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Western Australia
Local Government Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Local Government Act 1995 amended 2
Part 2 -- Amendments about audits
4. Section 7.1 amended 3
5. Division 1A inserted in Part 7 3
6. Section 7.3 amended 4
7. Section 7.9 amended 4
8. Section 7.12A inserted 5
9. Section 7.13 amended 6
Part 3 -- Amendments about WALGA
10. Section 9.58 amended 8
11. Section 1.4 amended 8
12. "WAMA" replaced by "WALGA" 9
13. Other Acts consequentially amended -- Schedule 1 9
14. Transitional and validation provisions -- Schedule 2 9
Part 4 -- Other amendments
15. Section 1.3 amended 10
16. Section 1.10 repealed and consequential amendments 10
17. Amendments about method of electing mayor or
president 11
18. Section 2.15 amended 14
19. Section 2.25 amended 14
20. Section 2.27 amended, consequential amendment and
transitional provision 14
21. Section 2.37 amended 15
262--2B page i
Local Government Amendment Bill 2003
Contents
22. Section 2.37A amended 15
23. Section 3.12 amended 16
24. Section 3.16 amended 16
25. Section 3.40A inserted and consequential amendments 16
26. Section 3.50 amended 18
27. Section 3.58 amended 19
28. Section 3.64 amended 19
29. Section 3.66 amended 19
30. Sections 4.1A and 4.1B inserted and savings provision 20
31. Section 4.17 amended 21
32. Section 4.20 amended and consequential amendment 22
33. Section 4.32 amended 23
34. Section 4.33 amended 24
35. Section 4.35 amended 24
36. Section 4.37 amended 24
37. Section 4.43 amended 24
38. Section 4.48 amended 25
39. Section 4.49 amended 25
40. Section 4.51 amended 26
41. Section 4.87 amended 26
42. Amendments about principal activities 26
43. Section 5.21 amended 27
44. Section 5.36 amended 28
45. Section 5.37 amended 28
46. Section 5.39 amended and consequential amendment 29
47. Section 5.43 amended 30
48. Section 5.47 amended 30
49. Section 5.54 amended 30
50. Section 5.60A amended 30
51. Section 5.62 amended 31
52. Section 5.63 amended 31
53. Section 5.69 amended 32
54. Section 5.95 amended 32
55. Section 5.103 amended 33
56. Section 6.2 amended 33
57. Section 6.9 amended 34
58. Section 6.14 amended 34
59. Section 6.21 amended 34
60. Section 6.23 amended 35
61. Section 6.35 amended 36
62. Section 6.51 amended 37
page ii
Local Government Amendment Bill 2003
Contents
63. Section 6.62 amended 37
64. Section 6.74 amended and consequential amendment 38
65. Section 9.11 amended 38
66. Section 9.59 amended 38
67. Schedule 2.1 amended and savings provision 39
68. Schedule 2.2 amended 40
69. Schedule 2.3 amended 41
70. Schedule 2.4 amended 45
71. Schedule 2.5 amended 45
72. Schedule 3.1 amended 45
73. Schedule 9.3 amended and validation 46
74. References to "Land Act 1933" changed 47
Schedule 1 -- Consequential
amendments to other Acts 48
Division 1 -- Amendments related to WALGA 48
Division 2 -- Salaries and Allowances Act 1975 56
Schedule 2 -- Transitional and
validation provisions -- WALGA 58
1. Interpretation 58
2. WALGA successor in law to bodies previously
constituted under section 9.58 58
3. Agreements and instruments 59
4. Validation 59
5. Interpretation Act 1984 not affected 59
page iii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Local Government Amendment Bill 2003
A Bill for
An Act to amend the Local Government Act 1995, to make
consequential amendments to various other Acts and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Local Government Amendment
Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Local Government Act 1995 amended
10 The amendments in this Act are to the Local Government
Act 1995*, unless otherwise indicated.
[* Reprinted as at 18 February 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 223 and
15 Acts Nos. 20, 21 and 28 of 2003.]
page 2
Local Government Amendment Bill 2003
Amendments about audits Part 2
s. 4
Part 2 -- Amendments about audits
4. Section 7.1 amended
Section 7.1 is amended by inserting after the definition of
"approved auditor" the following definition --
5 "
"audit committee" means an audit committee
established under section 7.1A;
".
5. Division 1A inserted in Part 7
10 After Part 7 Division 1 the following Division is inserted --
"
Division 1A -- Audit committee
7.1A. Audit committee
(1) A local government is to establish an audit committee
15 of 3 or more persons to exercise the powers and
discharge the duties conferred on it.
(2) The members of the audit committee of a local
government are to be appointed* by the local
government and at least 3 of the members, and the
20 majority of the members, are to be council members.
* Absolute majority required.
(3) A CEO is not to be a member of an audit committee
and may not nominate a person to be a member of an
audit committee or have a person to represent him or
25 her as a member of an audit committee.
(4) An employee is not to be a member of an audit
committee.
page 3
Local Government Amendment Bill 2003
Part 2 Amendments about audits
s. 6
7.1B. Delegation of some powers and duties to audit
committees
(1) Despite section 5.16, the only powers and duties that a
local government may delegate* to its audit committee
5 are any of its powers and duties under this Part other
than this power of delegation.
* Absolute majority required.
(2) A delegation to an audit committee is not subject to
section 5.17.
10 7.1C. Decisions of audit committees
Despite section 5.20, a decision of an audit committee
is to be made by a simple majority.
".
6. Section 7.3 amended
15 Section 7.3(1) is amended by inserting after "person" --
" , on the recommendation of the audit committee, ".
7. Section 7.9 amended
(1) Section 7.9(2) is amended as follows:
(a) by deleting "or" after paragraph (a);
20 (b) by deleting the comma after paragraph (b) and inserting
instead --
"
; or
(c) there is a matter arising from the examination
25 of the accounts and annual financial report that
needs to be addressed by the local government,
";
(c) by deleting "or misapplication" and inserting instead --
" , misapplication or matter, ".
page 4
Local Government Amendment Bill 2003
Amendments about audits Part 2
s. 8
(2) After section 7.9(3) the following subsection is inserted --
"
(4) If the Minister considers it appropriate to do so, the
Minister is to forward a copy of the report referred to in
5 subsection (3), or part of that report, to the CEO of the
local government to be dealt with under section 7.12A.
".
8. Section 7.12A inserted
Before section 7.13 the following section is inserted in Part 7
10 Division 4 --
"
7.12A. Duties of local government with respect to audits
(1) A local government is to do everything in its power
to --
15 (a) assist the auditor of the local government to
conduct an audit and carry out his or her other
duties under this Act in respect of the local
government; and
(b) ensure that audits are conducted successfully
20 and expeditiously.
(2) Without limiting the generality of subsection (1), a
local government is to meet with the auditor of the
local government at least once in every year.
(3) A local government is to examine the report of the
25 auditor prepared under section 7.9(1), and any report
prepared under section 7.9(3) forwarded to it, and is
to --
(a) determine if any matters raised by the report, or
reports, require action to be taken by the local
30 government; and
(b) ensure that appropriate action is taken in
respect of those matters.
page 5
Local Government Amendment Bill 2003
Part 2 Amendments about audits
s. 9
(4) A local government is to --
(a) prepare a report on any actions under
subsection (3) in respect of an audit conducted
in respect of a financial year; and
5 (b) forward a copy of that report to the Minister,
by the end of the next financial year, or 6 months after
the last report prepared under section 7.9 is received by
the local government, whichever is the latest in time.
