Queensland: City of Brisbane Act 2010 (Qld)

City of Brisbane Act 2010 An Act to provide a system of local government in the City of Brisbane Chapter 1 Preliminary 1 Short title This Act may be cited as the City of Brisbane Act 2010. 2 Commencement (1) This Act, other than the following, commences on 1 July 2010— (a) section 344; (b) schedule 1, amendments of this Act. (2) Schedule 1, amendments of this Act, commences on 2 July 2010. 3 Purpose of this Act (1) The purpose of this Act is to provide for— (a) the way in which the Brisbane City Council is constituted and the unique nature and extent of its responsibilities and powers; and (b) a system of local government in Brisbane that is accountable, effective, efficient and sustainable. (2) Compared to other local governments in Queensland, the council is unique in its nature and the extent of its responsibilities and powers for the following reasons— (a) Brisbane is the capital city of Queensland; (b) the council is the largest provider of local government services in Queensland; (c) there are 26 councillors (other than the mayor) who each represent the interests of the residents of a ward; (d) the mayor has unique responsibilities as the mayor of a capital city; (e) the council has an Establishment and Coordination Committee that coordinates its business; (f) the chairperson of the council presides at all of its meetings and is responsible for ensuring the council's procedures for the conduct of its meetings are observed and enforced. 4 Local government principles underpin this Act (1) To ensure the system of local government in Brisbane is accountable, effective, efficient and sustainable, Parliament requires— (a) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and (b) any action that is taken under this Act to be taken in a way that— (i) is consistent with the local government principles; and (ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action. (2) The local government principles are— (a) transparent and effective processes, and decision-making in the public interest; and (b) sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) democratic representation, social inclusion and meaningful community engagement; and (d) good governance of, and by, local government; and (e) ethical and legal behaviour of councillors, council employees and councillor advisors. 5 Relationship with Local Government Act (1) Although the Brisbane City Council is a local government, this Act, rather than the Local Government Act, provides for— (a) the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and (b) a system of local government in Brisbane. (2) Generally, the Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors. (3) However, particular provisions of the Local Government Act apply, or may apply, to the Brisbane City Council as a local government. Examples— 1 The Local Government Act, chapter 7, part 2 applies to the council as a local government for the purpose of superannuation for certain persons who are connected to the council. 2 The Local Government Act, chapter 2A would apply to the council if the council were a component local government for a joint local government. 3 The Local Government Act, chapter 5, part 1 applies to the council as a local government for the purpose of providing for powers of the State to monitor and evaluate the council and its councillors and to take remedial action, including suspending or dismissing a councillor or dissolving the council. 4 The Local Government Act, chapter 5A applies to the council as a local government for the purpose of dealing with the conduct of councillors, including at a meeting of the council or its committees. 5 The Local Government Act, chapter 6, part 7 applies to the council as a local government if an interim administrator is appointed to act in place of its councillors under the Local Government Act, chapter 5, part 1. 6 Definitions The dictionary in schedule 2 defines particular words used in this Act. Chapter 2 Brisbane City Council Part 1 City of Brisbane 7 City of Brisbane (1) The area of Brisbane continues to be a city under the name 'City of Brisbane'. (2) The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act. (3) Brisbane is the capital city of Queensland. (4) A regulation may describe the boundaries of Brisbane. Part 2 Council constitution, responsibilities and powers 8 What this part is about This part explains— (a) what the Brisbane City Council is; and (b) who constitutes the council; and (c) the responsibilities and powers of the council, its councillors and its employees. 9 The Brisbane City Council's responsibility for Brisbane The Brisbane City Council (the council) is the elected body that is responsible for the good rule and local government of Brisbane. 10 Brisbane City Council is a body corporate The council— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued, and otherwise exercise its powers, under the name 'Brisbane City Council'. 11 Powers of council generally (1) The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane. Note— Also, see section 242 for more information about powers. (2) However, the council can only do something that the State can validly do. (3) When exercising a power, the council may take account of Aboriginal tradition and Island custom. (4) The council may exercise its powers— (a) inside Brisbane; or (b) outside Brisbane (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided under section 12(5). (5) When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane. (6) Subsections (7) and (8) apply if the council is a component local government for a joint local government. (7) Despite subsection (1), the council may not, within the joint local government's area, exercise a power for which the joint local government has jurisdiction. (8) However, the council may exercise the power as a delegate of the joint local government. 