Queensland Consolidated Acts Queensland Consolidated Acts(1) Every local government the area or any part of the area of which is included in a river improvement area shall be liable to contribute to the trust constituted for such river improvement area in each year the sum hereinafter prescribed.
(1A) If the river improvement area is comprised of the area or part of the area of any one local government the sum to be so contributed shall be the amount of revenue estimated by the trust in the budget adopted by it for such year.
(1B) If the river improvement area comprises areas or parts of areas of more than 1 local government the sum to be so contributed by each such local government shall be a sum which bears the same proportion to such estimated revenue as the rateable value of the lands within the area or part of the area of such local government included in the river improvement area bears to the total rateable value of all lands within the river improvement area.
(1C) Where one of the following parties namely—
(a) a port authority;
(b) any corporation, instrumentality or authority created by or under any Act;
(c) the owner or the owner and occupier, as the case may be, of land in a river improvement area;
pursuant to section 14A or section 14B—
(d) enters into an arrangement with a trust; and
(e) thereby undertakes to contribute in aid of the undertaking and maintenance, or undertaking or maintenance, of any works by the trust under the Act;
then for the purpose of ascertaining the sum liable to be contributed to the trust by the local government or local governments, as the case may be, pursuant to this section, the amount of revenue estimated by the trust in the budget adopted by it for the year in question shall be first reduced by the sum payable in that year by the port authority, corporation, instrumentality, authority, owner or occupier, as the case may be, to the trust under the terms of that arrangement.
(2) For the purpose of obtaining payment from a local government of the amount payable by it hereunder to the trust in any year, the trust shall have full power and authority to issue a precept signed by the chairperson or any 2 members sealed with its seal and in the form hereunder set out or to the like effect to such local government stating therein the sum to be contributed by such local government and requiring such local government within a time limited by the precept to pay the sum mentioned to the credit of the general fund of the trust.
PRECEPT
River Improvement Trust Act 1940
To the council of the shire [or city or town] of
These are to require you, the council of the shire [or city or town] of from and out of your operating fund to pay on or before the day of 19 , into the credit of the [name of trust] account in the [name of financial institution] at [address of financial institution] the sum of dollars, being the amount of the estimated revenue of the trust for the year [date of year] payable by your local government.
Dated this day of , 19 .
L.S.
Chairperson of the [name of trust].
(2A) For the purpose of recovering the amount of any such precept the trust shall have and may exercise all or any of the powers, functions, and rights of a local government under the Local Government Act 2009, and a local government upon which such precept is issued shall be subject to all such duties, responsibilities, and obligations and have all such powers and authorities in respect of the payment of the sum mentioned and the raising of such amount as if such precept were a precept duly issued to such local government by a joint local government, and all the relative provisions of the Local Government Act 2009 shall, mutatis mutandis, apply and extend accordingly.
(3) A local government is hereby authorised to pay from its operating fund the amount of any precept payable by it hereunder.
(4) Where the whole of the area of any local government or the whole of any division of any local government is comprised in the river improvement area of the trust, such local government may, and in every other case any local government shall, and is hereby authorised and empowered to, make and levy in each year a separate rate under the Local Government Act 2009, upon all rateable lands in its area or, as the case may be, so much of its area as is comprised in the river improvement area sufficient in amount to repay to the operating fund the amount of the precept paid or payable therefrom during such year.
(5) For the purposes of the making and levying of such separate rate so much of the area of the local government concerned as is included in the river improvement area shall be and be deemed to be a duly defined benefited area under the Local Government Act 2009.
(6) Notwithstanding anything contained in the Local Government Act 2009, the local government may frame and adopt a separate budget in respect of the separate rate prescribed by subsection (4) not later than 2 months after it has notice of the amount of the precept payable by it to the trust.