".
10 9. Section 7.13 amended
Section 7.13 is amended as follows:
(a) by deleting "Regulations may make provision --" and
inserting instead --
"
15 (1) Regulations may make provision --
(aa) as to the functions of the CEO and the audit
committee in relation to audits carried out
under this Part and reports made on those
audits;
20 (ab) as to the functions of audit committees,
including the selection and recommendation of
an auditor;
(ac) as to the procedure to be followed in selecting
an auditor;
25 (ad) as to the contents of the annual report to be
prepared by an audit committee;
(ae) as to monitoring action taken in respect of any
matters raised in a report by an auditor;
";
page 6
Local Government Amendment Bill 2003
Amendments about audits Part 2
s. 9
(b) by inserting after paragraph (b) the following
paragraph --
"
(ba) as to the copies of agreements between local
5 governments and auditors being provided to the
Department;
".
(2) At the end of section 7.13 the following subsection is
inserted --
10 "
(2) Regulations may also make any provision about audit
committees that may be made under section 5.25 in
relation to committees.
".
page 7
Local Government Amendment Bill 2003
Part 3 Amendments about WALGA
s. 10
Part 3 -- Amendments about WALGA
10. Section 9.58 amended
(1) Section 9.58(1) is repealed and the following subsection is
inserted instead --
5 "
(1) The Western Australian Local Government Association
("WALGA") is constituted as a body corporate with
perpetual succession and a common seal.
".
10 (2) Section 9.58 is further amended as follows:
(a) in subsections (2), (4) and (6) by deleting "an
association" in each place where it occurs and inserting
instead --
" WALGA ".
15 (b) in subsections (3), (5) and (7) by deleting "An
association" in each place where it occurs and inserting
instead --
" WALGA ".
11. Section 1.4 amended
20 Section 1.4 is amended by deleting the definition of "WAMA"
and inserting the following definition instead --
"
"WALGA" means the Western Australian Local
Government Association constituted under
25 section 9.58;
".
page 8
Local Government Amendment Bill 2003
Amendments about WALGA Part 3
s. 12
12. "WAMA" replaced by "WALGA"
Each provision referred to in the Table to this section is
amended by deleting "WAMA" and inserting instead --
" WALGA ".
5 Table
s. 5.49(2), (4) and (6)
Sch. 2.5 cl. 2(b), 4(1), 11(2)(b)
Sch. 8.1 cl. 1(1)(b) and (c), (1a) and (3), 2(2)
13. Other Acts consequentially amended -- Schedule 1
Schedule 1 has effect.
14. Transitional and validation provisions -- Schedule 2
Schedule 2 has effect.
page 9
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 15
Part 4 -- Other amendments
15. Section 1.3 amended
After section 1.3(2) the following subsection is inserted --
"
5 (3) In carrying out its functions a local government is to
use its best endeavours to meet the needs of current and
future generations through an integration of
environmental protection, social advancement and
economic prosperity.
10 ".
16. Section 1.10 repealed and consequential amendments
(1) Section 1.4 is amended by deleting the definition of "75%
majority".
(2) Section 5.17(1)(a)(i) is amended by deleting "or a 75%
15 majority".
(3) Section 5.43(a) is amended by deleting "or a 75% majority".
(4) Each of the footnotes to the provisions referred to in the Table
to this subsection are amended by deleting "Special" and
inserting instead --
20 " Absolute ".
Table
s. 3.12(4) s. 4.61(2)
s. 4.20(4)
(5) Schedule 2.4 clause 6(3) is amended by deleting "or a special
majority".
page 10
Local Government Amendment Bill 2003
Other amendments Part 4
s. 17
17. Amendments about method of electing mayor or president
(1) Section 2.11(2) is amended by deleting "to the other method
mentioned in subsection (1)(a) or (b)" and inserting instead --
"
5 from the election by the council method to the election
by the electors method
".
(2) After section 2.11(3) the following subsection is inserted --
"
10 (4) The method of filling the office of mayor or president
used by a local government is changed from the
election by the electors method to the election by the
council method if the result of a poll declared under
section 2.12A(4) is that a majority of electors of the
15 district who voted at the poll voted in favour of the
change.
".
(3) Section 2.12(3) is repealed and the following subsection is
inserted instead --
20 "
(3) If the proposal is to change the method of filling the
office of mayor or president from the election by the
council method to the election by the electors method,
consideration is to be given to the proposal by such
25 means as the council thinks fit after which a motion to
change the method of filling the office of mayor or
president is to be put to the council for decision under
section 2.11(2).
".
page 11
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 17
(4) After section 2.12 the following section is inserted --
"
2.12A. Procedure to change method to election by council
(1) If --
5 (a) electors of the district, acting under
section 2.12(1), propose; or
(b) the council, by motion passed by it, proposes,
to change the method of filling the office of mayor or
president of the local government from the election by
10 the electors method to the election by the council
method, the local government is to --
(c) give local public notice of the proposal stating
that submissions about the proposal may be
made to the local government before a day to
15 be specified in the notice, being a day that is
not less than 6 weeks after the notice is given;
and
(d) consider or reconsider the proposal in view of
any submissions received.
20 (2) Subject to section 2.13(3), if the local government
decides to proceed with the proposal, there is to be a
poll of the electors of the district on the proposal
and --
(a) the Advisory Board is to --
25 (i) determine the question to be voted on
by the electors of the district; and
(ii) prepare a summary of the case for each
way of voting on the question;
(b) the Electoral Commissioner is to --
30 (i) make the summary available to the
electors before the poll is conducted;
page 12
Local Government Amendment Bill 2003
Other amendments Part 4
s. 17
(ii) be responsible for the conduct of the
poll; and
(iii) appoint a person to be the returning
officer of the local government for the
5 poll;
and
(c) the local government is to meet the expenses of
the Electoral Commissioner in connection with
the poll to the extent required by regulations.
10 (3) The returning officer is to conduct the poll for and
under the direction of the Electoral Commissioner.
(4) As soon as is practicable after the result of the poll is
known the returning officer is to declare and give
notice of the result in accordance with regulations.
15 (5) A poll referred to in this section is not to be held more
than once in every 4 years in a district, even if a
proposal has been made by the electors under
section 2.12.
".
20 (5) Section 2.13(1) is amended by deleting "decision under
section 2.11(2) to change" in the second place where it occurs
and inserting instead --
" change under section 2.11(4) ".
(6) Section 2.13(2) is amended by deleting "A decision under
25 section 2.11(2) to change" and inserting instead --
" A change under section 2.11(4) ".
(7) Section 2.13(3) is amended by inserting after "during" --
"
, and a decision under section 2.12A(2) has no effect
30 unless a poll resulting from it is held before,
".
page 13
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 18
18. Section 2.15 amended
Section 2.15 is amended by deleting "from amongst the
councillors".
19. Section 2.25 amended
5 (1) Section 2.25(3) is amended by inserting after "leave" --
"
, or refusal to grant the leave and reasons for that
refusal,
".
10 (2) Section 2.25(4) is amended by inserting before "is
disqualified" --
"
, or throughout all ordinary meetings of the council for a
period of 2 months,
15 ".
20. Section 2.27 amended, consequential amendment and
transitional provision
(1) Section 2.27(4)(a) is amended by deleting "28" and inserting
instead --
20 " 14 ".
