ch.2-pt.1
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Direct links to the current provisions in City of Brisbane Regulation 2012.
External boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1. To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane. Brisbane is the council’s local government area. A watercourse includes a canal, lake or river. s 3 amd 2015 SL No. 182 s 10 ; 2016 SL No. 195 s 3 ; 2019 SL No. 259 s 6 (sec.3-ssec.1) External boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1. (sec.3-ssec.2) To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane. Brisbane is the council’s local government area. (sec.3-ssec.3) A watercourse includes a canal, lake or river.
The wards of Brisbane are named in schedule 1 . The boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27. For each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name. s 4 amd 2015 SL No. 182 s 11 ; 2016 SL No. 195 s 4 ; 2019 SL No. 259 s 7 (sec.4-ssec.1) The wards of Brisbane are named in schedule 1 . (sec.4-ssec.2) The boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27. (sec.4-ssec.3) For each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name.
The department’s chief executive must ensure— the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and a copy of the map may be viewed by the public at the place or places; and the council has a copy of the map. The council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office. s 5 amd 2015 SL No. 182 s 12 ; 2016 SL No. 195 s 5 ; 2019 SL No. 259 s 8 (sec.5-ssec.1) The department’s chief executive must ensure— the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and a copy of the map may be viewed by the public at the place or places; and the council has a copy of the map. (sec.5-ssec.2) The council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office.
This part prescribes, for section 21 (2) (c) of the Act , the other matters to be considered by the change commission when assessing whether a proposed boundary change is in the public interest.
The external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties. The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service. (sec.7-ssec.1) The external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties. (sec.7-ssec.2) The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.
Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane. A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside Brisbane; a contribution for the operation of an activity, facility or service outside Brisbane; resource sharing by the council and other local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act . (sec.8-ssec.1) Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane. (sec.8-ssec.2) A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside Brisbane; a contribution for the operation of an activity, facility or service outside Brisbane; resource sharing by the council and other local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .
The external boundaries of Brisbane should be drawn in a way that— helps in— the planning and development for the benefit of Brisbane; and the efficient and effective operation of its facilities, services and activities; and has regard to existing and expected population growth.
The council should have a sufficient resource base— to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.
For section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect. A person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws. The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy. The council must publish the register of its local laws on its website. (sec.11-ssec.1) For section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect. (sec.11-ssec.2) A person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws. (sec.11-ssec.3) The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy. (sec.11-ssec.4) The council must publish the register of its local laws on its website.
For the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers. For section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines. The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website. s 12 sub 2013 SL No. 273 s 4 (sec.12-ssec.1) For the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers. (sec.12-ssec.2) For section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines. (sec.12-ssec.3) The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website.
s 13 om 2013 SL No. 273 s 4
This part is about reforming a significant business activity of the council in accordance with the competitive neutrality principle. See sections 47 and 48 of the Act .
The council must identify and assess each new significant business activity for possible reform. If the council decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity. (sec.15-ssec.1) The council must identify and assess each new significant business activity for possible reform. (sec.15-ssec.2) If the council decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity.
This section prescribes, for section 47 (4) (b) of the Act , the threshold a business activity must meet to be a significant business activity for a financial year (the current financial year ). The threshold for the business activity is expenditure of at least $9.7m for the business activity for the financial year ending immediately before the current financial year. The Minister must consult with LGAQ Ltd. about a proposed amendment to the threshold. s 16 amd 2013 SL No. 273 s 5 ; 2014 SL No. 290 s 4 ; 2015 SL No. 173 s 4 ; 2016 SL No. 217 s 3 sub 2019 SL No. 39 s 4 (sec.16-ssec.1) This section prescribes, for section 47 (4) (b) of the Act , the threshold a business activity must meet to be a significant business activity for a financial year (the current financial year ). (sec.16-ssec.2) The threshold for the business activity is expenditure of at least $9.7m for the business activity for the financial year ending immediately before the current financial year. (sec.16-ssec.3) The Minister must consult with LGAQ Ltd. about a proposed amendment to the threshold.
For section 49 (b) of the Act , the council must use the financial information for the previous financial year that was presented to the council’s budget meeting to identify each new significant business activity for the financial year.
This division explains how the council applies full cost pricing to a significant business activity as part of the reform of the activity. This division applies whether the reform is done by— full cost pricing; or commercialisation; or corporatisation. This division expands on section 48 of the Act . (sec.18-ssec.1) This division explains how the council applies full cost pricing to a significant business activity as part of the reform of the activity. (sec.18-ssec.2) This division applies whether the reform is done by— full cost pricing; or commercialisation; or corporatisation. (sec.18-ssec.3) This division expands on section 48 of the Act .
The council applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following— the pricing provisions; the removal of any competitive advantage or disadvantage, whenever possible and appropriate; if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services. For subsection (1) — the council applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service. A competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the council owns the activity. For example, a competitive advantage includes— a financial advantage; and a procedural advantage; and a regulatory advantage. A business entity conducting a significant business activity has a financial advantage if the business entity— is exempt from paying a local government tax a private sector business must pay; or is charged a different government tax from the government tax that a private sector business is charged; or is charged a lower rate of interest on a bank loan because the State guarantees the loan. A business entity conducting a significant business activity has a procedural advantage if the business entity— does not have to supply the same amount of information under a government approval process as a private sector business; or can access more information for a government approval process than a private sector business can access. A business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow. A competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the council owns the activity. For example, a competitive disadvantage includes a community service obligation. (sec.19-ssec.1) The council applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following— the pricing provisions; the removal of any competitive advantage or disadvantage, whenever possible and appropriate; if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services. (sec.19-ssec.2) For subsection (1) — the council applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service. (sec.19-ssec.3) A competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the council owns the activity. (sec.19-ssec.4) For example, a competitive advantage includes— a financial advantage; and a procedural advantage; and a regulatory advantage. A business entity conducting a significant business activity has a financial advantage if the business entity— is exempt from paying a local government tax a private sector business must pay; or is charged a different government tax from the government tax that a private sector business is charged; or is charged a lower rate of interest on a bank loan because the State guarantees the loan. A business entity conducting a significant business activity has a procedural advantage if the business entity— does not have to supply the same amount of information under a government approval process as a private sector business; or can access more information for a government approval process than a private sector business can access. A business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow. (sec.19-ssec.5) A competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the council owns the activity. (sec.19-ssec.6) For example, a competitive disadvantage includes a community service obligation.
