South Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 26

26—Principles

        (1)         The Panel should, in arriving at recommendations for the purposes of this Chapter (but taking into account the nature of the proposal under consideration), have regard to—

            (a)         the objects of this Act; and

            (b)         the roles, functions and objectives of councils under this Act; and

            (c)         the following principles:

                  (i)         the resources available to local communities should be used as economically as possible while recognising the desirability of avoiding significant divisions within a community;

                  (ii)         proposed changes should, wherever practicable, benefit ratepayers;

                  (iii)         a council should have a sufficient resource base to fulfil its functions fairly, effectively and efficiently;

                  (iv)         a council should offer its community a reasonable range of services delivered on an efficient, flexible, equitable and responsive basis;

                  (v)         a council should facilitate effective planning and development within an area, and be constituted with respect to an area that can be promoted on a coherent basis;

                  (vi)         a council should be in a position to facilitate sustainable development, the protection of the environment and the integration of land use schemes;

                  (vii)         a council should reflect communities of interest of an economic, recreational, social, regional or other kind, and be consistent with community structures, values, expectations and aspirations;

                  (viii)         a council area should incorporate or promote an accessible centre (or centres) for local administration and services;

                  (ix)         the importance within the scheme of local government to ensure that local communities within large council areas can participate effectively in decisions about local matters;

                  (x)         in considering boundary reform, it is advantageous (but not essential) to amalgamate whole areas of councils (with associated boundary changes, if necessary), and to avoid significant dislocations within the community;

                  (xi)         residents should receive adequate and fair representation within the local government system, while over-representation in comparison with councils of a similar size and type should be avoided (at least in the longer term);

                  (xii)         the importance within the scheme of local government that a council be able to co-operate with other councils and provide an effective form of government to the community;

                  (xiii)         a scheme that provides for the integration or sharing of staff and resources between two or more councils may offer a community or communities a viable and appropriate alternative to structural change options; and

            (d)         the extent and frequency of previous changes affecting the council or councils under this Chapter or the repealed Act.

        (2)         The Panel should, so far as is relevant, give preference to structural changes that enhance the capacity of local government to play a significant role in the future of an area or region from a strategic perspective.



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