ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE. No. 43 of 1978

Transcription

1 341 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 43 of 1978 An Act to provide for the creation of the Shire of Logan and for purposes connected therewith and for the adjustment of the boundaries of the Shires of Albert, Beaudesert and Redland [ASSENTED TO 8TH JUNE, 1978] 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 Government (Adjustment of Boundaries) Act Shire of Logan. It is hereby declared that- (a) the area which is delineated on map No. SC214 deposited in the Department of Mapping and Surveying at Brisbane as the Shire of Logan and which is described in the First Schedule by

2 342 Local Government (Adjustment of Boundaries) Act 1978, No. 43 way of metes and bounds is an Area and a Shire within the meaning of the Local Government Act which, unless its name or class is duly altered under that Act, shall be called by the name, Shire of Logan; (b) the part of the Shire of Logan, which before the passing of this Act formed part of the Shire of Albert is excluded from the Shire of Albert and the Area in which the Council of the Shire of Albert has jurisdiction is reduced accordingly; (c) the part of the Shire of Logan, which before the passing of this Act formed part of the Shire of Beaudesert is excluded from the Shire of Beaudesert and the Area in which the Council of the Shire of Beaudesert has jurisdiction is reduced accordingly. 3. Alterations of Areas of Shires of Albert and Redland. (1) It is hereby declared that the lands described as Portions 381, 416 and 427 Parish of Redland are excluded from the Shire of Albert and included in the Shire of Redland and the Area in which the Council of the Shire of Albert has jurisdiction is hereby reduced accordingly and the Area in which the Council of the Shire of Redland has jurisdiction is hereby increased accordingly. (2) The provisions of section 5 (2) of the Local Government Act so far as their application has not been excluded by any other Act shall apply to the alterations of the Areas of the Shires specified in subsection (1) as if they had been duly made pursuant to section 5 (1) of that Act. 4. Alterations of Areas of Shires of Beaudesert and Albert. (1) It is hereby declared that the lands described in the Second Schedule by way of metes and bounds are excluded from the Shire of Beaudesert and included in the Shire of Albert and the Area in which the Council of the Shire of Beaudesert has jurisdiction is hereby reduced accordingly and the Area in which the Council of the Shire of Albert has jurisdiction is hereby increased accordingly. (2) The provisions of section 5 (2) of the Local Government Act so far as their application has not been excluded by any other Act shall apply to the alterations of the Areas of the Shires specified in subsection (1) as if they had been duly made pursuant to section 5 (1) of that Act. 5. Boundaries of Shires of Albert, Beaudesert and Redland. Unless the boundaries of the Shire or of divisions within the Shire are altered under the Local Government Act and another map is substituted for the map specified herein in respect of the Shire and those divisions- (a) the boundaries of the Shire of Albert and of divisions within that Shire are as delineated on map No. SC215 deposited in the Department of Mapping and Surveying at Brisbane as the Shire of Albert; (b) the boundaries of the Shire of Beaudesert and of divisions within that Shire are as delineated on map No. SC216 deposited in the Department of Mapping and Surveying at Brisbane as the Shire of Beaudesert;

3 Local Government (Adjustment of Boundaries) Act 1978, No (c) the boundaries of the Shire of Redland and of divisions within that Shire are as delineated on map No. SC217 deposited in the Department of Mapping and Surveying at Brisbane as the Shire of Redland. 6. Copies of maps to be held. (1) A copy of the map referred to in paragraph (a) of section 2 signed for identification by the Surveyor-General and Director of Mapping and Surveying shall be held in the office of the Director of Local Government at Brisbane and in the office of the Council of the Shire of Logan. (2) A copy of the map referred to in paragraph (a) of section 5 signed for identification by the Surveyor-General and Director of Mapping and Surveying shall be held in the office of the Director of Local Government at Brisbane and in the office of the Council of the Shire of Albert. (3) A copy of the map referred to in paragraph (b) of section 5 signed for identification by the Surveyor-General and Director of Mapping and Surveying shall be held in the office of the Director of Local Government at Brisbane and in the office of the Council of the Shire of Beaudesert. (4) A copy of the map referred to in paragraph (c) of section 5 signed for identification by the Surveyor-General and Director of Mapping and Surveying shall be held in the office of the Director of Local Government at Brisbane and in the office of the Council of the Shire of Redland. (5) The obligation to hold a map specified in the foregoing subsections in an office specified therein shall continue only until another map is substituted for that map following an alteration of the boundaries to which that map relates. 7. Application of Local Government Act. (1) The provisions of the Local Government Act shall, subject to this Act, apply to and in relation to- (a) the Area and Shire declared by section 2, which Shire shall be deemed to be an Area constituted under that Act; and (b) the Council constituted for that Shire. (2) Until the conclusion of the election to be held in accordance with the Local Government Act on the last Saturday in March 1979 or of any election held in respect of the Shire of Albert, the Shire of Beaudesert or the Shire of Redland on a date in substitution for that date, the passing of this Act shall be taken not to affect- (a) the qualification had by any person immediately before the passing of this Act to be appointed or to act as chairman or a member of the Council of any of the Shires aforesaid; (b) a qualification that would have been acquired by any person to be appointed or to act as chairman or a member of the Council of any of the Shires aforesaid had this Act not been passed; (c) the continuation of the office held by any person immediately before the passing of this Act as chairman or a member of the Council of any of the Shires aforesaid and, in the case of a member, such person shall continue to represent the division he represented immediately before the passing of this Act; or

