Local governments are established in Queensland under the Local Government Act 2009, which is administered by the Department of Local Government and Planning.

The Local Government Act 2009 provides greater flexibility for local government, enabling it to act as a true third level of government, rather than as a delegate or agent of the state. This new level of autonomy is counter-balanced by the need for greater accountability and better planning for sustainability.

Legislation extracts

• Local Government Act 2009 - s4 Local government principles underpin this Act
  
  

  4 Local government principles underpin this Act (1) To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires— (a) anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and (b) any action that is taken under this Act to be taken in a way that— (i) is consistent with the local government principles; and (ii) provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action. (2) The local government principles are— (a) transparent and effective processes, and decision-making in the public interest; and (b) sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) democratic representation, social inclusion and meaningful community engagement; and (d) good governance of, and by, local government; and (e) ethical and legal behaviour of councillors and local government employees.

• Local Government Act 2009 - s8 Local government’s responsibility for local government areas
  
  

  8 Local government’s responsibility for local government areas (1) A local government is an elected body that is responsible for the good rule and local government of a part of Queensland. Note— This is provided for in the Constitution of Queensland 2001, section 71 (Requirements for a local government). (2) A part of Queensland that is governed by a local government is called a local government area. (3) A local government area may be divided into areas called divisions. (4) A regulation may— (a) describe the boundaries of a local government area; or (b) describe the boundaries of any divisions; or (c) fix the number of councillors for a local government and any divisions of the local government area; or (d) name a local government area; or (e) classify a local government area as a city, town, shire or region.

• Local Government Act 2009 - s9 Powers of local government generally
  
  

  9 Powers of local governments generally (1) 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. Note— Also, see section 262 (Powers in support of responsibilities) for more information about powers. (2) However, a local government can only do something that the State can validly do. (3) When exercising a power, a local government may take account of Aboriginal tradition and Island custom. (4) A local government may exercise its powers— (a) inside the local government area; or (b) outside the local government area (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided in section 10(5). (5) When a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area.

• Local Government Act 2009 - s11 Who a local government is constituted by
  
  

  11 Who a local government is constituted by (1) Usually, a local government is constituted by the councillors who are elected or appointed to the local government under this Act or the Local Government Electoral Act. (2) However— (a) if all of the councillors have been dismissed under section 123 and an interim administrator is appointed—the local government is constituted by the interim administrator; or (b) if there are no councillors for any other reason—the local government is constituted by its chief executive officer.