton Shire Council. “new area” means— (a) before the changeover day— (i) the existing area of the City of Ipswich; and (ii) the existing area of the Shire of Moreton (excluding areas A, B and C); and (iii) area D; or (b) from the changeover day— (i) the abolished area of the City of Ipswich; and (ii) the abolished area of the Shire of Moreton (excluding areas A, B and C); and (iii) area D. “new local government” means the local government for the new area from the changeover day. “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 the Planning Act, section 8.10 (Savings and transitional). “remuneration resolution” means a resolution of the type mentioned in section 185(1) 3 of the Act. “report” means the report of the commissioner tabled in the Legislative Assembly on 23 November 1994 about the commissioner’s review of the external boundaries of the City of Ipswich and the Shire of 3 Section 185 now 237 (Remuneration for service on local government and advisory committees) of the Act

s 5 11 s 5 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 Moreton parts of the external boundaries of the shires of Beaudesert, Boonah, Esk and Laidley and the cities of Brisbane and Logan. 4 “salary” includes wage. “service” of an employee has the meaning given by section 7 of attachment N of the report. “transitional committee” means— (a) Brisbane Transitional Committee; or (b) Esk Transitional Committee; or (c) Ipswich Transitional Committee. “Water Supply Board” means the Ipswich–Moreton Water Supply Board. † PART 2—IMPLEMENTATION OF REVIEWABLE LOCAL GOVERNMENT MATTERS ˙ City of Ipswich 5.(1) The existing areas of the City of Ipswich and the Shire of Moreton are abolished. 5 (2) A new local government area is created from the abolished areas. (3) The external boundaries of the new area are changed by— (a) excluding areas A, B and C; and (b) including area D. (4) The new area is a city. 4 The commissioner’s report may be inspected at the head office of the Department of Communication and Information, Local Government and Planning. 5 The boundaries of these areas are shown on plans bearing catalogue numbers LGB 66 edition 1 and 89 edition 1 respectively.

s 6 12 s 9 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (5) The name of the new area with the external boundaries as changed is Ipswich. (6) The area shown delineated on map no. LGB 66 edition 2, held by the department, is the City of Ipswich. ˙ City of Brisbane 6.(1) The external boundaries of the City of Brisbane are changed by including area B. (2) Map no. LGB 1 edition 3, 6 held by the department, shows the City of Brisbane with area B included. ˙ City of Logan 7.(1) The external boundaries of the City of Logan are changed by— (a) excluding area D; and (b) including area C. (2) Map no. LGB 78 edition 4, held by the department, shows the City of Logan with area D excluded and area C included. ˙ Shire of Esk 8.(1) The external boundaries of the Shire of Esk are changed by including area A. (2) Map no. LGB 50 edition 2, held by the department, shows the Shire of Esk with area A included. ˙ Composition of Ipswich City Council 9. The local government for the City of Ipswich consists of a mayor and 12 other councillors. 6 Edition 3 more accurately represents the external boundaries of the City of Brisbane on the commencement of section 6.

s 10 13 s 13 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ City of Ipswich to have 12 divisions 10.(1) The City of Ipswich is divided into the 12 divisions shown in map no. LGB 66 edition 2, held by the department. (2) One councillor is assigned to each division. † PART 3—ELECTION OF FIRST COUNCIL ˙ Fresh elections for new area 11. Fresh elections are to be held for a local government for the new area. ˙ Timetable for fresh elections 12.(1) For holding the fresh elections— (a) the notice under section 248 7 of the Act must be published no later than 3 February 1995; and (b) the voters roll for the election must be compiled to 14 February 1995; and (c) the nomination day is 17 February 1995. (2) The fresh elections must be held on 11 March 1995. ˙ Appointment and role of returning officers 13.(1) The Minister must appoint a returning officer and assistant returning officer for the fresh elections. (2) As soon as practicable after making an appointment, the Minister must, by gazette notice, advise the appointment. (3) The returning officer must conduct the fresh elections. 7 Section 248 now 301 (Calling for nominations) of the Act