12 Power includes power to conduct joint government activities (1) The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity. (2) A joint government activity includes providing a service, or operating a facility, that involves the other governments. (3) The cooperation with another government may take any form, including for example— (a) entering into an agreement; or (b) creating a joint local government entity, or joint government entity, to oversee the joint government activity; or (c) being a component local government for a joint local government. Note— For the establishment of joint local governments, see the Local Government Act, chapter 2A. (4) A joint government activity may be set up for more than 1 purpose. Example— Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments. (5) The council may exercise a power in another government's area for the purposes of a joint government activity, in the way agreed by the governments. (6) However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government's area. Note— See section 30 for more information about making local laws. 13 Who the council is constituted by (1) Usually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Local Government Electoral Act 2011. (2) However— (a) if all of the councillors have been suspended or the council has been dissolved under the Local Government Act, section 123 and an interim administrator is appointed—the council is constituted by the interim administrator; or (b) if there are no councillors for any other reason and an interim administrator has not been appointed—the council is constituted by its chief executive officer. 14 Responsibilities of councillors (1) A councillor must represent the current and future interests of the residents of Brisbane. (2) All councillors have the same responsibilities, but the mayor has some extra responsibilities. (3) All councillors have the following responsibilities— (a) ensuring the council— (i) discharges its responsibilities under this Act; and (ii) achieves its corporate plan; and (iii) complies with all laws that apply to the council; (b) providing high quality leadership to the council and the community; (c) participating, for the benefit of Brisbane, in— (i) meetings of the council; and (ii) policy development and decision-making about matters being considered at a meeting of the council; (d) being accountable to the community for the council's performance. (4) The mayor has the following extra responsibilities— (a) implementing the policies adopted by the council; (b) developing and implementing policies, other than policies that conflict with policies adopted by the council; (c) leading and controlling the business of the council; (d) preparing a budget to present to the council; (e) leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council; (f) ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister; (g) arranging representation of the council at ceremonial or civic functions; (h) directing the chief executive officer and senior executive employees of the council under section 170. (5) When performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane. 15 Responsibilities of council employees (1) All employees of the council have the following responsibilities— (a) implementing the policies and priorities of the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) carrying out their duties in a way that ensures the council— (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to the council; and (iii) achieves its corporate plan; (c) providing sound and impartial advice to the council; (d) carrying out their duties impartially and with integrity; (e) ensuring their personal conduct does not reflect adversely on the reputation of the council; (f) improving all aspects of their work performance; (g) observing all laws relating to their employment; (h) observing the ethics principles under the Public Sector Ethics Act 1994, section 4; (i) complying with a code of conduct under the Public Sector Ethics Act 1994. (2) The chief executive officer has the following extra responsibilities— (a) managing the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement; (b) managing the other council employees through management practices that— (i) promote equal employment opportunities; and (ii) are responsive to the council's policies and priorities; (c) establishing and implementing goals and practices in accordance with the policies and priorities of the council; (d) establishing and implementing practices about access and equity to ensure members of the community have access to— (i) council programs; and (ii) appropriate avenues for reviewing council decisions; (e) the safe custody of— (i) all records about the proceedings, accounts or transactions of the council or its committees; and (ii) all documents owned or held by the council; (f) complying with particular requests under section 171 from councillors. Part 3 Wards of Brisbane 16 What this part is about This part is about the number of electors that are to be in each ward of Brisbane to ensure democratic representation. 17 Wards of Brisbane (1) Brisbane is divided into 26 areas called wards. (2) A regulation may describe the boundaries of any ward of Brisbane. (3) Each ward of Brisbane must have a reasonable proportion of electors. (4) A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%. Example— If the total number of electors in Brisbane is 1,500,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300,000 (i.e. 1,500,000 divided by 5) plus or minus 10%, i.e. between 270,000 and 330,000 electors. (5) When changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen. 18 Review of wards of Brisbane The council must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections— (a) review whether each of the wards of Brisbane has a reasonable proportion of electors; and (b) give the electoral commissioner and the Minister written notice of the results of the review. Part 4 Changing Brisbane area or representation Division 1 Introduction 19 What this part is about (1) This part is about making a boundary change. (2) A boundary change is a change of the boundaries of Brisbane or any ward of Brisbane. (3) In summary, the process for making a boundary change is as follows— • assessment—the change commission assesses whether a proposed boundary change is in the public interest • implementation—the Governor in Council implements the boundary change under a regulation. (4) The change commission, which conducts the assessment phase of the process, is an independent body created under the Local Government Act. Division 2 The process for change 20 Who