This section applies when the council is deciding what to charge for goods or services provided in conducting a significant business activity. The cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity. (sec.20-ssec.1) This section applies when the council is deciding what to charge for goods or services provided in conducting a significant business activity. (sec.20-ssec.2) The cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.
A community service obligation is an obligation the council imposes on a business entity to do something that is not in the commercial interests of the business entity to do. giving a price concession to a particular group of customers, including pensioners, seniors and students
A commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual. The tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents. A tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business. A tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act . The tax equivalents manual may, for example, provide for— lodging tax returns; and assessing tax returns; and rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and objections and appeals against assessments and rulings; and the appointment of tax assessors. The Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made. (sec.22-ssec.1) A commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual. (sec.22-ssec.2) The tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents. (sec.22-ssec.3) A tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business. (sec.22-ssec.4) A tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act . (sec.22-ssec.5) The tax equivalents manual may, for example, provide for— lodging tax returns; and assessing tax returns; and rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and objections and appeals against assessments and rulings; and the appointment of tax assessors. (sec.22-ssec.6) The Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made.
This division is about the commercialisation of a significant business activity by the council. This involves the council ensuring the significant business activity is conducted by a commercial business unit within the council, as required under this division. (sec.23-ssec.1) This division is about the commercialisation of a significant business activity by the council. (sec.23-ssec.2) This involves the council ensuring the significant business activity is conducted by a commercial business unit within the council, as required under this division.
As part of the commercialisation of a significant business activity, the council must— if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit. A commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation. (sec.24-ssec.1) As part of the commercialisation of a significant business activity, the council must— if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit. (sec.24-ssec.2) A commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation.
The key principles of commercialisation , for a commercial business unit, are— clarity of objectives, namely that the council— gives the unit clear and non-conflicting objectives; and sets specific financial and non-financial performance targets for the significant business activity; and keeps activities relating to council policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and clearly identifies the nature and extent of the community service obligations the unit must perform; and sets performance targets for the unit’s community service obligations; and separately costs the unit’s community service obligations; and appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and management autonomy and authority, namely that— the unit remains at arms-length to the council in day-to-day operations; and the council gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and any directions the council gives the unit to achieve non-commercial objectives are given in an open way; and the unit uses its best endeavours to ensure the unit meets its performance targets; and accountability for performance, namely that— the council monitors the unit’s performance against the performance targets; and the unit must generally be subject to the management framework of the council; and the unit complies with all laws the council must comply with; and competitive neutrality, namely that the unit complies with the competitive neutrality principle by— removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.
The council must make the decision to convert a business unit to a commercial business unit by resolution. The council converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation. (sec.26-ssec.1) The council must make the decision to convert a business unit to a commercial business unit by resolution. (sec.26-ssec.2) The council converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation.
The council must make the decision to create a commercial business unit by resolution. The decision may be made in the same resolution the council makes to commercialise a significant business activity. A commercial business unit may be created to conduct more than 1 significant business activity. (sec.27-ssec.1) The council must make the decision to create a commercial business unit by resolution. (sec.27-ssec.2) The decision may be made in the same resolution the council makes to commercialise a significant business activity. (sec.27-ssec.3) A commercial business unit may be created to conduct more than 1 significant business activity.
Any business activity conducted by the council is prescribed for section 51 (4) (b) of the Act . s 28 amd 2019 SL No. 39 s 5
A business activity is prescribed for section 51 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more. The amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year— operational costs; administrative and overhead costs; cost of resources; depreciation. s 29 amd 2013 SL No. 273 s 6 ; 2014 SL No. 290 s 5 ; 2015 SL No. 173 s 5 ; 2016 SL No. 217 s 4 ; 2019 SL No. 39 s 6 (sec.29-ssec.1) A business activity is prescribed for section 51 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more. (sec.29-ssec.2) The amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year— operational costs; administrative and overhead costs; cost of resources; depreciation.
This division prescribes, for section 52 (4) of the Act , the process for resolving competitive neutrality complaints.
This subdivision applies to a business activity, conducted by a business entity, to which the competitive neutrality principle applies.
The complaints management process adopted by the council under section 279 applies to a competitive neutrality complaint in relation to the business entity. s 32 sub 2026 Act No. 5 s 31
A person who wants to make a competitive neutrality complaint must make the complaint in writing to the council. The complaint must contain— details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and information that shows— the person (the complainant ) is, or could be, in competition with the business entity; and how the complainant is, or may be, adversely affected by the business entity’s alleged failure. Subsection (4) applies if— the council makes a decision about the complaint; and the complainant tells the council that the complainant is not satisfied with the decision. The council must give the following to the competition authority as soon as practicable— the complaint; the council’s decision about the complaint and the reasons for the decision; information obtained from any investigation of the complaint. The making of a complaint does not stop the business entity from conducting the business activity. s 33 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 32 (sec.33-ssec.1) A person who wants to make a competitive neutrality complaint must make the complaint in writing to the council. (sec.33-ssec.2) The complaint must contain— details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and information that shows— the person (the complainant ) is, or could be, in competition with the business entity; and how the complainant is, or may be, adversely affected by the business entity’s alleged failure. (sec.33-ssec.3) Subsection (4) applies if— the council makes a decision about the complaint; and the complainant tells the council that the complainant is not satisfied with the decision. (sec.33-ssec.4) The council must give the following to the competition authority as soon as practicable— the complaint; the council’s decision about the complaint and the reasons for the decision; information obtained from any investigation of the complaint. (sec.33-ssec.5) The making of a complaint does not stop the business entity from conducting the business activity.
