Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to require the Local Government Boundaries
Commission to poll the residents and ratepayers affected by a proposed
amalgamation of two or more local government areas, or by a substantial change
to the boundaries of a local government area, so as to ascertain their attitude to
the proposal.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 is a formal provision that gives effect to the amendments to the Local
Government Act 1993 set out in Schedule 1.

Local Government Amendment (No Forced Amalgamations) Bill 2003
Explanatory note
Schedule 1 Amendments
At present, any proposal to amalgamate two or more local government areas into
one or more new areas, or to alter the boundaries of one or more areas, must be
referred by the Minister for examination and report to the Boundaries
Commission or to the Director-General. It is only if the proposal concerns
amalgamation that the Boundaries Commission or the Director-General is
required to seek the views of electors of each of the areas by means of advertised
public meeting or formal poll. (See current section 218F of the Local
Government Act 1993).

The amendments made by Schedule 1 will require all proposals for the
amalgamation of two or more areas, or that involve a substantial alteration to a
boundary of an area, to be referred to the Boundaries Commission. (See
proposed section 218F (1A)). The term substantial alteration to a boundary of
an area is defined to mean an alteration the net effect of which is to increase or
reduce the physical size of the area concerned by 10% or more or that is part of
a redistribution of boundaries throughout the State. (See the proposed
amendment to the Dictionary).

The Boundaries Commission will be required to conduct a public hearing in
relation to each such proposed amalgamation or substantial boundary alteration
and to have regard to the matters raised at that public hearing. (See proposed
section 265A).

The Boundaries Commission will also be required to conduct a postal ballot in
relation to each such proposed amalgamation or substantial boundary alteration
(although the Boundaries Commission may request the Electoral Commissioner
to conduct the postal ballot). (See proposed section 265B).

The people who may vote at the postal ballot are the same as the people who may
vote at local council elections, namely, residents, owners of rateable land,
occupiers of rateable land and ratepaying lessees of rateable land. (See proposed
section 265C).

The electors in a postal ballot conducted under proposed section 265B will be
taken to be in favour of the proposal the subject of the postal ballot if a majority
of the formal votes cast in each area to which the proposal relates is in favour of
the proposal. In any other case, the electors are taken to have rejected the
proposal. (See proposed section 265D (1)).

Once a postal ballot is determined, the Boundaries Commission is required to
cause notice of the result of the postal ballot to be published in a newspaper
circulating in the area to which the proposal the subject of the postal ballot
relates. (See proposed section 265D (2)).

Local Government Amendment (No Forced Amalgamations) Bill 2003
The Boundaries Commission is required to have regard to the result of the public
hearing and the postal ballot in the report that it is required to prepare for the
Minister. The report of the Boundaries Commission must contain an analysis of
the public hearing and, if the recommendation of the report is contrary to any
general consensus reached at the public hearing, must contain a detailed
explanation as to why the Boundaries Commission does not endorse that general
consensus. (See proposed section 265A (4)). The report must also contain an
analysis of the postal ballot (specifying the result of the postal ballot). If the
recommendation of the report is contrary to the result of the postal ballot, the
report must contain a detailed explanation as to why the Boundaries
Commission does not endorse the result of the postal ballot. (See proposed
section 265D (3)).

The proposed amendments do not apply to boundary changes or amalgamations
that are in progress. (See proposed amendment to Schedule 8).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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