s 14 14 s 16 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (4) If, for any reason, the returning officer cannot perform the functions of office, the assistant returning officer must act as the returning officer. ˙ Minister may give directions about fresh elections 14. 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 councillor 15.(1) A person who lives in the new area and is an elector is qualified to become a councillor of the new local government. (2) Subsection (1) has effect subject to sections 170 and 171 8 of the Act. ˙ Cost of fresh elections 16.(1) The Ipswich City Council must pay for the cost of conducting the fresh elections. (2) An amount required for the cost may be spent— (a) without a resolution of the Ipswich City Council; and (b) whether or not the disbursement is provided for in the budget of the Ipswich City Council. (3) An amount may be paid only if the returning officer has given an account to the chief executive officer of the Ipswich City Council. 8 Sections 170 and 171 now ss 221 and 222 of the Act are about disqualifications and vacation of office.

s 17 15 s 21 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Councillors of new local government 17. The persons elected as the mayor and other councillors at the elections are the mayor and other councillors of the new local government. ˙ Gazettal of changeover day 18. As soon as practicable after the changeover day, the Minister must, by gazette notice, advise the changeover day. ˙ Cancellation of 1997 triennial elections 19. The 1997 triennial elections for the new local government are cancelled. ˙ Term of office as councillor 20. The term of office of a person elected as councillor at the fresh elections begins on the changeover day and ends at the conclusion of the 2000 triennial elections. 9 † PART 4—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS FOR NEW AREA † Division 1—Role of new local government ˙ New local government as successor of merging local governments 21.(1) The new local government is the successor of the merging local governments. 9 See section 355 now 413 (Extension of term of councillors) of the Act.

s 22 16 s 23 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (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 areas A, B, C and D. ˙ New local government to take over existing functions and powers 22.(1) This section applies if, under an Act— (a) a local government may perform a function or exercise a power; and (b) a merging or affected 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 finish the procedures. Example 2— If a person made an application to an affected local government under an Act, the new local government may deal with it. ˙ Delegations by merging local government 23. 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.

s 24 17 s 26 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 † Division 2—Local laws and other instruments ˙ Local laws for the new area 24.(1) A local law of a merging or affected local government in force immediately before the changeover day continues in force as a local law of the new local government until 1 July 1999 unless it expires under the local law on an earlier day. (2) However, a local law mentioned in schedule 1 is not a local law of the new local government. ˙ Application of continuing local laws 25.(1) A continuing local law continues in force only for the part of the new area it applied to immediately before the changeover day. (2) The new local government may, by local law, apply a continuing local law to the entire new area, with or without changes. (3) Despite section 23(1), a continuing local law applied under subsection (2) continues in force as a local law of the new local government until it is repealed by the new local government. (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. ˙ Model local law for meetings 26.(1) In this section— “model local law for meetings” means Model Local Law No. 5 (Meetings) set out in Local Government (Model Local Law) Notice (No.1) 1994 published in the gazette on 5 August 1994 at page 1579–90. (2) The new local government is taken to have made, and given notice of, the model local law for meetings as a local law. (3) As soon as practicable after the changeover day, the interim chief executive officer must certify and give to the Minister 5 copies of the model

s 27 18 s 27 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 local law for meetings taken to have been made by the new local government. ˙ Existing instruments 27.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act)— (a) made by a merging or affected local government under an Act or a local law before the changeover day about— (i) a resident in the new area; or (ii) an owner of land in the new area; or (iii) land in the new area; or (iv) a person’s entitlement to carry out an activity in the new area; and (b) 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 it applied to immediately before the changeover day and not the entire new area. (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under an Act or local law is taken to be an instrument made by the local government under the Act or law.

