Queensland Consolidated Acts Queensland Consolidated Actsadditional territorial unit, of a local government, has the meaning given by section 23.
administrative action, for chapter 6, part 5, see section 501C.
affected area, for a reviewable local government matter, means an area, or part of an area, prescribed under a regulation for the matter.
affected elector means--
(a) for an affected area (that is not divided into voting areas) for a reviewable local government matter for which a referendum is to be held in relation to an electoral and boundaries review commission's proposed determination of the matter--a person who, on the referendum roll cut off day, is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the affected area; or
(b) for a voting area of an affected area for a reviewable local government matter for which a referendum is to be held for an electoral and boundaries review commission's proposed determination of the matter--a person who, on the referendum roll cut off day, is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the voting area.
affected person, for chapter 6, part 5, see section 501B.
appeal tribunal means an appeal tribunal established under this Act to hear an appeal about the decision about which the expression is used.
appointer, of a local government employee, means--
(a) for the chief executive officer--the local government; or
(b) for a senior executive officer appointed by the local government--the local government; or
(c) for another employee--the chief executive officer.
approved form see section 1202.
approved inspection program see section 1098.
approves, a referendum question, see section 124(2) to (4).
asset disposal plan, for a local government, means its most recent asset disposal plan under section 483I, as amended from time to time under section 483M.
auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009.
authorised person--
(a) in chapter 3, part 2--means a person who is appointed under section 167; and
(b) in chapter 14, part 3, division 2--has the meaning given by section 980; and
(c) in chapter 15, part 5--has the meaning given by section 1082.
basic territorial unit, of a local government, has the meaning given by section 22.
budget meeting, of a local government, means a meeting of the local government at which it adopts its budget for a financial year.
category of local government, for chapter 4, part 3, division 3, means each category of local government established under section 250AH.
certified copy, of a local government's local law or subordinate local law, means a copy of the local law or subordinate local law certified by the local government's chief executive officer to be the local law or subordinate local law as made by the local government.
chairperson, of an expanded commission, means--
(a) if the commission is a special commission--the member mentioned in section 67(1)(a); or
(b) if paragraph (a) does not apply--the commission member who is the commissioner or deputy commissioner.
cleansing services includes services for the removal of nightsoil, refuse or recyclable material.
CMC means the Crime and Misconduct Commission under the Crime and Misconduct Act 2001.
combined form means a form that--
(a) gives information required by this Act and other Acts about a change of ownership of land; and
(b) may be given to the registrar of titles.
commercial business unit, of a local government, see section 578.
commission means the Local Government Grants Commission.
committee, for chapter 4, part 3A, see section 250B.
common effluent drainage means a sewerage system for carrying off effluent from premises after treatment in an on-site sewerage facility for the premises.
Commonwealth Superannuation Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).
community deed of grant in trust see sections 1281(5) and 1286(5).
community forum see section 159ZZJ.
community titles Act means--
• the Building Units and Group Titles Act 1980
• the Integrated Resort Development Act 1987
• the Mixed Use Development Act 1993
• another Act prescribed by regulation.
company limited by shares has the same meaning as in the Corporations Act.
complaint, for chapter 6, part 5, see section 501B.
component local government means a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments.
compulsory referendum see section 92.
conduct review panel, for a local government, means the conduct review panel convened by the local government as required under chapter 4, part 3A.
consolidated version, of a local law or subordinate local law, means a document that accurately combines a local government's local law or subordinate local law, as originally made, with all amendments made to the local law or subordinate local law since the local law or subordinate local law was originally made.
consultation period--
(a) for a proposed local law--means the period mentioned in section 868; and
(b) for a subordinate local law--means the period mentioned in section 878.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
councillor, of a local government, includes the local government's mayor.
delayed implementation determination, for a reviewable local government matter, means a determination, under section 93(2) or (3) or section 102(2) or (3), for the matter.
delayed implementation issues, for a reviewable local government matter mentioned in section 64(1)(c), means--
(a) the likely cost of conducting fresh elections that may be held because of the implementation of the matter; and
(b) the period since the conduct of the last elections of all councillors for the local governments affected by the matter; and
(c) the period before the conduct of the next quadrennial elections for the local governments.
delayed implementation reference, for a reviewable local government matter, means a reference of a matter mentioned in section 64(1)(c), for a local government whose area is divided, that--
(a) does not include a matter mentioned in section 64(1)(g), (h), (i) or (k); and
(b) the Minister states in the reference is a delayed implementation reference.