may start the change process For a boundary change— (a) the council; or (b) the Minister; or (c) the electoral commission; may apply to the change commission to assess whether the change should be made. 21 Assessment (1) The change commission is responsible for assessing whether a proposed boundary change is in the public interest. (2) In doing so, the change commission must consider— (a) whether the proposed boundary change is consistent with a local government related law; and (b) the views of the Minister about the proposed boundary change; and (c) any other matters prescribed under a regulation. (3) The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by— (a) asking for submissions from any local government that would be affected by the proposed boundary change; or (b) holding a public hearing (in the way set out in chapter 7, part 1) to ask the public for its views about the proposed boundary change. (4) However, the Minister may direct the change commission in writing to conduct its assessment of the proposed boundary change in a particular way. (5) Despite subsection (3), the change commission must comply with the Minister's direction. (6) The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results— (a) in the gazette; and (b) on the electoral commission's website. (7) The change commission must also give the results of its assessment to the Minister. (8) The change commission may recommend that the Governor in Council implement the change commission's assessment. 22 Implementation (1) The Governor in Council may implement the change commission's recommendation under a regulation. (2) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change. (3) For example, the regulation may provide for— (a) holding or postponing a council election; or (b) the transfer of assets and liabilities between the council and another local government. (4) The council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change. (5) A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001. 23 Decisions under this division are not subject to appeal A decision of the change commission under this division is not subject to appeal. Note— See section 226 for more information. Chapter 3 The business of the council Part 1 Statutory committees and council meetings Division 1 Statutory committees of the council 24 Establishment and Coordination Committee (1) The standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council. (2) The committee coordinates the business of the council. (3) The committee consists of the mayor and all committee chairpersons of the standing committees of the council. (4) Only a councillor may be a member of the committee. (5) The mayor is the chairperson of the committee. (6) The committee is collectively responsible to the council. Division 2 Meetings of the council or its committees 25 Chairperson of the council (1) The council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant. (2) The chairperson of the council presides at all meetings of the council and is responsible for ensuring the council's procedures for the conduct of its meetings are observed and enforced. Note— The chairperson of the council also has powers under the Local Government Act, section 150I in relation to particular conduct of councillors at meetings of the council. (3) However, the chairperson of the council does not preside at meetings of committees of the council. Note— A committee chairperson presides at meetings of a committee of the council. 26 Mayor as member of standing committees of the council (1) The mayor is a member of all standing committees of the council. (2) The mayor may, at the mayor's discretion, attend, participate in or vote at any meeting of a standing committee of the council. Part 2 Local laws Division 1 Introduction 27 What this part is about (1) This part is about local laws. (2) A local law is a law made by the council. (3) Unless there is a contrary intention, a reference in this Act to a local law includes a reference to— (a) an interim local law; and (b) a subordinate local law; and (c) a local law that incorporates a model local law. (4) An interim local law is a local law that has effect for 6 months or less. (5) A subordinate local law is a local law that— (a) is made under a power contained in a local law; and (b) provides for the detailed implementation of the broader principles contained in the local law. (6) A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency. (7) A model local law is a local law approved by the Minister under the Local Government Act, section 26(7), as being suitable for incorporation by all local governments into their local laws. 28 Interaction with State laws If there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency. Division 2 Making, recording and reviewing local laws 29 Power to make a local law (1) The council may make and enforce any local law that is necessary or convenient for the good rule and local government of Brisbane. (2) However, the council must not make a local law— (a) that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or (b) that purports to stop a local law being amended or repealed in the future; or (c) about a subject that is prohibited under division 3. 30 Local law making process (1) The council may decide its own process for making a local law to the extent that the process is not inconsistent with this part. (2) The council makes a local law by passing a resolution to make the local law. (3) If the council proposes to make a local law about a matter (the new local law) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency. Note— The new local law may include the amendment or repeal of the inconsistent law in the same instrument. (4) An interim local law must include a provision stating when the law expires. (5) The council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992, section 9 for local laws and subordinate local laws. (6) To remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following— (a) an interim local law; (b) a local law that only incorporates a model local law and does not contain an anti-competitive provision. 