Local Government (Boonah, Brisbane, Esk, Ipswich and Laidley) Regulation 1999
Local Government (Boonah, Brisbane, Esk, Ipswich and
Laidley) Regulation 1999
QueenslandLocal Government
Act 1993LocalGovernment(Boonah,Brisbane,Esk,IpswichandLaidley)Regulation1999Reprinted as in force on 21 March
2000Reprint No. 1A*This
reprint is prepared bythe Office of the Queensland
Parliamentary CounselWarning—This reprint is not an
authorised copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee SIA s 54*Minor
differences in presentation between this reprint and another
reprint with the same number are dueto the conversion
to new styles. The content has not changed.
Information about this reprintThis
regulation is reprinted as at 21 March 2000. The reprint shows the
law as amended byall 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 listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have alsobeen made to use
aspects of format and printing style consistent with current
draftingpractice (s 35).This page is
specific to this reprint. See previous reprints for information
about earlierchanges made under the Reprints Act 1992. A
table of reprints is included in the endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s15s3Local
Government (Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Local Government (Boonah, Brisbane,
Esk,Ipswich and Laidley) Regulation 1999[as
amended by all amendments that commenced on or before 21 March
2000]Part 1Preliminary1Short
titleThisregulationmaybecitedastheLocalGovernment(Boonah,Brisbane,Esk,IpswichandLaidley)Regulation1999.2Commencement(1)Sections10and261commenceonthechangeoverdayforarea F.(2)Sections11and252commenceonthechangeoverdayforarea E.3Objects(1)The
objects of this regulation are to—(a)implementparticularreviewablelocalgovernmentmatters
recommended by the commission in the report;and(b)provideforthedelayedimplementationofparticularreviewable local
government matters recommended bythe commission in
the report; and1Sections 10 (Cities of Ipswich and
Brisbane) and 26 (Water supply facilities in areaF)2Sections 11 (City
of Ipswich and Shire of Boonah) and 25 (Water supply assets,quarries and quarry material in area
E)
s46s5Local
Government (Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(c)facilitatetheimplementationofthereviewablelocalgovernment matters.(2)This
regulation implements the reviewable local governmentmatters involving the following—(a)changing the external boundaries of
the Shire of Esk andthe City of Ipswich by excluding a part of
the shire andincluding the part in the city;(b)changing the external boundaries of
the Shire of Laidleyand the City of Ipswich by—(i)excluding a part of the shire and
including the partin the city; and(ii)excluding a part of the city and including
the partin the shire;(c)changing the external boundaries of the City
of Ipswichand the Shire of Boonah by excluding a part
of the cityand including the part in the shire.(3)Thisregulationprovidesforthedelayedimplementationofthe
reviewable local government matters involving changingthe
external boundaries of the cities of Ipswich and Brisbaneand
the Shire of Boonah by—(a)excluding a part
of the City of Ipswich and including thepart in the City
of Brisbane; and(b)excluding a part of the City of
Ipswich and including thepart in the Shire of Boonah.4DefinitionsThe dictionary in
the schedule defines particular words usedin this
regulation.5Gazettal of changeover days for areas
E and F(1)The Minister must, by gazette notice,
advise the changeoverday for each of areas E and F.(2)The gazette notice must be published
as soon as practicableafter the changeover day for the
area.
s67s8Local
Government (Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Part 2Immediate
implementation ofreviewable local governmentmattersDivision 1External boundary changes6City of Ipswich and Shire of
BoonahThe external boundaries of the City of
Ipswich and the ShireofBoonaharechangedbyexcludingareaCfromIpswichCity
Council’s local government area and including the areaindivision1ofBoonahShireCouncil’slocalgovernmentarea.7City of Ipswich and Shire of
EskThe external boundaries of the City of
Ipswich and the ShireofEskarechangedbyexcludingareaDfromEskShireCouncil’slocalgovernmentareaandincludingtheareaindivision 5 of Ipswich City Council’s local
government area.8City of Ipswich and Shire of
LaidleyThe external boundaries of the City of
Ipswich and the Shireof Laidley are changed by—(a)excludingareaAfromIpswichCityCouncil’slocalgovernment area and including the area in
Laidley ShireCouncil’s local government area; and(b)excludingareaBfromLaidleyShireCouncil’slocalgovernment area
and including the area in division 12 ofIpswich City
Council’s local government area.
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98s 10Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Division 2Identification
of new externalboundaries9Identification of new external
boundariesThe external boundaries of the City of
Ipswich and the shiresof Boonah, Esk and Laidley resulting
from a boundary changemade under division 1 are shown on the
following maps—(a)for the City of Ipswich—map number LGB
66 edition 3;(b)for the Shire of Boonah—map number LGB
17 edition2;(c)for the Shire of
Esk—map number LGB 50 edition 3;(d)for
the Shire of Laidley—map number LGB 76 edition2.Part
3Delayed implementation ofreviewable local governmentmatters10Cities of Ipswich and Brisbane(1)The external boundaries of the cities
of Ipswich and Brisbaneare changed by excluding area F from
Ipswich City Council’slocalgovernmentareaandincludingtheareainBrisbaneCity Council’s
local government area.(2)The external
boundaries of the cities of Ipswich and Brisbaneresultingfromtheboundarychangeareshownonthefollowing maps—(a)for
the City of Ipswich—map number LGB 66 edition 4;(b)for the City of Brisbane—map number
LGB 1 edition 5.33This provision
had not commenced on or before the reprint date.