s 28 19 s 30 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 † Division 3—Financial matters ˙ Vesting of assets and liabilities of merging local governments 28. All assets and liabilities of each merging local government become assets and liabilities of the new local government. ˙ Vesting of assets and liabilities of new and affected local governments 29.(1) The new local government and the affected local governments must jointly consider the assets and liabilities of each local government that are to become the assets and liabilities of another local government. (2) If the local governments reach agreement, they must prepare, and give to the Minister, a schedule identifying the assets and liabilities. (3) In reaching an agreement, the Carole Park Sewerage Treatment Plant must remain an asset of the new local government. (4) If the local governments do not reach agreement within 6 months after the changeover day, the Minister may identify the assets and liabilities. (5) The Minister must prepare and publish gazette notices stating the identified assets and liabilities. (6) An asset or liability of an affected local government stated in the gazette notice becomes an asset or liability of the new local government. (7) An asset or liability of the new local government set out in the gazette notice becomes an asset or liability of the affected local government stated in the notice. (8) Subsections (6) and (7) take effect for an asset or liability— (a) on the day the notice is gazetted; or (b) on a later day stated in the notice. ˙ New local government may levy rates made or imposed by merging or affected local government 30.(1) This section applies if, immediately before the changeover day, a merging or affected local government—

s 31 20 s 31 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (a) had made or imposed a rate for land in the new 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 way the merging or affected 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 31.(1) This section applies if— (a) before the changeover day, a merging or affected local government had made and levied, or imposed and levied, a rate about land in the new 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 as if this regulation had not been made; 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.

s 32 21 s 34 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Application of budgets 32.(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 the new 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) However, subsection (2) does not stop the new local government from disbursing an amount for a matter in relation to area D. (4) Subsection (2) is subject to sections 16 and 46. 10 ˙ Application of earlier remuneration resolutions 33. The remuneration resolution decided by the Ipswich Transitional Committee to apply to the new local government or, failing a decision, Ipswich City Council’s remuneration resolution in force immediately before the changeover day, continues in force as a resolution of the new local government until— (a) 6 months after the changeover day; or (b) the new local government passes a remuneration resolution. † Division 4—Planning schemes and related matters ˙ Continuing planning schemes 34.(1) This section applies to a planning scheme of a merging or affected 10 Section 16 is about the cost of fresh elections and section 46 is about costs incurred by the interim chief executive before the changeover day.

s 35 22 s 36 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 local government in force for land in the new area immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the 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— (a) it expires or is repealed under the continuing planning scheme; or (b) the scheme is replaced in whole or relevant part. Examples of continuing instruments— Applications, approvals and consents. (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under a planning scheme is taken to be an instrument under the planning scheme. ˙ New local government responsible for continuing planning schemes 35. The new local government must implement, administer and enforce, and is bound by, each continuing planning scheme under the Planning Act. † Division 5—Abolition of Ipswich–Moreton Water Supply Board ˙ Abolition of Water Supply Board 36.(1) The Water Supply Board is abolished. (2) The order in council establishing the Water Supply Board, published in the gazette on 4 October 1975 at page 368, is repealed.

s 37 23 s 41 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Vesting of Water Supply Board’s assets and liabilities 37. All assets and liabilities of the Water Supply Board become the assets and liabilities of the new local government. ˙ Documents of Water Supply Board 38. The documents of the Water Supply Board become the documents of the new local government. ˙ References in documents to Water Supply Board 39. In all documents (including, for example, a contract to which the Water Supply Board was a party), a reference to the Water Supply Board is a reference to the new local government. ˙ Pending legal proceedings by or against Water Supply Board 40. A legal proceeding by or against the Water Supply Board that is not finished before the changeover day may be continued and finished by or against the new local government. † Division 6—Interim chief executive officer ˙ Appointment of interim chief executive officer 41.(1) The Minister must appoint a person to be the interim chief executive officer for the new area. (2) If the Transitional Committee nominates a person by 13 January 1995, 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 42 24 s 44 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Role of interim chief executive officer before changeover day 42.(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 Transitional Committee directs the appointment. (4) The appointment continues until the new local government revokes it. (5) Subsection (1) is subject to section 58. 11 ˙ Organisational structure 44.(1) Unless the Ipswich Transitional Committee otherwise directs, the interim chief executive officer must make the administrative arrangements necessary for the creation of the following 7 departments of the new local government— • Civil Operations Department • Community Services Department • Corporate Services Department • Development and Planning Department • Environmental Services Department • Finance and Budget Department • Water and Sewerage Department. (2) However, as soon as practicable after the changeover day, the new local government must— 11 Section 58 required the interim chief executive officer to comply with certain directions.

