Local Government (Maroochy and Noosa) Regulation 2003
Local Government (Maroochy and Noosa) Regulation
2003
QueenslandLocal Government
Act 1993LocalGovernment(MaroochyandNoosa)Regulation2003Reprinted as in force on 13 April
2004Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2009 Act No. 17 s 291
Information about this reprintThis
regulation is reprinted as at 13 April 2004.This page is
specific to this reprint.See previous reprints for information
about earlierchangesmadeundertheReprintsAct1992.Atableofreprintsisincludedintheendnotes.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.
s15Local Government
(Maroochy and Noosa) Regulation2003Local
Government (Maroochy and Noosa)Regulation
2003s4Chapter 1Preliminary1Short
titleThisregulationmaybecitedastheLocalGovernment(Maroochy and
Noosa) Regulation 2003.2CommencementSection 6 and
chapter 41commence on the changeover day.3DefinitionsThe dictionary in
schedule 2 defines particular words used inthis
regulation.4Gazettal of changeover day(1)The Minister must, by gazette notice,
advise the changeoverday.(2)The
gazette notice must be published as soon as practicableafter
the changeover day.1Section6(Externalboundarychanges)andchapter4(AmendmentofLocalGovernment
(Areas) Regulation 1995)
s56s6Local
Government (Maroochy and Noosa) Regulation2003Chapter 2External
boundariesPart 1Objects and
delayedimplementation of reviewablelocal
government matter5Objects(1)The
objects of this chapter are—(a)toprovideforthedelayedimplementationofareviewablelocalgovernmentmatterrecommendedbythe
commission in the report; and(b)to
facilitate the implementation of the reviewable localgovernment matter.(2)Thereviewablelocalgovernmentmatterinvolveschangingthe
external boundaries of the shires of Maroochy and Noosaby
excluding a part of the Shire of Maroochy and includingthe
part in the Shire of Noosa.6External boundary
changes(1)The external boundaries of the shires
of Maroochy and Noosaare changed by excluding the
transferred area from MaroochyShire Council’s
local government area and including the areain Noosa Shire
Council’s local government area.(2)Map
number LGB 82 edition 7 shows the external boundariesoftheShireofMaroochy’slocalgovernmentareawiththetransferred area
excluded.(3)MapnumberLGB100edition6showstheexternalboundaries of the
Shire of Noosa’s local government area withthe transferred
area included.
s
77s 10Local Government
(Maroochy and Noosa) Regulation2003Part
2Conduct of 2004 quadrennialelections7Application of pt 2Thispartappliestotheconductofthe2004quadrennialelections for the
election of councillors for Maroochy ShireCouncilandNoosaShireCouncil(the2004quadrennialelections).8Conduct of 2004
quadrennial elections(1)The2004quadrennialelectionsmustbeconductedasifsection 6 had
commenced.(2)Toremoveanydoubt,itisdeclaredthatforthe2004quadrennial elections—(a)theexternalboundaryofNoosaShireCouncil’sorMaroochyShireCouncil’slocalgovernmentareaistaken to be the area’s external
boundary shown on themap for the area mentioned in section
6; and(b)an elector in the transferred area is
taken to be an electorfor the election of councillors for
Noosa Shire Council.9Qualification for office of mayor or
councillorForthequalificationsofthemayorandothercouncillors,apersonwholivesinthetransferredareaistakentoliveinNoosa Shire
Council’s local government area.10Term
of office as councillorThe term of office of a person elected
as the mayor or othercouncilloratthe2004quadrennialelectionsstartsonthechangeover day.
