LOCAL GOVERNMENT REGULATION 2012 NO. 236

Queensland Subordinate Legislation as Made

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LOCAL GOVERNMENT REGULATION 2012 NO. 236

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Definitions

CHAPTER 2--LOCAL GOVERNMENTS
Part 1--Local government areas, names and representation

3. What pt 1 is about
4. Names of local government areas
5. Classifications of local government areas
6. Boundaries of local government areas and any divisions
7. Number of councillors for a local government and any divisions of the local government area
Part 2--Changing a local government area, name or representation
Division 1--Changing boundaries of a local government
8. What div 1 is about
9. Communities of interest
10. Joint arrangements
11. Planning
12. Resource base sufficiency
Division 2--Changing classification of a local government area
13. Changing classification of a local government area

CHAPTER 3--THE BUSINESS OF LOCAL GOVERNMENTS
Part 1--Local laws

14. Local law register—Act, s 31
15. Anti-competitive provisions
16. Procedures for the review of anti-competitive provisions—Act, s 38
Part 2--Business reform, including competitive neutrality
Division 1--Introduction
17. What pt 2 is about
18. Reforming a significant business activity
Division 2--Identifying significant business activities for reform
19. Thresholds for significant business activities—Act, s 43(4)(b)
20. Identifying significant business activity for report—Act, s 45
Division 3--Full cost pricing
21. What div 3 is about
22. Full cost pricing
23. Cost of community service obligations
24. Community service obligations
25. Taking account of government taxes
Division 4--Commercialisation
26. What div 4 is about
27. Commercial business unit
28. What are the key principles of commercialisation
29. Converting a business unit to a commercial business unit
30. Creating a commercial business unit
Division 5--Code of competitive conduct
31. What div 5 is about
32. Elements of code of competitive conduct
33. Applying the competitive neutrality principle
34. Estimated activity statement
35. Activity statement
36. Cost of community service obligations
37. Particular roads activities not to include community service obligations
38. Building certifying activity—Act, s 47(4)(b)
39. Prescribed business activities—Act, s 47(7)
Division 6--Water and sewerage services
40. What div 6 is about
41. Full cost recovery for water and sewerage services
Division 7--Competitive neutrality complaints
Subdivision 1--Introduction
42. What div 7 is about
Subdivision 2--Complaint process
43. Application of sdiv 2
44. Minimum requirements for complaint process
45. Making a complaint
46. QCA must investigate and report on complaint
47. QCA requiring further information
48. QCA refusing to investigate
49. Notice of intention to investigate
50. Investigation by QCA
51. Matters QCA must consider when investigating
52. QCA's report on investigation
53. Public access to report
54. Information to persons given an investigation notice
55. Local government response to QCA's report
Subdivision 3--Miscellaneous provision
56. Register
Part 3--Roads and other infrastructure
Division 1--Roads
57. Prescribed particulars for register of roads—Act, s 74
Division 2--Malls
58. Other matters connected with managing, promoting or using malls—Act, s 80A
Division 3--Marine and aquatic matters
59. Harbours, jetties, breakwaters and ramps
60. Canals
61. The foreshore
62. Bathing reserves
Division 4--Other matters
63. Public thoroughfare easements
64. Boundary works
Part 4--Levy on Kuranda rail line
65. Definitions for pt 4
66. Imposition of levy
67. Payment of levy
68. Obligation to give annual statements
69. How levy is to be applied
70. Expiry