deputy commissioner means the deputy electoral commissioner under the Electoral Act 1992.
designated disposal activities, of a local government, see section 481B.
designated election offence see section 1077A.
detached house does not include--
(a) a caravan, trailer or vehicle; or
(b) a duplex; or
(c) a manufactured home.
differential general rate means a rate (other than a special rate) made and levied equally on the unimproved value of all rateable land in a local government area included in a category decided by the local government in levying the rate.
discount date, for a rate, means a date, decided by the local government, by which the rate must be paid for a discount to be allowed.
discount period, for a rate, means a period of time, decided by the local government, during which the rate must be paid for a discount to be allowed.
dispose of land or goods includes sell the land or goods.
drafting certificate, for a proposed interim local law, proposed local law or subordinate local law, means a certificate signed by the relevant local government's chief executive officer stating the law is drafted in sufficient accordance with drafting standards prescribed under a regulation for the law.
EEO management plan means an equal employment opportunity management plan required under section 1137E.
effective value of land for a financial year (the relevant financial year), for the purpose of calculating the land's unimproved value to make and levy rates for a financial year (the current financial year), means--
(a) if the relevant financial year is a financial year other than the current financial year--the unimproved value of the land decided under the Valuation of Land Act 1944 effective on the last day of the financial year; or
(b) if the relevant financial year is the current financial year--the unimproved value of the land decided under the Valuation of Land Act 1944.
electoral and boundaries review commission means a Local Government Electoral and Boundaries Review Commission established under section 66.
employment matters means any matter about the employment of an employee, including the following--
(a) recruitment procedure and selection criteria, for appointment or engagement of a person as an employee;
(b) promotion and transfer of an employee;
(c) training and staff development for an employee;
(d) terms of service and separation of an employee.
encumbrance includes any of the following that affects land--
(a) a mortgage, lien or charge;
(b) a caveat;
(c) an agreement;
(d) a judgment, writ or process;
(e) an interest adverse to the interest of the land's owner;
but does not include an easement.
enterprise includes any business, undertaking and activity.
enterprise power has the meaning given by section 496(2).
expanded commission means an electoral and boundaries review commission constituted by more than 1 commission member.
expenses reimbursement policy means a policy providing for the following--
(a) payment of reasonable expenses incurred, or to be incurred, by councillors of a local government for discharging their duties and responsibilities as councillors;
(b) provision of facilities to the councillors for that purpose.
explanatory statement see section 131.
facility includes work.
ferry includes a punt and floating pontoon.
financial controller, for a local government, means a person appointed under chapter 3, part 2, division 5 as a financial controller for the local government.
foreshore means the land lying between high-water mark and low-water mark at ordinary spring tides.
general complaints process see section 501D(1).
general rate means a rate (other than a separate rate) made and levied by a local government equally on the unimproved value of all rateable land in its area.
government entity has the same meaning as in the Government Owned Corporations Act 1993.
guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have for their children.
holding means land held from the State for a leasehold interest.
Housing Act 2003 section 113 contract means a contract of sale entered into under the Housing Act 2003, section 113, under which--
(a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or
(b) the sale is of a share in a house and land.
housing Act contract means--
(a) a housing Act s 24 contract; or
(b) a Housing Act 2003 section 113 contract.
housing Act s 24 contract means a contract of sale entered into under the State Housing Act 1945, section 24, before the repeal of that Act, under which--
(a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or
(b) the sale is of a share in a house and land.
implementation issues, for a reviewable local government matter mentioned in section 64(1)(a), (c), (e) or (f), means--
(a) the apportionment of assets and liabilities between the local governments concerned; and
(b) the application of existing local laws and planning schemes; and
(c) the preservation of--
(i) valuations of, and rates levied on, rateable land that would be affected by the matter if it were implemented; and
(ii) any existing debentures issued by the local governments; and
(d) the rationalisation of staff of the local governments; and
(e) anything else prescribed under a regulation.
improved land means land, or the part of land, that is--
(a) the site or curtilage of a building; or
(b) a garden, lawn, yard or court; or
(c) a park, plantation, planted walk or avenue; or
(d) a nursery for trees; or
(e) land under cultivation.