31 State interest check (1) This section applies if the council proposes to make a local law other than the following— (a) a local law that incorporates a model local law; (b) a subordinate local law. (2) However, this section also applies to a local law that incorporates a model local law if the local law includes more than— (a) the model local law; or (b) any amendment or repeal of an existing local law that would be inconsistent with the model local law. (3) The council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law. 32 Publication of local laws (1) The council must let the public know that a local law has been made by the council, by publishing a notice of making the local law— (a) in the gazette; and (b) on the council's website. (2) The notice must be published within 1 month after the day when the council made the resolution to make the local law. (3) The notice in the gazette must state— (a) that the notice is made by the council; and (b) the date when the council made the resolution to make the local law; and (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law. (4) The notice on the council's website must state— (a) that the notice is made by the council; and (b) the date when the council made the resolution to make the local law; and (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law; and (e) if the local law incorporates a model local law—that fact; and (f) if the local law is an interim local law—that fact, and the date on which the interim local law expires; and (g) if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and (h) the purpose and general effect of the local law; and (i) if the local law contains an anti-competitive provision—that fact; and (j) that a copy of the local law may be— (i) inspected and purchased at the council's public office; and (ii) viewed by the public on the department's website. (5) As soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be viewed and purchased by the public at the council's public office. (6) A copy of a local law must cost no more than the cost to the council of making the copy available for purchase. (7) Within 14 days after the notice is published in the gazette, the council must give the Minister— (a) a copy of the notice; and (b) a copy of the local law in electronic form. 33 Expiry of interim local law revives previous law (1) This section applies if— (a) an interim local law amends or repeals a local law; and (b) the interim local law expires; and (c) the interim local law is not made (either with or without change) as a local law. (2) When the interim local law expires— (a) the local law is revived in its previous form; and (b) any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form. (3) The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced. (4) This section does not affect anything that was done or suffered under the interim local law before it expired. (5) This section applies despite the Acts Interpretation Act 1954, section 19. 34 Local law register (1) The council must keep a register of its local laws, in the way that is required under a regulation. (2) The council must ensure the public may view the register at its public office or on its website. (3) The department's chief executive must keep a database of the council's local laws and ensure a copy of the database may be viewed by the public on the department's website. 35 Consolidated versions of local laws (1) The council must prepare and adopt a consolidated version of a local law. (2) A consolidated version of a local law is a document that accurately combines the council's local law, as it was originally made, with all the amendments made to the local law since the local law was originally made. (3) When the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary. (4) Within 7 days after the council adopts the consolidated version of the local law, the council must give the Minister a copy of the consolidated version of the local law in electronic form. 36 [Repealed] Division 3 Local laws that can not be made 37 What this division is about This division specifies the subjects that the council must not make a local law about. 38 Network connections (1) The council must not make a local law that regulates network connections. (2) A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network. (3) A local law, to the extent that it is contrary to this section, has no effect. 39 Election advertising (1) The council must not make a local law that— (a) prohibits or regulates the distribution of how-to-vote cards; or (b) prohibits the placement of election signs or posters. (2) A how-to-vote card includes a how-to-vote card under the Electoral Act. (3) An election sign or poster is a sign or poster that is able, or is intended, to— (a) influence a person about voting at any government election; or (b) affect the result of any government election. (4) A government election is an election for a local, State or Commonwealth government. (5) A local law, to the extent that it is contrary to this section, has no effect. 40 Development processes (1) The council must not make a local law that establishes an alternative development process. (2) An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act. (3) However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time. (4) A local law has no effect to the extent that it is contrary to this section. (5) This section does not apply to a local law about any of the following matters unless the matter is covered by the council's planning scheme, the Planning Act or another instrument made under that Act— (a) advertising devices; (b) gates and grids; (c) roadside dining. 40A Regulation of sex work (1) The council must not make a local law that prohibits or regulates sex work or the conduct of a sex work business. (2) A local law has no effect to the extent that it is contrary to this section. (3) In this section— sex work means the provision by a person of the following services for payment or reward— (a) services involving the person participating in a sexual activity with another person; (b) services involving the use or display of the person's body for the sexual arousal or gratification of another person. sex work business means a business that provides services that include sex work and includes, for example— (a) an escort agency providing services that include sex work; or (b) a home-based sex work business. 