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119s 13Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199911City of Ipswich and Shire of
Boonah(1)The external boundaries of the City of
Ipswich and the Shireof Boonah are changed by excluding
area E from Ipswich CityCouncil’slocalgovernmentareaandincludingtheareainBoonah Shire Council’s local government
area.(2)The external boundaries of the City of
Ipswich and the Shireof Boonah resulting from the boundary
change are shown onthe following maps—(a)for
the City of Ipswich—map number LGB 66 edition 4;(b)for the Shire of Boonah—map number LGB
17 edition3.4Part 4Conduct of 2000 quadrennialelections12Application of pt 4Thispartappliestotheconductofthe2000quadrennialelectionsfortheelectionofcouncillorsforBoonahShireCouncil, Brisbane City Council and Ipswich
City Council (the2000 quadrennial elections).13Conduct of 2000
quadrennial elections(1)The2000quadrennialelectionsmustbeconductedasifsections 10 and
11 had commenced.(2)Toremoveanydoubt,itisdeclaredthatforthe2000quadrennial elections—(a)theexternalboundaryofBoonahShireCouncil’s,Brisbane City
Council’s or Ipswich City Council’s localgovernmentareaistakentobethearea’sexternal4This provision had not commenced on or
before the reprint date.
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1410s 15Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999boundary shown on the map for the area
mentioned insection 10 or 11; and(b)anelectorinareaEistakentobeanelectorfortheelection of
councillors for Boonah Shire Council; and(c)anelectorinareaFistakentobeanelectorfortheelection of
councillors for Brisbane City Council.14Qualification for office of mayor or
councillorFor the qualifications of the mayor and
other councillors—(a)a person who lives in area E is taken
to live in BoonahShire Council’s local government area;
and(b)a person who lives in area F is taken
to live in BrisbaneCity Council’s local government area.15Term of office as councillorThe
term of office of a person elected as the mayor or othercouncillor at the 2000 quadrennial elections
starts on—(a)for Boonah Shire Council, the
changeover day for areaE; or(b)for
Brisbane City Council, the changeover day for areaF;
or(c)forIpswichCityCouncil,thelaterofthechangeoverdays mentioned in
paragraphs (a) and (b).
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1611s 17Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Part 5Provisions for
facilitatingimplementation of reviewablelocal
government mattersDivision 1Role of
receiving local government16Receiving local
government to take over certainfunctions and
powers(1)This section applies if, under an
Act—(a)a local government may perform a
function or exercise apower; and(b)atransferringlocalgovernmentstartedtoperformthefunctionorexercisethepowerforatransferredareabefore the changeover day for the area, but
did not finishperforming the function or exercising the
power.(2)Thetransferredarea’sreceivinglocalgovernmentmaycontinue to perform the function or exercise
the power.Example—Ifaperson,beforethecommencementofthissection,madeanapplication under an Act to Ipswich
City Council about land included inthe Shire of
Boonah under section 6, Boonah Shire Council may dealwith
the application.17Application of local laws to
transferred area(1)Alocallawthatappliedtoatransferredareaimmediatelybefore the
changeover day for the area continues to apply tothe
area until the area’s receiving local government, by locallaw,
applies its local laws to the area.(2)Despite subsection (1), from the changeover
day—(a)Boonah Shire Council’s local laws
apply to area E; and(b)Brisbane City Council’s local laws
apply to area F.
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1812s 18Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Division 2Instruments18Existing instruments continue in
force(1)This section applies to an instrument,
other than a local law oran instrument made under the Planning
Act, that—(a)was made by a transferring local
government under anAct or a local law before the changeover day
for an areatransferred from the local government
about—(i)a resident in the transferred area;
or(ii)an owner of land in the transferred
area; or(iii)land in the
transferred area; or(iv)a person’s entitlement to carry out an
activity in thetransferred area; and(b)isinforceimmediatelybeforethecommencementofthis
section.(2)For the transferred area’s receiving
local government dealingwith an instrument made under a local
law—(a)the local law under which the
instrument was made istakentobealocallawofthereceivinglocalgovernment; and(b)theinstrumentistakentohavebeenmadebythereceiving local
government under the local law and inforce for the
transferred area; and(c)thereceivinglocalgovernmentisresponsibleforadministering the local law to deal with the
instrument;and(d)theinstrumentcontinuesinforceuntilitwouldhaveotherwise ceased to have effect under the
local law.(3)For the receiving local government
dealing with an instrumentmade under an Act (theAct), the instrument is taken to
havebeenproperlymadeundertheActbythereceivinglocalgovernmentandcontinuesinforceuntilitwouldotherwisehave
ceased to have effect under the Act.
