Regulations, Laws and Forms

Burdekin Shire Council

Laws and permits

The Burdekin Shire Council administers and enforces legislation and regulations around keeping of animals, noise, pollution, vegetation, fences and health and safety. Permits are sometimes required for these and other areas. Find out when permits are required and how to apply.

  • Abandoned Vehicles

    An abandoned vehicle is any unregistered motorised vehicle, trailer, caravan, horse float or similar found on any road or in any park or on other land under the control of Council, apparently abandoned or discarded.

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    An abandoned vehicle is any unregistered motorised vehicle, trailer, caravan, horse float or similar found on any road or in any park or on other land under the control of Council, apparently abandoned or discarded.

    Process

    Council’s Environment and Health section will locate the vehicle and endeavour to determine if the vehicle is the property of a person through some form of identification, ie. number plates, VIN number or registration sticker.  A search will be conducted by Council in an attempt to determine the last known owner of the vehicle. Subsequently the owner will be notified that failure to effect removal of the vehicle within a period of seven (7) days will result in seizure and removal by Council.

    Following expiration of the specified period a further inspection will be conducted to determine if removal has taken place. Should this not be the case proceedings will be instigated to have the vehicle removed to a place of safe keeping.

    All abandoned unclaimed vehicles towed by Council are then stored to await auction. Auctions are held at the Council depot and advertised in the Advocate and Observer.

    Abandoned vehicles on private property are the responsibilty of the land owner.

    Further information

    If you are aware of an abandoned vehicle…

    Please contact the Customer Service Centre using the Online Contact Form.

    You can also contact the Customer Service Centre using one of the following methods.

    Customer Service Centre

    Location145 Young Street,
    Ayr Qld 4807
    Postal AddressPO Box 974
    Ayr Qld 4807
    Opening hours8am – 5pm, Monday to Friday (except Public Holidays)
    Phone(07) 4783 9800 – Business hours
    (07) 4783 9800 – After hours (the same number)
    Fax(07) 4783 9999
    SMS0437 886 008
    Email
    OnlineUse the Online Contact Form

    Building Certification and Plumbing Officers

    Early OpeningPlease phone (07) 4783 9942 if you need to access the Building and Plumbing Department between 7am – 8am, Monday to Friday.

    Media Enquiries

    For all media enquiries please email

    Compliments and Complaints

    The Burdekin Shire Council is committed to an open and friendly relationship with members of our community. Whether you’re telling us what we do well, or how we can improve, your feedback is important to us.If you would like to provide a compliment or complaint regarding actions or decisions made by Council, or by one of our councillors or officers, please visit the
    > Complaints, compliments and suggestions page.

    Privacy Notice

    We will only use personal information provided in your email to address the subject matter of your email. This may involve passing on your email to other areas within the council. We will not disclose your personal information to other government agencies, organisations or anyone else unless one of the following applies:

    • you consented to the disclosure
    • you would have a reasonable expectation that your personal information would be disclosed
    • it is required or authorised by law
    • it will prevent or lessen a serious threat to somebody’s life or health; and
    • the disclosure is reasonably necessary for a law enforcement activity.

    Your email address details will not be added to a mailing list. Email messages may be monitored by our information technology staff for system trouble-shooting and maintenance purposes.

  • Animals and Pet Management

    The primary aim of this unit is to work with the community, encouraging responsible pet ownership through public education programs and working together co-operatively with the community to achieve an amicable co-existing neighbourhood for all residents. This includes Animal Approvals, Animal Registration and dealing with Lost and Found Animals.  

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    The primary aim of this unit is to work with the community, encouraging responsible pet ownership through public education programs and working together co-operatively with the community to achieve an amicable co-existing neighbourhood for all residents.

    This includes Animal Approvals, Animal Registration and dealing with Lost and Found Animals.

     

  • Business Regulations

    Laws and permits The Burdekin Shire Council administers and enforces legislation and regulations around health and safety. Permits are sometimes required for these and other areas. Find out when permits are required and how to apply.

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    The Burdekin Shire Council administers and enforces both state and local legislation which has a focus on public health or safety. Licences or approvals are required for a number of activities, most of these are listed. 

     

    If you are not sure if the legislation applies to you please contact Council.

    Please contact the Customer Service Centre using the Online Contact Form.

    You can also contact the Customer Service Centre using one of the following methods.

