Queensland Consolidated Acts Queensland Consolidated Acts1936 Act means the repealed Local Government Act 1936.
1993 Act means the repealed Local Government Act 1993.
accumulation benefit member, for chapter 7, part 2, see section 216A.
adopt, by a local government, means adopt by resolution of the local government.
advice guidelines see section 170A(3).
advisor see section 117.
ancillary works and encroachments means—
(a) cellars; or
(b) gates; or
(c) temporary rock anchors for building support; or
(d) ancillary works and encroachments under the Transport Infrastructure Act.
anti-competitive provision means a provision that a regulation identifies as creating barriers to—
(a) entry to a market; or
(b) competition within a market.
appropriately qualified, in relation to a delegated power, includes having the qualifications, experience or standing to exercise the power.
Example of standing—
a person's classification level in the public service
approved form see section 266.
approved inspection program see section 133(2).
auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009.
authorised officer means a person who holds office under section 204D.
authorised person means a person who holds office under section 202.
beginning of the local government's term see section 161(3).
beneficial enterprise see section 39.
Building Act means the Building Act 1975.
building certifying activity see section 47(4).
building unit means a lot under—
(a) the Body Corporate and Community Management Act 1997; or
(b) the Building Units and Group Titles Act 1980; or
(c) the Integrated Resort Development Act 1987; or
(d) the Mixed Use Development Act 1993; or
(e) another Act prescribed under a regulation.
business activity, of a local government, means trading in goods and services by the local government.
business unit, of a local government, is a part of the local government that conducts a business activity of the local government.
caretaker period, for a local government, see section 90A(1).
cause detriment to a local government—
1 To cause detriment to a local government includes—
(a) to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or
(b) to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example).
2 To cause detriment to a local government does not include—
(a) merely embarrassing the council; or
(b) merely causing disagreement between councillors.
change commission see section 22.
charges includes any interest accrued, or premium owing, on the charges.
chief executive officer means a person who holds an appointment under section 194.
code of competitive conduct see section 47.
commercialisation, of a significant business activity, see section 44(2).
Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).
community forum see section 87(2).
conclusion, of the election of a councillor, means the day—
(a) if the election is to the Brisbane City Council—
(i) for a quadrennial election—when the names of all elected candidates are published in the gazette; or
(ii) for a by-election (whether or not a poll is conducted)—when the name of the elected candidate is published in the gazette; or
(b) if the election is to another local government—
(i) for an election of all the councillors—when the last declaration of a poll conducted in the election is displayed in the local government's public office; or
(ii) for a by-election when a poll is conducted—when the declaration of the poll is displayed in the local government's public office; or
(iii) for a by-election when no poll is conducted—after the nomination day for the by-election; or
(iv) if the councillor is automatically elected (other than at a by-election) and a poll is conducted—the day on which the last declaration of a poll is displayed in the local government's public office; or
(v) if the councillor is automatically elected (other than at a by-election) and no poll is conducted—6p.m. on the day when a poll would otherwise have been required to be conducted.
conflict of interest see section 173(3).
consolidated version, of a local law, see section 32.
contractor, of a local government, means—
(a) a person who provides services under a contract with the local government; or
(b) a person prescribed under a regulation.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
corporate entity means an entity that has been corporatised under this Act and to which the Corporations Act does not apply.
corporatisation, of a significant business activity, see section 44.
cost-recovery fee see section 97(2).
councillor, of a local government, includes the mayor.
court means a court of competent jurisdiction.
Crime and Misconduct Act means the Crime and Misconduct Act 2001.
criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.
defined benefit member, for chapter 7, part 2, see section 216A.
department's chief executive means the chief executive of the department.
deputy electoral commissioner means the deputy electoral commissioner under the Electoral Act.
distribute a how-to-vote card—
(a) includes make the card available to other persons; but
(b) does not include merely display the card.
Examples—
1 A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.
2 A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
division, of a local government area, see section 8(3).
drafting certificate, for a local law, means a certificate signed by the chief executive officer stating the local law was drafted in accordance with the drafting standards.
drafting standards, for local laws, means the standards, for drafting local laws, prescribed under a regulation.
elect includes re-elect.
elector means a person entitled to vote in an election of councillors.
Electoral Act means the Electoral Act 1992.
electoral commission means the Electoral Commission of Queensland under the Electoral Act.
electoral commissioner means the electoral commissioner under the Electoral Act.