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1913s 22Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999Division 3Financial
mattersSubdivision 1Assets and
liabilities for areas Eand F19Application of sdiv 1This subdivision
applies only to areas E and F.20Amount payable by Boonah Shire Council to
Ipswich CityCouncilBoonahShireCouncilmustpayIpswichCityCouncil$596143.21Amount payable by Brisbane City
Council to Ipswich CityCouncilBrisbaneCityCouncilmustpayIpswichCityCouncil$1065202.80.22Amount for accrued annual and long service
leave forIpswich City Council officers(1)IpswichCityCouncilmustpaytoeachreceivinglocalgovernmenttheaccruedleaveamountforthecouncil’sofficers
(thetransferred officers) who are to be
transferred tothe receiving local government under section
38.5(2)In this
section—accrued leavemeans accrued
annual and long service leave.accruedleaveamount,fortransferredofficers,meanstheamount Ipswich City Council would be liable
to pay for theofficers’accruedleavecalculatedimmediatelybeforethechangeover day for the area
transferred to the receiving localgovernment under
part 3.5Section 38 (Rationalisation of
staff)
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2314s 24Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199923Plant and equipment used by
transferred officers(1)Thissectionappliestoplantandequipmentusedonafull-time basis
by transferred officers.(2)BeforethechangeoverdayforareaE,theIpswich/BoonahjointtransitionalcommitteemustdecidetheplantandequipmentthatistovestinBoonahShireCouncilonitschangeover day.(3)Before the changeover day for area F, the
Brisbane/IpswichjointtransitionalcommitteemustdecidetheplantandequipmentthatistovestinBrisbaneCityCouncilonitschangeover day.(4)Plant
and equipment decided by a joint transitional committeefor
vesting in a receiving local government under subsection(2)
or (3)—(a)must be of the average standard of
plant and equipmentofthetypeusedbyIpswichCityCouncilinitslocalgovernment area;
and(b)arevestedinthereceivinglocalgovernmentonitschangeover
day.(5)In this section—changeover
day, for a receiving local government, means
thechangeover day for an area transferred to
the receiving localgovernment under part 3.used on a
full-time basis, by a transferred officer, means
plantand equipment normally used by the officer
in the officer’sfull-time employment with Ipswich City
Council.24Ipswich City Council capital works
expenditure after 30June 1998(1)This
section applies to Ipswich City Council’s net expenditureincurred after 30 June 1998 for capital
works in areas E and F.(2)BoonahShireCouncilmustpaytoIpswichCityCouncilone-half of the
net expenditure incurred for capital works inarea
E.
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2515s 25Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(3)BrisbaneCityCouncilmustpaytoIpswichCityCouncilone-half of the
net expenditure incurred for capital works inarea F.(4)If the works are to be carried out in
the 1999/2000 financialyear, this section applies to the net
expenditure for the worksonly if the capital works are approved
by the relevant jointtransitional committee for the
area.(5)In this section—net
expenditure, for capital works, means the amount of
theexpenditurelessanyCommonwealthorStategovernmentsubsidies received for the works.25Water supply assets, quarries and
quarry material in areaE(1)Water supply assets in area E remain the
property of IpswichCity Council.(2)IpswichCityCouncilandBoonahShireCouncilmustenterintoanagreementaboutthesupplyofwatertoresidentsinarea
E, and maintenance of the water supply assets.(3)Theagreementmustbeeffectiveonthechangeoverdayforarea E.(4)ThefollowingassetsthatarethepropertyofIpswichCityCouncil immediately before the changeover
day for the arearemain the property of the council—(a)lot 2 on registered plan
115777;(b)crushed gravel on land located on
Schimke Road, off theRosevale-AratulaRoadandidentifiedinthereport,volume 1, item
6.10.(5)In this section—watersupplyassetsmeansgroundstoragetanksandthewater supply
system.
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2616s 27Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199926Water supply facilities in area
F(1)Water supply facilities owned by
Ipswich City Council in areaF remain the
property of the council.(2)BrisbaneandIpswichcitycouncilsmustenterintoanagreementaboutthesupplyofwatertoresidentsinareaFand
maintenance of the water supply facilities.(3)Theagreementmustbeeffectiveonthechangeoverdayforarea F.(4)In
this section—watersupplyfacilitiesmeansbulkwatersupplydeliverymains over 300mm in diameter.627Vesting of other
assets(1)This section applies to an Ipswich
City Council asset that—(a)is used for or in
relation to area E or F; and(b)is
not otherwise mentioned in this subdivision.(2)TheBrisbane/IpswichjointtransitionalcommitteemustdecidewhichoftheassetsaretovestinBrisbaneCityCouncil.(3)The
Ipswich/Boonah joint transitional committee must decidewhich
of the assets are to vest in Boonah Shire Council.(4)Onmakingadecisionundersubsection(2)or(3),ajointtransitional
committee must prepare, and give to the Minister,a
schedule identifying the assets that are to vest in BrisbaneCity
Council or Boonah Shire Council.(5)Ifajointtransitionalcommitteedoesnotcomplywithsubsection(4)by30June2000,theMinistermustdecidewhichoftheassetsaretovestinBrisbaneCityCouncilorBoonah Shire Council.(6)The
Minister must, by gazette notice, state—(a)each
asset that is to vest in a local government under thissection; and6These
provisions had not commenced on or before the reprint
date.