41 Anti-competitive provisions (1) The council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. (2) A local law, to the extent that it is contrary to this section, has no effect. (3) This section does not apply to an interim local law. 41A Swimming pool safety (1) The council must not make a local law that regulates— (a) the construction or maintenance of barriers for a regulated pool; or (b) a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act, section 231D(1), definition pool safety standard, paragraph (b). (2) If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1), the council— (a) must not amend the provision after the commencement; and (b) must repeal the provision by 1 January 2017. (3) A local law, to the extent that it is contrary to this section, has no effect. (4) In this section— barriers, for a regulated pool, includes any of the following— (a) the fencing for the pool; (b) the walls of a building enclosing the pool; (c) another form of barrier mentioned or provided for in the pool safety standard under the Building Act. Division 4 Action by the Minister about particular local laws 42 Suspending or revoking particular local laws (1) This section applies if the Minister reasonably believes a local law— (a) is contrary to any other law; or (b) is inconsistent with the local government principles; or (c) does not satisfactorily deal with the overall State interest. (2) The Minister, by gazette notice, may— (a) suspend the local law, for a specified period or indefinitely; or (b) revoke the local law. (3) The gazette notice must state— (a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and (b) if the local law has been suspended—how the local law may be amended so that it— (i) is no longer contrary to the other law; or (ii) is no longer inconsistent with the local government principles; or (iii) satisfactorily deals with the overall State interest. (4) If the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice. (5) If the Minister revokes the local law— (a) the local law stops having effect on the day specified in the gazette notice; or (b) if no day is specified in the gazette notice—the local law is taken to never have had effect. (6) The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section. (7) A decision of the Minister under this section is not subject to appeal. Note— See section 226 for more information. Division 5 Miscellaneous 42A Local law about seizing and disposing of personal property (1) This section applies if— (a) the council has made a local law about seizing and disposing of personal property; and (b) personal property is seized under the local law. (2) If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order— (a) in payment of the reasonable expenses incurred in selling or disposing of the property; (b) in payment of the prescribed fee for seizing and holding the property; (c) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest; (d) the balance to the owner of the property. (3) A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2)(a) or (b). (4) In this section— personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10. secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10. 42B Owners' liability for party houses (1) The council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property. (2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease. (3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence. (4) To remove any doubt, it is declared that— (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis. (5) In a proceeding about a contravention of the local law— (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and (b) a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it. (6) A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000, section 581(3). (7) Despite subsection (5), a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing. (8) The court may give leave only if the court is satisfied that— (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or (b) it is in the interests of justice that the person be called to give evidence. (9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane. (10) The police commissioner must comply with the request. Part 3 Beneficial enterprises and business activities Division 1 Beneficial enterprises 43 What this division is about (1) This division is about beneficial enterprises that are conducted by the council. (2) This division does not apply to a business unit of the council. (3) A beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane. (4) The council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise. 44 Conducting beneficial enterprises (1) The council may conduct a beneficial enterprise. (2) To conduct the beneficial enterprise, the council— (a) may participate with an association; but (b) must not, either directly or by participating with an association, participate with an unlimited corporation. Note— Under the Statutory Bodies Financial Arrangements Act 1982, the council may need the Treasurer's approval before entering into particular financial arrangements. (3) An association is— (a) a partnership; or (b) a corporation limited by shares but not listed on a stock exchange; or (c) a corporation limited by guarantee but not listed on a stock exchange; or (d) another association of persons that is not a corporation. (4) An unlimited corporation means a corporation whose members have no limit placed on their liability. (5) The council participates with an association or unlimited corporation if the council— (a) forms, or takes part in forming, an association or unlimited corporation; or (b) becomes a member of an association or unlimited corporation; or (c) takes part in the management of an association or unlimited corporation; or (d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation. 