s 45 25 s 47 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (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. ˙ Role of the interim chief executive officer after the changeover day 45. From the changeover day, the interim chief executive officer acts as the chief executive officer of the new local government until an appointment to the office is made. ˙ Costs incurred by interim chief executive officer 46.(1) The merging local governments must pay for the cost of 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 given an account to the merging local government’s chief executive officer. † Division 7—Transitional committees ˙ Ipswich Transitional Committee 47.(1) The Ipswich Transitional Committee is established. (2) The committee’s functions are— (a) to decide which of the merging local government’s remuneration resolutions is to apply to the new local government; and (b) to give directions to the interim chief executive officer about— (i) administrative arrangements for the new local government; and

s 48 26 s 49 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (ii) the establishment of departments and the appointment of departmental heads of the departments. (3) The committee may also nominate a person for appointment as interim chief executive officer. (4) The committee consists of— (a) 4 councillors from the City of Ipswich; and (b) 4 councillors from the Shire of Moreton. (5) The committee ends on the changeover day. ˙ Brisbane Transitional Committee 48.(1) The Brisbane Transitional Committee is established. (2) The committee’s function is to give directions to the interim chief executive officer about— (a) identifying assets and liabilities that may be adjusted between the new local government and the Brisbane City Council; and (b) transferring employees of a merging local government to the Brisbane City Council. (3) The committee consists of— (a) 1 councillor from the City of Ipswich; and (b) 1 councillor from the Shire of Moreton; and (c) 2 councillors from the City of Brisbane. (4) The committee ends on the changeover day. ˙ Esk Transitional Committee 49.(1) The Esk Transitional Committee is established. (2) The committee’s function is to give directions to the interim chief executive officer about identifying assets and liabilities that may be adjusted between the new local government and the Esk Shire Council. (3) The committee consists of—

s 50 27 s 51 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (a) 1 councillor from the City of Ipswich; and (b) 1 councillor from the Shire of Moreton; and (c) 2 councillors from the Shire of Esk. (4) The committee ends on the changeover day. ˙ Procedures of transitional committees 50.(1) Each transitional committee may conduct its meetings in the way it considers appropriate. (2) Committee meetings are to be held at the times and places each committee decides. (3) The mayor of the City of Ipswich must call the first meeting of each committee. (4) Four members, of whom 1 must be the chairperson, form a quorum for the Ipswich Transitional Committee. (5) Three members, of whom 1 must be the chairperson, form a quorum for the Brisbane Transitional Committee and the Esk Transitional Committee. ˙ Chairpersons of transitional committees 51.(1) At the first meeting of a transitional committee, the members must elect chairperson of the committee. (2) If no decision is reached by the members present and voting, the chairpersons are— (a) for the Ipswich Transitional Committee—the nominee of the Ipswich City Council; and (b) for the Brisbane Transitional Committee—the nominee of the Moreton Shire Council; and (c) for the Esk Transitional Committee—the nominee of the Moreton Shire Council.

s 52 28 s 56 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Voting powers of chairperson of transitional committees 52. The chairperson of each transitional committee has a deliberative vote and casting vote in all decisions of the committee. ˙ Subcommittees 53.(1) The Ipswich Transitional Committee may establish the subcommittees it considers appropriate to report to it about a matter within its functions. (2) A subcommittee must consist of between 4 and 8 councillors. † Division 8—Decision-making by Ipswich Transitional Committee ˙ Meaning of “decision” in division 54. In this division— “committee” means the Ipswich Transitional Committee. “decision” of the Ipswich Transitional Committee means a resolution of the committee to give a direction to the interim chief executive officer. ˙ Decisions to be notified 55. 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 56.(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.

s 57 29 s 59 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Adjudication by Minister 57.(1) If the Minister is notified 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 58.(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; and (b) the Minister does not confirm the decision. (2) The interim chief executive officer must also comply with a direction given by the Minister under section 57(1)(c). † Division 9—Employees ˙ Meaning of “continuing employee” in division 59. In this division— “continuing employee” means a person who, under this division, becomes and continues to be an employee of the new local government.