(2) Section 2.27(5) is amended by deleting "28" and inserting
instead --
" 14 ".
(3) Section 2.27(6) is amended by deleting from paragraph (b) to
25 the end of the subsection and inserting instead --
"
(b) applies to a court of summary jurisdiction
asking for a declaration as to whether or not the
page 14
Local Government Amendment Bill 2003
Other amendments Part 4
s. 21
member is disqualified and gives a copy of the
application to the CEO,
or if, within that time, the member advises the CEO in
writing that the member accepts that he or she is
5 disqualified, then the member is disqualified and the
CEO is to give the member written notice to that effect
without delay.
".
(4) Section 2.27(7) is amended by deleting "A person other than the
10 CEO" and inserting instead --
" Notwithstanding subsection (6), any person ".
(5) Section 2.32(d) is amended by inserting after "disqualified," --
" is disqualified under section 2.27(6), ".
(6) Section 2.27 of the Local Government Act 1995 as in force
15 immediately before the commencement of this section applies to
and in respect of a member given notice under section 2.27(3)
of that Act before that commencement, with respect to that
notice.
21. Section 2.37 amended
20 Section 2.37(6) is amended by deleting "one year" and inserting
instead --
" 2 years ".
22. Section 2.37A amended
Section 2.37A(3) is amended by deleting "one year" and
25 inserting instead --
" 2 years ".
page 15
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 23
23. Section 3.12 amended
(1) Section 3.12(2) is amended by deleting "read aloud, or cause to
be read aloud, a summary of the purpose and effect of the
proposed local law." and inserting instead --
5 "
give notice to the meeting of the purpose and effect of
the proposed local law in the prescribed manner.
".
(2) Section 3.12(6) is amended by deleting "Statewide" and
10 inserting instead --
" local ".
(3) After section 3.12(7) the following subsection is inserted --
"
(8) In this section --
15 "making" in relation to a local law, includes making a
local law to amend the text of, or repeal, a local
law.
".
24. Section 3.16 amended
20 (1) Section 3.16(2)(c) is amended by deleting "12" and inserting
instead --
" 6 ".
(2) Section 3.16(5) is repealed.
25. Section 3.40A inserted and consequential amendments
25 (1) After section 3.40 the following section is inserted --
"
3.40A. Abandoned vehicle wreck may be taken
(1) An employee authorised by a local government for the
purpose may remove and impound a vehicle that, in the
page 16
Local Government Amendment Bill 2003
Other amendments Part 4
s. 25
opinion of the local government, is an abandoned
vehicle wreck.
(2) If, within 7 days after a vehicle is removed under
subsection (1), the owner of the vehicle is identified,
5 the local government is to give notice to that person
advising that the vehicle may be collected from a place
specified during such hours as are specified in the
notice.
(3) A notice is to include a short statement of the effect of
10 subsection (4)(b) and the effect of the relevant
provisions of sections 3.46 and 3.47.
(4) If --
(a) after 7 days from the removal of a vehicle
under subsection (1), the owner of the vehicle
15 has not been identified; or
(b) after 7 days from being given notice under
subsection (2), the owner of the vehicle has not
collected the vehicle,
the local government may declare that the vehicle is an
20 abandoned vehicle wreck.
(5) In this section --
"abandoned vehicle wreck" means a vehicle --
(a) that is not operational;
(b) the owner of which has not been identified
25 by the local government after using all
reasonable avenues to do so; and
(c) that has a value that is less than the
prescribed value calculated in the prescribed
manner.
30 ".
page 17
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 26
(2) Section 3.46(1) is amended by inserting after "3.39" --
" or 3.40A ".
(3) Section 3.46(2) is amended by inserting after "3.40" --
" or 3.40A ".
5 (4) Section 3.47(2) is amended by deleting "within 2 months of a
notice having been given under section 3.40(3)." and inserting
instead --
"
within --
10 (a) 2 months of a notice having been given under
section 3.40(3); or
(b) 7 days of a declaration being made under
section 3.40A(4) that the vehicle is an
abandoned vehicle wreck.
15 ".
26. Section 3.50 amended
(1) Section 3.50(1) is amended as follows:
(a) by deleting ", by local public notice, order that a
thoroughfare that it manages is" and inserting instead --
20 "
close any thoroughfare that it manages to the passage
of vehicles,
";
(b) by deleting "closed to the passage of vehicles" and
25 inserting instead --
" , for a period not exceeding 4 weeks ".
(2) After section 3.50(1) the following subsection is inserted --
"
(1a) A local government may, by local public notice, order
30 that a thoroughfare that it manages is wholly or
page 18
Local Government Amendment Bill 2003
Other amendments Part 4
s. 27
partially closed to the passage of vehicles for a period
exceeding 4 weeks.
".
(3) Section 3.50(3) is repealed.
5 (4) Section 3.50(7) is repealed.
(5) Section 3.50(8) is amended by deleting "(7)" and inserting
instead --
" (1) ".
27. Section 3.58 amended
10 Section 3.58(3)(a) is amended by deleting "Statewide" and
inserting instead --
" local ".
28. Section 3.64 amended
Section 3.64(e) is amended by inserting after "council" --
15 "
and the term of office of a chairman and deputy
chairman, which is not to exceed 2 years
".
29. Section 3.66 amended
20 Section 3.66(3)(a) is amended by deleting "and 2.29" and
inserting instead --
" , 2.26, 2.29 and 2.32(e) ".
page 19
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 30
30. Sections 4.1A and 4.1B inserted and savings provision
(1) After section 4.1 the following sections are inserted in Part 4
Division 1 --
"
5 4.1A. Conflict with Commonwealth or State election or
referendum
(1) On a day fixed as polling day for a district or region
under the Electoral Act 1907, no election, referendum
or other poll is to be held under this Act in, or in any
10 part of, that district or region.
(2) On a day fixed for the holding of a referendum, as
defined in the Electoral Act 1907, no election,
referendum or other poll is to be held under this Act.
(3) On a day appointed under the Commonwealth Electoral
15 Act 1918 as polling day for an election of Senators for
the State, no election, referendum or other poll is to be
held under this Act.
(4) On a day appointed as polling day for an election of the
House of Representatives for an Electoral Division in
20 the State under the Commonwealth Electoral Act 1918,
no election, referendum or other poll is to be held
under this Act in, or in any part of, that Electoral
Division.
(5) On a day fixed as voting day in the State, or an
25 Electoral Division in the State under the Referendum
(Machinery Provisions) Act 1984 of the
Commonwealth, no election, referendum or other poll
is to be held under this Act in the State, or in any part
of that Electoral Division, as is relevant.
30 (6) In this section --
"Electoral Division" has the same meaning as it has in
the Commonwealth Electoral Act 1918.
page 20
Local Government Amendment Bill 2003
Other amendments Part 4
s. 31
4.1B. Polling day may be changed where conflict with
Commonwealth or State election or referendum
(1) Despite anything else in this Act and subject to
subsection (2), where a poll cannot be held on the day
5 fixed under this Act due to section 4.1A, the Governor
may, before the day fixed for the poll, by order under
section 9.62 fix a later day for the holding of the poll.
(2) The time for the holding of a poll is not to be extended
under this section by more than 14 days later than the
10 time originally fixed.
".
(2) Despite subsection (1), if the day for an election, referendum or
other poll was fixed under the Local Government Act 1995
before the commencement of this section, sections 4.1A and
15 4.1B of that Act as inserted by subsection (1) do not apply in
respect of that election, referendum or other poll.
