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©State of Queensland
QUEENSLAND
T ACT 31981,
No.
40[Reprinted as at 1 January, 19831
An Act to amend the Local Government Act 1936-2988 in certain particulars and €or related purposes
[Assented to 20 May, 19813 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :-
1- Short title. This Act may be cited as the Local Govemmenb Act A ~ eAct ~1981, ~ ~ e ~ ~
PART 1 - P R E L i ~ A R ~
2. ~ o ~ ~ e n ~ e ~ e ~ t * The Governor, by Proclamation-
(a) may appoint a date on which this Act shall commence;
(b) may appoint dates on which the provisions of this Act specified Such dates may be appointed in one Proclamation or in diRerent Proclamations.
This Act or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this section for the commencement of this Act, or, as the case may be, that provision,
in the Proclamation shall commence.
arngement. This Act is divided into Parts as follows:- PART I - P R E L I ~ ~ A R Y ;
PART I I - A ~ E N D ~ N T S OF THE LOCAL GOVERN^^ ACT 1936-1980;
PART III-PROVISIONS RELATING TO BUDGET FOR FLINDERS PART IV-PROVISIONS RELATING TO LAND USE IN SHIRE OF
P E ~ E S T ~ N MALL SEPARATE RATE Fum;
BEAUDESERT.
PART 11-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1980 4-19. Amended Principal Act.
PART I~&--~ROVISIONS RELATING TO BUDGET FOR FLINDERS PEDESTRIAN
MALL SEPARATE RATE FUND
20. ~ n t e ~ ~ ~ e t ~ t i o ~ . (1) In this Part, unless the contrary intention appears-
“ the Act ” means the Local Government Act 1936-1980;
‘‘
the Council ” means the Council of the City of T o ~ n s ~ i l l e c o n s ~ i t ~ t e d pursuant to the provisions of the Act.2 LOCAL GOVERNMENT ACT A M E N ~ ~ E ~ T ACT 1981 (2) Where in this Part a term is used that is not defined in this Part but i s defined in the Act, such term, unless the contrary intention appears, shall have the meaning given to it by the definition in the Act.
21. Praming and adoption. of budget. (1) Upon the comme~cement of this Part of this Act and subject to subsection (2), the Council may frame and adopt, in respect of the fund referred to in section 22, a budget for the year commencing 1 July 1980, in accordance with this Part and in accordance with the Act, notwithstanding those provisions of section 25 of the Act that stipulate times on or before which a budget shall be respectively framed and adopted.
(2) A budget framed and adopted in accordance with subsection (1) shall be so adopted by the Council within 30 days after the commencement of this Part of this Act and any separate rate or rates to be made and levied by the Council as hereinafter in this Part provided shall be founded thereon.
22. E s t a ~ l i s ~ ~ t of separate fmd. The Council shall establish a separate fund, called the Flinders Pedestrian Mall Separate Rate Fund, (hereinafter called " the fund ") in respect of any separate rate or separate rates to be made and levied by the Council as hereinafter in t h s Part provided.
ing and I e ~ y ~ n ~ of s mate rate. (1) The Council may make and levy, in respect of the year commencing 1 July 1980 a separate rate or separate rates pursuant to the provisions of subsection (4) of section 21 of the Act for the particular function of local government, namely the operation and maintenance of the Flinders Pedestrian Mall and in connection therewith, may exercise the powers and shall comply with the requirements contained in the said subsection (4) of section 21 of the Act.
(2) The provisions of the Act relating to the levying and recovery of rates apply to rates levied by the Council pursuant to this section.
r e ~ ~ b ~ r s ~ ~ e ~ t of ~ o ~ e ~ s . (1) On the establishment of the fund and, iiotwithsta~iding any provisions o f the Act, the Council shall transfer to the fund, from the general fund, all moneys received by the Council in respect of the particular function of local government referred to in section 23, during the period commencing on the 1st July 1980 and ending on the date of the establishment of the fund that have not been expended on such particular function.
(2) Notwithstandjng any provisions of the Act, moneys received by the Council in respect of the separate rate or separate rates made and levied pursuant to section 23, may be transferred to the general fund, for the purpose of reimbursing that fund for moneys expended therefrom in connection with the particular function of local government referred to in section 23, during the period commencing on the 1st July 1980 and ending on the date of the establishment of the fund,
PART IV-PROVISIONS RELATING TO LAND USE IN SHIRE OF
EAUDESERT
s Part, unless the contrary intention appears-
‘‘
the Act ” means the Local’ G u ~ e ~ ~ ~ n e ~ t Act 1936-1980;“ t h e Council” means the Council of the Shire of rsuant to the provisions of the Act.
t a term is used that is not defined in this Part uch term, unless the contrary intention appears en to it by the definition in the Act.