s 60 30 s 61 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Existing employees 60.(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. (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. ˙ Officer may only be dismissed for misconduct or neglect 61.(1) In this section— “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 carry out a specific capital works project, a research project or another specific consultancy, project or task. (2) A merging local government may dismiss an officer only for misconduct or neglect. (3) If a merging local government purports to dismiss an officer other than for misconduct or neglect, the officer— (a) is not dismissed; and (b) is an officer of the merging local government immediately before the changeover day.

s 62 31 s 64 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Rationalisation of employees because of change 62.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing employee; or (b) the declaration of a continuing employee or a continuing employee’s position as redundant; or (c) a redeployment of a continuing employee; or (d) a retrenchment of a continuing employee. (2) If, within 2 years after the changeover day, the new local government starts to take a rationalisation action because of the making of this regulation, 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 set out in section 7 of attachment N of the report. ˙ Process for retrenchment of continuing employee 63. Before retrenching a continuing employee, the new local government must— (a) try to redeploy or appoint the employee to a suitable position; or (b) decide, by resolution, that redeployment of the employee, or appointment of the employee to another position, is not practicable. ˙ Salary maintenance 64.(1) This section applies if— (a) a continuing employee is redeployed, under 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 employee was entitled for the permanent position the employee held in the merging local government (the “former position” ).

s 65 32 s 65 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (2) The employee must be paid an allowance that is enough to maintain the employee’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until the end of 1 year after the employee’s appointment to the new position unless— (a) the person ceases to be an employee of the new local government; or (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. ˙ Payments to continuing employee who is retrenched or voluntarily retires 65.(1) This section applies to a continuing employee who is retrenched or voluntarily retires under this division. (2) The employee is entitled to a payment equal to the employee’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the employee— (a) must receive an amount equal to the employee’s salary for 4 weeks; but (b) must not receive an amount more than the employee’s salary for 52 weeks. (4) If the employee accepts an offer to voluntarily retire within 2 weeks of the offer being made, the employee is also entitled to a further payment equal to the employee’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 section 7 of attachment N of the report.

s 66 33 s 67 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 † PART 5—GENERAL PROVISIONS TO IMPLEMENT REVIEWABLE LOCAL GOVERNMENT MATTERS FOR AFFECTED AREAS † Division 1—Role of affected local governments ˙ Affected local governments to take over existing functions and powers 66.(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 an affected area before the changeover day but did not finish performing the function or exercising the power. (2) The affected local government for the affected area 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 affected local government for the affected area may finish the procedures. Example 2— If a person made an application to a merging local government under an Act, the affected local government for the affected area may deal with it. † Division 2—Local laws and other instruments ˙ Local laws for affected areas 67.(1) A local law of a merging local government in force immediately before the changeover day continues in force as a local law of the affected local government until 25 March 1997 unless it expires under the local law on an earlier day.

s 68 34 s 69 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (2) However, a local law mentioned in schedule 2 is not a local law of the affected local government. ˙ Application of continuing local laws 68.(1) A continuing local law continues in force only for the affected area it applied to immediately before the changeover day. (2) A continuing local law is to be read with the changes necessary to make it consistent with, and adapt its operation to, this regulation. ˙ Existing instruments 69.(1) This section applies to an instrument (other than a local law or an instrument made under the Planning Act)— (a) made by a merging local government under an Act or a local law before the changeover day about— (i) a resident in an affected area; or (ii) an owner of land in an affected area; or (iii) land in an affected area; or (iv) a person’s entitlement to carry out an activity in an affected area; and (b) 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 affected local government for the affected area 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 affected local government). (4) If the instrument authorised a person to perform an activity, it is taken to authorise the activity for the affected area it applied to immediately before the changeover day.