s
118s 12Local Government
(Maroochy and Noosa) Regulation2003Part
3Provisions for facilitatingimplementation of reviewablelocal
government matterDivision 1Role of Noosa
Shire Council11Noosa Shire Council to take over
certain functions andpowers(1)This
section applies if, under an Act—(a)a
local government may perform a function or exercise apower; and(b)theMaroochyShireCouncilstartedtoperformthefunction or exercise the power for the
transferred areabut did not finish performing the function
or exercisingthe power before the changeover day.(2)TheNoosaShireCouncilmay,fromthechangeoverday,continue to perform the function or exercise
the power.Example—If a
person has, before the changeover day, made an application
underan Act to Maroochy Shire Council about land
included in the transferredarea,NoosaShireCouncilmaydealwiththeapplicationfromthechangeover day.12Application of local laws to transferred
area(1)A local law that applied, immediately
before the changeoverday,tothetransferredareacontinues,fromthechangeoverday, to apply to
the area until Noosa Shire Council, by locallaw, applies its
local laws to the area.(2)Subsection(1)doesnotapplytoalocallawmentionedinschedule12thatappliedtothetransferredareabeforethechangeover day.2Schedule 1 (Local laws not continuing to
apply to transferred area)
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139s 13Local Government
(Maroochy and Noosa) Regulation2003Division 2Instruments13Existing instruments continue in
force(1)This section applies to an instrument,
other than a local law oran instrument made under IPA—(a)madebyMaroochyShireCouncilunderanActoralocal law before the changeover day
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)in
force immediately before the commencement of thissection.(2)For
Noosa Shire Council dealing, from the changeover day,with
an instrument made under a local law—(a)the
local law under which the instrument was made istaken
to be a local law of Noosa Shire Council; and(b)theinstrumentistakentohavebeenmadebyNoosaShire Council
under the local law and in force for thetransferred area;
and(c)NoosaShireCouncilisresponsibleforadministeringthe local law to
deal with the instrument; and(d)the
instrument continues in force until—(i)itwould,ifthetransferredareahadnotbeentransferred,haveceasedtohaveeffectunderthelocal law; or(ii)it is
amended or repealed by Noosa Shire Council.(3)For
Noosa Shire Council dealing, from the changeover day,withaninstrumentmadeunderanAct(theAct),theinstrument is
taken to have been properly made under the Actby Noosa Shire
Council and continues in force until it would,
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1410s 15Local Government
(Maroochy and Noosa) Regulation2003if
the transferred area had not been transferred, have ceased
tohave effect under the Act.14Bathing reserves(1)The
instrument ceases to have effect in relation to any of theseashore, land under the sea and the sea,
that are included inthe transferred area or are adjacent to the
transferred area.(2)In this section—instrumentmeans the order
in council made under theLocalGovernment Act
1936, and gazetted on 28 November 1987 atpage1247,declaringpartsoftheShireofMaroochytobebathing reserves.Division 3Financial mattersSubdivision
1Assets and liabilities15Assets transfer to Noosa Shire
Council(1)This section applies to Maroochy Shire
Council assets that arespecifically used for or in relation
to the transferred area.(2)The joint
transitional committee must identify the assets thatare
to transfer to Noosa Shire Council.(3)IfanassettobetransferredtoNoosaShireCouncilis,immediately before the changeover day, held
as cash, the assetmustbepaidtothecouncilwithin30daysafterthechangeover day.(4)An
amount may, at the request of Maroochy and Noosa shirecouncils, be paid by way of adjustment of
the accounts of thecouncils with Queensland Treasury
Corporation.(5)Queensland Treasury Corporation must
make the adjustmentas soon as practicable after receiving the
request.(6)On the changeover day each asset to be
transferred to NoosaShireCouncil,otherthananassetundersubsection(3),istransferred to, and becomes the asset
of, the council.