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.
establish, a superannuation scheme, includes join in establishing a superannuation scheme.
expired conviction means a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
(b) that is not revived as prescribed by section 11 of that Act.
final part of the local government's term see section 161(5).
financial controller see section 118.
financial management documents see section 104.
Forestry Act means the Forestry Act 1959.
fresh election means an election of all the councillors of a local government that is not a quadrennial election.
full cost pricing, of a significant business activity, see section 44(4).
full-time government job see section 168(3).
government entity has the same meaning as in the Government Owned Corporations Act 1993.
grants commission see section 228(1).
head of a local government means—
(a) if the local government is constituted by its councillors—the mayor; or
(b) if the local government is constituted by its chief executive officer—the chief executive officer; or
(c) if the local government is constituted by an interim administrator—the interim administrator.
home includes—
(a) a room in a boarding house; and
(b) a caravan; and
(c) a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10.
Housing Act contract means a contract of sale—
(a) that was entered into under—
(i) the State Housing Act 1945, section 24, before the repeal of that Act; or
(ii) the Housing Act 2003, section 113; or
(b) under which—
(i) the purchase price, other than the deposit, is payable in 2 or more instalments; or
(ii) the sale is of a share in a house and land.
how-to-vote card see the Local Government Electoral Act, schedule.
identity card of a person means a card that—
(a) identifies the person as an authorised person, local government worker or authorised officer; and
(b) contains a recent photo of the person; and
(c) contains a copy of the person's signature; and
(d) states the expiry date for the identity card.
inappropriate conduct see section 176(4).
indigenous local government means—
(a) the local government for the following local government areas—
(b) an indigenous regional council.
indigenous regional council see section 81(2).
industrial instrument means an industrial instrument under the Industrial Relations Act.
Industrial Relations Act means the Industrial Relations Act 1999.
interim local law see section 26(4).
investigator see section 212(2).
joint government activity see section 10(2).
judicial review is a review under the Judicial Review Act.
Judicial Review Act is the Judicial Review Act 1991.
land includes—
(a) freehold land; and
(b) land held from the State for a leasehold interest; and
(c) a mining claim.
Land Act means the Land Act 1994.
Land Title Act means the Land Title Act 1994.
LG super scheme see section 217(1).
local government—
(a) for chapter 7, part 2—see section 216A; or
(b) generally—see section 8(1).
Local Government Act means a law under which a local government performs the local government's responsibilities, including for example—
(a) this Act; and
(b) a local law; and
(c) the Planning Act; and
(d) a planning scheme; and
(e) the Plumbing and Drainage Act; and
(f) the Water Act 2000; and
(g) the Water Supply (Safety and Reliability) Act 2008.
local government area see section 8(2).
local government change see section 17(2).
Local Government Electoral Act means the Local Government Electoral Act 2011.
local government employee means—
(a) the chief executive officer; or
(b) a person holding an appointment under section 196.
local government entity, for chapter 7, part 2, see section 216A.
Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth).
local government principles means the principles expressed in the form of outcomes set out in section 4(2).
local government worker see section 138(6).
local law see section 26(2).
long-term asset management plan see section 104(6).
long-term community plan see section 104(4).
long-term financial plan see section 104(5).
major policy decision, for a local government, means a decision—
(a) about the appointment of a chief executive officer of the local government; or
(b) about the remuneration of the chief executive officer of the local government; or
(c) to terminate the employment of the chief executive officer of the local government; or
(d) to enter into a contract the total value of which is more than the greater of the following—
(i) $150000;
(ii) 1% of the local government's net rate and utility charges as stated in the local government's audited financial statements included in the local government's most recently adopted annual report.
material personal interest see section 172(2).
middle of the local government's term see section 161(4).
mining claim means a mining claim to which the Mineral Resources Act 1989 applies.
misconduct see section 176(3).
model local law see section 26(8).