31. Section 4.17 amended
(1) After section 4.17(2) the following subsections are inserted --
"
20 (3) If a councillor's office becomes vacant under
section 2.32 --
(a) in a district that has no wards; and
(b) at least 80% of the number of offices of
member of the council in the district are still
25 filled,
the council may, with the approval of the Electoral
Commissioner, allow* the vacancy to remain unfilled
and, subject to subsection (4), in that case, the term of
the member who held the office is to be regarded in
30 section 4.6 as ending on the day on which it would
have ended if the vacancy had not occurred.
*Absolute majority required.
page 21
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 32
(4) If an ordinary or an extraordinary election is to be held
in a district then an election to fill any vacancy in the
office of councillor in that district that was allowed to
remain unfilled under subsection (3) is to be held on
5 the same election day and Division 9 applies to those
elections as if they were one election to fill all the
offices of councillor for the district or ward that need to
be filled.
".
10 32. Section 4.20 amended and consequential amendment
(1) Section 4.20(2) is amended by deleting "for an election." and
inserting instead --
"
for --
15 (a) an election; or
(b) all elections held while the appointment of the
person subsists.
".
(2) Section 4.20(3) is amended by deleting "(2) has no effect if it is
20 made after the 80th day before election day." and inserting
instead --
"
(2) --
(a) is to specify the term of the person's
25 appointment; and
(b) has no effect if it is made after the 80th day
before an election day.
".
page 22
Local Government Amendment Bill 2003
Other amendments Part 4
s. 33
(3) Section 4.20(4) is amended as follows:
(a) by inserting after "election" in the first place where it
occurs --
"
5 , or all elections conducted within a particular period of
time,
";
(b) by inserting after "election" in the second place where it
occurs --
10 " or elections ".
(4) Section 4.20(5) is amended by inserting after "day" in the
second place where it occurs --
"
unless a declaration has already been made in respect
15 of an election for the local government and the
declaration is in respect of an additional election for the
same local government
".
(5) Section 4.61(3) is amended by inserting after "day" in the
20 second place where it occurs --
"
unless a declaration has already been made in respect
of an election for the local government and the
declaration is in respect of an additional election for the
25 same local government
".
33. Section 4.32 amended
Section 4.32(3) is amended by inserting after "months" --
"
30 and, if so prescribed, is liable to pay rent in respect of
that occupation of at least the prescribed amount
".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 34
34. Section 4.33 amended
Section 4.33(2) is amended by deleting "accepted." and
inserting instead --
"
5 accepted or, if the council of the local government is
suspended, the day the third ordinary election of the
local government would have been held but for the
suspension.
".
10 35. Section 4.35 amended
Section 4.35(6) is amended by deleting "(1)" and inserting
instead --
" (2) ".
36. Section 4.37 amended
15 Section 4.37(3)(a) is amended by deleting "50" and inserting
instead --
" 100 ".
37. Section 4.43 amended
Section 4.43(4) is amended by deleting "and the certification of
20 corrections" and inserting instead --
"
, the certification of corrections and procedures to be
followed in altering or correcting the rolls
".
page 24
Local Government Amendment Bill 2003
Other amendments Part 4
s. 38
38. Section 4.48 amended
(1) Section 4.48(1) is amended by deleting "as at the close of
enrolments" and inserting instead --
"
5 who, as at the close of enrolments, was qualified under
section 2.19 to be elected as a member of the council
".
(2) Section 4.48(1)(c) is amended by deleting "the council other
than an office the term of which will end on election day." and
10 inserting instead --
"
a council other than an office the term of which will
end on, or before, election day.
".
15 (3) Section 4.48(2) is amended by inserting after "council" the
following --
"
and is not the holder of an office of member of a
council other than an office the term of which will end
20 on, or before, election day
".
39. Section 4.49 amended
Section 4.49(a) is amended by deleting "30th" and inserting
instead --
25 " 37th ".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 40
40. Section 4.51 amended
Section 4.51(1) is amended after paragraph (b) by deleting "or"
and inserting --
"
5 (ba) as at the close of enrolments, the candidate was
not qualified to be elected as a member of a
council due to section 2.19(2); or
".
41. Section 4.87 amended
10 Section 4.87(1) is amended as follows:
(a) in paragraph (a) by deleting "the name" and inserting
instead --
" in the case of all electoral material, the name ";
(b) after paragraph (a) by deleting "or" and inserting
15 instead --
" and ".
42. Amendments about principal activities
(1) The description printed in italics at the beginning of Part 5 is
amended in paragraph (c) by deleting "for principal activities".
20 (2) The heading to Part 5 Division 5 is amended by deleting
"principal activities".
(3) Section 5.52 is repealed.
(4) Section 5.53(2)(c) and (d) are deleted.
(5) Section 5.53(2)(e) is amended by deleting "the principal
25 activities" and inserting instead --
"
the plan for the future of the district made in
accordance with section 5.56, including major
initiatives
30 ".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 43
(6) Sections 5.56, 5.57 and 5.58 are repealed and the following
section is inserted instead --
"
5.56. Planning for the future
5 (1) A local government is to plan for the future of the
district.
(2) A local government is to ensure that plans made under
subsection (1) are in accordance with any regulations
made about planning for the future of the district.
10 ".
(7) Section 5.94(f) is deleted and the following paragraph is
inserted instead --
"
(f) plan for the future of the district made in
15 accordance with section 5.56;
".
(8) Section 6.2(2) is amended by deleting "for principal activities
accepted by a local government under section 5.58" and
inserting instead --
20 "
for the future of the district made in accordance with
section 5.56
".
43. Section 5.21 amended
25 (1) Section 5.21(3) is amended by deleting "may cast a second
vote." and inserting instead --
" is to cast a second vote. ".
(2) After section 5.21(4) the following subsection is inserted --
"
30 (5) A person who fails to comply with subsection (2) or (3)
commits an offence.
".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 44
44. Section 5.36 amended
(1) Section 5.36(2)(b) is amended by deleting "satisfied with the
provisions of the proposed employment contract." and inserting
instead --
5 "
satisfied* with the provisions of the proposed
employment contract.
* Absolute majority required.
".
10 (2) Section 5.36(4) is repealed and the following subsections are
inserted instead --
"
(4) If the position of CEO of a local government becomes
vacant, it is to be advertised by the local government in
15 the manner prescribed, and the advertisement is to
contain such information with respect to the position as
is prescribed.
(5) For the avoidance of doubt, subsection (4) does not
impose a requirement to advertise a position before the
20 renewal of a contract referred to in section 5.39.
".
45. Section 5.37 amended
Section 5.37(3) is repealed and the following subsections are
inserted instead --
25 "
(3) If the position of a senior employee of a local
government becomes vacant, it is to be advertised by
the local government in the manner prescribed, and the
advertisement is to contain such information with
30 respect to the position as is prescribed.
(4) For the avoidance of doubt, subsection (3) does not
impose a requirement to advertise a position where a
contract referred to in section 5.39 is renewed.
".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 46
46. Section 5.39 amended and consequential amendment
(1) Section 5.39(1) is amended by deleting "The" and inserting
instead --
" Subject to subsection (1a), the ".
5 (2) After subsection 5.39(1) the following subsection is inserted --
"
(1a) Despite subsection (1) --
(a) an employee may act in the position of a CEO
or a senior employee for a term not exceeding
10 one year without a written contract for the
position in which he or she is acting; and
(b) a person may be employed by a local
government as a senior employee for a term not
exceeding 3 months, during any 2 year period,
15 without a written contract.