improved value, for land, means the amount the land and fixed improvements on the land would be worth if--
(a) there were an exchange between a willing buyer and a willing seller in an arms-length transaction after proper marketing; and
(b) the parties had acted knowledgeably, prudently and without compulsion.
indigenous regional council means the Torres Strait Island Regional Council or the Northern Peninsula Area Regional Council.
information date, for chapter 5, part 5, see section 284A.
interim local law has the meaning given by section 852.
joint board means the Townsville-Thuringowa Water Supply Joint Board established under chapter 2A.
joint local government means a joint local government established under this Act.
joint local government area means a part of the State that is established as a joint local government area under this Act.
jurisdiction of local government has the meaning given by section 25.
keeper of the register has the meaning given by section 1140.
land includes--
(a) freehold land; and
(b) a holding; and
(c) a mining claim.
land panel means a community forum separately constituted as a land panel under section 159ZZS.
land record, of a local government, means the record of rateable land in its area it is required to keep under section 994.
levee bank means an embankment or structure by which--
(a) water is prevented or reduced from flowing into or from land; or
(b) the flooding of land is prevented or reduced.
LGOC see section 592.
LG Super scheme see section 1180(1).
limited partner has the same meaning as in the Partnership Act 1891, chapter 3.
limited reviewable local government matter see section 65.
local governing body has the meaning given by the Local Government (Financial Assistance) Act 1995 (Cwlth).
local government means a local government established under this Act.
local government Act means an Act under which a local government may exercise the jurisdiction of local government, and includes, for example--
(a) this Act; and
(b) the Sustainable Planning Act 2009; and
(c) the Plumbing and Drainage Act 2002; and
(d) the Water Act 2000, chapter 2A; and
(e) the Water Supply (Safety and Reliability) Act 2008, chapter 2; and
(f) a local law; and
(g) a planning scheme.
local government area means a part of the State that is established as a local government area under this Act.
Local Government Association means the Local Government Association of Queensland (Incorporated).
Local Government Finance Standards means the standards in force under section 502.
local government matter means a matter about local government.
local government owned corporation see section 592.
local law has the meaning given by section 850.
majority, of commission members of an expanded commission constituted by an even number of members, means at least one-half the members plus 1.
major reference, for a reviewable local government matter, means--
(a) a reference of, or reference including, a reviewable local government matter mentioned in section 64(1)(g) or (h) that, if implemented, would affect the City of Brisbane; or
(b) a reference of another reviewable local government matter that--
(i) the Minister states in the reference of the matter is a major reference; or
(ii) the commissioner or an electoral and boundaries review commission declares under section 81 or 83 is a major reference.
manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.
market value, of land for chapter 14, means the improved value of the land obtained by the local government from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government.
material personal interest of a person has the meaning given by section 6.
meeting breach, for chapter 4, part 3A, see section 250M(1).
member for--
(a) a joint local government--includes the president and deputy president of the joint local government; or
(b) for the joint board--see section 60A; or
(c) a local government committee--includes the chairperson and deputy chairperson of the committee; or
(d) the Local Government Grants Commission--includes the chairperson and deputy chairperson of the commission; or
(e) an electoral and boundaries review commission--means a member of the commission.
merit, of an applicant, includes the applicant's abilities, knowledge and skills relevant to the position concerned.
minimum general rate levy means an amount fixed as the minimum amount payable as a general rate or differential general rate for all or any rateable land in a local government area.
mining claim means a mining claim to which the Mineral Resources Act 1989 applies.
mining lease means a mining lease to which the Mineral Resources Act 1989 applies.
minor amendment, of a local law, means an amendment correcting or changing--
(a) the format or presentation of the local law; or
(b) a grammatical error in the local law; or
(c) a factual matter incorrectly stated in the local law; or
(d) redundant or outdated terms.
minor breach, for chapter 4, part 3A and chapter 6, part 5, see section 250M(2).
minor reference, for a reviewable local government matter, means a reference the commissioner declares, under section 81, is a minor reference, but does not include a reference an electoral and boundaries review commission declares, under section 83, to be a major reference.
misconduct, of a local government employee, means--
(a) disgraceful or improper conduct that shows unfitness to be or to continue as a local government employee; or
(b) behaviour that does not satisfy a standard of behaviour generally expected of local government employees; or
(c) a contravention of a provision of this or another Act setting out what the employee must or must not do (whether or not the Act provides for a penalty for contravening the provision).
model local law has the meaning given by section 851.
non-compulsory referendum see section 92.