s
2817s 29Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(b)the local government in which the
asset is to vest.(7)The asset vests in the stated local
government—(a)on the day the notice is gazetted;
or(b)on a later day stated in the
notice.28Paying amounts under this
subdivision(1)An amount required to be paid by
Ipswich City Council to areceivinglocalgovernmentorbyareceivinglocalgovernmenttothecouncilunderthissubdivision,mustbepaidwithin30daysafterthechangeoverdayforanareatransferred to the receiving local
government under part 3.(2)An amount may, at
the request of the Ipswich City Counciland the relevant
receiving local government, be paid by wayof adjustment of
the accounts of the council and the receivinglocal government
with Queensland Treasury Corporation.(3)Queensland Treasury Corporation must make
the adjustmentas soon as practicable after receiving the
request.Subdivision 2Rates29Levying rates for areas A, B, C and
D(1)Thissectionappliesif,immediatelybeforethechangeoverdayforareaA,B,CorD,thearea’stransferringlocalgovernment—(a)made
or imposed a rate on land in the area; but(b)had
not given a notice levying the rate on a person orotherwise demanded payment of the
rate.(2)The area’s receiving local government
may give the person anotice levying the rate, or may
otherwise demand payment oftherate,inthesamewayasthearea’stransferringlocalgovernmentcouldhavegiventhenoticeordemandedpayment.(3)The area’s receiving local government
is taken to have madeor imposed the rate.
s
3018s 32Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199930Recovery of unpaid rates for areas A,
B, C and D(1)This section applies if—(a)beforethechangeoverdayforatransferredareathearea’s transferring local government
made and levied, orimposed and levied, a rate about land in the
area on aperson; and(b)immediately before the changeover day the
rate had notbeen paid.(2)If
the time for payment of the rate had not ended before thechangeover day—(a)the
time continues to run; and(b)the amount of the
rate is payable by the person to thetransferring
local government.(3)Ifthetimeforpaymentoftherateendedbeforethechangeover day, the rate, and any
interest accruing on the rate,is payable by the
person to the transferring local government.31Levying rates for areas E and F(1)Thissectionappliesif,immediatelybeforethechangeoverday for area E or
F, Ipswich City Council—(a)madeorimposedarateonlandintheareaforthequarter starting
1 April 2000; but(b)had not given a notice levying the
rate on a person.(2)Ipswich City Council must give the
person a notice levyingthe rate.(3)IpswichCityCouncilmustgiveamountsitreceivesinpayment of the rate to the receiving local
government as soonas practicable after receiving the
amounts.32Recovery of unpaid rates for areas E
and F(1)If a person fails to pay a rate made
or imposed on land in areaE or F by Ipswich City Council under
section 31(2)—
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3319s 33Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(a)thearea’s
receivinglocal governmentmaytakeactionagainst the
person to obtain payment of the rate; and(b)for
the purpose, is taken to have made or imposed therate.(2)If a
person pays an amount to the receiving local governmentafter
the receiving local government has taken action undersubsection (1)(a), the person is taken to
have complied withthenoticeorotherdemandgivenbyIpswichCityCouncilunder section
31(2).Division 4Planning schemes
and relatedmatters33Existing planning schemes continue(1)An existing planning scheme for a
transferred area—(a)continues to apply to the area
until—(i)its receiving local government amends
its planningscheme to include the area; or(ii)a new planning scheme for the area
prepared by itsreceiving local government is approved under
thePlanning Act; and(b)is to
be implemented, administered and enforced by thereceivinglocalgovernmentsofarasitrelatestothetransferred area; and(c)forparagraph(b),istakentobepartofthereceivinglocal
government’s planning scheme for the area; and(d)binds
the receiving local government.(2)An
instrument in force under an existing planning scheme fora
transferred area, immediately before the changeover day forthe
transferred area, continues in force until whichever of thefollowing first happens—(a)the
instrument expires or is repealed under the existingplanning scheme;(b)the
scheme or a relevant part of it is replaced.