".
(3) After section 5.39(6) the following subsection is inserted --
"
(7) A report made by the Salaries and Allowances
20 Tribunal, under section 7A of the Salaries and
Allowances Act 1975, containing recommendations as
to the remuneration to be paid or provided to a CEO is
to be taken into account by the local government before
entering into, or renewing, a contract of employment
25 with a CEO.
".
(4) Section 5.37(2) is amended by inserting after "employee" --
"
, other than a senior employee referred to in
30 section 5.39(1a),
".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 47
47. Section 5.43 amended
(1) Section 5.43(e) is amended by inserting after "5.98" --
" , 5.98A ".
(2) Section 5.43(e) is amended by inserting after "5.99" --
5 " , 5.99A ".
48. Section 5.47 amended
Section 5.47(2)(a) is amended by inserting after "scheme" --
" or schemes ".
49. Section 5.54 amended
10 Section 5.54(1) is amended by deleting "accepted by the local
government no later than 31 December after that financial
year." and inserting instead --
"
accepted* by the local government no later than
15 31 December after that financial year.
* Absolute majority required.
".
50. Section 5.60A amended
Section 5.60A is amended by inserting after "government" --
20 "
, or an employee or committee of the local government
or member of the council of the local government,
".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 51
51. Section 5.62 amended
(1) After section 5.62(1)(c) the following paragraph is inserted --
"
(ca) the person belongs to a class of persons that is
5 prescribed;
".
(2) Section 5.62(1)(d)(ii) is amended by deleting "nominal" in both
places where it occurs.
(3) Section 5.62(2) is amended as follows:
10 (a) by deleting "(ea)";
(b) by deleting the full stop at the end of the subsection and
inserting --
"
;
15 "value", in relation to shares, means the value of the
shares calculated in the prescribed manner or using
the prescribed method.
".
52. Section 5.63 amended
20 Section 5.63(1) is amended as follows:
(a) in paragraph (c) by inserting after "5.98," --
" 5.98A, ";
(b) in paragraph (c) by inserting after "5.99," --
" 5.99A, ";
25 (c) by deleting paragraph (e);
(d) in paragraph (g) by deleting "a written law" and
inserting instead --
" this Act or any other written law ".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 53
53. Section 5.69 amended
(1) Section 5.69(1) is amended by inserting after "meeting" --
" , and any subsequent meeting, ".
(2) Section 5.69(3) is amended by inserting after "meeting" --
5 " , and at any subsequent meeting, ".
54. Section 5.95 amended
(1) Section 5.95(5)(b) is deleted and the following paragraph is
inserted instead --
"
10 (b) the information is prescribed as being of a
private nature.
".
(2) After section 5.95(5) the following subsections are inserted --
"
15 (6) Subject to subsection (7), a person's right to inspect
information referred to in section 5.94 does not extend
to the inspection of information --
(a) referred to in a paragraph of that section that is
prescribed as being confidential information for
20 the purposes of this subsection; or
(b) referred to in that section of a type prescribed
as confidential for the purposes of this
subsection,
for the period of time prescribed in relation to the
25 information.
(7) Subsection (6) does not apply in respect of information
in relation to a local government if --
(a) the information is prescribed as information
that is confidential but that may be available for
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 55
inspection if the local government so resolves;
and
(b) the local government has resolved that the
information is to be available for inspection.
5 (8) A person's right to inspect information referred to in
section 5.94 does not extend to the inspection of
information referred to in paragraph (m) of that section
if the information is information that has been omitted
by regulations made under section 4.38 from the
10 electoral roll for the protection of an elector or his or
her family.
".
55. Section 5.103 amended
Section 5.103(3) is amended as follows:
15 (a) by inserting after "prescribe" --
" codes of conduct or ";
(b) by inserting after "government" --
" under subsection (1) ".
56. Section 6.2 amended
20 Section 6.2(1) is amended as follows:
(a) by deleting "Not later than 31 August in each" and
inserting instead --
"
During the period from 1 June in a financial year to
25 31 August in the next
";
(b) by deleting "next following 30 June" and inserting
instead --
" 30 June next following that 31 August ".
page 33
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 57
57. Section 6.9 amended
Section 6.9(4) is amended by deleting "is to" and inserting
instead --
" may ".
5 58. Section 6.14 amended
Section 6.14(1) is amended by deleting from "invested" to the
end of the subsection and inserting instead --
"
invested in accordance with Part III of the Trustees
10 Act 1962.
".
59. Section 6.21 amended
Section 6.21(1) is repealed and the following subsections are
inserted instead --
15 "
(1) Where, under section 6.20(1), a regional local
government borrows money, obtains credit or arranges
for financial accommodation to be extended to the
regional local government that money, credit or
20 financial accommodation is to be secured only --
(a) by the regional local government giving
security over the financial contributions of the
participants to the regional local government's
funds as set out or provided for in the
25 establishment agreement for the regional local
government;
(b) by the regional local government giving
security over Government grants which were
not given to the regional local government for a
30 specific purpose; or
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 60
(c) by a participant giving security over its general
funds to the extent agreed by the participant.
(1a) Despite subsection (1)(a) and (c), security cannot be
given over --
5 (a) the financial contributions of a particular
participant to the regional local government's
funds; or
(b) the general funds of a particular participant,
if the participant is not a party to the activity or
10 transaction for which the money is to be borrowed by,
the credit is to be obtained for, or the financial
accommodation is to be extended to, the regional local
government.
".
15 60. Section 6.23 amended
(1) Section 6.23(2) is amended by deleting "this section" and
inserting instead --
" subsection (1) ".
(2) After section 6.23(2) the following subsection is inserted --
20 "
(3) In relation to a regional local government a receiver is
entitled to receive whichever of the following over
which security has been given in a particular case --
(a) the financial contributions of the participants to
25 the regional local government's funds as set out
or provided for in the establishment agreement
for the regional local government;
(b) Government grants which were not given to the
regional local government for a specific
30 purpose;
(c) the general funds of a participant to the extent
that those funds secure either money borrowed
page 35
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 61
by, credit obtained for, or financial
accommodation extended to, the regional local
government.
".
5 61. Section 6.35 amended
(1) Section 6.35(3) is amended by deleting "than 50% of the
number of separately rated properties in the district on" and
inserting instead --
"
10 than --
(a) 50% of the total number of separately rated
properties in the district; or
(b) 50% of the number of properties in each
category referred to in subsection (6),
15 on
".
(2) Section 6.35(4) is amended by deleting "of the number of
separately rated properties in the district unless" and inserting
instead --
20 "
of --
(a) the number of separately rated properties in the
district; or
(b) the number of properties in each category
25 referred to in subsection (6),
unless
".
(3) Section 6.35(6) is amended as follows:
(a) by deleting "may" and inserting instead --
30 " is to ";
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 62
(b) by inserting after "(4)" --
" in respect of each of the following categories ".
62. Section 6.51 amended
Section 6.51(1) is repealed and the following subsection is
5 inserted instead --
"
(1) A local government may at the time of imposing a rate
or service charge resolve* to impose interest (at the
rate set in its annual budget) on --
10 (a) a rate or service charge (or any instalment of a
rate or service charge); and
(b) any costs of proceedings to recover any such
charge,
that remains unpaid after becoming due and payable.
15 * Absolute majority required.