The competition authority must, subject to this part, investigate and report on a competitive neutrality complaint received under section 33 . s 34 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6
The competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ). However, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint. The competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period. s 35 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.35-ssec.1) The competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ). (sec.35-ssec.2) However, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint. (sec.35-ssec.3) The competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period.
The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the council, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious. If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the council. A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal. s 36 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 33 (sec.36-ssec.1) The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the council, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious. (sec.36-ssec.2) If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the council. (sec.36-ssec.3) A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal.
Before the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to— the complainant; and the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. The competition authority may also give an investigation notice to another person the competition authority considers appropriate. An investigation notice is a document that— states the competition authority’s intention to investigate a competitive neutrality complaint; and states the subject matter of the complaint, or has a copy of the complaint attached; and invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and states a reasonable period within which the submissions may be made; and states the competition authority’s address. s 37 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.37-ssec.1) Before the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to— the complainant; and the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.37-ssec.2) The competition authority may also give an investigation notice to another person the competition authority considers appropriate. (sec.37-ssec.3) An investigation notice is a document that— states the competition authority’s intention to investigate a competitive neutrality complaint; and states the subject matter of the complaint, or has a copy of the complaint attached; and invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and states a reasonable period within which the submissions may be made; and states the competition authority’s address.
When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the council; or if a corporatised business entity is conducting the business activity—the corporatised business entity. An information requirement notice is a written notice that states the council or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place. The council or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. The council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice. s 38 prev s 38 om 2015 Act No. 29 s 69 sch 2 pres s 38 ins 2021 Act No. 12 s 197 (sec.38-ssec.1) When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the council; or if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.38-ssec.2) An information requirement notice is a written notice that states the council or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place. (sec.38-ssec.3) The council or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law. (sec.38-ssec.4) The council or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.
The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint. The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any council policies about the competitive neutrality principle, including, for example— directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; council policies, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently. Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint. s 39 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.39-ssec.1) The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint. (sec.39-ssec.2) The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any council policies about the competitive neutrality principle, including, for example— directions the council gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the council and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; council policies, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently. (sec.39-ssec.3) Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.
The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. The report must state whether or not the competition authority considers the complaint has been substantiated. If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage. The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity. s 40 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.40-ssec.1) The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the council; and if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.40-ssec.2) The report must state whether or not the competition authority considers the complaint has been substantiated. (sec.40-ssec.3) If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage. (sec.40-ssec.4) The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier (sec.40-ssec.5) If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.
The council must ensure the public can inspect a copy of the report at the council’s public office as soon as practicable after the competition authority gives the council the report. s 41 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6
The competition authority must give the following documents to any other person to whom the competition authority gave an investigation notice— a copy of the recommendations in the report; notice that the person may inspect the report, including recommendations, at the council’s public office. s 42 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6
The council must decide, by resolution, whether to implement the recommendations in the competition authority’s report. The resolution must state the reasons for the council’s decision. The council must make the resolution— within 1 month after the competition authority gives the report to the council; or if the council does not ordinarily meet within that month—at the first meeting of the council after that month. The council must, within 7 days after making the resolution, give notice of the resolution to— the complainant; and the competition authority; and if a corporatised business entity is conducting the business activity—the corporatised business entity. If a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable. s 43 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.43-ssec.1) The council must decide, by resolution, whether to implement the recommendations in the competition authority’s report. (sec.43-ssec.2) The resolution must state the reasons for the council’s decision. (sec.43-ssec.3) The council must make the resolution— within 1 month after the competition authority gives the report to the council; or if the council does not ordinarily meet within that month—at the first meeting of the council after that month. (sec.43-ssec.4) The council must, within 7 days after making the resolution, give notice of the resolution to— the complainant; and the competition authority; and if a corporatised business entity is conducting the business activity—the corporatised business entity. (sec.43-ssec.5) If a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable.
This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities. The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or the council. information includes a document. person includes a local government or business entity. s 43A ins 2021 Act No. 12 s 198 (sec.43A-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities. (sec.43A-ssec.2) The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. (sec.43A-ssec.3) The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. (sec.43A-ssec.4) If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. (sec.43A-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. (sec.43A-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or the council. information includes a document. person includes a local government or business entity.
The council must establish a register of business activities to which the competitive neutrality principle applies. The register must state the following— business activities to which the council has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity; business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity; a list of— current investigation notices for competitive neutrality complaints; and the business activities to which the complaints relate; and the council’s responses to the competition authority’s recommendations on the complaints. s 44 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 (sec.44-ssec.1) The council must establish a register of business activities to which the competitive neutrality principle applies. (sec.44-ssec.2) The register must state the following— business activities to which the council has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity; business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity; a list of— current investigation notices for competitive neutrality complaints; and the business activities to which the complaints relate; and the council’s responses to the competition authority’s recommendations on the complaints.