4 344 Local Government (Adjustment of Boundaries) Act 1978, No. 43 (d) the right of the Council of any of the Shires aforesaid to fill a vacancy in the office of chairman or member thereof in accordance with the Local Government Act , which vacancy may be filled as if the divisions of the Shire in question had not been affected by the passing of this Act. 8. Logan Shire Council. (1) The Council of the Shire of Logan shall be a Local Authority within the meaning of the Local Government Act , shall be deemed to have been constituted under that Act and, subject to this Act, shall have all the functions, powers, duties and obligations of a Local Authority under that Act in respect of its Area. (2) Subject to any direction given by the Governor in Council under the Local Government Act the chairman and members who shall first constitute the Council of the Shire of Logan shall be elected at an election held in accordance with the Local Government Act on the last Saturday in March 1979 or, if an election is not held on that day for any reason, on a date as soon thereafter as is reasonable and the Council shall be taken to be duly constituted upon conclusion of that election. (3) The returning officer at the election referred to in subsection (2) shall be a person appointed by the Governor in Council, on the nomination of the Minister, by notification published in the Gazette. (4) For the purpose of the election referred to in subsection (2) a voters' roll shall be compiled in accordance with the Local Government Act as for a triennial election. 9. Costs of first election of Council. (1) The Treasurer of Queensland is authorized to meet from the Consolidated Revenue Fund the costs of and incidental to the holding of the election referred to in section 8 in such amount as he considers, upon evidence acceptable to him, to be reasonable. (2) Moneys expended pursuant to subsection (1) shall constitute a debt due and owing by the Council of the Shire of Logan to the Crown and may be recovered by action in a court of competent jurisdiction. 10. Meetings of Council. (1) The first meeting of the Council of the Shire of Logan- (a) shall be convened in accordance with the Local Government Act by the person who was returning officer at the election of the Council first constituted; and (b) shall be convened on a date within seven days of the conclusion of that election at the sub-office of the Council of the Shire of Albert at the corner of Wembley Road and Jacaranda Avenue, Woodridge. (2) Until the Council of the Shire of Logan provides otherwise, the by-laws of the Council of the Shire of Albert that provide for the business and procedure at meetings of that Council shall, mutatis mutandis, apply in relation to the business and procedure at meetings of the firstmentioned Council.

5 Local Government (Adjustment of Boundaries) Act 1978, No Postponement of Council 's authority. (1) Until 1 July 1979 the Council of the Shire of Albert and the Council of the Shire of Beaudesert shall each continue to be charged with and shall be competent to perform the functions of local government in respect of that part of its Area excluded from its Shire and included in the Shire of Logan, as if that part were part of its Shire, and shall be entitled to make, levy and impose rates, fees, charges, fares, rents and dues and, subject to section 15, to recover the same accordingly. (2) Subject to section 12, on and from the first constitution of the Council of the Shire of Logan and until and including 30 June 1979 the competence of the Council to perform the functions of local government and to exercise and perform powers and duties to that end shall be limited to- (a) provision of an office for the Council; (b) appointment of officers of the Council and organization of its staff of officers; (c) preparation of a budget of the Council for the year commencing on 1 July 1979 and terminating on 30 June 1980; (d) preparation, passing, making and publication of by-laws; (e) preparation, performance and carrying into effect of all such acts, matters and things as, in the opinion of the Council, are necessary or expedient to enable the Council to assume and exercise fully jurisdiction over its Area on and after 1 July (3) Notwithstanding the date of its publication in the Gazette or the date, being one before 1 July 1979, specified therein for its commencement, a by-law of the Council of the Shire of Logan shall not have any force or effect until 1 July 1979 save a by-law that provides only for one or more of the following matters:- (a) the business and procedure at meetings of the Council; (b) the regulation of officers of the Council; (c) the business practices and accounting methods and practices of the Council. 12. Raising and expenditure of moneys by Council. The Council of the Shire of Logan is authorized to raise subject to and in accordance with the Local Government Act , before 1 July 1979, loans of such moneys as are necessary not only for the purpose of exercising and performing the powers and duties referred to in section 11 (2) but also for the purpose of performing the functions of local government after that date : Provided that before 1 July 1979 the Council shall not expend moneys otherwise than in the exercise and performance of the powers and duties referred to in section 11 (2). 13. Adoption of by-laws. (1) The Council of the Shire of Logan may, by its resolution, adopt a by-law made by any other Local Authority in relation to any matter to be the by-law having force and effect in the Area of the Council in relation to that matter and, until the Council makes its own by-law in relation to that matter the by-law so adopted shall be deemed to be the by-law duly made by the Council in relation to that matter and with all necessary adaptations shall, subject to section 11 (3), have force and effect in the Shire of Logan in relation to that matter. 12, 67042