".
63. Section 6.62 amended
Section 6.62 is amended by deleting "towards the rates or
services charges due on the land in the order in which they
20 become due." and inserting instead --
"
towards --
(a) the rates or services charges due on the land in
the order in which they become due; and
25 (b) any outstanding costs of proceedings for the
recovery of any such rates or charges.
".
page 37
Local Government Amendment Bill 2003
Part 4 Other amendments
s. 64
64. Section 6.74 amended and consequential amendment
(1) Section 6.74(4) is amended by deleting "applies, as if it were a
transfer or conveyance, as the case may be, expressed to be in
exercise of the power of sale." and inserting instead --
5 "
clause 8 has effect in relation to the exercise of the
power referred to in subsection (1).
".
(2) Schedule 6.3 clause 8(1) is amended by inserting after
10 "section 6.71" --
" , or by the Minister under section 6.74(3), ".
(3) Schedule 6.3 clause 8(6) is amended by inserting after
"section 6.71" --
" , 6.74 ".
15 65. Section 9.11 amended
(1) Section 9.11(1) is amended by deleting "and place of residence"
and inserting instead --
" , place of residence and date of birth ".
(2) Section 9.11(2)(a) is amended by deleting "and address" and
20 inserting instead --
" , place of residence and date of birth ".
(3) Section 9.11(4) is amended by deleting "and place of residence"
and inserting instead --
" , place of residence and date of birth ".
25 66. Section 9.59 amended
Section 9.59(2)(a) is amended by inserting before
"functions" --
" selection, employment and ".
page 38
Local Government Amendment Bill 2003
Other amendments Part 4
s. 67
67. Schedule 2.1 amended and savings provision
(1) The amendments in this section are to Schedule 2.1.
(2) Clause 2(2)(a) is amended by deleting "proposal and" and
inserting instead --
5 " proposal, the reasons for making the proposal and ".
(3) Clause 3(2) is amended by deleting "or" after paragraph (a) and
inserting instead --
"
(aa) where the proposal was made by affected electors
10 under clause 2(1)(d), that the majority of those
electors no longer support the proposal; or
".
(4) Clause 9 is amended as follows:
(a) by inserting before "Where" the subclause designation
15 "(1)";
(b) by deleting paragraph (b)(ii) and inserting the following
subparagraph instead --
"
(ii) subject to subclause (2), declare* the
20 Electoral Commissioner, or a person
approved by the Electoral Commissioner, to
be responsible for the conduct of the poll
under Part 4, and return the results to the
Minister.
25 * Absolute majority required.
".
(5) At the end of clause 9 the following subclause is inserted --
"
(2) Before making a declaration under subclause (1)(b)(ii), the
30 local government is to obtain the written agreement of the
Electoral Commissioner.
".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 68
(6) Schedule 2.1 of the Local Government Act 1995 as in force
immediately before the commencement of this section applies to
and in respect of any proposal made under clause 2 of that
Schedule before that commencement.
5 68. Schedule 2.2 amended
(1) The amendments in this section are to Schedule 2.2.
(2) Clause 4(2) is amended as follows:
(a) by deleting "reject the submission" and inserting
instead --
10 "
propose* to the Advisory Board that the submission be
rejected
";
(b) by inserting at the end of the subclause --
15 " * Absolute majority required. ".
(3) Clause 4(3) is repealed and the following subclause is inserted
instead --
"
(3) If, in the council's opinion --
20 (a) a submission is substantially similar in effect to a
submission about which the local government has
made a decision (whether an approval or otherwise)
within the period of 2 years immediately before the
submission is made; or
25 (b) the majority of effected electors who made the
submission no longer support the submission,
the local government may reject the submission.
".
(4) Clause 4(4) is amended by inserting after "rejects" --
30 " , or proposes to reject, ".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 69
(5) Clause 6 is amended by inserting before "A" the subclause
designation "(1)".
(6) At the end of clause 6 the following subclauses are inserted --
"
5 (2) A local government the district of which is not divided into
wards may carry out reviews as to --
(a) whether or not the district should be divided into
wards; and
(b) if so --
10 (i) what the ward boundaries should be; and
(ii) the number of offices of councillor there
should be for each ward,
from time to time so that not more than 8 years elapse
between successive reviews.
15 (3) A local government is to carry out a review described in
subclause (1) or (2) at any time if the Advisory Board
requires the local government in writing to do so.
".
(7) Clause 8 is amended by deleting "its council" and inserting
20 instead --
"
or proposes under clause 4(2) that a submission be rejected,
its council
".
25 (8) Clause 10(3) is amended by inserting after "clause 8" --
" , or that a submission under clause 4(2) be rejected, ".
69. Schedule 2.3 amended
(1) The amendments in this section are to Schedule 2.3.
(2) Clause 4(2) is amended by inserting after "CEO" --
30 " in accordance with the procedure prescribed ".
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 69
(3) Clause 4(3) is amended by inserting after "writing" --
"
before the meeting or during the meeting before the close of
nominations
5 ".
(4) After clause 4(3) the following subclause is inserted --
"
(3a) Nominations close at the meeting at a time announced by
the CEO, which is to be a sufficient time after the
10 announcement by the CEO that nominations are about to
close to allow for any nominations made to be dealt with.
".
(5) After clause 4(6) the following subclause is inserted --
"
15 (7) As soon as is practicable after the result of the election is
known, the CEO is to declare and give notice of the result in
accordance with regulations, if any.
".
(6) Clause 8(2) is amended by inserting after "conducted" --
20 " in accordance with the procedure prescribed ".
(7) Clause 8(3) is amended by inserting after "writing" --
"
before the meeting or during the meeting before the close of
nominations
25 ".
(8) After clause 8(3) the following subclause is inserted --
"
(3a) Nominations close at the meeting at a time announced by
the person conducting the election, which is to be a
30 sufficient time after the announcement by that person that
nominations are about to close to allow for any nominations
made to be dealt with.
".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 69
(9) After clause 8(6) the following subclause is inserted --
"
(7) As soon as is practicable after the result of the election is
known, the person conducting the election is to declare and
5 give notice of the result in accordance with regulations, if
any.
".
(10) Clause 9(1) is amended by deleting "subclause (2)" and
inserting instead --
10 " clause 8(5) ".
(11) After clause 9 the following Division is inserted --
"
Division 3 -- Validity of elections
10. Definition of "election"
15 In this Division --
"election" means an election under this Schedule.
11. Complaints about the validity of an election
(1) A councillor who is dissatisfied with the result of an election
or with the way in which an election was conducted may
20 make an invalidity complaint.
(2) An "invalidity complaint" is a complaint that an election is
invalid, or that another person should be declared elected.
12. Complaints to go to a Court of Disputed Returns
(1) An invalidity complaint is to be made to a Court of Disputed
25 Returns, constituted by a magistrate, but can only be made
within 28 days after notice is given of the result of the
election.
(2) Regulations made under section 4.81(2) apply in respect of
an invalidity complaint made under this Division in so far as
30 they are capable of being so applied.
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 69
(3) If the court declares the election to have been invalid --
(a) the election is null and void;
(b) any office filled at the election is vacant;
(c) the court is to fix a day for holding any poll needed
5 for a fresh election; and
(d) the CEO is to prepare for, conduct and ascertain and
declare the result of the fresh election.