For section 81 (1) (b) (iii) of the Act , the other particulars prescribed are— the length of every road, including an unformed road, in Brisbane; and if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and if a road consists of a through road and an adjacent road—the width of each as if each were a separate road. For subsection (1) — a length must be measured in kilometres and a width must be measured in metres; and the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement. In this section— formed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road. gravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process. sealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers. unformed , for a road, means a road or track that— is not a formed, gravelled pavement or sealed pavement road; but is open to, and used by, the public. (sec.45-ssec.1) For section 81 (1) (b) (iii) of the Act , the other particulars prescribed are— the length of every road, including an unformed road, in Brisbane; and if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and if a road consists of a through road and an adjacent road—the width of each as if each were a separate road. (sec.45-ssec.2) For subsection (1) — a length must be measured in kilometres and a width must be measured in metres; and the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement. (sec.45-ssec.3) In this section— formed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road. gravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process. sealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers. unformed , for a road, means a road or track that— is not a formed, gravelled pavement or sealed pavement road; but is open to, and used by, the public.
For section 88 (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall. In relation to a mall, the council may do any of the following— anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; anything incidental to its powers mentioned in paragraph (a) or (b) . The council’s planning scheme must include all existing and proposed malls in the council’s local government area. s 46 sub 2015 SL No. 173 s 6 (sec.46-ssec.1) For section 88 (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall. (sec.46-ssec.2) In relation to a mall, the council may do any of the following— anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; anything incidental to its powers mentioned in paragraph (a) or (b) . (sec.46-ssec.3) The council’s planning scheme must include all existing and proposed malls in the council’s local government area.
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The council may construct, maintain, manage and regulate the use of— harbours for small vessels in or over tidal waters; and jetties, breakwaters and ramps in or over tidal waters. The council may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act. The council may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) . While the council occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be within Brisbane. (sec.59-ssec.1) The council may construct, maintain, manage and regulate the use of— harbours for small vessels in or over tidal waters; and jetties, breakwaters and ramps in or over tidal waters. (sec.59-ssec.2) The council may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act. (sec.59-ssec.3) The council may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) . (sec.59-ssec.4) While the council occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be within Brisbane.
This section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 . If a local law affects the owner of a structure in a canal, the owner of the structure is— the holder of the development permit under the Planning Act to build the structure; or the owner of the land— that receives the benefit of the structure; or to which the structure is connected. (sec.60-ssec.1) This section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 . (sec.60-ssec.2) If a local law affects the owner of a structure in a canal, the owner of the structure is— the holder of the development permit under the Planning Act to build the structure; or the owner of the land— that receives the benefit of the structure; or to which the structure is connected.
The Governor in Council may, by gazette notice, place a foreshore that is adjoining Brisbane under the control of the council. While the foreshore is under the council’s control the foreshore is taken to be part of Brisbane. (sec.61-ssec.1) The Governor in Council may, by gazette notice, place a foreshore that is adjoining Brisbane under the control of the council. (sec.61-ssec.2) While the foreshore is under the council’s control the foreshore is taken to be part of Brisbane.
The Governor in Council may, by gazette notice, place the following under the control of the council as a bathing reserve— a part of a seashore; land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides; sea above the part of a seashore and land. The seashore is— the foreshore; or State land that— is above the high-water mark at ordinary spring tides; and is ordinarily covered by sand or shingle; and is not subject to a licence, permit or other authority granted by the State under an Act. While the bathing reserve is under the council’s control the bathing reserve is taken to be part of Brisbane. (sec.62-ssec.1) The Governor in Council may, by gazette notice, place the following under the control of the council as a bathing reserve— a part of a seashore; land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides; sea above the part of a seashore and land. (sec.62-ssec.2) The seashore is— the foreshore; or State land that— is above the high-water mark at ordinary spring tides; and is ordinarily covered by sand or shingle; and is not subject to a licence, permit or other authority granted by the State under an Act. (sec.62-ssec.3) While the bathing reserve is under the council’s control the bathing reserve is taken to be part of Brisbane.
This section is about land within Brisbane that is subject to a public thoroughfare easement. The council has control of the land, subject to the provisions of the instrument that created the easement. Control of the land includes the right to take all necessary steps for— construction on, maintenance of or improvement of the land; and regulation of the use of the land. The council is responsible for maintaining the land. The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land. The owner of the land is— if the land is land granted in trust under the Land Act —the trustee of the land; or if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or if the land is a lot under the Land Title Act —the registered owner of the lot. The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land. When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the council’s control. See the Economic Development Act 2012 , section 51AW in relation to the non-application of this provision to land subject to particular public thoroughfare easements. s 63 amd 2019 Act No. 11 s 231 s ch 1 pt 2 (sec.63-ssec.1) This section is about land within Brisbane that is subject to a public thoroughfare easement. (sec.63-ssec.2) The council has control of the land, subject to the provisions of the instrument that created the easement. (sec.63-ssec.3) Control of the land includes the right to take all necessary steps for— construction on, maintenance of or improvement of the land; and regulation of the use of the land. (sec.63-ssec.4) The council is responsible for maintaining the land. (sec.63-ssec.5) The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land. (sec.63-ssec.6) The owner of the land is— if the land is land granted in trust under the Land Act —the trustee of the land; or if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or if the land is a lot under the Land Title Act —the registered owner of the lot. (sec.63-ssec.7) The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land. (sec.63-ssec.8) When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the council’s control.
This section is about a road or other work that is to be, or has been, built— along the boundary between Brisbane and another local government area; and partly in Brisbane and the other area. The cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of the council and the other local government. The council must enter into the arrangements that are necessary to perform that responsibility. (sec.64-ssec.1) This section is about a road or other work that is to be, or has been, built— along the boundary between Brisbane and another local government area; and partly in Brisbane and the other area. (sec.64-ssec.2) The cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of the council and the other local government. (sec.64-ssec.3) The council must enter into the arrangements that are necessary to perform that responsibility.
The value , of land for a financial year, is its value under the Land Valuation Act when a liability for payment of rates or charges for the land arises for the financial year.
For section 95 (3) (f) (i) of the Act , land owned or held by the council is exempted from rating unless the land is leased by the council to someone other than another local government.