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1611s 18Local Government
(Maroochy and Noosa) Regulation200316Liabilities transfer to Noosa Shire
Council(1)This section applies to Maroochy Shire
Council liabilities tothe extent that they were incurred for
the transferred area.(2)The joint
transitional committee must identify the liabilitiesthat
are to transfer to Noosa Shire Council.(3)OnthechangeoverdayeachliabilitytobetransferredtoNoosaShireCouncilistransferredto,andbecomestheliability of, the council.17Amount for accrued annual and long
service leave forMaroochy Shire Council officers(1)MaroochyShireCouncilmust,within30daysafterthechangeover day, pay to Noosa Shire Council
the accrued leaveamountforthecouncil’sofficers(thetransferredofficers)who are, under section 26,3to be transferred to Noosa
ShireCouncil.(2)In
this section—accrued leavemeans accrued
annual and long service leave.accruedleaveamount,fortransferredofficers,meanstheamount Maroochy Shire Council would,
immediately beforethe changeover day, be liable to pay for the
officers’ accruedleave.18Sewerage infrastructure and supply of
sewerage services(1)Sewerageinfrastructureinthetransferredareathatis,immediately
before the changeover day, owned by MaroochyShire Council
remains the property of the council.(2)Maroochy Shire Council and Noosa Shire
Council must enterinto an agreement about—(a)thesupplybyMaroochyShireCouncilofsewerageservices to
residents in the transferred area; and(b)maintenance of the sewerage infrastructure;
and3Section 26 (Rationalisation of
staff)
s
1912s 20Local Government
(Maroochy and Noosa) Regulation2003(c)paymentbyNoosaShireCounciltoMaroochyShireCouncilofafeeforthesewerageservicesthatisnotmore
than the reasonable cost of providing the services.(3)The agreement must be effective on the
changeover day.Subdivision 2Rates19Levying rates(1)Thissectionappliesif,immediatelybeforethechangeoverday, Maroochy
Shire Council—(a)had made or imposed a rate on land in
the transferredarea for the quarter starting on 1 April
2004; but(b)had not given a notice levying the
rate on a person.(2)MaroochyShireCouncilmustgivethepersonanoticelevying the
rate.(3)MaroochyShireCouncilmustgiveamountsitreceivesinpaymentoftheratetoNoosaShireCouncilassoonaspracticable after
receiving the amounts.20Recovery of
unpaid rates(1)If a person fails to pay a rate made
or imposed by MaroochyShire Council under section 19(2) on
land in the transferredarea, Noosa Shire Council—(a)may take action against the person to
obtain payment ofthe rate; and(b)is
taken to have made or imposed the rate.(2)If a
person pays an amount to Noosa Shire Council after thecouncil has taken action under subsection
(1)(a)—(a)the person is taken to have complied
with the notice orother demand given by Maroochy Shire Council
undersection 19(2) to the extent of the amount
paid; and(b)iftherateonthelandincludestherateforaquarterstarting before 1
April 2004, Noosa Shire Council must
s
2113s 21Local Government
(Maroochy and Noosa) Regulation2003giveMaroochyShireCouncilamountsitreceivesinpayment of the rate for the quarter, less
the Noosa ShireCouncil’sreasonablecostsoftakingactionundersubsection
(1)(a).Division 4Planning schemes
and relatedmatters21Existing planning schemes continue(1)The existing planning scheme—(a)fromthechangeoverday,continuestoapplytothetransferred area until—(i)Noosa Shire Council amends its
planning schemeto include the area; or(ii)anewplanningschemefortheareapreparedbyNoosa Shire Council is approved under
IPA; and(b)istobeimplemented,administeredandenforcedbyNoosa
Shire Council; and(c)forparagraph(b),istakentobepartofNoosaShireCouncil’s planning scheme for the area;
and(d)binds Noosa Shire Council.(2)If, immediately before the changeover
day, an instrument is inforceundertheexistingplanningscheme,theinstrumentcontinues in
force from the changeover day until whichever ofthe
following first happens—(a)the instrument
expires or is repealed under the existingplanning
scheme;(b)the scheme, or a relevant part of it,
is replaced.(3)Subsection (2) does not stop a new
planning scheme for thetransferredareaprovidingfortheinstrumentcontinuinginforce after the changeover
day.