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3420s 35Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199934Decisions of transferring local
government taken to bedecisions of receiving local
government(1)This section applies to a decision
about land in a transferredarea made, under an existing planning
scheme, by the area’stransferring local government before
the changeover day forthe area.(2)Thedecisioncontinuestoapplytothelandandforthatpurpose is taken
to have been made by the area’s receivinglocal
government.35Outstanding applications about land in
areas transferredunder pt 2(1)This
section applies to an application aboutlandin an
areatransferred under part 2 that—(a)wasmadetothearea’stransferringlocalgovernmentunder an Act or
an existing planning scheme, before thechangeover day
for the area; but(b)was not finally decided before the
changeover day.(2)Assoonaspracticableafterthechangeoverday,thetransferring local government must pay
the fees received by itfor the application to the area’s
receiving local government.(3)Thereceivinglocalgovernmentmustdealwiththeapplication.(4)If,beforethechangeoverday,thetransferringlocalgovernmentstartedtoinvestigatetheapplication,itissufficientcompliancewithsubsection(2)if,assoonaspracticableafterthechangeoverday,thetransferringlocalgovernment gives the receiving local
government—(a)theresultsofthetransferringlocalgovernment’sinvestigation of
the application; and(b)the fees received by it, less a
reasonable amount for thecosts of its
investigation.
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3621s 37Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199936Outstanding applications about land in
areas E and F(1)This section applies if, before the
changeover day for area Eor F—(a)IpswichCityCouncilreceivesadevelopmentapplication for
land in the area; and(b)animpactassessmentisrequiredfortheproposeddevelopment.(2)Subject to subsections (3) and (4), Ipswich
City Council mustdecide the application.(3)IftheareatransferstotheShireofBoonahunderpart3,IpswichCityCouncilmustgivewrittennoticeofthedevelopmentapplicationtoBoonahShireCouncilandconsidersubmissionsmadebytheshirecouncilbeforedeciding the application.(4)IftheareatransferstotheCityofBrisbaneunderpart3,IpswichCityCouncilmustgivewrittennoticeofthedevelopmentapplicationtoBrisbaneCityCouncilandconsider submissions made by Brisbane City
Council beforedeciding the application.(5)In this section—developmentapplicationmeansanapplicationfordevelopmentapprovalundertheIntegratedPlanningAct1997.impactassessmentseetheIntegratedPlanningAct1997,schedule 10.737Appeals(1)This
section applies to an appeal—(a)started before the changeover day for a
transferred areaagainstadecisionofthearea’stransferringlocal7Integrated Planning Act 1997,
schedule 10 (Dictionary)—impact assessmentmeans the
assessment (other than code assessment) of—(a)the
environmental effects of proposed development; and(b)the ways of dealing with the
effects.
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3822s 38Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999governmentmadeunderanexistingplanningschemefor the area;
but(b)not finished before the changeover
day.(2)The area’s receiving local government
takes the place of thetransferring local government in the
appeal.Division 5Staff38Rationalisation of staff(1)TheBrisbane/Ipswichjointtransitionalcommitteemustdecide the Ipswich City Council
officers, if any—(a)whoseduties,immediatelybeforethechangeoverdayfor
area F, directly relate to the area; and(b)who,becauseofthearea’stransfertotheCityofBrisbane under part 3, are to be
transferred to BrisbaneCityCouncilorretrenchedormaderedundantonthechangeover day.(2)If an
officer is retrenched or made redundant under subsection(1)—(a)theofficerisentitledtobepaidanamountfortheretrenchmentorredundancyinaccordancewiththeretrenchmentorredundancyarrangementsapplyingtothe officer immediately before the
changeover day forarea F; and(b)Ipswich City Council is responsible for
paying the partoftheamountattributabletotheofficer’saccruedentitlements; and(c)IpswichCityCouncilandBrisbaneCityCouncilareequallyresponsibleforpayingthebalanceoftheamount.(3)The
Ipswich/Boonah joint transitional committee must decidethe
Ipswich City Council officers, if any—(a)whoseduties,immediatelybeforethechangeoverdayfor
area E, directly relate to the area; and
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3923s 39Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(b)who,becauseofthearea’stransfertotheShireofBoonahunderpart3,aretobetransferredtoBoonahShire Council or
retrenched or made redundant on thechangeover
day.(4)If an officer is retrenched or made
redundant under subsection(3)—(a)theofficerisentitledtobepaidanamountfortheretrenchmentorredundancyinaccordancewiththeretrenchmentorredundancyarrangementsapplyingtothe officer immediately before the
changeover day forarea E; and(b)Ipswich City Council is responsible for
paying the partoftheamountattributabletotheofficer’saccruedentitlements; and(c)IpswichCityCouncilandBoonahShireCouncilareequallyresponsibleforpayingthebalanceoftheamount.39Entitlements of transferred officers(1)This section applies to an Ipswich