non-current assets, of a local government, means any of its assets that are not current assets.
notice of realignment means a notice under section 902(3).
notional GST means amounts a local government may pay under the GST and Related Matters Act 2000, section 5.
on-site sewage treatment plant see Plumbing and Drainage Act 2002, schedule.
on-site sewerage facility see Plumbing and Drainage Act 2002, schedule.
opposes, a referendum question, see section 124(5).
overdue rate for--
(a) Brisbane City Council--means the unpaid amount of a rate under the City of Brisbane Act 1924, section 67(1); or
(b) another local government--see section 1016.
owner, of land--
(a) generally--see section 4; and
(b) for chapter 3, part 1--see also section 63.
pensioner means a person receiving a pension, allowance or benefit prescribed by regulation.
perform work includes take action to comply with a local government Act.
permissible company has the meaning given by section 497.
planning scheme see the Sustainable Planning Act 2009, section 79.
premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980, but only to the extent of its continued application for a specified Act, for the purpose of their respective ownerships, and includes the common property forming part of--
(a) if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997--the scheme land under that Act for the scheme; or
(b) if the premises are lots under the Building Units and Group Titles Act 1980, but only to the extent of its continued application for a specified Act--the parcel of which the premises form part.
prescribed offices see section 7.
prescribed regulatory fee see section 1071B(1).
procurement activities, of a local government, see section 481A.
procurement plan, for a local government, means its most recent made procurement plan made under section 483D, as amended from time to time under section 483E.
procurement principles see section 481(2).
prohibited substance means--
(a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, stormwater drainage; or
Examples for paragraph (a)--
ash, cinders, sand, mud, straw and shavings
metal, glass and plastics
paper and plastic dishes, cups and milk containers
rags, feathers, tar and wood
whole blood, paunch manure, hair and entrails
oil and grease
cement laden waste water, including, wash down from exposed aggregate concrete surfaces
(b) a flammable or explosive solid, liquid or gaseous substance; or
(c) sewage; or
(d) a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into stormwater drainage, of--
(i) inhibiting or interfering with the stormwater drainage; or
(ii) causing damage or a hazard to the stormwater drainage; or
(iii) causing a hazard for humans or animals; or
(iv) creating a public nuisance; or
(v) creating a hazard in waters into which it is discharged; or
(vi) contaminating the environment in places where stormwater is discharged or reused; or
Example for paragraph (d)--
a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property
(e) a substance having a temperature of more than--
(i) if the local government has approved a maximum temperature for the substance--the approved maximum temperature; or
(ii) if paragraph (a) does not apply--38&#deg;C.
property sewer means a sewer for premises or a premises group.
public office, of a local government, means the premises kept as its public office under section 37.
public place means any place that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money.
public thoroughfare easement means a public thoroughfare easement under either of the following provisions, if the easement is in favour of a local government--
(a) the Land Act 1994, chapter 6, part 4, division 8;
(b) the Land Title Act 1994, part 6, division 4.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
question, for a referendum, means the question asked at the referendum.
rate means a rate or charge mentioned in section 963(1), and includes any interest accrued, or premium owing, on a rate or charge mentioned in the section.
rateable land has the meaning given by section 957.
rating category has the meaning given by section 983(3)(a).
referendum means a referendum under chapter 3, part 1, division 7, for an electoral and boundaries review commission's proposed determination of a reviewable local government matter.
referendum day see section 127.
referendum notice, for a referendum, see section 128.
referendum roll cut off day, for a referendum, means the day stated in the referendum notice for the referendum as the referendum roll cut off day.
reform commission see section 159D.
registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.
regulatory fee see section 1071A(1).
remuneration schedule see section 250AK(3).
remuneration tribunal means the Local Government Remuneration Tribunal established under section 250AA.
repealed Torres Strait Act means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007.
repeat breach, for chapter 4, part 3A, see section 250M(3).
required number, in chapter 12, means the number decided by the Minister.
reviewable local government matter has the meaning given by section 64.
review commissioner means a review commissioner appointed under chapter 3, part 1, division 8, subdivision 2.
road means--
(a) an area of land dedicated to public use as a road; or
(b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or
(d) a pedestrian or bicycle path; or
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d);
but does not include a State-controlled road under the Transport Infrastructure Act 1994, or a public thoroughfare easement.
sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for premises.