(4) If the court declares that a person ("candidate A") ought to
have been elected to an office in place of another person
10 ("candidate B") --
(a) candidate B is not to act in that office;
(b) candidate A is to be regarded as having been
elected; and
(c) notice of candidate A's election is to be published
15 in accordance with regulations.
13. No appeal
There is no appeal from a decision of a Court of Disputed
Returns.
14. Certain defects do not affect an election
20 An election is not invalid because of --
(a) a failure to do something in connection with the
election within the time, or for the period or before
the date allowed or required under this Act, so long
as the failure does not affect the result of the
25 election; or
(b) a formal omission, irregularity or defect in a
document, declaration, publication or other thing
that a person has made, issued or done in good faith.
15. Regulations about retention and availability of electoral
30 papers
Regulations made under section 4.84 apply in respect of
elections in so far as they are capable of being so applied.
".
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 70
70. Schedule 2.4 amended
(1) The amendments in this section are to Schedule 2.4.
(2) Clause 1(2) is amended by inserting after "government" --
"
5 or a member or former member of a council of a local
government from being a commissioner of a local
government
".
71. Schedule 2.5 amended
10 (1) The amendments in this section are to Schedule 2.5.
(2) Clauses 2(c), 4(2) and 11(2)(c) are amended by deleting
"Institute of Municipal Management WA Division Inc." in each
place where it occurs and inserting instead --
" Local Government Managers Australia WA Division ".
15 (3) Clause 7(7) is amended by deleting "or an employee" and
inserting instead --
" , employee or elector ".
72. Schedule 3.1 amended
(1) The amendments in this section are to Schedule 3.1.
20 (2) Division 1 is amended by inserting after item 10 the following
items --
"
11. Remove bees that are likely to endanger the safety of any
person or create a serious public nuisance.
25 12. Ensure that an unsightly, dilapidated or dangerous fence or
gate that separates the land from land that is local
government property is modified or repaired.
13. Take specific measures to prevent --
(a) artificial light being emitted from the land; or
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Local Government Amendment Bill 2003
Part 4 Other amendments
s. 73
(b) natural or artificial light being reflected from
something on the land,
creating a nuisance.
14. (1) Remove or make safe anything that is obstructing or
5 otherwise prejudicially affecting a private thoroughfare so
that danger to anyone using the thoroughfare is prevented or
minimised.
(2) In this item --
"private thoroughfare" has the same meaning as in
10 Schedule 9.1 clause 7(1).
".
73. Schedule 9.3 amended and validation
(1) The amendments in this section are to Schedule 9.3.
(2) After clause 33(4) the following subclauses are inserted --
15 "
(4a) An order made under section 190(8) of the former
provisions continues to have effect in respect of the
application to the relevant area of --
(a) by-laws which applied to the area under the order
20 immediately before the commencement day; and
(b) local laws amending those by-laws.
(4b) An order made under section 190(8) of the former
provisions may be revoked under section 3.6(3) as if it was
an approval given under section 3.6(1).
25 ".
(3) The amendment effected by subsection (2) is to be taken to have
come into operation on the day on which the Local Government
Act 1995 came into operation and any laws referred to in --
(a) subclause (4a)(a) of that amendment are to be taken to
30 have applied from that day; and
(b) subclause (4a)(b) of that amendment are to be taken to
have applied from the day on which the local law
commenced.
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Local Government Amendment Bill 2003
Other amendments Part 4
s. 74
74. References to "Land Act 1933" changed
(1) Section 9.48(2) is amended in the definition of "official plan" in
paragraph (b) by inserting after "Part" --
" IIIB or ".
5 (2) Section 9.69(1) is amended as follows:
(a) by deleting the definition of "authorized land officer"
and inserting the following definition instead --
"
"authorised land officer" has the same meaning as in
10 the Land Administration Act 1997;
";
(b) in the definition of "Department" by deleting "Land
Act 1933" and inserting instead --
" Transfer of Land Act 1893 ".
15 (3) Section 9.69(3) is amended by deleting "Land Act 1933" and
inserting instead --
" Transfer of Land Act 1893 ".
(4) Each provision referred to in the Table to this subsection is
amended by deleting "Land Act 1933" and inserting instead --
20 " Land Administration Act 1997 ".
Table
s. 3.54(1) and (2) s. 9.48(2)
s. 9.41(2)
page 47
Local Government Amendment Bill 2003
Schedule 1 Consequential amendments to other Acts
Schedule 1 -- Consequential amendments to other Acts
[s. 13]
Division 1 -- Amendments related to WALGA
Act Amendment
Caravan Parks and Section 25(2)(a)(i) is amended by deleting
Camping Grounds "Municipal" and inserting instead --
Act 1995
" Local Government ".
Control of Vehicles Section 21(1)(b) and (c) are deleted and the
(Off-road Areas) following paragraph is inserted instead --
Act 1978 "
(b) 2 shall be persons
selected from a panel
of names submitted to
the Minister by the
body known as the
Western Australian
Local Government
Association;
".
Country Housing Section 5(1)(b) is amended by deleting "Municipal"
Act 1998 and inserting instead --
" Local Government ".
Section 5(1)(b) and (2) are amended by deleting
"WAMA" and inserting instead --
" WALGA ".
Fluoridation of Section 5(3)(c) is amended by deleting "Local
Public Water Government Association of Western Australia" and
Supplies Act 1966 inserting instead --
"
Western Australian Local
Government Association
".
page 48
Local Government Amendment Bill 2003
Consequential amendments to other Acts Schedule 1
Act Amendment
ibrary Board of Section 5(3)(b) is amended by deleting
Western Australia "subsection (4)" and inserting instead --
Act 1951 " subsections (4) and (4a) ".
Section 5(4) is repealed and the following
subsections are inserted instead --
"
(4) A panel of the names of
3 persons, each of whom is
resident in Western Australia,
is to be submitted to the
Minister under each of the
following paragraphs by the
body referred to in that
paragraph and the Minister
shall select one of the
persons named from each
panel to be the member of the
Board for the purposes of that
paragraph --
(a) representing the
Australian Library
and Information
Association;
(b) representing the City
of Perth;
(c) representing the City
of Fremantle;
(d) WALGA
representing local
government districts
that are in the
metropolitan area;
page 49
Local Government Amendment Bill 2003
Schedule 1 Consequential amendments to other Acts
Act Amendment
(e) WALGA
representing local
government districts
that are cities or
towns and are not in
the metropolitan area;
(f) WALGA
representing local
government districts
that are shires and are
not in the
metropolitan area,
and for the purpose of filling
any vacancy in the office of
such a member, as soon as
practicable after the vacancy
occurs, the Minister shall
request the body referred to
in the paragraph under which
the vacancy has occurred to
submit to the Minister a panel
of names under that
paragraph within 28 days of
the service of the request, but
where no panel of names is
submitted in response to the
request within that time the
Governor, on the
recommendation of the
Minister, may appoint a
person under the appropriate
paragraph as a member of the
page 50
Local Government Amendment Bill 2003
Consequential amendments to other Acts Schedule 1
Act Amendment
Board notwithstanding that
the panel was not so
submitted to the Minister.
(4a) Terms used in
subsection (4)(d), (e) and (f)
have the same meanings as in
the Local Government
Act 1995.