    Customer Service Centre

    Location145 Young Street,
    Ayr Qld 4807
    Postal AddressPO Box 974
    Ayr Qld 4807
    Opening hours8am – 5pm, Monday to Friday (except Public Holidays)
    Phone(07) 4783 9800 – Business hours
    (07) 4783 9800 – After hours (the same number)
    Fax(07) 4783 9999
    SMS0437 886 008
    Email
    OnlineUse the Online Contact Form

    Building Certification and Plumbing Officers

    Early OpeningPlease phone (07) 4783 9942 if you need to access the Building and Plumbing Department between 7am – 8am, Monday to Friday.

    Media Enquiries

    For all media enquiries please email

    Compliments and Complaints

    The Burdekin Shire Council is committed to an open and friendly relationship with members of our community. Whether you’re telling us what we do well, or how we can improve, your feedback is important to us.If you would like to provide a compliment or complaint regarding actions or decisions made by Council, or by one of our councillors or officers, please visit the
    > Complaints, compliments and suggestions page.

    Privacy Notice

    We will only use personal information provided in your email to address the subject matter of your email. This may involve passing on your email to other areas within the council. We will not disclose your personal information to other government agencies, organisations or anyone else unless one of the following applies:

    • you consented to the disclosure
    • you would have a reasonable expectation that your personal information would be disclosed
    • it is required or authorised by law
    • it will prevent or lessen a serious threat to somebody’s life or health; and
    • the disclosure is reasonably necessary for a law enforcement activity.

    Your email address details will not be added to a mailing list. Email messages may be monitored by our information technology staff for system trouble-shooting and maintenance purposes.

  • Fact Sheets

    Useful and informative fact sheets about the region and council services are available online and from the Council Chambers in Ayr.

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    Burdekin Shire Council has a number of useful and informative fact sheets which will be of interest to Burdekin residents as well as the general public.

    Printed copies are available for collection from the Burdekin Shire Council Chambers at 145 Young Street in Ayr.

    The following fact sheets can also be viewed online or downloaded and printed.

  • Forms

    Forms required to apply for council services, licenses and permits are available online and from the Council Chambers in Ayr.

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    Forms required to apply for council services, licenses and permits are available from the Burdekin Shire Council Chambers at 145 Young Street in Ayr, or they can be downloaded and printed locally.  Once completed they should be returned to the Council (with any necessary fees) for processing.

  • Illegal Dumping

    Reports of illegal dumping can be made to Council's Customer Service Centre on (07) 4783 9800.

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    Reports of illegal dumping can be made to Council’s Customer Service Centre on (07) 4783 9800. Once a report has been received the Enviroment and Health section will inspect the area to gather evidence to determine the person/s responsible.

    If the person responsible for illegal dumping cannot be found, Council or a private contractor will remove the offending waste.

    Council does not respond to illegal dumping found on private land.

  • Local Laws

    A full list of council's local laws are now available on the Department of Local Government and Planning website:
    View local laws

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    Burdekin Shire Council has a number of local laws that relate to Burdekin residents and businesses as well as anyone visiting the area.  A copy of Council’s current local laws can be obtained from the Council Chambers, 145 Young Street Ayr, or accessed electronically via the links provided.

    Disclaimer

    The material presented on this site is provided by the Burdekin Shire Council for information purposes only. Users should note electronic versions of local laws and subordinate local laws on this site are not recognised as the official or authorised version of the local laws and cannot be relied on in legal proceedings. The electronic versions are made available on the basis users remain responsible for satisfying themselves as to their accuracy, completeness and currency.

    A full list of council’s local laws are now available on the Department of Local Government and Planning website:

     

  • Local Laws and Policies

    View Council's Local Laws and Policies.

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    Council Policies

    Policies state Council’s intent, commitment or position on strategic issues and assist in informing the community and council officers on Council’s desired outcomes.

    Policies are approved and adopted by the council.

    Administrative directives describe what the Chief Executive Officer (acting under the Local Government Act) considers to be appropriate in relation to specific issues arising out of either legislation or Council decisions. They generally relate to the implementation of the day-to-day operations of the council.

    If you cannot find what you need, please contact the Customer Service Centre by phoning 07 4783 9800.