sanitary drainage means apparatus, fittings and pipes for collecting and carrying discharges from sanitary plumbing, or from fixtures directly connected to a sanitary drain, to a sewerage system or on-site sewerage facility, including the following apparatus, fittings and pipes--
(a) disconnector gullies;
(b) bends at the foot of stacks or below ground level;
(c) for an on-site sewerage facility--a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility;
(d) pipes above ground level, installed using drainage principles.
sanitary plumbing means apparatus, fittings, fixtures and pipes that carry sewage to a sanitary drain.
senior executive officer, of a local government, means an employee of the local government--
(a) who reports directly to the chief executive officer; and
(b) whose position ordinarily would be considered to be a senior position in the local government's corporate structure.
separate charge means a charge made and levied by a local government equally on all rateable land in its area.
separate rate means a rate made and levied by a local government equally on the unimproved value of all rateable land in its area.
septic tank means a tank in which solid organic matter in sewage is decomposed by anaerobic bacteria.
sewage treatment plant means equipment for the biological, physical or chemical treatment of sewage.
sewerage system means infrastructure used to receive, transport and treat sewage or effluent, including, for example, sewers, access chambers, vents, engines, pumps, structures, machinery and outfalls.
sign a thing includes the making of a mark on the thing before someone else who signs the thing as witness.
significant business activity, of a local government, means a significant business activity of the local government under chapter 8.
significant designated disposal activity see section 483J(1)(e).
significant procurement activity see section 483D(4)(g).
significant procurement activity plan see section 483G(1).
special charge means a charge made and levied by a local government on some, but not all, rateable land in its area.
special commission means an electoral and boundaries review commission established for a special reference of a reviewable local government matter.
special rate means a rate made and levied by a local government on the unimproved value of some, but not all, rateable land in its area.
special reference, for a reviewable local government matter, means a reference under section 288 of a reviewable local government matter mentioned in section 64(1)(g) or (h) that, if implemented, would affect the City of Brisbane.
spent conviction means a conviction--
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 11 of that Act.
State-controlled road means a State-controlled road under the Transport Infrastructure Act 1994.
State interest, for a local law or subordinate local law, a provision of a local law or subordinate local law, or a provision of a proposed local law, is--
(a) an interest that, in the Governor in Council or Minister's opinion, affects an economic, social or environmental interest of the State or a region; or
(b) an interest in ensuring there is an efficient, effective and accountable system of local government; or
(c) an interest prescribed by regulation.
State land means unallocated State land within the meaning of the Land Act 1994.
State office, of the department, means the department's address prescribed by regulation.
statutory breach, for chapter 4, part 3A, see section 250M(4).
statutory obligation, for chapter 4, part 3A, see section 250B.
stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater.
stormwater installation, for premises, means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises, but does not include any part of a local government's stormwater drainage.
structure means anything built or constructed, whether or not attached to land.
subordinate local law see section 853.
target group means any of the following--
(a) Aborigines or Torres Strait Islanders;
(b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people;
(c) people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists;
(d) persons of the female sex, irrespective of age.
tax component see section 1071B(1).
territorial unit--
(a) for a local government--has the meaning given by section 24; or
(b) for a joint local government--means its joint local government area.
threshold amount, for value of non-current assets of a local government, means the amount it sets under the Local Government Finance Standards below which the value of a non-current asset must be treated as an expense.
time share scheme, for a structure, means a scheme or arrangement that is to operate for at least 3 years during which time the participants in the scheme or arrangement are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.
trade waste means water-borne waste from business, trade or manufacturing premises, other than--
(a) a prohibited substance; and
(b) human waste.
trustee decision see section 159ZZV.
trust land means land that is the subject of a community deed of grant in trust.
unimproved value of land for a financial year--
(a) if the relevant local government has made a resolution under section 959 for the financial year--means the averaged value of the land calculated under chapter 14, part 1, division 2; or
(b) for a mining claim--is the amount specified under section 970; or
(c) in any other case--has the meaning given by the Valuation of Land Act 1944.
unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991.
utility charge means a charge for the supply by a local government of water, gas, sewerage or cleansing services to any land or structure.
valuation authority means the chief executive within the meaning of the Valuation of Land Act 1944.
veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.
voting hours, for voting at a mobile polling booth or declaration voting at a place under section 352, means the hours when electors may enter the booth or place to vote at an election.
watercourse means a river, creek or channel where water flows naturally.