45 Identifying beneficial enterprises The council's annual report for each financial year must contain a list of all the beneficial enterprises that the council conducted during the financial year. 46 [Repealed] Division 2 Business reform, including competitive neutrality 47 What this division is about (1) This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council. (2) This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation. (3) Under the competitive neutrality principle, an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector. (4) A significant business activity is a business activity of the council that— (a) is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and (b) meets the threshold prescribed under a regulation. (5) However, a significant business activity does not include a business activity that is— (a) a building certifying activity; or (b) a roads activity; or (c) related to the provision of library services. Note— A building certifying activity or roads activity is dealt with under section 51. 48 Ways to apply the competitive neutrality principle (1) The competitive neutrality principle may be applied by— (a) commercialisation of a significant business activity; or (b) full cost pricing of a significant business activity. (2) Commercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis. (3) Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit. (4) A regulation may provide for— (a) matters relating to commercialisation or full cost pricing; or (b) any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council. 49 Identifying significant business activities The council's annual report for each financial year must— (a) contain a list of all the business activities that the council conducted during the financial year; and (b) identify the business activities that are significant business activities; and (c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and (d) state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities. 50 Assessing public benefit (1) This section applies to a new significant business activity that is identified in the annual report of the council. (2) The council must conduct a public benefit assessment of the new significant business activity. (3) A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle. (4) The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report. (5) The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity. (6) At a meeting of the council, the council must— (a) consider the report; and (b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity. (7) Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied. (8) The council must give the Minister a copy of— (a) the report; and (b) all resolutions made in relation to the report. (9) If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision, repeat the process in this section. (10) Subsection (9) also applies to a decision that was made before the commencement of this section. 51 Code of competitive conduct (1) This section is about the code of competitive conduct. (2) The code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act. (3) The council must apply the code of competitive conduct to the conduct of the following business activities of the council— (a) a building certifying activity; (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement. (4) A building certifying activity is a business activity that— (a) involves performing building certifying functions (within the meaning of the Building Act, section 10); and (b) is prescribed under a regulation. (5) A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves— (a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or (b) submitting a competitive tender in relation to— (i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender. (6) The council must start to apply the code of competitive conduct— (a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or (b) for a roads activity—from when the roads activity is first conducted. (7) The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation. (8) If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so. (9) Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities. 52 Competitive neutrality complaints (1) The council must adopt a process for resolving competitive neutrality complaints. (2) A competitive neutrality complaint is a complaint that— (a) relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and (b) is made by an affected person. (3) An affected person is— (a) a person who— (i) competes with the council in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or (b) a person who— (i) wants to compete with the council in relation to the business activity; and (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council. (4) A regulation may provide for the process for resolving competitive neutrality complaints. (5) The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation. Division 3 [Repealed] 53 [Repealed] 54 [Repealed] 55 [Repealed] 56 [Repealed] 57 [Repealed] 58 [Repealed] 59 [Repealed] 60 [Repealed] 61 [Repealed] 62 [Repealed] Division 4 [Repealed] 63 [Repealed] 64 [Repealed] Part 4 Roads and other infrastructure Division 1 Roads 65 What this division is about (1) This division is about roads. (2) A road is— (a) an area of land that is dedicated to public use as a road; or (b) an area of land that— (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (ii) is open to, or used by, the public; or (c) a footpath or bicycle path; or (d) a bridge, culvert, ford, tunnel or viaduct. (3) However, a road does not include— (a) a State-controlled road; or (b) a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth); or (c) a public thoroughfare easement. 66 Control of roads (1) The council has control of all roads in Brisbane. (2) This control includes being able to— (a) survey and resurvey roads; and (b) construct, maintain and improve roads; and (c) approve the naming and numbering of private roads; and (d) name and number other roads; and (e) make a local law to regulate the use of roads, including— (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995; and (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and (f) make a local law to regulate the construction, maintenance and use of— (i) public utilities along, in, over or under roads; and (ii) ancillary works and encroachments along, in, over or under roads; and (g) realign a road in order to widen the road; and (h) acquire land for use as a road. (3) Nothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road. (4) A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road. 67 Notice of intention to acquire land to widen a road (1) If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land. (2) A