The council must calculate the rates for land by using the rateable value of the land. The rateable value of land for a financial year is the value of the land— for the financial year; or as averaged over a number of financial years. The council may use the value of the land averaged over a number of financial years only if the council decides, by resolution, to do so. The resolution must state whether the council will use, for deciding the rateable value of the land— the 2-year averaged value of the land; or the 3-year averaged value of the land. However, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year. (sec.67-ssec.1) The council must calculate the rates for land by using the rateable value of the land. (sec.67-ssec.2) The rateable value of land for a financial year is the value of the land— for the financial year; or as averaged over a number of financial years. (sec.67-ssec.3) The council may use the value of the land averaged over a number of financial years only if the council decides, by resolution, to do so. (sec.67-ssec.4) The resolution must state whether the council will use, for deciding the rateable value of the land— the 2-year averaged value of the land; or the 3-year averaged value of the land. (sec.67-ssec.5) However, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year.
The 2-year averaged value of land for a financial year is the amount that equals— if the land had a value for the previous financial year— the value of the land for the previous financial year plus the value of the land for the financial year divided by 2; or if the land did not have a value for the previous financial year— the value of the land for the financial year multiplied by the 2-year averaging number. The 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous financial year. V is the value of all rateable land in Brisbane for the financial year. (sec.68-ssec.1) The 2-year averaged value of land for a financial year is the amount that equals— if the land had a value for the previous financial year— the value of the land for the previous financial year plus the value of the land for the financial year divided by 2; or if the land did not have a value for the previous financial year— the value of the land for the financial year multiplied by the 2-year averaging number. (sec.68-ssec.2) The 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous financial year. V is the value of all rateable land in Brisbane for the financial year.
The 3-year averaged value of land for a financial year is the amount that equals— if the land had a value for the 2 previous financial years— the sum of the value of the land for each of the 2 previous years plus the value of the land for the financial year divided by 3; or if the land did not have a value for the 2 previous financial years— the value of the land for the financial year multiplied by the 3-year averaging number. The 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous 2 financial years. V is the value of all rateable land in Brisbane for the financial year. (sec.69-ssec.1) The 3-year averaged value of land for a financial year is the amount that equals— if the land had a value for the 2 previous financial years— the sum of the value of the land for each of the 2 previous years plus the value of the land for the financial year divided by 3; or if the land did not have a value for the 2 previous financial years— the value of the land for the financial year multiplied by the 3-year averaging number. (sec.69-ssec.2) The 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in Brisbane for the financial year and the previous 2 financial years. V is the value of all rateable land in Brisbane for the financial year.
The council may fix a minimum amount of general rates. The council may identify parcels of rateable land to which a minimum amount of general rates applies in any way the council considers appropriate. However, the council must not levy minimum general rates for a parcel of land if— the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental)) the discounted valuation period for the parcel of land has not ended under that subdivision. Generally, the same minimum amount of general rates must apply to all rateable land in Brisbane. However, the council may fix a different minimum amount of general rates only for— if there are different rating categories of rateable land for Brisbane, each different rating category; or timeshare property; or any of the following— a mining lease granted for mining for minerals over land that is not larger than 2ha; a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or land that is subject to a mining claim, subject to section 72 . For subsection (5) (a) , if the council fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category. (sec.70-ssec.1) The council may fix a minimum amount of general rates. (sec.70-ssec.2) The council may identify parcels of rateable land to which a minimum amount of general rates applies in any way the council considers appropriate. (sec.70-ssec.3) However, the council must not levy minimum general rates for a parcel of land if— the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental)) the discounted valuation period for the parcel of land has not ended under that subdivision. (sec.70-ssec.4) Generally, the same minimum amount of general rates must apply to all rateable land in Brisbane. (sec.70-ssec.5) However, the council may fix a different minimum amount of general rates only for— if there are different rating categories of rateable land for Brisbane, each different rating category; or timeshare property; or any of the following— a mining lease granted for mining for minerals over land that is not larger than 2ha; a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or land that is subject to a mining claim, subject to section 72 . (sec.70-ssec.6) For subsection (5) (a) , if the council fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category.
This section applies to the council for fixing a minimum amount of general rates on— land where there is a structure wholly or partially subject to a timeshare scheme; or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme. The council may decide the minimum amount of general rates is to be worked out using the formula— MA = L x RU where— MA is the minimum amount. L is the minimum amount of general rates that would, other than for this section, be payable for the land or lot. RU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation. (sec.71-ssec.1) This section applies to the council for fixing a minimum amount of general rates on— land where there is a structure wholly or partially subject to a timeshare scheme; or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme. (sec.71-ssec.2) The council may decide the minimum amount of general rates is to be worked out using the formula— MA = L x RU where— MA is the minimum amount. L is the minimum amount of general rates that would, other than for this section, be payable for the land or lot. RU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation.
For fixing a minimum amount of general rates for land subject to a mining claim, the value of the mining claim is— for a mining claim over land that is 900m 2 or less—$150; or for a mining claim over land that is larger than 900m 2 —$450.
The council may levy general rates that differ for different categories of rateable land in Brisbane. These rates are called differential general rates . For example, the council may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land. However, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land. If the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year. A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land. (sec.73-ssec.1) The council may levy general rates that differ for different categories of rateable land in Brisbane. (sec.73-ssec.2) These rates are called differential general rates . (sec.73-ssec.3) For example, the council may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land. (sec.73-ssec.4) However, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land. (sec.73-ssec.5) If the council makes and levies a differential general rate for rateable land for a financial year, the council must not make and levy a general rate for the land for the year. (sec.73-ssec.6) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land.