s
2214s 24Local Government
(Maroochy and Noosa) Regulation200322Decisions of Maroochy Shire Council
taken to bedecisions of Noosa Shire Council(1)This section applies to a decision
about land in the transferredarea made under
the existing planning scheme by MaroochyShire Council
before the changeover day.(2)From the
changeover day, the decision continues to apply tothe
land and for that purpose is taken to have been made byNoosa
Shire Council.23Outstanding applications about land in
transferred area(1)Thissectionappliestoanapplicationaboutlandinthetransferred area that—(a)was,
before the changeover day, made to the MaroochyShireCouncilunderanActortheexistingplanningscheme; but(b)was
not finally decided before the changeover day.(2)Assoonaspracticable afterthe
changeoverday,MaroochyShire Council
must—(a)if Maroochy Shire Council has, before
the changeoverday, started to assess the
application—(i)give Noosa Shire Council the results
of MaroochyShire Council’s assessment of the
application; and(ii)pay Noosa Shire Council the fees
received by it fortheapplication,lessareasonableamountforthecosts of its
assessment; or(b)otherwise—pay Noosa Shire Council the
fees receivedby it for the application.(3)Noosa Shire Council must deal with the
application from thechangeover day.24Outstanding applications requiring impact
assessment(1)This section applies if, before the
changeover day—(a)MaroochyShireCouncilreceivesadevelopmentapplication for
land in the transferred area; and
s
2515s 26Local Government
(Maroochy and Noosa) Regulation2003(b)animpactassessmentisrequiredfortheproposeddevelopment.(2)Subjecttosubsection(3),MaroochyShireCouncilmustdecide the application.(3)MaroochyShireCouncilmust,beforedecidingtheapplication,givewrittennoticeofthedevelopmentapplicationto,andconsidersubmissionsmadeby,NoosaShire
Council.(4)In this section—developmentapplicationmeansanapplicationfordevelopment approval under IPA.impact assessmentsee IPA, schedule
10.425Appeals(1)This section applies to an
appeal—(a)started before the changeover day
against a decision ofMaroochyShireCouncilmadeundertheexistingplanning scheme;
but(b)not finished before the changeover
day.(2)Fromthechangeoverday,NoosaShireCounciltakestheplace of Maroochy Shire Council in the
appeal.Division 5Staff26Rationalisation of staff(1)ThejointtransitionalcommitteemustdecidetheMaroochyShire Council
officers, if any—4IPA, 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.
s
2716s 27Local Government
(Maroochy and Noosa) Regulation2003(a)whose duties, immediatelybeforethechangeoverday,directly relate to the transferred area;
and(b)whoare,becauseofthetransfer,tobetransferredtoNoosa
Shire Council or retrenched or made redundanton the changeover
day.(2)Ifanofficerisretrenchedormaderedundantbecauseofadecision under
subsection (1)(b)—(a)theofficerisentitledtobepaidanamountfortheretrenchmentorredundancyinaccordancewiththeretrenchmentorredundancyarrangementsapplyingtothe officer immediately before the
changeover day; and(b)MaroochyShireCouncilisresponsibleforpayingthepart
of the amount attributable to the officer’s accruedentitlements; and(c)Maroochy Shire Council and Noosa Shire
Council areequallyresponsibleforpayingthebalanceoftheamount.27Entitlements of transferred officers(1)This section applies to a Maroochy
Shire Council officer whois transferred under a joint
transitional committee decision toNoosa Shire
Council (thenew position).(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)appliesonlyuntilNoosaShireCouncilenters,afterthetransfer,intoanagreementundertheIndustrial Relations Act 1999that
applies to the officer.(4)Iftheofficer’ssalaryforthenewpositionislessthanthesalarytowhichtheofficerwasentitledforthesubstantiveposition the
officer held immediately before the transfer (the
s
2817s 29Local Government
(Maroochy and Noosa) Regulation2003former 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)theofficerceasestobeanemployeeofNoosaShireCouncil; or(b)theofficerisappointedtoapositioninNoosaShireCouncilandthesalaryforthepositionisequalto,ormore than, the salary for the former
position; or(c)the end of 1 year after the officer’s
appointment to thenew position.Division 6General28Valuation of lands(1)Thevaluationoflandinthetransferredareaimmediatelybeforethechangeoverdaycontinues,fromthechangeoverday, to be the
valuation of the land until a further valuationapplies 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 1944.29Roads and
bridgesTo remove any doubt, it is declared that the
materials of allroadsandbridgesinthetransferredareabelongtoNoosaShire Council
from the changeover day.
