LOCAL GOVERNMENT ACT 1993 - SECT 218CC Proposals for de-amalgamations

LOCAL GOVERNMENT ACT 1993 - SECT 218CC

218CC Proposals for de-amalgamations

(1) The new council may, within 10 years of the constitution of the new area, submit a written business case to the Minister setting out--

(a) a proposal for the de-amalgamation of the new area, whether by reconstituting the former areas or constituting different areas, and

(b) the reasons in support of the proposal.

(2) The Minister must, within 28 days after the business case is submitted, refer the de-amalgamation proposal to the Boundaries Commission with a direction that it conduct an inquiry and report on the proposal.

(3) Without limiting subsection (2) or section 263, the Boundaries Commission may in its report recommend that--

(a) the de-amalgamation proposal be supported, or

(b) the de-amalgamation proposal be rejected, or

(c) a different de-amalgamation proposal be supported.

(4) The Minister must ensure that the report of the Boundaries Commission is publicly released within 48 hours after it is provided to the Minister.

(5) The Minister must, within 28 days after the report is provided to the Minister, provide a written response to the new council setting out--

(a) whether or not the Minister supports the de-amalgamation proposal or a different de-amalgamation proposal recommended by the Boundaries Commission, and

(b) the reasons for the Minister's decision, and

(c) if the Minister supports the de-amalgamation proposal or the different de-amalgamation proposal--the anticipated time frame for giving effect to the proposal.

(6) The Minister is, by making grants under section 620 or using money otherwise appropriated by Parliament for the purpose, to ensure that the cost of any de-amalgamation of the new area resulting from a business case submitted under this section is fully funded.

(7) This section extends to new areas constituted before the commencement of this section.

(8) In this section--


"new area" means the area constituted by the amalgamation of areas (
"former areas" ) by the relevant proclamation.


"new council" means the council of a new area constituted by section 219.


"relevant proclamation" means the proclamation made pursuant to Chapter 9, Part 1 that amalgamates former areas into the new area and constitutes the new council.