City Council officer who istransferred to Boonah Shire Council or
Brisbane City Council(thenewposition)underajointtransitionalcommitteedecision.(2)The
officer is entitled to—(a)all existing and
accruing rights of employment applyingto the officer
immediately before the transfer; and(b)employment in the new position on conditions
that arenolessfavourabletotheofficerthantheconditionsunderwhichtheofficerwasemployedimmediatelybefore the
transfer.(3)Subsection (2)(b) applies only until
the local government towhich the officer is transferred
enters into an agreement undertheWorkplaceRelationsAct1997,afterthetransfer,thatapplies to the officer.(4)Iftheofficer’ssalaryforthenewpositionislessthanthesalarytowhichtheofficerwasentitledforthepermanent
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4024s 41Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999position the officer held immediately before
the transfer (theformer position), the officer
must be paid an allowance that isenough to
maintain the officer’s salary at the salary applyingto
the former position.(5)Subsection (4) applies only
until—(a)theofficerceasestobeanemployeeofthelocalgovernment to which the officer is
transferred; or(b)theofficerisappointedtoapositioninthelocalgovernment to
which the officer is transferred and thesalaryforthepositionisequalto,ormorethan,thesalary for the former position;
or(c)the end of 1 year after the officer’s
appointment to thenew position.Division 6General40Valuation of lands(1)The
valuation of land in a transferred area immediately beforethe
changeover day for the area continues to be the valuationof
the land until a further valuation applies to the land.(2)Subsection (1) applies subject to an
objection or appeal undertheValuation of
Land Act 1944about the valuation, but theobjection or appeal may not be based on the
fact that the landis no longer in the same local government
area as it was at thetime of the valuation.(3)In this section—valuation, of
land, means the unimproved value of the landunder theValuation of Land Act 1944.41Roads and
bridgesTo remove any doubt, it is declared that the
materials of allroadsandbridgesinatransferredareabelongtothearea’sreceiving local
government.
s
4225s 45Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 199942References in documents to
transferring localgovernmentInadocumentaboutatransferredarea(including,forexample,acontracttowhichthearea’stransferringlocalgovernmentisaparty),areferencetothetransferringlocalgovernmentmay,ifthecontextpermits,betakentobeareference to the
area’s receiving local government.43Record of vesting of assets(1)This section applies if—(a)undersection27,8anassetisvestedinatransferredarea’s receiving
local government; and(b)under another Act
a person is responsible for keeping aregister about
dealings with the asset.(2)The transferring
and receiving local governments must do allacts and things
necessary to record the vesting in the register.44Pending legal proceedings(1)Thissectionappliestoalegalproceedingbyoragainstatransferred area’s transferring local
government that—(a)is not finished before the changeover
day for the area;and(b)is identified by
the Minister by gazette notice.(2)Thelegalproceedingmaybecontinuedandfinishedbyoragainstthearea’sreceivinglocalgovernmentstatedbytheMinister in the gazette notice for the
legal proceeding.45Duty to facilitate changes in
boundaries(1)A transferred area’s transferring
local government must do allactsandthingsnecessaryordesirabletofacilitateexternalboundary changes made under this
regulation.8Section 27 (Vesting of other
assets)
s
4626s 46Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(2)Withoutlimitingsubsection(1),thetransferringlocalgovernment must give the area’s receiving
local governmentthe records that are necessary to enable
compliance with thisregulation.Part 6Joint
arrangementsDivision 1Joint
transitional committees46Establishment of
committees(1)Tofacilitatetheexternalboundarychangesmentionedinsection 10,9the
Brisbane/Ipswich joint transitional committeeis
established.(2)The committee consists of the
following members—(a)2 councillors from Brisbane City
Council;(b)2 councillors from Ipswich City
Council;(c)anindependentchairpersonagreedtobytheBrisbaneand Ipswich city
councils.(3)Tofacilitatetheexternalboundarychangesmentionedinsection 11,10the
Ipswich/Boonah joint transitional committeeis
established.(4)The committee consists of the
following members—(a)2 councillors from Boonah Shire
Council;(b)2 councillors from Ipswich City
Council;(c)anindependentchairpersonagreedtobytheBoonahShire Council and
Ipswich City Council.(5)If the councils
can not agree on an independent chairpersonwithin 2 months
after the commencement of this section, the9Section 10 (Cities of Ipswich and
Brisbane)10Section 11 (City of Ipswich and Shire
of Boonah)
s
4727s 48Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999independent chairperson is the person
decided and appointedby the Minister by gazette
notice.(6)The independent chairperson has a