s
3018s 33Local Government
(Maroochy and Noosa) Regulation200330References in documents to Maroochy
Shire CouncilInadocumentaboutthetransferredarea,including,forexample,acontracttowhichMaroochyShireCouncilisaparty,areferencetoMaroochyShireCouncilmay,ifthecontextpermits,betakentobeareferencetoNoosaShireCouncil.31Record of transfer of assets(1)This section applies if—(a)under section 15,5an
asset is transferred to Noosa ShireCouncil;
and(b)under another Act, a person is
responsible for keeping aregister about dealings with the
asset.6(2)Maroochy Shire
Council and Noosa Shire Council must do allacts and things
necessary to record the transfer in the register.32Pending legal proceedings(1)ThissectionappliestoalegalproceedingbyoragainstMaroochy Shire Council that—(a)is not finished before the changeover
day; and(b)is identified by the Minister by
gazette notice.(2)Thelegalproceedingmay,fromthechangeoverday,becontinued and
finished by or against Noosa Shire Council.33Duty
to facilitate changes in boundaries(1)Maroochy Shire Council must do all acts and
things necessaryordesirabletofacilitateexternalboundarychangesmadeunder this regulation.(2)Withoutlimitingsubsection(1),MaroochyShireCouncilmust give Noosa
Shire Council the records that are necessaryto enable
compliance with this regulation.5Section 15 (Assets transfer to Noosa Shire
Council)6See section 159 (Liability for State
taxes) of the Act.
s
3419s 35Local Government
(Maroochy and Noosa) Regulation2003Part
4Joint arrangementsDivision 1Joint transitional committee34Establishment of committee(1)Tofacilitatetheexternalboundarychangesmentionedinsection 6,7the
joint transitional committee is established.(2)The
committee consists of the following members—(a)2
councillors from Maroochy Shire Council;(b)2
councillors from Noosa Shire Council;(c)anindependentchairpersonagreedtobyMaroochyShire
Council and Noosa Shire Council.(3)The
independent chairperson must have extensive knowledgeandexperienceinlocalgovernment,publicadministration,law, public
finance or community affairs.(4)If
the councils can not agree on an independent chairpersonwithin 1 month after the commencement of
this section, theindependentchairpersonisthepersondecidedbytheMinister, and
appointed by the Minister by gazette notice.(5)The
independent chairperson has a deliberative and a castingvote
in the committee’s decisions.35Joint
transitional committee’s functions(1)The
joint transitional committee’s functions are—(a)todecidetheassetsandliabilitiesthataretobetransferred to Noosa Shire Council;
and(b)to settle joint agreements between
Noosa Shire Counciland Maroochy Shire Council for matters to be
decidedbecauseofthetransfer,including,forexample,thefollowing—7Section 6 (External boundary
changes)
s
3620s 36Local Government
(Maroochy and Noosa) Regulation2003(i)capital works costs;(ii)supply of sewerage services to the
transferred area;(iii)waste
collection;(iv)water charges;(v)maintenance of boundary roads;(vi)use of library and community
facilities by residentsin the transferred area;(vii)
catchment management;(viii) services,including,forexample,roadandparkmaintenance,wasteandwaterservicesandsewerage, for the transferred area;
and(c)to decide the employees, if any, who
are, because of thetransfer,tobetransferredtoNoosaShireCouncilorretrenched or made redundant; and(d)tomakerecommendationsaboutothermattersthecommittee considers
appropriate.(2)The committee must, on or before 1
February 2004, settle ajoint agreement between Noosa Shire
Council and MaroochyShireCouncilaboutthesupplyofsewerageservicestothetransferred
area.36Conduct of meetings(1)The joint transitional committee may
conduct its meetings inthe way 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 Maroochy Shire Council;(b)1
councillor from Noosa Shire Council;(c)the
chairperson.(4)Thejointtransitionalcommitteemusthaveacommitteemeeting within 21
days after its establishment.