CHAPTER 4--RATES AND CHARGES
Part 1--Preliminary

71. What ch 4 is about
72. What is the value of land
Part 2--Land exempt from rating
73. Land that is exempt from rating—Act, s 93
Part 3--Value of land used for rates
74. Rateable value of land
75. Working out the 2-year averaged value
76. Working out the 3-year averaged value
Part 4--Minimum general rates
77. Minimum general rates for land generally
78. Minimum general rates on timeshare property
79. Value of mining claim for fixing minimum general rates
Part 5--Differential general rates
Division 1--Introduction
80. Differential general rates
81. Categorisation of land for differential general rates
82. Later categorisation
Division 2--Entering land to categorise land
83. Appointing categorisation officer
84. Identity card for categorisation officer
85. Exercise of power of entry
86. End of appointment of categorisation officer
87. Entering private property with written notice
Division 3--Notice of categorisation of land
88. Notice to owner of categorisation
Division 4--Objecting to rates category
89. What div 4 is about
90. Land owner's objection to rates category
91. Decision on a land owner's objection
92. Land owner's appeal against decision
93. Decision on a land owner's appeal
Part 6--Special rates and charges
94. Levying special rates or charges
95. Carrying special rates or charges forward to a later financial year
96. Surplus special rates or charges after plan is carried out
97. Surplus special rates or charges after plan is cancelled
98. Returning special rates or charges incorrectly levied
Part 7--Utility charges
99. Utility charges
100. Utility charges before facilities are constructed
101. Working out utility charges for water services
102. Reading meters for utility charges
Part 8--Separate rates and charges
103. Levying separate rates or charges
Part 9--Levying and adjusting rates and charges
Division 1--Rate notices
104. Rate notice for rates or charges
105. Other amounts under rate notice
106. Entities to whom rate notice must be given
107. Issue of and period covered by rate notice
108. Electronic issue of rate notice
Division 2--Adjusting rates or charges
109. What div 2 is about
110. Land stops being rateable land
111. Change in value
112. Change in rating category
113. Special rates become or stop being payable
114. Loss of entitlement to occupy land from State
115. Rates or charges paid before adjustment
Division 3--Other matters about levying rates or charges
116. Limitation of increase in rates or charges levied
117. Rates or charges may be levied or adjusted after end of financial year
118. When rates or charges must be paid
Part 10--Concessions
119. Concession for rates or charges
120. Criteria for granting concession
121. Types of concession
122. Resolutions for granting concession
123. Special provision for rebate for land occupied by pensioners
124. Refund of rebated rates or charges already paid
125. Special provision for agreement to defer rates or charges
126. Special provision for agreement to accept land transfer
Part 11--Paying rates and charges
127. Who must pay rates and charges
128. Paying part of rates and charges
129. Paying rates or charges by instalments
130. Discount for prompt payment of rates or charges
131. Other benefits for prompt payment
Part 12--Overdue rates and charges
Division 1--General provisions
132. What are overdue rates or charges and when do they become overdue
133. Interest on overdue rates or charges
Division 2--Court proceedings for overdue rates or charges
134. Court proceedings for overdue rates or charges
135. Selling or acquiring land ends liability for overdue rates or charges
Division 3--Selling or acquiring land for overdue rates or charges
Subdivision 1--Preliminary
136. What div 3 is about
137. Reference to market value
Subdivision 2--Selling land for overdue rates or charges
138. Selling land that is subject to a State encumbrance
139. Selling land that is subject to other restrictions
140. Notice of intention to sell land for overdue rates or charges
141. When procedures for selling land must be started
142. Procedures for selling land
143. Conduct of auction
144. Procedures after sale of land to local government
145. Procedures after sale of land other than to local government
146. Application of proceeds of sale
147. Local government's failure to comply with this subdivision
Subdivision 3--Acquiring land for overdue rates or charges
148. Application of sdiv 3
149. Requirements for notice of intention to acquire land
150. Time to start procedures to acquire
151. Acquisition procedures
Division 4--State pays overdue rates or charges
152. Satisfaction on termination of tenure
Part 13--Land record of local government
Division 1--Land record
153. What pt 13 is about
154. Land record to be kept
155. Public may inspect land record
156. Amending land record
157. Evidence of land record
Division 2--Review of decisions by QCAT to amend land record
158. Who may apply for review
159. Powers of QCAT on review
Division 3--Change in ownership of land
160. Definitions for div 3
161. Notice of change of owner of land for sale or other ownership changes for land
162. Local government to record change of owner
163. Previous owner can continue to be liable to pay rates or charges

CHAPTER 5--FINANCIAL PLANNING AND ACCOUNTABILITY
Part 1--General matters about financial management systems

