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ARTICLE · 08 SEPTEMBER 2009

Getting Ready For New Enterprise Powers For Local Governments In Queensland

Clayton Utz
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The Queensland Department of Infrastructure and Planning recently released the draft Local Government (Beneficial Enterprises and Business Activities) Regulation 2009 for public comment.

AustraliaGovernment, Public Sector
Barry Dunphy
Barry Dunphy
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The Queensland Department of Infrastructure and Planning recently released the draft Local Government (Beneficial Enterprises and Business Activities) Regulation 2009 for public comment. Councils and other parties interested in the new enterprise powers regime have until 14 September 2009 to make submissions to the Department on its terms.

We previously reported on the new Local Government Act 2009 and its "principles-based" approach to regulation. In this Alert, we'll compare the proposed enterprise powers framework under the new Act with the current enterprise powers regime to assess whether this key aspect has been improved for councils.

Current framework

Chapter 6, Part 4 of the 1993 Act governs local government enterprise powers, including those exercised by Brisbane City Council ("enterprise" is defined to include any business, undertaking and activity). A local government is empowered to engage in or help an enterprise (either alone or with

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