What it does
The Local Government Regulation 2012 (the Regulation) is subordinate legislation made under the Local Government Act 2009 (Qld) (the Act). Its core function is to prescribe the detailed operational, financial and procedural rules that give practical effect to the Act’s broad framework.
Chapter 2 defines every local government area, its name, classification (city, town, shire or region) and the number of councillors (s 3–7). Boundaries are fixed by reference to maps listed in Schedule 1; watercourses and the land below high-water mark are expressly included (s 6(2)–(3)). Part 2 then supplies the criteria the Change Commission must consider when altering boundaries, classifications or representation (ss 8–13). These criteria include communities of interest, joint arrangements, planning needs, resource sufficiency and, for classification changes, strict population and density thresholds (s 13).
Chapter 3 turns to day-to-day powers. Part 1 requires each council to keep a local-law register (s 14) and to review anti-competitive provisions in accordance with National Competition Policy guidelines (s 15). Part 2 is the centrepiece of competitive-neutrality reform. Significant business activities (defined by expenditure or, for water/sewerage, by number of connected premises – s 19) must be identified, assessed and reformed by full-cost pricing, commercialisation or corporatisation (s 18). Detailed rules govern full-cost pricing (ss 21–25), commercial business units (ss 26–30), the code of competitive conduct (ss 31–39) and water/sewerage-specific full-cost-recovery and two-part tariffs (ss 40–41). A statutory complaints process allows competitors to challenge alleged breaches (ss 42–56).
Part 3 deals with roads, malls, harbours, canals, foreshores, bathing reserves and public thoroughfare easements (ss 57–64). A stand-alone Part 4 imposes a $1 per passenger levy on the Kuranda rail line until 2031 to fund tourist infrastructure (ss 65–70).