164. Requirement to keep record of particular matters
Part 2--Financial planning documents
Division 1--5-year corporate plan
165. Preparation of 5-year corporate plan
166. 5-year corporate plan contents
Division 2--Long-term asset management plan
167. Preparation of long-term asset management plan
168. Long-term asset management plan contents
Division 3--Annual budget
169. Preparation and content of budget
170. Adoption and amendment of budget
171. Long-term financial forecast
172. Revenue statement
173. Unauthorised spending
Division 4--Annual operational plan
174. Preparation and adoption of annual operational plan
175. Annual operational plan contents
Part 3--Financial accountability documents
Division 1--Financial statements and report
176. Preparation of financial statements
177. General purpose financial statement
178. Financial sustainability statements
179. Community financial report
Division 2--Asset register
180. Non-current physical assets to be recorded
Division 3--Annual report
181. What div 3 is about
182. Preparation of annual report
183. Financial statements
184. Community financial report
185. Particular resolutions
186. Councillors
187. Administrative action complaints
188. Overseas travel
189. Expenditure on grants to community organisations
190. Other contents
Part 4--Financial policies
191. Investment policy
192. Debt policy
193. Revenue policy
Part 5--Community grants
194. Grants to community organisations
195. Community grants policy
Part 6--Spending
196. Entertainment and hospitality
197. Advertising spending
198. Procurement policy
Part 7--Public access to particular documents
199. Public access to relevant financial and planning documents
Part 8--Local government funds and accounts
Division 1--Trust fund
200. Trust fund
201. Transferring money to or from a trust fund
Division 2--Discretionary funds
202. Requirements about discretionary funds—Act, s 109
Part 9--Accounting records
203. Accounting records for funds generally
204. Financial report
205. Statement of estimated financial position
Part 10--Asset accounting
206. Valuation of non-current physical assets
Part 11--Auditing
Division 1--Internal audit function
Subdivision 1--Internal auditing and reporting
207. Internal audit
Subdivision 2--Audit committee
208. Application of sdiv 2
209. Prescribed class for large local government—Act, s 105
210. Audit committee composition
211. Audit committee meetings
Division 2--External auditing
212. Auditing of financial statements by auditor-general
213. Presentation of auditor-general's observation report
Part 12--Other matters
214. Required amounts for insurances—Act, s 107
215. Notice of payment of notional GST

CHAPTER 6--CONTRACTING
Part 1--Introduction

216. What ch 6 is about
Part 2--Strategic contracting procedures
217. What pt 2 is about
218. Power to choose strategic approach
219. Effect of choice
220. Contracting plans
221. Significant contracting plans
222. Contract manual
Part 3--Default contracting procedures
Division 1--Introduction
223. What pt 3 is about
Division 2--Entering into particular contracts
224. What div 2 is about
225. Medium-sized contractual arrangement—quotes needed first
226. Large-sized contractual arrangement—tenders needed first
227. Valuable non-current asset contract—tenders or auction needed first
228. Tender process
Division 3--Exceptions for medium-sized and large-sized contractual arrangements
229. What div 3 is about
230. Exception if quote or tender consideration plan prepared
231. Exception for contractor on approved contractor list
232. Exception for register of pre-qualified suppliers
233. Exception for a preferred supplier arrangement
234. Exception for LGA arrangement
235. Other exceptions
Division 4--Exceptions for valuable non-current asset contracts
236. Exceptions for valuable non-current asset contracts
Part 4--Publishing details of particular contracts
237. Publishing details of contracts worth $200000 or more
Part 5--Other matters
238. Entering into a contract under a delegation

CHAPTER 7--MONITORING AND ENFORCING LOCAL GOVERNMENT ACTS

239. Period prescribed for carrying out particular approved inspection programs—Act, s 134

CHAPTER 8--ADMINISTRATION
Part 1--Councillors
Division 1--Councillor remuneration