Before the council levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in Brisbane. The council must, by resolution, make the decision at the council’s budget meeting. The resolution must state— the rating categories of rateable land in Brisbane; and a description of each of the rating categories. A resolution may state that the rating categories, and a description of each of the rating categories, are as follows— residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock; rural land— land that is not in an urban centre or locality; or land that is not used for grazing and livestock; or land that is not sugar cane land or sugar milling land; other land—any other type of land. After the rating categories and descriptions have been decided, the council must identify the rating category to which each parcel of rateable land in Brisbane belongs. The council may do so in any way it considers appropriate. The fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised. (sec.74-ssec.1) Before the council levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in Brisbane. (sec.74-ssec.2) The council must, by resolution, make the decision at the council’s budget meeting. (sec.74-ssec.3) The resolution must state— the rating categories of rateable land in Brisbane; and a description of each of the rating categories. A resolution may state that the rating categories, and a description of each of the rating categories, are as follows— residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock; rural land— land that is not in an urban centre or locality; or land that is not used for grazing and livestock; or land that is not sugar cane land or sugar milling land; other land—any other type of land. (sec.74-ssec.4) After the rating categories and descriptions have been decided, the council must identify the rating category to which each parcel of rateable land in Brisbane belongs. (sec.74-ssec.5) The council may do so in any way it considers appropriate. (sec.74-ssec.6) The fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised.
This section applies if— the council discovers that land has inadvertently not been categorised; or land becomes rateable land; or the council considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land. The council must decide what rating category the land should be in. The decision takes effect— for a decision because of subsection (1) (a) —from the start of the relevant financial year; or for a decision because of subsection (1) (b) —from the day when the land became rateable land; or for a decision because of subsection (1) (c) —from the day when the decision is made; or for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles. (sec.75-ssec.1) This section applies if— the council discovers that land has inadvertently not been categorised; or land becomes rateable land; or the council considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land. (sec.75-ssec.2) The council must decide what rating category the land should be in. (sec.75-ssec.3) The decision takes effect— for a decision because of subsection (1) (a) —from the start of the relevant financial year; or for a decision because of subsection (1) (b) —from the day when the land became rateable land; or for a decision because of subsection (1) (c) —from the day when the decision is made; or for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.
The chief executive officer may appoint a qualified person as a categorisation officer for this division. For subsection (1) , a person is qualified if the person— has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and is authorised by the council for this division. A categorisation officer’s appointment is subject to— section 78 ; and the conditions stated in the document that appoints the categorisation officer. (sec.76-ssec.1) The chief executive officer may appoint a qualified person as a categorisation officer for this division. (sec.76-ssec.2) For subsection (1) , a person is qualified if the person— has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and is authorised by the council for this division. (sec.76-ssec.3) A categorisation officer’s appointment is subject to— section 78 ; and the conditions stated in the document that appoints the categorisation officer.
The chief executive officer must give each categorisation officer an identity card. A person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —10 penalty units. (sec.77-ssec.1) The chief executive officer must give each categorisation officer an identity card. (sec.77-ssec.2) A person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —10 penalty units.
A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant. Subject to subsection (6) , section 118 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) . Subject to subsections (4) and (6) , sections 119 , other than subsections (5) and (6) (a) , and 120 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) . However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued. For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in Brisbane is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided. Subject to subsection (7) , sections 115 , 125 and 126 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division. The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 126 of the Act , to a local government related law were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. Sections 115 (Producing authorised person’s identity card), 118 (Entering private property with, and in accordance with, the occupier’s permission), 119 (Entering private property with, and in accordance with, a warrant), 120 (Warrants—applications made electronically), 125 (Authorised person to give notice of damage) and 126 (Compensation for damage or loss caused after entry) of the Act (sec.78-ssec.1) A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant. (sec.78-ssec.2) Subject to subsection (6) , section 118 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) . (sec.78-ssec.3) Subject to subsections (4) and (6) , sections 119 , other than subsections (5) and (6) (a) , and 120 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) . (sec.78-ssec.4) However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 118 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued. (sec.78-ssec.5) For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in Brisbane is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided. (sec.78-ssec.6) Subject to subsection (7) , sections 115 , 125 and 126 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division. (sec.78-ssec.7) The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 126 of the Act , to a local government related law were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. Sections 115 (Producing authorised person’s identity card), 118 (Entering private property with, and in accordance with, the occupier’s permission), 119 (Entering private property with, and in accordance with, a warrant), 120 (Warrants—applications made electronically), 125 (Authorised person to give notice of damage) and 126 (Compensation for damage or loss caused after entry) of the Act
A person stops being a categorisation officer— at the end of the term of appointment stated in the document that appointed the person; or if the person gives the council a signed notice of resignation; or if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position. This section does not limit the ways in which a categorisation officer’s appointment ends. (sec.79-ssec.1) A person stops being a categorisation officer— at the end of the term of appointment stated in the document that appointed the person; or if the person gives the council a signed notice of resignation; or if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position. (sec.79-ssec.2) This section does not limit the ways in which a categorisation officer’s appointment ends.
For the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property. The written notice must inform the occupier of— the Land Court representative’s intention to enter the property; and the reason for entering the property; and the day and time when the property is to be entered. The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier. Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property. If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property. In this section— Land Court representative means each of the following persons— a member of the Land Court; a person authorised in writing by a member of the Land Court for this section. (sec.80-ssec.1) For the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days written notice, enter the property, other than a home on the property. (sec.80-ssec.2) The written notice must inform the occupier of— the Land Court representative’s intention to enter the property; and the reason for entering the property; and the day and time when the property is to be entered. (sec.80-ssec.3) The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier. (sec.80-ssec.4) Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property. (sec.80-ssec.5) If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property. (sec.80-ssec.6) In this section— Land Court representative means each of the following persons— a member of the Land Court; a person authorised in writing by a member of the Land Court for this section.