s 70 35 s 71 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under an Act or local law is taken to be an instrument made by the local government under the Act or law. † Division 3—Financial matters ˙ Affected local governments may levy rates made or imposed by merging local governments 70.(1) This section applies if, immediately before the changeover day, a merging local government— (a) had made or imposed a rate for land in an affected area; but (b) had not given a notice levying the rate on a person or otherwise demanded payment of the rate. (2) The affected local government for the affected area may give the person a notice levying the rate, or may otherwise demand payment of the rate, in the way the merging local government could have given the notice or demanded payment. (3) The affected local government is taken to have made or imposed the rate. ˙ Recovery of unpaid rates 71.(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 an affected 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 as if this regulation had not been made; and

s 72 36 s 72 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (b) the amount of the rate is payable by the person to the affected local government for the affected area. (3) If the time for payment of the rate had ended before the changeover day, the rate becomes payable by the person to the affected local government. (4) The affected 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 4—Planning schemes and related matters ˙ Continuing planning schemes 72.(1) This section applies to a planning scheme of a merging local government in force for an affected area immediately before the changeover day. (2) The planning scheme continues in force as a planning scheme of the affected local government for the affected area until it is replaced (in whole or part) under the Planning Act. (3) The affected 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— (a) it expires or is repealed under the continuing planning scheme; or (b) the scheme is replaced in whole or relevant part. Examples of continuing instruments— Applications, approvals and consents. (5) For this section, an instrument made under, or for the purposes of, a local government’s resolution made under a planning scheme is taken to be an instrument under the planning scheme.

s 73 37 s 76 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Affected local government responsible for continuing planning schemes 73. The affected local government must implement, administer and enforce, and is bound by, each continuing planning scheme under the Planning Act. † Division 5—Employees ˙ Meaning of “continuing employee” in division 74. In this division— “continuing employee” means a person who, under this division, becomes and continues to be an employee of the Brisbane City Council. ˙ Existing employees 75.(1) A person who, immediately before the changeover day, was an employee of a merging local government at the Carole Park Child Care Centre becomes an employee of the Brisbane City Council. (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 Brisbane City Council. ˙ Rationalisation of employees because of change 76.(1) In this section— “rationalisation action” means— (a) an appointment of a continuing employee; or (b) the declaration of a continuing employee or a continuing employee’s position as redundant; or (c) a redeployment of a continuing employee; or

s 77 38 s 78 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (d) a retrenchment of a continuing employee. (2) If, within 2 years after the changeover day, the Brisbane City Council starts to take a rationalisation action because of the making of this regulation, the Brisbane City Council must comply with the process set out in this division and, subject to this division, the Guidelines and Parameters for the Rationalisation of Staff set out in section 7 of attachment N of the report. ˙ Process for retrenchment of continuing employee 77. Before retrenching a continuing employee, the Brisbane City Council must— (a) try to redeploy or appoint the employee to a suitable position; or (b) decide, by resolution, that redeployment of the employee, or appointment of the employee to another position, is not practicable. ˙ Salary maintenance 78.(1) This section applies if— (a) a continuing employee is redeployed, under this division, to a position in the Brisbane City Council (the “new position” ); and (b) the salary for the new position is less than the salary to which the continuing employee was entitled for the permanent position the employee held in the merging local government (the “former position” ). (2) The employee must be paid an allowance that is enough to maintain the employee’s salary at the salary applying to the former position. (3) The allowance continues under subsection (2) until the end of 1 year after the employee’s appointment to the new position unless— (a) the person ceases to be an employee of the Brisbane City Council; or

s 79 39 s 80 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (b) the person is appointed to a position in the Brisbane City Council and the salary for the position is equal to, or more than, the salary for the former position. ˙ Payments to continuing employee who is retrenched or voluntarily retires 79.(1) This section applies to a continuing employee who is retrenched or voluntarily retires under this division. (2) The employee is entitled to a payment equal to the employee’s salary for 2 weeks for each year of service and a proportionate amount for an incomplete year of service. (3) However, the employee— (a) must receive an amount equal to the employee’s salary for 4 weeks; but (b) must not receive an amount more than the employee’s salary for 52 weeks. (4) If the employee accepts an offer to voluntarily retire within 2 weeks of the offer being made, the employee is also entitled to a further payment equal to the employee’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 section 7 of attachment N of the report. † PART 6—GENERAL ˙ Valuation of lands 80.(1) In this section— “valuation” of land means the unimproved value of the land under the Valuation of Land Act 1944 .