240. What div 1 is about
241. Establishing categories of local governments
242. Criteria for establishing categories
243. Deciding and reviewing categories to which local governments belong
244. Deciding remuneration
245. Varying remuneration
246. Remuneration schedule
247. Remuneration payable to councillor
248. Submission to vary remuneration in exceptional circumstances
Division 2--Reimbursement of expenses and provision of facilities
249. What div 2 is about
250. Requirement to adopt expenses reimbursement policy or amendment
251. Notification of adoption of expenses reimbursement policy
252. Meetings about expenses reimbursement policy
Division 3--Other matters
253. Prescribed integrity offence—Act, s 153
254. Declaration of office—Act, s 169
Part 2--Local government meetings and committees
Division 1--Local government meetings
255. What div 1 is about
256. Agenda of post-election meetings
257. Frequency and place of meetings
258. Notice of meetings
259. Quorum at meetings
260. Procedure at meetings
261. Adjournment of meetings
262. Repeal or amendment of resolutions
Division 2--Local government committees
263. What div 2 is about
264. Appointment of committees
265. Advisory committees
266. Alternate members of committees
267. Chairperson of committee
268. Frequency of meetings
269. Quorum
270. Procedure at meetings
Division 3--Common provisions for local government and committee meetings
271. What div 3 is about
272. Minutes
273. Recording of reasons for particular decisions
274. Meetings in public unless otherwise resolved
275. Closed meetings
276. Teleconferencing
277. Public notice of meetings
Part 3--Local government employees
Division 1--Disciplinary action against local government employees
278. What div 1 is about
279. When disciplinary action may be taken
280. Types of disciplinary action
281. Deductions from salary or wages
282. Suspension of employees
283. Employee to be given notice of grounds for disciplinary action
Division 2--Portability of long service leave
284. What div 2 is about
285. Continuation of particular local government employees' accrued rights to long service leave
286. Recognition of previous periods of employment for particular local government employees
287. Payment by former employer to new employer towards long service leave entitlements accrued with former employer
Part 4--Authorised persons
288. Who may be appointed as authorised persons—Act, s 202
Part 5--Register of interests
289. What pt 5 is about
290. Who maintains registers of interests
291. Contents of registers of interests
292. Obligation to notify if interest in register no longer correct
293. Who may inspect a register of interests
294. Access to particular registers of interests
295. Publication of register of interests of councillors
296. Queries on contents of register of interests
297. Improper disclosure of registers of interests

CHAPTER 9--OTHER PROVISIONS
Part 1--Way to hold a hearing

298. Procedural rules for hearings—Act, s 213
299. Witness fees—Act, s 214
Part 2--Superannuation
300. Local government entities—Act, s 216A
301. Persons eligible for membership of the scheme—Act, s 218
302. Prescribed amount of yearly contributions—Act, s 220
303. Prescribed amount of yearly contributions—Act, s 220A
304. Interest payable on outstanding contributions—Act, s 224
Part 3--Delegation of powers
305. Particulars to be contained in register of delegations—Act, s 260
Part 4--Process for resolving administrative action complaints
306. Process for resolving administrative action complaints—Act, s 268
Part 5--Other provisions
307. LGAQ Ltd.—Act, s 287

CHAPTER 10--GRANTS COMMISSION

308. What ch 10 is about
309. Recommendations
310. Allocation and distribution of financial assistance amount
311. Public may attend public hearings

CHAPTER 11--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal provision

312. Repeal
Part 2--Transitional provisions
313. Definitions for pt 2
314. Implementation of particular local government changes
315. Competitive neutrality complaints started before commencement
316. References to QCA
SCHEDULE 1 -- PRESCRIBED INFORMATION ABOUT LOCAL GOVERNMENTS
SCHEDULE 2 -- ABORIGINAL SHIRE COUNCILS
SCHEDULE 3 -- PRICING PROVISIONS
1. Definition for sch 3
2. Required revenue for deciding charges
3. Different charges for commercial reasons
4. Total costs of conducting relevant activity
5. Allocation of administrative and overhead costs
6. Cost of resources used in conducting activity
7. Depreciation
8. Equivalent amounts for taxes local government is not liable to pay
9. Guarantees by State
10. Return on capital
SCHEDULE 4 -- FINANCIAL AND NON-FINANCIAL PARTICULARS FOR REGISTERS OF INTERESTS
1. Definitions for sch 4
2. Shareholding or controlling interest in corporation
3. Officer of corporation
4. Beneficial interest in trust or nominee corporation
5. Self managed superannuation fund
6. Trustee for trust
7. Partnership and joint venture
8. Land
9. Liability
10. Debentures and similar investments
11. Savings and investment accounts
12. Gifts totalling more than $500
13. Sponsored hospitality benefit
14. Membership of political party, body or association, or trade or professional organisation
15. Other assets with value of more than $5000
16. Other sources of income of more than $500 a year
17. Other financial or non-financial interests
SCHEDULE 5 -- PRESCRIBED LOCAL GOVERNMENT ENTITIES
SCHEDULE 6 -- PRESCRIBED MEMBERS OF LG SUPER SCHEME
SCHEDULE 7 -- DICTIONARY

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