    Local Laws

    Burdekin Shire Council has a number of local laws that relate to Burdekin residents and businesses as well as anyone visiting the area.  A copy of Council’s current local laws can be obtained from the Council Chambers, 145 Young Street Ayr, or accessed electronically via the links provided.

    The Local laws were approved and adopted by council on 26 June 2012.

    Disclaimer

    The material presented on this site is provided by the Burdekin Shire Council for information purposes only. Users should note electronic versions of local laws and subordinate local laws on this site are not recognised as the official or authorised version of the local laws and cannot be relied on in legal proceedings. The electronic versions are made available on the basis users remain responsible for satisfying themselves as to their accuracy, completeness and currency.

  • Overgrown Allotments

    Overgrown allotments can harbour vermin and may also be a fire hazard.

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    What is an overgrown allotment?

    Vacant land or domestic surrounds that, in the opinion of an Environmental Technical Officer, contains grass, weeds, plants or other vegetable growth in such quantity and in such condition to cause reasonable apprehension of danger by fire, or be likely to form a breeding place or harbourage for vermin, including reptiles.

    If you are aware of an overgrown allotment please contact us. When notifying Council of an overgrown allotment your name and address will be required together with the location of the offending property. NOTE: Personal details are treated confidentially.

    What action does Council take?

    An inspection is carried out to determine the extent of the breach. If the complaint is justified, a letter is issued to the owner asking them to clear the allotment to Council’s satisfaction within a period of seven (7) days.

    What happens in the event of non-compliance?

    If the owner fails to clear the land within the specified period, Council will serve a Public Health Notice giving them a further fourteen (14) days to carry out the required works.

    If the owner ignores Council’s correspondence, further legal action may be taken.

  • Policies

    Burdekin Shire Council has a number of policies that relate to Burdekin residents and businesses as well as anyone visiting the area.

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    Burdekin Shire Council has a number of policies that relate to Burdekin residents and businesses as well as anyone visiting the area.

    Policies state Council’s intent, commitment or position on strategic issues and assist in informing the community and council officers on Council’s desired outcomes.

    Policies are approved and adopted by the council.

    Copies of the policies are available for collection from the Burdekin Shire Council Chambers in Ayr.  They can also be viewed online or downloaded and printed.

    Council Policies Under Review

    A major policy review is currently under way.  As existing policies are updated or new policies are adopted, this Policy Register will change accordingly.  Any questions regarding the policy register should be directed to the Executive Officer.

    Community Assistance

    • Donations for Significant Events [A047] – currently under review
    • Donations made to non-profit organisations in the form of refunds for Building and Plumbing permit fees [A049] -currently under review
    • Sponsorship of Council Queen/Ambassador/Bachelor entrants for local festivals [A055]- currently under review
    • Donations to Burdekin Shire schools celebrating anniversaries [F005] – currently under review
    • Annual Sponsorship of Christmas Morning Melodies  [F029] – currently under review

    Development and Building Controls

    • Urban access provision  [E010] – currently under review
    • Discharge of rainwater from existing buildings in the CBD [B003] – currently under review
    • Dealing with infrastructure access charges [TP004] – currently under review

    Financial Management

    • Advertising Policy  currently under review
    • Refund of building application fees [F002]- currently under review
    • Refund of plumbing fees [F003] – currently under review

    Roads, Traffic, Transport and Drains

    • Barricades and signage for community events [E003] – currently under review
    • Road closure advertisements [E004] – currently under review
    • Temporary closure of roads associated with community events [RB013] – currently under review
    • No requirement for drainage grates in car parks and driveways less than 500 sq metres [RB015] – currently under review

    Water Supply

    • Future restrictions on Giru rural water supply system  [W001] – currently under review
    • Giru water supply system [W002] – currently under review
    • Replacement of existing private water extensions in rural areas [W003] – currently under review
    • Dealing with infrastructure access charges [W007] – currently under review

    Current Council Policies

    The following policies have been approved and adopted by the council.

  • Reports, Budgets and Plans

    A range of publications, reports, budgets and plans are available online and from the Council Chambers in Ayr.

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    The Burdekin Shire Council has a range of publications, reports, budgets and plans available for you to download.

    Printed copies are available for collection from the Burdekin Shire Council Chambers at 145 Young Street in Ayr.  Please note that there may be a charge for some of the reports.

    The following can also be viewed online or downloaded and printed.

  • Right to Information

    Burdekin Shire Council is committed to making it easy for the community to access the information it holds and to the effective management of personal information it holds.