s
3721s 40Local Government
(Maroochy and Noosa) Regulation200337Term of committeeThe joint
transitional committee ceases to exist on the day 3months after the changeover day.Division 2Decision-making
by jointtransitional committee38Notice of decisionsThejointtransitionalcommitteemust,aftermakingadecision, immediately give written notice of
the decision toMaroochyShireCouncil’sandNoosaShireCouncil’schiefexecutive officers.39Local
governments may oppose decisions(1)Maroochy Shire Council or Noosa Shire
Council may, within14daysafterreceivinganoticeundersection38,givetheMinisterwrittennoticethatitopposesthedecisionandthereasons it opposes the
decision.(2)The council must, at the same time,
give a copy of the noticeto the chief executive officer
oftheotherlocalgovernmentrepresentedonthejointtransitionalcommittee(theotherlocal government).(3)Theotherlocalgovernmentmay,within14daysafterreceivingacopyofanoticeundersubsection(2),givetheMinister a
written submission about the decision.40Failure to make decision(1)This
section applies if, in the opinion of the Maroochy ShireCouncilorNoosaShireCouncil,thejointtransitionalcommitteefails,within28daysafteritsestablishment,tomake
a decision about a matter mentioned under section 35.88Section 35 (Joint
transitional committee’s functions)
s
4122s 41Local Government
(Maroochy and Noosa) Regulation2003(2)The council may give the Minister
written notice that the jointtransitional
committee has failed to make the decision.(3)The
council must, at the same time, give a copy of the noticeto
the chief executive officer oftheotherlocalgovernmentrepresentedonthejointtransitionalcommittee(theotherlocal government).(4)Theotherlocalgovernmentmay,within14daysafterreceivingacopyofanoticeundersubsection(2),givetheMinister a
written submission about the matter.41Adjudication by Minister(1)This
section applies if the Minister receives—(a)anoticeundersection39(1)aboutajointtransitionalcommittee
decision (theopposed decision); or(b)a notice under section 40(2) about a
failure to make adecision.(2)TheMinistermust,afterconsideringeachsubmissionproperlymadebyalocalgovernmentabouttheopposeddecision or the
failure to make a decision—(a)for an opposed
decision—confirm, amend or revoke thedecision;
or(b)for a failure to make a decision—make
the decision.(3)TheMinistermustgivewrittennoticeoftheMinister’sdecisiontoMaroochyShireCouncil’sandNoosaShireCouncil’s chief executive officers.(4)The Minister may recover from Maroochy
Shire Council andNoosaShireCouncilthereasonablecostsincurredbytheMinister in taking action under this
section, in the proportionsdecided by the Minister.
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4223s 43Local Government
(Maroochy and Noosa) Regulation2003Part
5Miscellaneous42Inspection of mapsAmapmentionedinthischaptermaybeinspectedatthefollowing—(a)the
department’s head office;9(b)Maroochy Shire Council’s head office;10(c)Noosa Shire
Council’s head office.11Chapter 3Divisional boundaries43Objects(1)The
objects of this chapter are—(a)toimplementreviewablelocalgovernmentmattersrecommendedinelectoralandboundariesreviewcommission reports;12and(b)to facilitate the
implementation of the reviewable localgovernment
matters.(2)Thereviewablelocalgovernmentmattersinvolve,forMaroochy Shire Council and Noosa Shire
Council, 1 or moreof the following—(a)divisional arrangements;(b)assignment of councillors to
divisions.9The department’s head office is at 41
George Street, Brisbane.10MaroochyShireCouncil’sofficeisatthecornerofCurrieandBuryStreets,Nambour.11Noosa Shire Council’s office is at 9
Pelican Street, Tewantin.12EachreportidentifiedinthisregulationmaybeinspectedattheofficeoftheElectoral
Commission of Queensland at 160 Mary Street, Brisbane and the
publicoffice of the local government to which the
report relates.