deliberative and a castingvote in the committee’s
decisions.47Brisbane/Ipswich joint transitional
committee’s functionsThe Brisbane/Ipswich joint
transitional committee’s functionsare—(a)to decide the assets that are to be
vested in the BrisbaneCity Council after the changeover day
for area F; and(b)tosettlejointagreementsbetweentheBrisbaneandIpswich city councils for matters arising
because of thetransfer of area F to the City of Brisbane
under part 3,including the following—(i)capital works expenditure;(ii)water supply to a transferred
area;(iii)maintenance of
boundary roads;(iv)use of library and community
facilities by residentsin the transferred area;(v)catchment management;(c)todecidetheemployees,ifany,who,becauseofthetransfer of area
F to the City of Brisbane under part 3,aretobetransferredtoBrisbaneCityCouncilorretrenched or made redundant;(d)to enter contracts for services,
including, for example,electricity, sewerage, waste and water
services, for thearea;(e)tomakerecommendationsaboutothermattersthecommittee considers
appropriate.48Ipswich/Boonah joint transitional
committee’s functionsThe Ipswich/Boonah joint transitional
committee’s functionsare—
s
4928s 49Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(a)to decide the assets that are to be
vested in the BoonahShire Council after the changeover day for
area E; and(b)tosettlejointagreementsbetweentheBoonahShireCouncilandIpswichCityCouncilformattersarisingbecause of the transfer of area E to the
Shire of Boonahunder part 3, including the
following—(i)capital works expenditure;(ii)water supply to a transferred
area;(iii)theuseofrecyclingandrefusefacilitiesinFaulkners Quarry Road;(iv)maintenance of boundary roads;(v)use of library and community
facilities by residentsin a transferred area;(vi)catchment management;(c)todecidetheemployees,ifany,who,becauseofthetransfer of area
E to the Shire of Boonah under part 3,aretobetransferredtoBoonahShireCouncilorretrenched or made redundant;(d)to enter contracts for services,
including, for example,electricity, sewerage, waste and water
services, for thearea;(e)tomakerecommendationsaboutothermattersthecommittee considers
appropriate.49Conduct of meetings(1)A joint transitional committee may
conduct its meetings in theway it considers appropriate.(2)Committee meetings are to be held at
the times and places thecommittee decides.(3)The
following 3 members form a quorum—(a)1
councillor from Ipswich City Council;
s
5029s 53Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(b)1councillorfromtheotherlocalgovernmentformingthe
committee;(c)the chairperson.50Term
of committeeAjointtransitionalcommitteeceasestoexiston30June2000.Division 2Decision-making
by jointtransitional committees51Decisions to be notifiedAfter making a
decision, a joint transitional committee mustimmediately give
written notice of the decision to the chiefexecutive officer
of each local government represented on thecommittee.52Local governments may oppose
decisions(1)Within14daysafterreceivinganoticeundersection51,alocal government may give the Minister
written notice that thelocalgovernmentopposesthedecisionandthereasonsitopposes the decision.(2)The
local government must, at the same time, give a copy ofthenoticetothechiefexecutiveofficeroftheotherlocalgovernmentrepresentedonthejointtransitionalcommittee(theother local
government).(3)Within14daysafterreceivingacopyofanoticeundersubsection(2),theotherlocalgovernmentmaygivetheMinister a
written submission about the decision.53Adjudication by Minister(1)ThissectionappliesiftheMinisterreceivesanoticeundersection52(1)aboutajointtransitionalcommitteedecision(theopposed decision).
s
5430s 55Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999(2)The Minister must, after considering
any submission properlymadebyalocalgovernmentabouttheopposeddecision,confirm or revoke it.(3)TheMinistermustgivewrittennoticeoftheMinister’sdecisiontothechiefexecutiveofficerofeachlocalgovernment
represented on the committee.Part 7Miscellaneous54Inspection of mapsA map mentioned
in this regulation may be inspected at—(a)the
department’s head office;11or(b)thelocalgovernmentheadofficeforthelocalgovernment area
the boundary of which is shown on themap.12Part 8Transitional55Existing exemptions from rating for land in
area F(1)This section applies to land in area F
that, immediately beforethechangeoverdayforthearea,wasexemptfromrating11The
department’s head office is at 111 George Street, Brisbane.12Boonah Shire Council, 70 High Street,
Boonah;Brisbane City Council, 67 Ann Street,
Brisbane;Esk Shire Council, 2 Redbank Street,
Esk;Ipswich City Council, 50 South Street,
Ipswich;Laidley Shire Council, Spicer Street,
Laidley.
s
5531s 55Local Government
(Boonah, Brisbane, Esk, Ipswichand Laidley)
Regulation 1999under the Act, section 957(1)(f).13(2)The
exemption—(a)is taken to have been given under
theCity of BrisbaneAct 1924,
section 47(1)(c);14and(b)continues to apply until 30 June
2001.13Section 957 (What land is rateable?)
of the Act14City of Brisbane Act 1924,
section 47 (What land is rateable?)