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    The Right to Information Act 2009 gives people the right to access documents or information held by Council not usually publically available and encourages Council to release documents unless they contain information which is exempt or which is contrary to the public interest.
    > Right to Information Act 2009

    The Information Privacy Act 2009 outlines how Council should manage an individual’s personal information by providing fair collection and handling practices for personal information and also giving people the right to access and amend their own personal information held by Council.
    > Information Privacy Act 2009

    This legislation replaces the former Freedom of Information Act 1992.

    Further information about Whole of Government policy and the relevant legislation is available from the Queensland Government.
    > Right to Information and Information Privacy website

    Did you know you have the right to access information held by Council?

    Burdekin Shire Council collects and stores information about the region, properties, land, individuals, even animals. New legislation supports your access to much of this information, while maintaining appropriate access restrictions for personal or confidential information.

    You can check to see if the information sought is already available:

    • by visiting the Burdekin Shire Council website
    • by viewing the Publication Scheme (see below)
    • by contacting us by email: or by telephone:  07 4783 9800.

    What information is already available?  Council’s publication scheme

    The RTI Act requires Council to publish a list of information on its website that is routinely available to residents, known as a ‘publication scheme.’  The information in the publication scheme is grouped into seven classes:

    Charges for information

    There will be no charge for examining any publication scheme information contained on Council’s websites. However, there may be a charge if a large volume of printed material is required. You can request printed copies of any of the documents available in our publication scheme from our customer service centre.  You will be told about any photocopying charges at the time of your request.

    The cover price will be charged for any publications produced by the council for sale. Charges will be kept under review and there is no intention to charge for material that has previously been available for free.

    You can access a copy of Council’s Fees and Charges here.

    Disclosure log

    The disclosure log is a record of Right to Information (RTI) Applications with Burdekin Shire Council. The disclosure log identifies documents that have been released under the RTI act of a non-personal nature. Once documents have been released they are available for access without going through the RTI process. Click here to view the Disclosure Log.

    What is right to information?

    The Queensland Government recognises that the public has a right to know the information that is created and used by government on their behalf.

    The Right to Information reforms mean increased public access to government information. Access to information using legislation such as the Right to Information Act (RTI Act) and Information Privacy Act (IP Act) should be a` last resort’. RTI promotes a culture of openness, accountability and transparency, balanced with appropriate protection for certain information, including personal information. In practice, this means that information will be released unless, on balance, its release is contrary to public interest.

    What does the RTI Act cover?

    The RTI Act covers documents of a non-personal nature that cannot be accessed from another source, for example Council’s internet.

    RTI Application – e.g. the following documents would need to be accessed by submitting an RTI application:

    • Works maintenance reports
    • Complaints
    • Diaries

    Public documents – e.g. the following documents can be accessed via the Council’s website:

    What is the Information Privacy Act?

    The Information Privacy Act 2009 (the IP Act) contains two sets of privacy principles, which regulate how personal information is collected, secured, used and disclosed by Queensland public sector agencies. There are 11 Information Privacy Principles (IPPs) for Queensland public sector agencies, and 9 National Privacy Principles (NPPs) for Queensland Health. Both the IPPs and NPPs are adapted from the Commonwealth Privacy Act 1988. The IP Act sets out a limited number of situations where the privacy principles will not apply, such as for law enforcement purposes.

    What does the IP Act cover?

    The IP Act provides a formal mechanism for a person to apply to access or amend their own personal information. This mechanism, which is set out in chapter 3 of the IP Act, is intended to be a last resort. Agencies are encouraged to provide informal (administrative) access and amendment options to people wherever practicable.

    For further information, please review Council’s fact sheet:
    Information Privacy Frequently Asked Questions

    Making an application under the RTI Act or the IP Act

    If you have checked that the information you are seeking is not available in another way (even if a charge is applicable) then you will need to make a formal access application under the RTI Act or IP Act.  If you are seeking information that is a combination of both personal and non-personal information, you will need to make an application under the RTI Act.

    We recommend contacting us prior to making an application as it is often helpful to discuss the application at an early stage so that Council understands what information you are seeking.  In some cases, there may be another way of giving you access to the documents you want, without having to make a formal application.

    Please be mindful that legislative exemptions may apply and you may receive documents with exemption information or contrary to public interest information, deleted.

