South Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1999 - SECT 29

29—Reference of proposals to Minister and Governor

        (1)         On the receipt of a report of the Panel under Division 4 or 5, the Minister may—

            (a)         accept the report; or

            (b)         refer the report back to the Panel with a request to consider the matters, and to take steps, specified by the Minister; or

            (c)         if the report relates to a proposal under Division 4 and the Panel has not recommended that the proposal proceed—at the request of one or more councils—consult with the relevant councils about the matter.

        (2)         If a request is made under subsection (1)(b)—

            (a)         the request must contain a statement of the reasons for the request; and

            (b)         the Panel may, after complying with the Minister's request and taking other steps as the Panel considers appropriate, amend or confirm the report, including any proposal recommended in the report, subject to the qualification that the Panel cannot amend or substitute a structural reform proposal without the consent of all councils affected by the proposal, and must then send the report back to the Minister.

        (3)         If the Minister consults with councils under subsection (1)(c), the Minister must also consult with the Panel about the matter (and obtain any report from the Panel that the Minister thinks fit).

        (4)         The Minister may then—

            (a)         on the basis of the report of the Panel (but subject to the result of a binding poll under Division 5), forward to the Governor a proposal recommended by the Panel for the making of a proclamation under this Chapter; or

            (b)         if—

                  (i)         the Minister has undertaken consultation with various councils under subsection (1)(c); and

                  (ii)         on the basis of that consultation, and after taking into account any report or comments prepared or provided by the Panel in relation to the matter, and any other matter that the Minister thinks fit, the Minister decides that it is appropriate to make a recommendation to the Governor in the circumstances of the particular case; and

                  (iii)         all councils affected by the proposal agree with the Minister's recommendation,

forward to the Governor a proposal recommended by the Minister for the making of a proclamation under this Chapter; or

            (c)         determine that a particular proposal should not further proceed under this Chapter.

        (5)         If a proclamation providing for the constitution, amalgamation or abolition of a council or councils, or providing for the alteration of the boundaries of a council area or areas, is made under subsection (4)(b), the Governor may, by subsequent proclamation made on the recommendation of the Minister, make provision for any related matter that may be the subject of a separate proclamation under this Chapter.

        (6)         A proclamation under subsection (4)(b) or (5) may be based on a proposal or recommendation that has not been submitted, formulated or considered under Division 4 or 5.