".
itter Act 1979 Section 9(1)(j) and (k) are deleted and the following
paragraph is inserted instead --
"
(j) 2 shall be appointed
on the nomination of
the body known as
the Western
Australian Local
Government
Association;
".
ocal Government Section 5(1)(c)(i) is amended by deleting "the body
Grants Act 1978 known as the Local Government Association of
Western Australia;" and inserting instead --
"
WALGA
representing local
government districts
that are in the
metropolitan area;
".
page 51
Local Government Amendment Bill 2003
Schedule 1 Consequential amendments to other Acts
Act Amendment
Section 5(1)(c)(ii) is amended by deleting "the body
known as the Country Shire Councils' Association
of W.A.;" and inserting instead --
"
WALGA
representing local
government districts
that are shires and are
not in the
metropolitan area;
".
Section 5(1)(c)(iii) is amended by deleting "the
body known as the Country Urban Councils'
Association." and inserting instead --
"
WALGA
representing local
government districts
that are cities or
towns and are not in
the metropolitan area.
".
After section (5)(1) the following subsection is
inserted --
"
(1a) Terms used in
subsection (1)(c) have the
same meanings as in the
Local Government Act 1995.
".
page 52
Local Government Amendment Bill 2003
Consequential amendments to other Acts Schedule 1
Act Amendment
After section (5)(2) the following subsection is
inserted --
"
(2a) If a panel of names is not
submitted in writing under
paragraph (c)(i), (ii) or (iii) to
the Minister in accordance
with the invitation of the
Minister, the Minister may
nominate any eligible person
for appointment and that
person may be appointed as if
selected from a panel as
required.
".
Section 13 is amended by deleting "Local
Government Association of Western Australia, the
Country Shire Councils' Association of Western
Australia, the Country Urban Councils'
Association," and inserting instead --
"
body known as the Western
Australian Local Government
Association
".
National Trust of Section 10(b)(viii) is amended by deleting "bodies
Australia (W.A.) known as the Local Government Association of
Act 1964 Western Australia and the Country Shire Councils'
Association of W.A" and inserting instead --
"
body known as the
Western Australian
Local Government
Association
".
page 53
Local Government Amendment Bill 2003
Schedule 1 Consequential amendments to other Acts
Act Amendment
Regional Section 34(3) is amended by deleting "Municipal"
Development and inserting instead --
Commissions
Act 1993
" Local Government ".
Road Safety Council Section 6(1)(c) is amended by deleting "Municipal"
Act 2002 and inserting instead --
" Local Government ".
Swan River Trust Section 12(1)(f) is amended by deleting "Local
Act 1988 Government Association of Western Australia" and
inserting instead --
"
Western Australian Local
Government Association
".
Section 35(c) is amended by deleting "Local
Government Association of Western Australia" and
inserting instead --
"
Western Australian Local
Government Association
".
Section 39(1) is amended by deleting "Local
Government Association of Western Australia" and
inserting instead --
"
Western Australian Local
Government Association
".
page 54
Local Government Amendment Bill 2003
Consequential amendments to other Acts Schedule 1
Act Amendment
Town Planning and Section 5AA(3) is amended by deleting "Local
Development Government Association of Western Australia
Act 1928 (Inc.), the Country Shire Councils' Association of
W.A. and the Country Town Councils'
Association" and inserting instead --
"
Western Australian Local
Government Association
".
Western Australian Section 3 is amended in the definition of "WAMA"
Planning as follows:
Commission (a) by deleting "WAMA" and inserting
Act 1985 instead --
" WALGA ";
(b) in paragraph (a) by deleting "Municipal"
and inserting instead --
" Local Government ".
Sections 5(1)(b)(i) and (ii) and (2), 19(1i)(a)(iv) and
(1j) are amended by deleting "WAMA" wherever it
occurs and inserting instead --
" WALGA ".
page 55
Local Government Amendment Bill 2003
Schedule 1 Consequential amendments to other Acts
Division 2 -- Salaries and Allowances Act 1975
Act Amendment
Salaries and After section 7 the following section is inserted --
Allowances Act 1975
"
7A. Recommendations as to remuneration
of local government CEOs
(1) The Tribunal shall, from time to time,
inquire into and make a report containing
recommendations as to the remuneration
to be paid or provided to chief executive
officers of local governments.
(2) A report of the Tribunal made under this
section shall be --
(a) in writing; and
(b) signed by the members.
(3) A copy of every report made by the
Tribunal under this section shall be
published in the Gazette.
".
Section 8 is amended as follows:
(a) after paragraph (a) by deleting "and";
(b) after paragraph (b) by deleting the full
stop and inserting --
"
; and
(c) not more than a year
elapses between one
report under section 7A
and another.
".
page 56
Local Government Amendment Bill 2003
Consequential amendments to other Acts Schedule 1
Act Amendment
Section 10(4) is amended as follows:
(a) after paragraph (a) by deleting "and";
(b) after paragraph (b) by deleting the full
stop and inserting --
"
; and
(c) appoint a person
nominated from time to
time in writing by the
chief executive officer
of the department
principally assisting the
Minister in the
administration of the
Local Government
Act 1995 to assist the
Tribunal in an inquiry
in so far as it relates to
the remuneration to be
paid or provided to
chief executive officers
of local governments
referred to in
section 7A.
".
page 57
Local Government Amendment Bill 2003
Schedule 2 Transitional and validation provisions -- WALGA
Schedule 2 -- Transitional and validation provisions --
WALGA
[s. 14]
1. Interpretation
5 In this Schedule --
"anything done" means anything done, or omitted, or purported to be
done or omitted;
"commencement" means the commencement of section 10;
"body previously constituted under section 9.58" means a body
10 constituted under section 9.58 of the Local Government Act 1995
before the commencement;
"WALGA" means the Western Australian Local Government
Association constituted under section 9.58 of the Local
Government Act 1995 after the commencement.
15 2. WALGA successor in law to bodies previously constituted under
section 9.58
(1) On the commencement, WALGA becomes the successor in law of
each body previously constituted under section 9.58.
(2) In particular --
20 (a) each body previously constituted under section 9.58 is
dissolved;
(b) the property of each body previously constituted under
section 9.58 becomes the property of WALGA;
(c) all assets, liabilities, rights and duties of the body previously
25 constituted under section 9.58 becomes the assets, liabilities,
rights and duties of WALGA;
(d) any proceedings or remedy that immediately before the
commencement might have been brought or continued by or
available against or to a body previously constituted under
30 section 9.58, may be brought or continued and are available,
by or against or to WALGA;
page 58
Local Government Amendment Bill 2003
Transitional and validation provisions -- WALGA Schedule 2
(e) WALGA is to take delivery of all papers, documents,
minutes, books of account and other records (however
compiled, recorded or stored) relating to the operations of
each body previously constituted under section 9.58.
5 3. Agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement --
(a) to which a body previously constituted under section 9.58
was a party; or
10 (b) which contains a reference to a body previously constituted
under section 9.58,
has effect after the commencement as if --
(c) WALGA were substituted for the body previously constituted
under section 9.58 as a party to the agreement or instrument;
15 and
(d) any reference in the agreement or instrument to the body
previously constituted under section 9.58 were (unless the
context otherwise requires) amended to be or include a
reference to WALGA.
20 4. Validation
Anything done before the commencement under the name of
WALGA, or the Western Australian Local Government Association,
by, to, or in respect of, a body previously constituted under
section 9.58 is as valid and effective, and is to be taken to have always
25 been as valid and effective, as it would have been had the thing been
done after the commencement by, to, or in respect of WALGA.
5. Interpretation Act 1984 not affected
Nothing in this Schedule is to be construed so as to limit the operation
of the Interpretation Act 1984.
page 59
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