of ~~~~~~~ exis
subsection (2), the use on or after building or other structure, or part of in that part of the Area of the Shire he following purposes-
1973 of any land, g or other structure ified in Schedule
@) fertile egg farms;
(c) hatcheries;
(e) nurseries;
(f) piggeries ;
(g) poultry broiler farms;
ocluce: packing s eds and produce stores;
6)
stables and yards;(k) any otlier purpose, if the approval of the Council to thc erection or use of any buildi-ng or other structure in which the use is or was carried on has or had been obtained,
shall not be held to be unlaw~ul or to have been unlawful at any t before the c ~ ~ ~ e n ~ e ~ e n t of this Part by reason only of the fact that consent of the Council to s any interim d e v e l ~ p ~ n e ~ t by-law in force in that part of the ad not been granted,
(2) The provisions of subsection (1) shall not apply to the use on and after the 3rd March 1981. of any land, building or other structure or part of any land, building or other structure specified in that subsection for a purpose mentioned therein unless such use commenced before the 3rd March 1981.
Commenci~g on the southern boundary of the State at Mount Hobwee and bounded thence by the Beechrnont Range northerly to portion 178, parish of Nurninbah by the southern and eastern boundaries of that portion, by the south-eastern and western boundaries of portion 177, by the western and northern boundaries of portion 176, by the eastern boundaries of portions 5, 8vy and 7vY parish of Roberts, by the
west boundary of R.362 (The State ~ a r ~ - ~ h ~ t i n b a h ) parish o f Numinbah, by the south and west boundaries of portion 17v, by the east and north boundaries of portion 6v, by the n o r t h - ~ e ~ t e r n bo~~ndaries of portion 40, R.595 and portion 46, by the north boundary of portion
46, by the west boundaries of portions 201 and 43, by the s o ~ ~ t h - ~ ~ e s t e r n and east boundaries of portion 42, by the east boundary of portion
41, by the south boundary of portion 106, parish of Gilston, to a point south from the south-west corner o f subdivision
I
of re~ubdivision 2 of subdivision 1 of that portion, by a line and the west boundary of that subdivision, by the north boundary o f portion 184 by the south, west and north. boundaries of portion 27, parish of Witheren, by the northern and north-eastern boundaries of portion 15v, by the south and east boundaries of portions 46v, and 28, by the north-eastern boundary of portion 94, by the south and east boundaries of portion 92, by the east boundary of portion 88, by the south, east and north boundaries o f portion '78 to the Coomera River, by that river do~nwards to the north-east corner o f portion 20v, parish of Cedar, by the northern boundary of that portion, by the south-western,~ e s t e r n , and northern boundaries of portion 32, by the eastern boundary of portion 87, by the southern and western boundaries of portions 90, 9, by the southern and eastern boundaries of portion 88, by the east and north bounda~ies of portions 61, parish of Cedar, and 113, parish of ~ a ~ b o r i n e , by the eastern and northern boundaries of portion 20v, parish of ~ a ~ b o r i n e , by the northern boundary of portion 130, by the eastern and n o ~ h e r n boundaries of portion 133, by the northern boundary o f portion 119, by the road northerly intersecting R.326 (State Forest) o the s~uth-west corner of portion 8v, by the western 'boundary of t p o r t i ~ n , by the southern and western boundaries of portions 4v and I5A to Cedar Creek, by that Creek and the Albert River d o ~ w a r d s to the north corner of portion 2, parish of W i c k ~ a ~ , by a line west t o the eastern b o ~ d a r y of portion lv, by the east, south, and west b o ~ d a r i e s of that portion, by the south boundary of portion 14, 'by the east and north boundaries of portion 37, by the north boundary of portion 13, by the west and north boundaries of portion 14, by the east boundary of portion 17v, parish of Boyd, by the south boundary of portion 385, parish of Moffat, by a line north-west to the south-east corner of portion 23, by the south boundaries of that portion and p ~ r t i o n s 388, 191 and a line, by the south boundary of portion 185 to the Logan River, by that river upwards to the south-east corner of ~ o r t i ~ n 40, parish of Maclean, by the south boundaries o f that portion and portion 41 and a line, by the south boundary of portion 320 and a line, by the south boundary of portion 23 t o the Sydney Brisbane Railway, by that railway northerly to its northernmost intersection with the east boundary of portion 437, parish of Perry by that boundary and a line, by the south boundary of portion 429 to Qxley Creek, by that creel: upwards to the south corner of portion 2lv, parish of Stapylton, by the southern boundary of that portion and portions 20v, 19v and 18v, by a line south-west to the south-east corner of portion 17v, by the south boundaries of portions 17v, 16v, 15v and 14v, by the west boundaries of 14v, 30v, 31v and 37v, by the west and north boundaries of portion 49, by the north and west boundaries of podion 50, by the west boundaries of portions 66 and 64,
