Local government in Queensland
Encyclopedia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n state
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
describes the institution
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...
s and processes by which towns and districts can manage their own affairs to the extent permitted by the Local Government Act 1993-2007. Queensland is divided into 73 local government areas
Local Government Areas of Queensland
This is a list of local government areas in Queensland, sorted by region. For the history and responsibilities of local government in that state, see Local government in Queensland.-LGAs sorted by region:...
which may be called Cities, Towns, Shires or Regions. Each area has a council which is responsible for providing a range of public services and utilities, and derives its income from both rates and charges on resident ratepayers, and grants and subsidies from the State and Commonwealth governments.
As bodies which obtain their legitimacy from an Act of the Queensland Parliament, local councils are subordinate rather than sovereign entities and can be created, amalgamated, abolished or dismissed by the State at will. In modern practice, however, decisions on such matters are made in response to recommendations by independent Reform Commissions, such as the Electoral and Administrative Reform Commission (1990–1993) and the Local Government Reform Commission (2007). Recent reforms, which took effect on 15 March 2008, resulted in over 70% of Queensland's local government areas being amalgamated into larger entities and generated a considerable degree of controversy, even attracting national interest in the context of a federal election campaign.
Early history
The first example of local government in the Queensland area came into being before Queensland was separated New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. The Municipalities Act 1858 allowed for the creation of a municipality upon the petition of not less than 50 householders within a defined area. If no counter-petition with more signatures was received, the Governor was able to declare
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
a municipality in the region. Two types of municipalities were possible under the Act: borough
Borough
A borough is an administrative division in various countries. In principle, the term borough designates a self-governing township although, in practice, official use of the term varies widely....
s, which had a minimum population of 1,000, a maximum area of 9 sq mi (23.3 km²) and no two parts being more than 6 miles (9.66 km) apart; and municipal districts, with a minimum population of 500 and a maximum area of 50 sq mi (129.5 km²). Once a municipality had been proclaimed, ratepayers could elect a council to represent them.
City of Ipswich
The City of Ipswich is a Local Government Area in South East Queensland, covering an area of along the coast about southwest of Brisbane, the capital of Queensland. The City of Ipswich has a population of 162,380 .-History:...
, which at the time had 3,000 people, granted municipal town status. On 29 November, the letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
authorised by Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
which were to make Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
a separate colony were published in New South Wales, and the petition was forwarded to the new Queensland governor, Sir George Ferguson Bowen. On 10 December 1859, the same day that the letters patent were published in Queensland, the petition was regazetted. On 3 March 1860 the Town of Ipswich was proclaimed.
Following this, eight other councils obtained municipality status under the Act: Toowoomba
City of Toowoomba
The City of Toowoomba was a Local Government Area located in the Darling Downs region of Queensland, Australia, encompassing the centre and inner suburbs of the regional city of Toowoomba...
(19 November 1860), Rockhampton
City of Rockhampton
The City of Rockhampton was a Local Government Area located in the Central Queensland region of Queensland, Australia, encompassing most of the suburban area of the regional city of Rockhampton...
(13 December 1860), Maryborough
City of Maryborough (Queensland)
The City of Maryborough was a Local Government Area located in the Wide Bay-Burnett region of Queensland, Australia, containing the urban locality of Maryborough as well as the southern half of Fraser Island...
(23 March 1861), Warwick
City of Warwick
The City of Warwick was a Local Government Area administering the regional centre of Warwick in the Darling Downs region of Queensland. The City covered an area of , and existed as a local government entity from 1861 until 1994, when it was dissolved and amalgamated with Shire of Allora, Shire of...
(25 May 1861), Drayton (1862), Gladstone
City of Gladstone
City of Gladstone is a Local Government Area in central Queensland, Australia. The LGA covers the urban locality of Gladstone and parts of the surrounding area....
(20 February 1863), Bowen
Shire of Bowen
The Shire of Bowen was a Local Government Area located in the North Queensland region of Queensland, Australia. The shire, administered from the town of Bowen, covered an area of , and existed as a local government entity from 1879 until 2008, when it amalgamated with the Shire of Whitsunday to...
