South Australian Consolidated Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 27

27—Council initiated proposals

        (1)         Councils may submit to the Panel proposals for the making of proclamations under this Chapter.

        (2)         A proposal submitted to the Panel under subsection (1) must—

            (a)         set out in general terms the nature of the proposal; and

            (b)         examine the effect of the proposal to the extent required by the Panel for the purposes of this section; and

            (c)         in the case of a proposal that relates to more than one council—be submitted by all councils affected by the proposal; and

            (d)         comply with requirements published by the Panel.

        (3)         On the submission of a proposal to the Panel, the Panel must cause public notice to be given setting out the substance of the proposal and publish a copy of the notice in a newspaper circulating within the area or areas of the council or councils.

        (4)         The Panel may inquire into the proposal as the Panel thinks fit.

        (5)         The Panel must be satisfied that there has been a reasonable amount of community consultation on the proposal.

        (6)         The Panel may consult with one or more councils (including councils not included within the terms of the proposal) about the proposal and, at its discretion, about any amendment, or alternative proposal or proposals, that the Panel thinks warrants consideration.

        (7)         The Panel may, at the request of or with the consent of the council or councils that submitted the proposal, and any other council that may be affected—

            (a)         amend the proposal;

            (b)         substitute an alternative proposal.

        (8)         However, the Panel must not make an amendment, or substitute an alternative proposal, unless—

            (a)         further consultation has been conducted to the satisfaction of the Panel; or

            (b)         the Panel determines—

                  (i)         that there has already been adequate consultation on the matter; or

                  (ii)         that the amendment, or the alternative proposal, is only of minor significance, or that the final proposal differs from the original proposal in minor respects only.

        (9)         The Panel must then prepare a report to the Minister on the proposal. 1

Note—

1         Division 6 sets out what happens after this report is prepared.



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