This section applies if the council decides to levy differential general rates on rateable land for a financial year. The council must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement— the first rate notice for the financial year given to the owner of the land; a later rate notice for the financial year if— the owner of the land has changed since the first rate notice for the financial year was issued; or the rating category for the land has changed since the first rate notice for the financial year was issued. However, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice. For subsections (2) and (3) , see section 100 (2) for how a rating category statement may be given electronically. The rating category statement is a document stating— the rating categories for land in Brisbane, and a description of each of the rating categories; and the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the council’s descriptions of the rating categories; and that the owner may object by giving the council an objection notice within— 30 days after the date when the first rate notice was issued; or a longer period that the council allows; and that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time. s 81 amd 2017 SL No. 65 s 3 (sec.81-ssec.1) This section applies if the council decides to levy differential general rates on rateable land for a financial year. (sec.81-ssec.2) The council must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement— the first rate notice for the financial year given to the owner of the land; a later rate notice for the financial year if— the owner of the land has changed since the first rate notice for the financial year was issued; or the rating category for the land has changed since the first rate notice for the financial year was issued. (sec.81-ssec.3) However, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice. For subsections (2) and (3) , see section 100 (2) for how a rating category statement may be given electronically. (sec.81-ssec.4) The rating category statement is a document stating— the rating categories for land in Brisbane, and a description of each of the rating categories; and the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the council’s descriptions of the rating categories; and that the owner may object by giving the council an objection notice within— 30 days after the date when the first rate notice was issued; or a longer period that the council allows; and that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.
This division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land. However, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land. (sec.82-ssec.1) This division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land. (sec.82-ssec.2) However, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land.
This section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land. The only ground for objecting is that the owner considers the land should belong to a different rating category. The owner may object by giving the council an objection notice. An objection notice is a document, in a form approved by the council, stating— the rating category that the owner claims the land should belong to; and the facts and circumstances on which the owner makes that claim. The owner must give the objection notice within— 30 days after the day when the rate notice was issued; or a longer period that the council allows. (sec.83-ssec.1) This section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land. (sec.83-ssec.2) The only ground for objecting is that the owner considers the land should belong to a different rating category. (sec.83-ssec.3) The owner may object by giving the council an objection notice. (sec.83-ssec.4) An objection notice is a document, in a form approved by the council, stating— the rating category that the owner claims the land should belong to; and the facts and circumstances on which the owner makes that claim. (sec.83-ssec.5) The owner must give the objection notice within— 30 days after the day when the rate notice was issued; or a longer period that the council allows.
This section applies if the owner of rateable land properly objects to the rating category for the land. The chief executive officer must consider the objection and decide— to change the rating category for the land— to the rating category to which the owner claims in the objection notice the land should belong; or to another rating category; or not to allow the objection. The chief executive officer must give the owner notice of— the decision; and the reasons for the decision. The chief executive officer must give the notice within 60 days after the objection was made. If the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice. (sec.84-ssec.1) This section applies if the owner of rateable land properly objects to the rating category for the land. (sec.84-ssec.2) The chief executive officer must consider the objection and decide— to change the rating category for the land— to the rating category to which the owner claims in the objection notice the land should belong; or to another rating category; or not to allow the objection. (sec.84-ssec.3) The chief executive officer must give the owner notice of— the decision; and the reasons for the decision. (sec.84-ssec.4) The chief executive officer must give the notice within 60 days after the objection was made. (sec.84-ssec.5) If the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice.
This section applies if the owner of rateable land wants to appeal against a decision of— the council not to allow a longer period for giving an objection notice; or the chief executive officer on the owner’s objection to the rating category for the land. The owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision. The appeal notice must be in the form approved by the Land Court. The owner must give a copy of the filed appeal notice to the council, within 7 days after the appeal notice was filed. If the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure. (sec.85-ssec.1) This section applies if the owner of rateable land wants to appeal against a decision of— the council not to allow a longer period for giving an objection notice; or the chief executive officer on the owner’s objection to the rating category for the land. (sec.85-ssec.2) The owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision. (sec.85-ssec.3) The appeal notice must be in the form approved by the Land Court. (sec.85-ssec.4) The owner must give a copy of the filed appeal notice to the council, within 7 days after the appeal notice was filed. (sec.85-ssec.5) If the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure.
For an appeal under this division, the Land Court is constituted by 1 member. The Land Court— must conduct the appeal with a view to its prompt disposal; and must observe natural justice; and is not bound by the rules of evidence. The Land Court may decide to— if the appeal is against the decision of the council not to allow a longer period for giving an objection notice— allow a longer period for giving an objection notice; or not allow the appeal; or if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— change the rating category for the land; or not allow the appeal. If the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice. (sec.86-ssec.1) For an appeal under this division, the Land Court is constituted by 1 member. (sec.86-ssec.2) The Land Court— must conduct the appeal with a view to its prompt disposal; and must observe natural justice; and is not bound by the rules of evidence. (sec.86-ssec.3) The Land Court may decide to— if the appeal is against the decision of the council not to allow a longer period for giving an objection notice— allow a longer period for giving an objection notice; or not allow the appeal; or if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— change the rating category for the land; or not allow the appeal. (sec.86-ssec.4) If the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
External boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1. To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane. Brisbane is the council’s local government area. A watercourse includes a canal, lake or river. s 3 amd 2015 SL No. 182 s 10 ; 2016 SL No. 195 s 3 ; 2019 SL No. 259 s 6 (sec.3-ssec.1) External boundaries of Brisbane are shown on map LGB 1 edition 3, sheet 1. (sec.3-ssec.2) To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of Brisbane is part of Brisbane. Brisbane is the council’s local government area. (sec.3-ssec.3) A watercourse includes a canal, lake or river.