    For further information, please review Council’s fact sheet:  Making an application

    Information Privacy applications

    The IP Act allows you to apply for access to documents containing  your own personal information.

    There are no charges for applications under the IP Act, but you will need to provide evidence of identity.  The types of proof include a certified copy of your driver’s licence, passport or birth certificate.

    If you are acting on someone’s behalf, you must provide evidence of both identities as well as sufficient proof of your authorisation to act on the person’s behalf.

    Applications must be submitted on the prescribed form. Download and print the RTI IP Access Application Form.

    Right to Information applications

    The RTI Act allows you to make an application to access documents that are in Council’s possession or control and which contain information that is ‘non-personal’.

    If you are making an application under the RTI Act you will need to pay the $44.85 application fee.  The application fee for RTI applications cannot be waived.

    If your application will take over five hours to process, Council will provide you with a charges estimate notice.  At this stage you can decide to withdraw or amend your application or you can agree to the charges and continue with your application.  If charges are applicable, we will contact you with more information.

    Charges are set by the state government and are $6.95 for each 15 minutes spent processing your application.  Council provides documents free of charge on CD, USB or email, however if you require printed copies of the documents an A4 black and white photocopy is $0.25 per page.

    If you have a health care card or a concession card, a written application can be made to have the processing and/or access charges waived.

    Applications must be submitted on the prescribed form. Download and print the RTI IP Access Application Form.

    Submitting your application

    All RTI/IP applications to Burdekin Shire Council must be submitted to Council by post to PO Box 974, Ayr Qld 4807 or in person using the prescribed form.  All applications must provide a specific description of the information you require and provide an address for notices of the Act to be sent to the applicant.

    If you are making an RTI application to a Queensland Government department only, you can apply online at their website.

    For more information on lodging an application go to the Queensland Government’s Right to Information website.

    How long does the application take to process?

    The RTI Act and IP Act allow Council 25 business days to process an application, but this can be extended under some circumstances.

    This timeline can be subject to extensions depending on particular requirements of the application (for example, when third party consultation is required a further 10 business days is added to the processing time).

    If an application is outside the scope of Right to Information (RTI) or Information Privacy (IP), Council will advise the applicant within 10 business days.

    If the application does not meet all the requirements of a valid application, Council will advise the applicant within 15 business days, with an aim to assisting the applicant in making a valid application.

    What if I am not satisfied?

    If you are not satisfied with any decision regarding your application you have the right to ask for a review.

    For instance you may have been refused access to whole or part of a document, refused an amendment, or perhaps you are concerned that your personal or business information will be disclosed to someone else.

    You have the options of applying for an:

    Internal Review – If you disagree with Council’s decision, you can apply to Council for an internal review of the decision. There is no fee or charge for an internal review but an application must be in writing and lodged with Council within 20 business days after the date of the written notice of the decision.  A more senior delegated officer to the original decision maker will review your application and inform you of the review decision within 20 business days, including reasons as to why the original decision is affirmed, modified or overturned.  You may choose to request an external review from the Information Commissioner instead of an internal review by Council.

    External Review – If you disagree with the internal review decision, you can request an external review. You may also request an external review when Council takes longer than the prescribed time to make the decision on your application.  Your request for external review should be addressed to:

    Office of the Information Commissioner, PO Box 10143, Adelaide Street, BRISBANE QLD 4000

    The Information Commissioner may change or confirm the decision made on your information privacy request or try to mediate a settlement between you and the Council. There is no fee or charge for an external review.

    For more information regarding external reviews visit www.oic.qld.gov.au or call the Office of the Information Commissioner on 07 3234 7373.

    Accessing or amending your personal details

    • You can amend simple details, such as your address or phone number by calling our customer service centre on (07) 4783 9800 and asking a customer service officer to update your details.
    • If you are a property owner, and wish to amend the ownership name associated with your property this can be done with the assistance of your solicitor.  Council can only amend the name of ownership for a property with the correct authority. Fees may apply.
    • If you wish to make an application for personal information, applications must be submitted on the prescribed form. View the  IP Personal Information Amendment Form.  No fees apply.
    • Evidence of Identity must be provided within 10 business days.
    • Applications to be lodged to Burdekin Shire Council by post to PO Box 974, Ayr Qld 4807, by fax to (07) 4783 9999 or by Email to  or in person.

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