32Local Government (Boonah, Brisbane,
Esk, Ipswichand Laidley) Regulation 1999ScheduleDictionarysection 42000 quadrennial
electionssee section 12.area Ameans
area A shown on map number LGR 7.area Bmeans
area B shown on map number LGR 7.area Cmeans
area C shown on map number LGR 7.area Dmeans
area D shown on map number LGR 7.area Emeans
area E shown on map number LGR 7.area Fmeans
area F shown on map number LGR 7.Brisbane/IpswichjointtransitionalcommitteemeanstheBrisbane/Ipswichjointtransitionalcommitteeestablishedunder section
46(1).changeover daymeans—(a)for area A, B, C or D—the commencement
of part 2; or(b)for area E—the later of the following
days—(i)the day on which the last declaration
for the 2000triennial election of councillors of the
Ipswich CityCouncil is displayed in the council’s public
officeunder section 371(2)(a) of the Act;(ii)the day on which the last declaration
for the 2000triennialelectionofcouncillorsoftheBoonahShire Council is
displayed in the council’s publicoffice under
section 371(2)(a) of the Act; or(c)for
area F—the later of the following days—(i)the
day on which the last declaration for the 2000triennial
election of councillors of the Ipswich CityCouncil is
displayed in the council’s public officeunder section
371(2)(a) of the Act;(ii)thedayonwhichthenameofthelastcandidateelected at the 2000 triennial election of
councillors
33Local Government (Boonah, Brisbane,
Esk, Ipswichand Laidley) Regulation 1999Schedule 1 (continued)oftheBrisbaneCityCouncilispublishedinthegazetteundertheElectoralAct1992,section123(2)(c).existing
planning scheme, for a transferred area, means theplanning scheme in force for the area
immediately before thechangeover day for the area.Ipswich/BoonahjointtransitionalcommitteemeanstheIpswich/Boonahjointtransitionalcommitteeestablishedunder section
46(3).jointtransitionalcommitteemeanstheBrisbane/IpswichjointtransitionalcommitteeortheIpswich/Boonahjointtransitional committee.officer, of
Ipswich City Council, means an employee of thecouncil other
than—(a)anemployeewhohasbeenengagedonatemporarybasis for less
than 1 year; or(b)an employee engaged on a casual basis;
or(c)a person who has not been appointed to
a position and isengagedonacontractbasisincluding,forexample,acontracttosuperviseorundertakeaspecificcapitalworksproject,aresearchprojectoranotherspecificconsultancy, project or task.Planning Actmeans theIntegrated Planning Act 1997.planningschemeincludesaformerplanningschemeunderthe
Planning Act.ratemeans a rate or charge levied or
imposed under the Actby a local government on land in the
local government’s area,and includes any interest accrued, or
premium owing, on therate or charge.receiving local
governmentmeans—(a)for a
transferred area—the local government for the areaafter
the changeover day for the area; and
34Local Government (Boonah, Brisbane,
Esk, Ipswichand Laidley) Regulation 1999Schedule 1 (continued)(b)forpart5,division3,subdivision1—BoonahShireCouncil or
Brisbane City Council.reportmeansthereportofthecommissiontabledintheLegislativeAssemblyon20October1998aboutthecommission’sreviewofpossiblechangestotheexternalboundaries of the cities of Ipswich and
Brisbane and the shiresof Boonah, Laidley and Esk.15reviewable local government
mattermeans a reviewable localgovernment matter
mentioned in the report.transfer,anarea,meansexcludetheareafromalocalgovernmentareaandincludetheareainanotherlocalgovernment area.transferred
areameans area A, B, C, D, E or F.transferred officerfor part 5,
division 3, subdivision 1, seesection
22(1).transferring local government, for
a transferred area, meansthe local government for the area
before the changeover dayfor the area.15Thecommission’sreportmaybeinspectedatthedepartment’sofficeat126Margaret Street,
Brisbane.
35Local Government (Boonah, Brisbane,
Esk, Ipswichand Laidley) Regulation 1999Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.353Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .354Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .365List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .366List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .362Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 21 March 2000.FutureamendmentsoftheLocalGovernment(Boonah,Brisbane,Esk,IpswichandLaidley) Regulation 1999 may be made in
accordance with this reprint under the ReprintsAct 1992, section
49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered
36Local Government (Boonah, Brisbane,
Esk, Ipswichand Laidley) Regulation 19994Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11AAmendments
includednone2000 SL No. 42Effective5
February 199917 March 2000Reprint
date4 March 199921 March
20005List of legislationLocal
Government (Boonah, Brisbane, Esk, Ipswich and Laidley) Regulation
1999SL No. 5made by the
Governor in Council on 4 February 1999notfd gaz 5
February 1999 pp 393–4ss 10, 26 commence on the changeover
day for area F (see ss 2(1) and 4 sch 2 def“changeover
day”)ss 11, 25 commence on the changeover day for
area E (see s 2(2) and 4 sch 2 def“changeover
day”)remaining provisions commenced on date of
notificationexp 1 September 2009 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Local
Government Legislation Amendment Regulation (No. 1) 2000 SL No. 42
pts 1,3notfd gaz 17 March 2000 pp
1052–3commenced on date of notification6List of annotationsDefinitionss 4amd
2000 SL No. 42 s 5PART 4—CONDUCT OF 2000 QUADRENNIAL
ELECTIONSpt hdgamd 2000 SL No.
42 s 6Application of pt 4s 12amd
2000 SL No. 42 s 7Conduct of quadrennial electionsprov
hdgamd 2000 SL No. 42 s 8(1)s
13amd 2000 SL No. 42 s 8(2)