National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being—
(a) the Conduct Code Agreement;
(b) the Competition Principles Agreement;
(c) the Agreement to Implement National Competition Policy and Related Reforms.
notice of intention to acquire land see section 61(2).
occupier, of property, see section 125(6).
ordinary business matter means—
(a) the remuneration of councillors or members of a local government committee; or
(b) the provision of superannuation entitlements or accident insurance for councillors or local government employees; or
(c) the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in the local government area; or
(d) the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or
(e) a planning scheme of general application in the local government area; or
(f) a resolution required for the adoption of a budget for the council; or
(g) a matter that is of interest to a person merely as—
(i) an employee of the State or a government entity; or
(ii) an elector, ratepayer or resident of the local government area; or
(iii) a beneficiary under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government; or
(iv) a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or
(v) a candidate for election or appointment as a mayor, deputy mayor or member of a committee of the local government; or
(vi) a member of a non-profit, charitable or religious organisation involving no personal financial gain or loss to the person.
overall State interest is—
(a) an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or
(b) an interest that the Minister considers affects the interest of ensuring there is an accountable, effective, and efficient system of local government; or
(c) an interest prescribed under a regulation.
owner of land—
(a) means—
(i) a registered proprietor of freehold land; or
(ii) a purchaser of freehold land from the State under an Act; or
(iii) a purchaser of land under a Housing Act contract; or
(iv) a person who has a share in land that the person bought under a Housing Act contract; or
(v) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or
(vi) the holder of a mining claim or lease; or
(vii) the holder of land mentioned in the Mineral Resources Act 1989, schedule, definition owner; or
(viii) a lessee of land under any of the following Acts—
(ix) a lessee of land held from a government entity or local government; or
(x) the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or
(xi) the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or
(xii) the holder of a permit to occupy under the Land Act; or
(xiii) a licensee under the Land Act; or
(xiv) for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or
(xv) another person who is entitled to receive rent for the land; or
(xvi) another person who would be entitled to receive rent for the land if it were leased at a full commercial rent; but
(b) does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates.
Planning Act means the Sustainable Planning Act 2009.
planning and accountability documents see section 104(3).
Planning and Environment Court see the Planning Act.
planning scheme has the meaning given in the Planning Act, section 79.
Plumbing and Drainage Act means the Plumbing and Drainage Act 2002.
police commissioner means the commissioner of the police service under the Police Service Administration Act 1990.
political party means an organisation registered as a political party under the Electoral Act.
private property see section 125(4).
private sector means an entity that is not—
(a) the Commonwealth or a State; or
(b) a State authority; or
(c) a local government.
property means land, any structure on the land, and a vehicle.
public office, of a local government, see section 261.
public place see section 125(5).
public thoroughfare easement is an easement created under—
(a) the Land Act, chapter 6, part 4, division 8; or
(b) the Land Title Act, part 6, division 4.
public utilities means—
(a) works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or
(b) works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or
(c) works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or
(d) other works that is declared under a regulation to be a public utility.
quadrennial election means the election for local governments that is held in 2012, and every fourth year after 2012.
rateable land see section 93(2).
rates includes any interest accrued, or premium owing, on the rates.
reasonable proportion of electors see section 15(2).
regional conduct review panel see section 176(7).
registered officer, of a political party, means the registered officer of the political party under the Electoral Act.
registrar of titles means the public authority responsible for registering title to land and dealings affecting land.
regulated pool see the Building Act, section 231B.
remedial action see section 113(2).
remedial notice see section 138(2).
remuneration category means a remuneration category prescribed under a regulation.
resolution, of a local government, means the formal decision of the local government at a local government meeting.
responsibility includes a function.
reward does not include—
(a) a councillor's remuneration as a councillor; or
(b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or
(c) reasonable expenses actually incurred for any 1 or more of the following—
(i) accommodation;
(ii) meals;
(iii) domestic air travel;
(iv) taxi fares or public transport charges;
(v) motor vehicle hire; or
(d) an amount paid as a pension or otherwise for past service in a full-time government job.
road see section 59(2).
roads activity see section 47(5).
sanitary drain—
(a) means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but
(b) does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.
sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example).
sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness.
significant business activity see section 43(4).
spent conviction means a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
(b) that is not revived as prescribed by section 11 of that Act.
standing committee, of a local government, means a committee of its councillors that meets to discuss the topic decided by the local government when establishing the committee.
State-controlled road has the meaning given in the Transport Infrastructure Act.
State office, of the department, means the office of the department at the address prescribed under a regulation.
Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982.
stormwater drain see section 76(2).
stormwater installation see section 76(3).
structure means anything that is built or constructed, whether or not it is attached to land.
subordinate local law see section 26(5).
super board see section 208.
sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example).
time share scheme, for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.
Transport Infrastructure Act means the Transport Infrastructure Act 1994.
tribunal see section 183.
trust deed means a trust deed made by the super board.
trustee council see section 82(2).
trust land see section 82(3).