s 81 40 s 83 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 (2) A valuation of land in the new or affected areas at 1 July 1994 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 area it was when the valuation was made. ˙ Trust land 81.(1) This section applies if a local government is the trustee of trust land in area A, B, C or D immediately before the changeover day. (2) The local government for the area where the trust land is situated becomes the trustee of the land. (3) In this section— “reserve” includes land dedicated as a reserve under the Land Act 1962 . “trust land” means land comprising a reserve or deed of grant in trust. ˙ Records 82.(1) The records of each merging local government become the records of the new local government. (2) The records for an affected area become the records of the local government for the area. ˙ Facilitating changes in boundaries 83.(1) The new and affected local governments must do all acts and things necessary or desirable to facilitate the external boundaries change. (2) Without limiting subsection (1), the new and affected local governments must give each other the records necessary to enable compliance with this regulation.

s 84 41 s 87 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ˙ Reference in documents to merging and affected local governments 84.(1) In a document relating to the new area (including, for example, a contract to which a merging local government was a party), a reference to a merging or affected local government is a reference to the new local government. (2) In a document relating to an affected area (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 affected local government for the affected area. ˙ Pending legal proceedings—merging local government 85. A legal proceeding by or against a merging local government that is not finished before the changeover day may be continued and finished by or against the new local government. ˙ Pending legal proceedings—for affected local governments 86.(1) This section applies to a legal proceeding by or against a local government that— (a) relates to an affected area or area D; and (b) is not finished before the changeover day; and (c) is identified by the Minister by gazette notice. (2) The legal proceeding may be continued and finished by or against the local government controlling the area. ˙ Expiry of regulation 87.(1) This regulation expires on 31 December 1999. (2) This regulation is a law to which the Acts Interpretation Act 1954 , section 20A 12 applies. 12 Acts Interpretation Act 1954 , section 20A (Repeal does not end saving, transitional or validating effect etc.)

42 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ¡ SCHEDULE 1 † LOCAL LAWS NOT APPLYING TO NEW AREA section 24 LOCAL LAWS OF THE CITY OF IPSWICH LOCAL LAW SUBJECT MATTER 3 Proceedings and business of the council 4 Administration LOCAL LAWS OF THE CITY OF LOGAN LOCAL LAW SUBJECT MATTER 3 Proceedings, business and administrative arrangements of the council LOCAL LAWS OF THE SHIRE OF MORETON LOCAL LAW SUBJECT MATTER 3 Proceedings, business and officers of the council 18 Fees and expenses of members

43 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ¡ SCHEDULE 2 † LOCAL LAWS NOT APPLYING TO AFFECTED AREAS section 67 LOCAL LAWS OF THE SHIRE OF MORETON LOCAL LAW SUBJECT MATTER 3 Proceedings, business and officers of the council 18 Fees and expenses of members

44 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 ´ 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 (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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

45 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 ´ 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. 245 of 1996 5 December 1996 1A to SL No. 63 of 1997 13 May 1997 ´ 5 List of legislation Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 SL No. 479 made by the Governor in Council on 15 December 1994 notfd gaz 16 December 1994 pp 1792–7 pts 1, 3, 4, divs 6–8, s 61 commenced on date of notification (see s 2(1)) remaining provisions commenced 22 March 1995 (see s 2(2)) exp 31 December 1999 (see s 87(1) as ins 1999 SL No. 118 s 9) Note — The changeover day is 22 March 1995 (see ss 4, 18, gaz 31 March 1995 p 1382) as amended by— Local Government Legislation Amendment Regulation (No. 1) 1996 SL No. 245 ss 1–2, sch notfd gaz 20 September 1996 pp 255–6 commenced on date of notification Local Government Legislation Amendment Regulation (No. 1) 1997 SL No. 63 pts 1, 4 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, 4 notfd gaz 25 June 1999 pp 932–8 commenced on date of notification ´ 6 List of annotations City of Brisbane s 6 amd 1996 SL No. 245 s 2 sch

46 Local Government (Brisbane, Esk, Ipswich, Logan and Moreton) Regulation 1994 Local laws for the new area s 24 amd 1997 SL No. 63 s 7 Application of continuing local laws s 25 amd 1999 SL No. 118 s 8 Expenses over $10 000 s 43 exp 21 March 1995 (see s 43(3)) Expiry of regulation s 87 ins 1999 SL No. 118 s 9 © State of Queensland 1999