The wards of Brisbane are named in schedule 1 . The boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27. For each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name. s 4 amd 2015 SL No. 182 s 11 ; 2016 SL No. 195 s 4 ; 2019 SL No. 259 s 7 (sec.4-ssec.1) The wards of Brisbane are named in schedule 1 . (sec.4-ssec.2) The boundaries of each ward are shown on map LGB 1 edition 3, sheets 2 to 27. (sec.4-ssec.3) For each ward, the boundaries are shown on the sheet number of map LGB 1 edition 3 stated in schedule 1 opposite the ward’s name.
The department’s chief executive must ensure— the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and a copy of the map may be viewed by the public at the place or places; and the council has a copy of the map. The council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office. s 5 amd 2015 SL No. 182 s 12 ; 2016 SL No. 195 s 5 ; 2019 SL No. 259 s 8 (sec.5-ssec.1) The department’s chief executive must ensure— the department’s website states a place or places where a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) may be viewed by the public; and a copy of the map may be viewed by the public at the place or places; and the council has a copy of the map. (sec.5-ssec.2) The council must ensure the public may view a copy of map LGB 1 edition 3 (including sheets 2 to 27 of the map) at its public office.
Who this affects
Why it matters (practical effects and trade‑offs)
Accountability and transparency: the regulation imposes many publication and reporting duties (plans, budgets, contracts, registers of interests, minutes and financial reports). That increases public visibility of council decisions and spending (secs 160, 171, 191, 227, 242D–F, 273). The trade‑off is administrative work and cost to maintain and publish this information.
Commercialisation and competition: council activities above monetary thresholds must be identified and assessed for reform and may be required to apply full cost pricing or be commercialised/corporatised (secs 15–19). Mechanically this either raises prices of some council services to reflect full costs or forces market‑style governance of council units. Effect: reduces some cross‑subsidies and exposes council activities to competition rules, but imposes compliance, accounting and tax‑equivalent costs and can shift how services are delivered.
Procurement flexibility vs. contestability: the default procurement path requires quotes/tenders for medium/large deals (secs 215–218). But a long list of exceptions (approved lists, preferred suppliers, LGA arrangements, genuine emergency, single supplier etc.) and an optional strategic contracting regime give the council substantial discretion (secs 220–225, 207–212). Mechanically this lowers transaction costs and can speed delivery but raises the risk that fewer suppliers compete and that discretion needs strong transparency to limit capture. Publication of larger contracts (sec 227) counterbalances that by creating a public check.
Ratepayer protections and enforcement: the rules set detailed notice, objection and appeal processes (secs 74–86 and 132–143). The sale/acquisition path for overdue rates is robust and streamlined (clear timelines, reserve price rules and application of proceeds) —this speeds recovery but concentrates risk on owners who fall behind; procedural protections (notice, auction publicity, Land Court remedies) are required.
Competitive neutrality complaints: a multi‑step process (complain to council → competition authority investigation → report and recommendations → council resolution on implementation) creates an independent oversight mechanism (secs 33–44). It increases procedural certainty for private firms competing with council units but adds administrative burdens for the council and potential reputational risk when recommendations require change.
Who pays and who decides: practically, ratepayers and users pay for council services and any shifts to full cost pricing; suppliers are affected by procurement rules; council (councillors and the chief executive officer) decide by resolution on many policies and exemptions (procurement approach, contracting plans, discretionary funds, concessions, internal policy) and external bodies (competition authority, auditor‑general, Land Court, QCAT) exercise review or investigative powers (many sections cited). These decisions change incentives: e.g., councils will weigh administrative cost of competitive neutrality compliance against the risk of complaints; procurement choices change the mix of local vs external suppliers.
Implementation and compliance risks
(Primary statutory citations are the section numbers shown in the regulation — for example, procurement rules: secs 213–224; competitive neutrality complaints: secs 30–44; rates and land sale procedures: ch 4 parts 5–12.)
This part prescribes, for section 21 (2) (c) of the Act , the other matters to be considered by the change commission when assessing whether a proposed boundary change is in the public interest.
The external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties. The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service. (sec.7-ssec.1) The external boundaries of Brisbane should be drawn in a way that has regard to communities of interest, including that Brisbane should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties. (sec.7-ssec.2) The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.
Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane. A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside Brisbane; a contribution for the operation of an activity, facility or service outside Brisbane; resource sharing by the council and other local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act . (sec.8-ssec.1) Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of Brisbane. (sec.8-ssec.2) A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside Brisbane; a contribution for the operation of an activity, facility or service outside Brisbane; resource sharing by the council and other local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .
The external boundaries of Brisbane should be drawn in a way that— helps in— the planning and development for the benefit of Brisbane; and the efficient and effective operation of its facilities, services and activities; and has regard to existing and expected population growth.
The council should have a sufficient resource base— to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.
For section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect. A person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws. The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy. The council must publish the register of its local laws on its website. (sec.11-ssec.1) For section 34 (1) of the Act , the council’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect. (sec.11-ssec.2) A person may, on payment of a fee decided by the council, request an extract or a certified copy of a local law from the register of its local laws. (sec.11-ssec.3) The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy. (sec.11-ssec.4) The council must publish the register of its local laws on its website.
For the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers. For section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines. The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website. s 12 sub 2013 SL No. 273 s 4 (sec.12-ssec.1) For the Act , schedule , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers. (sec.12-ssec.2) For section 41 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines. (sec.12-ssec.3) The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website.
s 13 om 2013 SL No. 273 s 4
This part is about reforming a significant business activity of the council in accordance with the competitive neutrality principle. See sections 47 and 48 of the Act .
The council must identify and assess each new significant business activity for possible reform. If the council decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity. (sec.15-ssec.1) The council must identify and assess each new significant business activity for possible reform. (sec.15-ssec.2) If the council decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity.
This section p
This is an opening excerpt, not the complete document.