6 346 Local Government (Adjustment of Boundaries) Act 1978, No. 43 (2) Notification of the passing of a resolution under subsection (1) shall be published by the Council in the Gazette and in a newspaper within seven days after the passing of the resolution. For the purpose of this subsection, the term " newspaper " has the same meaning assigned to that term by the Local Government Act Valuation of lands. (1) The provisions of this section apply in respect of the valuation of lands to which the section refers notwithstanding anything contained in the Valuation of Land Act (2) The Valuer-General shall, as soon as practicable after the passing of this Act, make a valuation, such as is required by section 11 (1) of the Valuation of Land Act to be made, of all lands required by that section to be valued, which are by this Act excluded from the Shire of Albert and included in the Shire of Logan. Such valuation shall be made as at 31 December 1976 which date shall be deemed to have been fixed by the Valuer-General in respect of the valuation under section 11 (2) of the Valuation of Land Act (3) The valuation referred to in subsection (2) shall, subject to objection or appeal under the Valuation of Land Act and to section 13 (2) of that Act, be the valuation of the lands to which it relates on and after 30 June 1979 until a further valuation takes effect in respect of the lands pursuant to that Act. (4) If at 30 June 1979 the valuation of all lands which are by this Act excluded from the Shire of Beaudesert and included in the Shire of Logan, made by the Valuer-General as at 31 December 1976 is not the valuation of those lands in accordance with the Valuation of Land Act , that valuation shall, subject to objection or appeal under that Act and to section 13 (2) of that Act, be the valuation of those lands on and after 30 June 1979 until a further valuation takes effect in respect of those lands pursuant to that Act. (5) The valuation referred to in subsection (4) shall, subject to objection or appeal under the Valuation of Land Act and to section 13 (2) of that Act, be, or as the case may be, continue to be the valuation of the lands referred to in that subsection until a further valuation takes effect in respect of those lands pursuant to that Act notwithstanding that when the valuation was made those lands were part of the Shire of Beaudesert and, by this Act, are excluded from that Shire and included in the Shire of Logan. (6) If the provisions of subsection (4) take effect, all powers conferred on the Governor in Council or other person by the Valuation of Land Act may be exercised so as to take effect in respect of a valuation of lands in the Shire of Beaudesert that are not by this Act excluded from that Shire as if this Act had not been passed. 15. Liability for outstanding rates. If an amount of rates, fees, charges, fares, rents or dues or interest thereon has accrued due and owing to either the Council of the Shire of Albert or the Council of the Shire of Beaudesert on the basis of ownership or occupation of land excluded from either of those Shires and included in the Shire of Logan and the same is outstanding as at 1 July 1979 it shall be deemed that the same has accrued due and owing and is payable to the Council of the Shire of Logan, which shall be deemed to have duly made, levied and imposed the rate, fee, charge, fare, rent or due, as the case may be, and the same shall be and remain due, payable and leviable and may be paid to and received, levied and recovered by that Council accordingly.