LOCAL GOVERNMENT ACT AMENDMENT ACT 1981 5 by the north and west boundaries of portions 200, 206, and 208, parish of Bundambay by the south and south-western boundaries of portion 225, by the east and north boundaries of portion 205, by the east and south boundaries of portions 215 and 221, by the western boundary of portion lv, parish of Undullah, by the north and west boundaries of portions 131 and 2v, by the southern boundary of portion 2v, by the western and southern boundaries of portion 7v by the western boundary of portion 60, of R.475 and again of portion 60, by the boundaries of portion 45 south-westerly, east, south and west, by the northern and westerii boundaries o f portion 4 a, by the western boundaries of portions 40 and 41, by the north and st boundaries of portion 68, by the northern bouii~aries of portions 40 and 227a, parish of ~ u ~ a n d a n , by the west boundary of portion 227a, by the west and south boundar~es of portion 227, by the western boundary of portion 21v, by
and southern boundaries of portion 54v, by the 12v, east and south, by the boundaries of port east and south-westerly, by the western and
of portion 20v, by the southern boundaries of portions 29v, 27v, 40v, and 56v, to the south-east corner of the l a s t ~ e n t i o n e ~ portion;
by a line east intersec portion 45v to the north-west boundary of portion 38, by the nor estern and north bou~daries of that portion, by the northern boundary of portion 17 to Teviot ok, by that brook upwards to the north corner of portion 40a, the eastern and south-eastern boundaries of that portion, by the so~th-eas~ern boundary of portion 19v, by the northern and h-western and south-western boundaries of portion 95, parish of elton, by the north-
north-east, south-east, and south-west daries of portion 11
north-west and south-west boundaries of portion 366, parish of Tamrokum, by the western boundary of portion 19v, by the north and west boundaries of portions 365 and 363, by the west boundary of portion y the north, east, and south-east boundaries of portion 45v, parish pp, by the north-west and south boundaries of portion 60, by the
st and south-west boundaries of portion 4v, by the south-weste~
boundary of portion 3717 to Knapp Creek, by that creel.; downwzirds to the east corner of portion 37, by the south-eastern and southern boundaries of that portion, by the nort~-western and south-western boundaries of portion 43v, by the west and south boundaries of portion 57, parish of Palen, by the west boundary of portion 58v, by the north and west boundaries of portion 77v, by the western and north-western boundaries of portion 96v, by the northern and western boundaries of R.322 (National Park), by the western and soul ern boundar~es of portion 122vy by the western boundary of portion 132v, to Mount Barney Creek, by that creek upwards to its source on the southern boundary of the State, and by that boundary easterly and north-easterly to the point of ~ o m ~ e n c e m e n t , exclusive of the area described as follows, C o ~ ~ e n ~ i n ~ on the north-west corner of portion 23, parish of Bromelton and bounded thence by the west boundary of that portion, by the west boundaries of portion 24 and sub, 2 of portion 57, by the south boundary of sub. 1 of portion 57 to a point north from the north-west corner of portion 83, by a line thereto, by the west boundaries of portion 83 and 37 and a line, by the north, west and south boundaries
,
by the west boundary o f portion 7, by a line south-east to st corner of portion 6, by the west bounand 16 to Sandy Creek, by that Creek downward t
e~udesert, by the s o u t h ~ ~ e s t boundary of that portion and a line, by the south-west and south boundaries of portion 23 and a line, by the south boundar~es o f portions 40v, and 39v and a line, by the south bouilddry of portion 37v and a line, by the south boundary o f portion 35v, by a line east to the south-west corner o f portion 27v7 by the south and east boundaries of that portion, by the east boundaries of portions 26v, 25v, and €4v, by the south and east boundaries of portion l3v, by a liae north to the south-west corner of portion 12, parish o f Nindooinbah, by the west and northern boundary of that portion to a point south from the south-east corner o f portion 16, by a line thereto, by the east boundary o f portion 16, by the east and north boundaries of portion 107, by the eastern and north boundaries o f resub, 9 o f sub. 4 of portion 438, parish o f 138 by a line north-east to the south-east corner of rcsub. 2 of sub. 4 of portion 138 by the east and northern boundary o f t h e resub. and a line, sub. 4 o f portion 138, by a line
.
l A o f sub. 3 o fat resub. by the 130, by the north boundary of portion 1166, by a line north to a corner of portjon 9, by a tine thereto by the a line, by the south ~ o u n d a ~ y of
river ~ o ~ ~ n w a r d ~ to the i ~ o ~ t h ~ e a ~ ~ corner of portion omelton, by the north boundary o f
that portion and by the east and north boundaries of portion 23 to the point of ~ o ~ ~ e ~ c e ~ ~ ~ ~ t ;
that river ~ o w n ~ a r ~ s to the west corner of p
Logan, by the east boundaries o f resubs. 8, 7 , 4 and 1 of sub. 4 of po r t’ ron
16382-By Authority: S. R. ITAMPSON, Government Printer, Q ~ e e n s l a ~ d - ~ l P 8 2