notice of intention to acquire land informs the owner in general terms of this section and section 68. (3) However, the council can not, without the consent of the Planning and Environment Court, serve a notice of intention to acquire land on an owner of land after the owner has applied to the council— (a) for approval to subdivide the land; or (b) for approval, consent or permission— (i) to erect or use a structure on the land; or (ii) to use the land for any other purpose. (4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road. (5) After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council's permission. (6) The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land. (7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced. 68 Compensation for a notice of intention to acquire land (1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land. (2) The person is entitled to compensation from the council for injurious affection to the person's interest in the land because of the notice of intention to acquire land. (3) However, the compensation is not payable until— (a) the land is sold for the first time after the notice of intention to acquire land was served; or (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price. (4) The compensation must be assessed in accordance with the following principles— (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served; (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land. (5) A claim for compensation must be made— (a) within 3 years after the entitlement to compensation arose; and (b) to the chief executive officer in the approved form. (6) The claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim. (7) If, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made. 69 Appeal on a claim for compensation (1) A person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Land Court. (2) The appeal must be started within 30 days after— (a) notice of the decision is given to the claimant; or (b) the decision is taken to have been made. (3) However, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so. (4) In order to award compensation, the Land Court must be satisfied— (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or (b) if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith. 70 Acquisition of land instead of compensation (1) After a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection. (2) If, after a notice of intention to acquire land is served, the land is cleared of all structures— (a) the council may acquire the land; and (b) if required by the owner of the land, the council must acquire the land. (3) The acquired land must be dedicated for public use as a road within 3 months after its acquisition. (4) Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition. 71 What is to happen if a realignment is not carried out (1) This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land. (2) This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane. (3) The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road. (4) With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must— (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road. (5) The notice of the council's decision must inform the owners in general terms of this section and section 72. 72 Compensation if realignment not carried out (1) This section applies if— (a) the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and (b) structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected. (2) The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision. (3) The amount of compensation is the difference between the value of the land before and after the decision. (4) If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court. (5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section. (6) The council's decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section. 73 Acquiring land for use as a footpath (1) The council may acquire land that adjoins a road for use as a footpath. (2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate— (a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or (ii) at a specified depth below the level of the new footpath; (b) a right— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure; (c) a right of support for a structure mentioned in paragraph (a) or (b). (3) The right mentioned in subsection (2)(a) is subject to the council's right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary. 74 Notice to the council of opening or closing of roads (1) This section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council. (2) The Land Act Minister, or the applicant for the application, must give written notice of the application to the council. (3) The Land Act Minister is the Minister administering the Land Act. (4) The notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road. (5) An objection must fully state the reasons for the objection. (6) The Land Act Minister must have regard to any objections properly made by the council. (7) If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council— (a) of the decision; and (b) if the decision is contrary to the council's objection, the reasons for the decision. 75 Closing roads (1) The council may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic. (2) Also, the council may close a road to all traffic, or traffic of a particular class— (a) during a temporary obstruction to traffic; or (b) if it is in the interests of public safety; or (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example). (3) The council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example). (4) The council may do everything necessary to stop traffic using the road after it is closed. (5) If a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate. 76 Temporary roads (1) This section applies if— (a) the council wants to remake or repair a road; and (b) it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted. (2) The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired. (3) However, a council employee or contractor may enter the land only if— (a) the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or (b) the council has given the owner or occupier of the land at least 3 days written notice tha