7 Local Government (Adjustment of Boundaries) Act 1978, No Apportionment of assets and liabilities. (1) The Governor in Council may, by Order in Council, declare and apportion assets and liabilities-- (a) between the Council of the Shire of Albert and the Council of the Shire of Logan; and (b) between the Council of the Shire of Beaudesert and the Council of the Shire of Logan, as appears to him to be just. (2) If the Governor in Council exercises the powers conferred on him by subsection (1) the provisions of paragraph (vf) of section 5 (2) of the Local Government Act shall apply asiftheexercise ofpower were a declaration and apportionment under paragraph (ii) of section 5 (2) of that Act. 17. Adjustments relating to town planning scheme. The Governor in Council may by Order in Council make such declarations and give such directions as he thinks fit in respect of the continuing in force of any town planning scheme or by-law made in pursuance of section 33 (21) of the Local Government Act in those lands which are by this Act excluded from the Shire of Albert or the Shire of Beaudesert and included in the Shire of Logan and in respect of rights, liabilities or matters relating to or in connexion with such town planning scheme or by-law requiring to be settled, adjusted or completed in consequence of this Act and every such declaration and direction shall have effect and be given effect according to its tenor. 18. Transitional. Subject to this Act, the exclusion of lands from the Shire of Albert and the Shire of Beaudesert and the inclusion of those lands in the Shire of Logan shall not- (a) prejudice or affect any right, power or authority which has accrued to debenture holders; (b) affect any right, interest, title, power or privilege created, acquired, accrued, established, or exercisable, or any status or capacity existing, prior to 1 July 1979; (c) affect any duty, obligation, liability, penalty, forfeiture or punishment incurred or imposed, or liable to be incurred or imposed prior to 1 July 1979; or (d) affect any investigation, legal proceeding or remedy in respect of any such right, interest, title, power, privilege, status, capacity, duty, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed or enforced as if those lands had not been excluded from the Shire of Albert or, as the case may be, Shire of Beaudesert and included in the Shire of Logan. 19. Continuity in staff employment. In the appointment by the Council of the Shire of Logan of a staff of officers to enable that Council to assume and exercise fully jurisdiction over its Area on and after 1 July 1979 that Council and the Councils of the Shire of Albert and the Shire of Beaudesert shall have regard to the desirability of continuity of employment for those persons who are employed in the service of either the Council of the Shire of Albert or the Council of the Shire of Beaudesert, at the time of the constitution of the Council of the Shire of Logan.

8 348 Local Government (Adjustment of Boundaries) Act 1978, No. 43 FIRST SCHEDULE [s. 2] Commencing at the south-western corner of portion 374A, parish of Redland on Buhot Creek, and bounded thence by that portion and a line south-easterly to portion 120, by that portion and a line in continuation southerly to portion 381, by that portion westerly, southerly and generally south-easterly to a point north from the north-east corner of portion 407, by a line thereto, by that portion southerly to portion 315, parish of Mackenzie, by that portion easterly to its north-east corner, by portion 238 and a line northerly and easterly to the boundary of the Shire of Redland proclaimed by Order in Council dated 10th May, 1973 on page 246 of the Government Gazette, by that Shire boundary generally easterly and southerly to the left bank of the Logan River, by that bank upwards to the north-east corner of portion 48 parish of Mackenzie, by that portion, a line, portions 316 and 47, a line and portion 16v westerly to the north-west corner of the last mentioned portion, by portion 16v and 41v southerly to the north-west corner of lot 5 on RP , by a line, portion 60v, a line, portion 52v, a line and portion 283, Subdivisions 1 to 5 of portion 30v, portions 55v, 28v and 39v generally westerly to the northwest corner of the last mentioned portion, by portions 39v and 38v southerly to a point east from the north-east corner of portion 433, parish of Perry, by a line thereto, by that portion, portions 14v and 15v, a line, portions 449 and 436 generally westerly to the north-west corner of the last mentioned portion, by a line south-westerly to portion 24, by that portion and a line westerly to portion 428, by that portion and a line north-westerly to portion 427, by that portion and R.2025 (State School Reserve) northerly to the north-east corner of that reserve, by the south-western and southern alignments of the road intersecting portion 14, parish of Mitchell, north-westerly and westerly to Oxley Creek, by that creek downwards to the eastern corner of portion 68, parish of Stapylton, by that portion and portion 75, north-westerly and westerly to the north-west corner of the latter portion, by a line, portions 58v, 57v and 78, the south-western and western alignments of the road intersecting the last mentioned portion, and again by portion 78 generally north-westerly to its north-western corner, by a line, portions 53 and 47, parish of Woogaroo generally northerly to the Boundary of the City of Brisbane as described in Schedule I to the City of Brisbane Act and by that boundary and a line generally easterly, northerly and easterly to the point of commencement:-being the area delineated on map No. SC214 deposited in the Department of Mapping and Surveying at Brisbane. SECOND SCHEDULE [s. 4] Commencing at a point on the left bank of the Logan River north from the north-west corner of portion 26, parish of Boyd, by a line thereto, by that portion, a line, portion 22 and a line southerly to portion 150, by that portion, portion 145 and a line westerly and southerly to portion 114, by that portion, portion 155, a line and portions 383, 307 and 313, parish of Moffatt, a line, portion 312 and a line crossing the Logan River westerly to the north-east corner of portion 48, parish of Mackenzie on the left bank of the Logan River; and by that bank downwards to the point of commencement.