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4424s 47Local Government
(Maroochy and Noosa) Regulation200344When implementation takes
effectEachreviewablelocalgovernmentmattermentionedinthischapter for a local government takes
effect—(a)for the purposes of the 2004
quadrennial elections forthe mayor and councillors of the local
government—onthe day this section commences; and(b)for any other purpose—on the
changeover day.45Inspection of mapsAmapmentionedinthischaptermaybeinspectedatthefollowing—(a)the
department;(b)the public office of the local
government to which themap relates.46Maroochy shire(1)Thissectionimplementsthereviewablelocalgovernmentmatters
recommended in the local government electoral andboundaries review commission report of
August 2003 called‘Reviewofdivisionalboundaries,MaroochyShireCouncil,Final
determination’.(2)The Maroochy shire is divided into 12
divisions as shown onmap number LGB82 edition 8.(3)The local government for the shire
consists of a mayor and 12other councillors.(4)One
councillor is assigned to each division.47Noosa
shire(1)Thissectionimplementsthereviewablelocalgovernmentmatters
recommended in the local government electoral andboundariesreviewcommissionreportofJuly2003called‘Review of
divisional boundaries, Noosa Shire Council, Finaldetermination’.
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4725s 47Local Government
(Maroochy and Noosa) Regulation2003(2)The Noosa shire is divided into 4
divisions as shown on mapnumber LGB100 edition 7.(3)The local government for the shire
consists of a mayor and 9other councillors.(4)Thenumberofcouncillorsassignedtoeachdivisionareasfollows—(a)division 1—3;(b)division 2—2;(c)division 3—2;(d)division 4—2.
26Local Government (Maroochy and Noosa)
Regulation2003Schedule 1Local laws not
continuing toapply to transferred areasection 12(2)Local law
3—MeetingsLocal law 10—TramwaysLocal law
55—Maroochydore aerodrome
27Local Government (Maroochy and Noosa)
Regulation2003Schedule 2Dictionarysection 32004 quadrennial
electionssee section 7.changeover
daymeans the later of the following
days—(a)theconclusionofthe2004quadrennialelectionofcouncillors of the Maroochy Shire
Council;(b)theconclusionofthe2004quadrennialelectionofcouncillors of the Noosa Shire
Council.13existingplanningschememeanstheplanningschemeMaroochy Shire Council, as in force for the
transferred areaimmediately before the changeover
day.IPAmeans theIntegrated
Planning Act 1997.jointtransitionalcommitteemeansthejointtransitionalcommittee
established under section 34(1).officer,ofMaroochyShireCouncil,meansanemployeeofthe
council 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 isengaged on a contract basis, including, for
example, acontracttosuperviseorundertakeaspecificcapitalworksproject,aresearchprojectoranotherspecificconsultancy, project or task.planningschemeincludesaformerplanningschemeunderIPA.ratemeans
a rate or charge levied or imposed under the Actby a
local government on land in the local government’s area,13See section 5 (Meaning ofconclusionof local
government election) of the Act.
28Local Government (Maroochy and Noosa)
Regulation2003Schedule 2 (continued)and
includes any interest accrued, or premium owing, on therate
or charge.reportmeansthereportofthecommissiontabledintheLegislativeAssemblyon13May2003aboutthecommission’s review of changes to the
external boundaries oftheShireofMaroochyandtheShireofNoosaatSouthPeregian
Beach.14transfer,forthetransferredarea,meansexcludethetransferred area from the Shire of
Maroochy and include thearea in the Shire of Noosa.transferred areameans the area
shown in appendix H of thereport as the area proposed to be
moved.14Thecommission’sreportmaybeinspectedatthedepartment’sofficeat126Margaret Street,
Brisbane.
29Local Government (Maroochy and Noosa)
Regulation2003Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.293Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .294Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .305List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .306List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .302Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). However, noamendments have
commenced operation on or before that day. Future amendments of
theLocal Government (Maroochy and Noosa)
Regulation 2003 may be made in accordancewith this reprint
under the Reprints Act 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