(7 August 1863) and Dalby
Town of Dalby
The Town of Dalby was a Local Government Area of Queensland, Australia which managed the affairs of Dalby. It was located north-west of Toowoomba...
(21 August 1863).
By 1879, almost all of Queensland was under some form of local administration, either as a municipality under the Local Government Act 1878, or as a division under the Divisional Boards Act 1879.
Municipal Institutions Act
In September 1864, the first comprehensive Queensland local government legislation, the Municipal Institutions Act 1864, was enacted, repealing the previous Act. The Act allowed municipalities to charge rates, borrow money, enact bylawBylaw
By-law can refer to a law of local or limited application passed under the authority of a higher law specifying what things may be regulated by the by-law...
s, control or regulate public infrastructure and utilities, and provide public amenities such as gardens and hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
s.
The system for creating new municipalities was redesigned. Firstly, a signed petition had to be presented to the Governor from a minimum of 100 householders to create a new district or divide an existing one, or a minimum of 50 householders to extend an existing district to cover a neighbouring rural area. Once this had been done, the Governor could proclaim the change, and residents could then elect a council to represent them. Any man over the age of 21 who was a tenant, occupier, landlord or proprietor within the municipality could vote, and they were entitled to between one and three votes depending on the level of rates they paid. Only qualified voters could stand for council elections, which were conducted annually with one-third of the councillors retiring at each election. Once the council was elected, they selected a mayor from among their number. For the first time, municipalities could be divided into wards upon their own request—from two wards for a population under 1,000, to four wards for a population over 5,000.
During the 14 years that the Act was in force, the Drayton municipality was abolished in 1875, and nine new municipalities were created: Townsville (15 February 1866), Gayndah
Shire of Gayndah
The Shire of Gayndah was a Local Government Area located in the northern catchment of the Burnett River, Queensland, Australia. The shire covered an area of , and existed as a local government area from 1866 until 2008, when it amalgamated with several other shires to form the North Burnett...
(28 November 1866), Clermont
Shire of Belyando
Shire of Belyando was a Local Government Area in Central Queensland, Australia until being incorporated into Isaac Regional Council with Broadsound and Nebo Shires in 2008. The shire had two main towns, Clermont and Moranbah. The shire was based around agriculture and mining...
(21 January 1867), Roma
Town of Roma
The Town of Roma was a Local Government Area in the western Downs region of Queensland, Australia. The Council area covered the town of Roma and was completely surrounded by the neighbouring Bungil Shire until March 2008 when the Town of Roma was merged with the Shires of Bendemere, Booringa,...
(21 May 1867), Allora
Shire of Allora
The Shire of Allora was a Local Government Area north of the regional centre of Warwick in the Darling Downs region of Queensland. The shire, administered from Allora, covered an area of , and existed as a local government entity from 1869 until 1994, when it was dissolved and amalgamated with City...
(21 July 1869), Mackay
City of Mackay
The City of Mackay was a Local Government Area located in the Central Queensland region of Queensland, Australia, encompassing the regional city of Mackay and the surrounding region. The City was created as a municipal borough in 1869, and prior to amalgamation with the Shire of Pioneer in 1994,...
(22 September 1869), Copperfield (10 May 1872), Cooktown
Cooktown, Queensland
Cooktown is a small town located at the mouth of the Endeavour River, on Cape York Peninsula in Far North Queensland where James Cook beached his ship, the Endeavour, for repairs in 1770. At the 2006 census, Cooktown had a population of 1,336...
(3 April 1876) and Charters Towers
City of Charters Towers
The City of Charters Towers was a Local Government Area located in North Queensland, Australia, consisting of the centre and suburbs of the town of Charters Towers...
(21 June 1877).
