The legislative authority and responsibilities of local governments are outlined by Federal Government as follows: Local government in Australia's Federation
Local government bodies have existed in Australia since the establishment of the Adelaide Corporation (now the City of Adelaide) in 1840. Across Australia, there are now about 560 local government bodies that promote local interests and deliver important services and infrastructure. These bodies are very diverse: the areas they cover range from less than a square kilometre to almost 380,000 square kilometres, and their populations range from a few hundred to more than 1 million.
Local government is a legislative responsibility of the States and Territories and is recognised in the Constitution of each State. State parliaments determine the roles and responsibilities of local governments, and those responsibilities vary from State to State.
Chapter 7 of the Constitution of Queensland 2001 notes the following in regard to the authority and responsibilities of local governments:
Chapter 7 Local Government
Part 1 System of local government
Section 70 System of local government
- There must be a system of local government in Queensland.
- The system consists of a number of local governments.
Section 71 Requirements for a local government
- A local government is an elected body that is charged with the good rule and local government of a part of Queensland allocated to the body.
The Local Government Act 2009, promulgated by the Queensland Parliament in terms of the Queensland Constitution, says the following:
Chapter 2 Local Governments
Part 1 Local governments and their constitution, responsibilities and powers
Section 9 Powers of local governments generally
- a local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area.
Chapter 4 Finances and accountability
Part 1 Rates and charges
Section 94 Power to levy rates and charges
- Each local government:
- must levy general rates on all rateable land within the local government area; and
- may levy:
- special rates and charges; and
- utility charges; and
- separate rates and charges.
Chapter 7 Other provisions Part 6 Other provisions Section 262 Powers in support of responsibilities
(3) The powers include all the powers that an individual may exercise, including for example:
(c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed. Local Government Legitimacy and Rating Power(PDF, 144KB)