Queensland Numbered Acts

SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011 No. 17 - SECT 7

Before schedule 2—

insert—

'(1) This section continues the implementation of the following limited reviewable local government matters implemented under section 282A—

(a) a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010;

(b) a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010.

'(2) To remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government.

'(3) To remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government.

Example—

Any material associated with a road or bridge is an asset.

'(4) An existing planning scheme applies after 17 September 2010 until the current local government makes or amends a planning scheme to include the relevant lot.

'(5) The existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area.

'(6) A reference in a document about a relevant lot to a former local government may, as appropriate, be taken to be a reference to the current local government.

'(7) In this section—

action means the performance of a function, or the exercise of a power, including the following—

(a) an application about land;

(b) the amount of rate for land on a relevant lot;

(c) a demand for payment of an amount of rate;

(d) any requirement under an Act.

current local government means the local government for a relevant lot immediately after 17 September 2010.

existing planning scheme means a planning scheme for a relevant lot made by the former local government before 17 September 2010.

former local government means the local government for a relevant lot immediately before 17 September 2010.

relevant lot means a lot, shown on a map showing the boundaries of a local government area, that was transferred from the former local government to the current local government on 17 September 2010.'.