The dual system
The Queensland Government passed the Local Government Act 1878 in August of that year. According to the Act, the function of municipal councils was to maintain "the good rule and government of the municipality", and to provide public services and amenities. Examples of such anticipated by the Act included parks and reserves, libraries, cemeteries, water and sanitation services, roads, bridges, wharves, street lighting, public health, fire prevention, the regulation of building construction and the regulation and issuing of a range of licences for uses of land. It made provision for the creation of additional municipalities to be known as Cities, Boroughs or Shires, either upon or without petition. Any man or woman over the age of 21 who was liable to be rated on any property in the district was eligible to vote in elections, which were to be held every February. In most other respects, the Local Government Act followed on from the 1864 Act.The Act was modelled on the Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
n Local Government Act 1874, but the legislation soon proved unsuitable to Queensland's requirements given its large, sparsely populated areas. The Government's response was the Divisional Boards Act 1879, which intended to extend local government to those areas of Queensland which could not be included in municipalities. The Act divided all lands in the Colony not already included into municipalities into 74 divisions, each to be governed by a Board of between 3 and 9 members. Elections were to be conducted by postal ballot.
Twentieth Century
With the passing of the Local Authorities Act 1902, which repealed both previous acts and extended councils' authority over the areas they controlled, the municipalities became Towns (unless they had City status) and the divisions became Shires on 31 March 1903. In 1915–1917 and again in 1949, significant changes were made to local government in south-eastern Queensland and also in far northern Queensland. By the time the Local Government Act 1936 came into effect, although the different categories of local government areas still existed, they were essentially a naming convention and had no practical meaning under the Act. A City had to be proclaimed by the Governor following certain criteria being met.In 1925, a number of local governments in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
were amalgamated into the City of Brisbane
City of Brisbane
The City of Brisbane is the Local Government Area that has jurisdiction over the inner portion of the metropolitan area of Brisbane, Queensland, Australia...
, covering what was then the entire metropolitan area. Its council, Brisbane City Council, effectively became a "super-council" with some powers normally reserved for the state. It has its own Act of Parliament, the City of Brisbane Act 1924, and a population today of over 1 million. Due to population growth and suburban spread, however, almost half of metropolitan Brisbane's population actually lives in neighbouring areas such as Ipswich
City of Ipswich
The City of Ipswich is a Local Government Area in South East Queensland, covering an area of along the coast about southwest of Brisbane, the capital of Queensland. The City of Ipswich has a population of 162,380 .-History:...
, Logan, Moreton Bay and Redland, which are all managed under the Local Government Act.
In 1989, the Electoral and Administrative Reform Commission was set up to investigate and report on a range of reforms to Queensland public administration, and one area of its purview was the Local Government Act 1936 and local council boundaries. As a result of its recommendations, the Goss
Wayne Goss
Wayne Keith Goss was Premier of Queensland from 7 December 1989 until 19 February 1996.-Early life:He was born at Mundubbera, Queensland and educated at Inala High School and the University of Queensland...
Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government then in charge amalgamated several councils and a new Local Government Act 1993 was introduced.
Indigenous councils
In the mid-1980s, with the passage of the Community Services (Torres Strait) Act 1984 and Community Services (Aborigines) Act 1984, many former Aboriginal reserves and missions (particularly in the Cape YorkCape York Peninsula
Cape York Peninsula is a large remote peninsula located in Far North Queensland at the tip of the state of Queensland, Australia, the largest unspoilt wilderness in northern Australia and one of the last remaining wilderness areas on Earth...
region) and several Torres Strait
Torres Strait
The Torres Strait is a body of water which lies between Australia and the Melanesian island of New Guinea. It is approximately wide at its narrowest extent. To the south is Cape York Peninsula, the northernmost continental extremity of the Australian state of Queensland...
islands were granted by way of a Deed of Grant in Trust
Deed of Grant in Trust
A Deed of Grant in Trust is the name for a system of community-level land trust established in Queensland to administer former reserves and missions...
to the Aboriginal and Torres Strait Island communities. Formally recognised management bodies known as Indigenous
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
community councils (or DOGIT councils) were set up to administer the land covered in the deed on behalf of the community. These bodies had quite different responsibilities to traditional local governments due to the nature of land ownership involved and the different relationship of the council to the community. In 2005–2007, as part of the Queensland Government's response to the Cape York Justice Study undertaken by Justice Fitzgerald QC in November 2001, these bodies became "Aboriginal Shire Councils" and "Island Councils" and obtained additional powers associated with local governments. A considerable number of them were amalgamated in 2008 into either the Torres Strait Islands Region or the Northern Peninsula Area Region which are Local Government Act bodies with special features, with lower-order community councils once again managing individual deeds and grants.
Local Government Reform Commission
The Local Government Reform Commission was an independent, purpose specific authority established by the BeattiePeter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
Queensland Government
Government of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...
on 1 May 2007 to recommend the most appropriate future structure and boundaries for local government in Queensland
Local Government Areas of Queensland
This is a list of local government areas in Queensland, sorted by region. For the history and responsibilities of local government in that state, see Local government in Queensland.-LGAs sorted by region:...
. This was in part due to the number of financially weak councils with small populations in rural areas, dating from an earlier time when industry and population had justified their creation.
Every local government was reviewed, except Brisbane City Council, already having the largest population of any local government area in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
Background
With a concern about sustainability of Queensland local governments, the Local Government Association of Queensland instigated reform of local government. Of the 156 councils, 118 agreed to investigate their long-term future through the Size, Shape and Sustainability (SSS) program, however it failed to deliver timely, meaningful reform. he Commission reported back on 27 July 2007, recommending massive amalgamations all over the State into "regions" administered by regional councils and centred on major towns or centres, based on a range of criteria such as economy of scale, community of interest and financial sustainability. Some changes happened in much larger areas as well — the Sunshine CoastSunshine Coast, Queensland
The Sunshine Coast is an urban area in South East Queensland, north of the state capital of Brisbane on the Pacific Ocean coastline. Although it does not have a central business district, by population it ranks as the 10th largest metropolis in Australia and the third largest in...
was to come under one local authority instead of three, as was the Moreton Bay region to the north of Brisbane; Beaudesert
Shire of Beaudesert
The Shire of Beaudesert was a Local Government Area located in South East Queensland, Australia, stretching from the New South Wales border, along the Gold Coast hinterland to the urban fringes of the cities of Brisbane and Ipswich...
was split into urban/planned urban and rural sections, with the former going to Logan, and the twin cities of Townsville and Thuringowa in North Queensland
North Queensland
North Queensland or the Northern Region is the northern part of the state of Queensland in Australia. Queensland is a massive state, larger than most countries, and the tropical northern part of it has been historically remote and undeveloped, resulting in a distinctive regional character and...
were merged.
The Minister for Local Government wrote to all Mayors in March 2007, requesting they assess the progress of the SSS program, what they believed the SSS reform agenda could achieve, and in what time frame. The responses to the Minister showed that significant reform was not going to be achieved by the SSS program before the next local government elections, due in March 2008.
The Queensland Treasury Corporation prepared financial sustainability reviews for 105 councils. The reviews found that some 40% were regarded as being in financially "weak", "very weak" or "distressed" conditions. Other studies by a number of independent bodies – such as the Queensland Auditor-General
Auditor-General
The Auditor-General is an office established by the 1996 Constitution of South Africa and is one of the Chapter nine institutions intended to support democracy, although its history dates back at least 95 years ....
, PricewaterhouseCoopers
PricewaterhouseCoopers
PricewaterhouseCoopers is a global professional services firm headquartered in London, United Kingdom. It is the world's largest professional services firm measured by revenues and one of the "Big Four" accountancy firms....
, and McGrath Nichol – found similar financial problems with the local government sector.
To effect significant reform, the independent Local Government Reform Commission was established to recommend the most appropriate boundaries and structure for Queensland's local governments.
The amalgamation program was not without considerable controversy in many of the affected areas and even a threat of Federal intervention from the Howard Government
Howard Government
The Howard Government refers to the federal Executive Government of Australia led by Prime Minister John Howard. It was made up of members of the Liberal–National Coalition, which won a majority of seats in the Australian House of Representatives at four successive elections. The Howard Government...
, who funded plebiscites on the change
Queensland Local Government Area amalgamation plebiscites, 2007
In late 2007, plebiscites on the amalgamation of the Local Government Areas of Queensland were held. They were federally funded and would not have any effect on the amalgamation, as it would take place regardless of the plebiscites' results....
in December 2007 in many affected areas, which recorded a strong "No" vote in most cases but with fairly low turnout by Australian referendum standards.
On 10 August 2007, the Commission's amalgamation recommendations passed into law as the Local Government (Reform Implementation) Act 2007, with only a few name changes as alterations. "Local Transition Committees" (LTCs) were created for each new area, made up of councillors and staff from the original areas, and on 15 March 2008, the old entities formally ceased to exist and elections were held to fill the new councils.
Commission members
The Commission was a panel of seven:- Bob Longland (Chair) – a former Electoral Commissioner for Queensland.
- Di McCauley – former Queensland Local Government and Planning Minister from 1996 to 1998.
- Tom PyneTom PyneThomas Alfred Pyne became the Mayor of Cairns when the Shire of Mulgrave and the City of Cairns merged in 1995. He was succeeded by Kevin Byrne.-Biography:...
– former President of the Local Government Association of Queensland and former Mayor of CairnsMayor of CairnsThis is a list of mayors of the Far North Queensland city of Cairns.Cairns was originally established as a Borough with a Chairman from 1885 until 1903, when the Local Authorities Act 1902 transformed it into a Town with a Mayor. The Town achieved City status in 1923. In 1995, when the Shire of...
. - Sir Leo Hielscher – Chair of Queensland Treasury Corporation.
- Terry MackenrothTerry MackenrothTerence Michael "Terry" Mackenroth is a former Queensland Australian Labor Party politician, serving almost 28 years with a notable parliamentary service history and a number of ministerial roles including Treasurer and Deputy Premier....
– former Deputy Premier and Treasurer and a Member of Queensland Parliament from 1977 to 2005. - Bob QuinnBob QuinnBob, Rob, or Robert Quinn may refer to:* Bob Quinn * Bob Quinn , American baseball executive* Bob Quinn , his grandson, American baseball executive...
– former Leader of the Queensland Liberal Party. - Kevin Yearbury – former Electoral Commissioner and Director-General of the Local Government and Planning Department.
Report and Recommendations
On 27 July 2007 the Commission handed down recommendations that included the names, classes, boundaries and electoral arrangements for Queensland's new local government areas. The Commission recommended Queensland's 156 councils be reduced to 72, 32 Aboriginal and island councils will be reduced to 14, and as a result 724 fewer elected council representatives.The recommendations divided Queensland's mayors, and sparked angry campaigns and protests against the reforms. Some affected councils proposed to hold referendums on amalgamations with threats of dismissal if they went ahead,
Then Premier Peter Beattie vowed to implement the proposed boundary changes "lock, stock and barrel" although, at the time, he said he'd be open to consensus suggestions from the Councils to be amalgamated as to the names of the new Councils and the electoral divisions within the Local Government Areas.
The Opposition leader, Jeff Seeney
Jeff Seeney
Jeffrey William Seeney is an Australian politician. He has been a member of the Queensland Legislative Assembly since the 1998 state election, representing the National Party and merged Liberal National Party ....
, pledged to de-amalgamate councils with community support by way of a poll if they came to office.
Outcomes
The Parliament of QueenslandParliament of Queensland
The Parliament of Queensland is the legislature of Queensland, Australia. According to the state's constitution, the Parliament consists of the Queen and the Legislative Assembly. It is the only unicameral state parliament in the country, the upper chamber, the Legislative Council, having been...
passed the Local Government (Reform Implementation) Act 2007 on 10 August 2007, following which Local Transition Committees were established to guide the reforms and appoint interim CEOs (Chief Executive Officers) to manage changes from October through to February 2008.
In September 2007 Premier Beattie resigned from the Queensland Parliament, and, under the new Premier, Anna Bligh
Anna Bligh
Anna Maria Bligh is an Australian politician and the Premier of Queensland since 2007. The 2009 Queensland state election was the first time a female-led political party won or retained state or federal government in Australia...
, on 15 March 2008, local government elections were held successfully , and on this date the Local Government Reform Commission's recommended local government areas came into being across the whole of Queensland.