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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Local Government Amendment Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments about
introductory matters and the
constitution of local government
4. Section 2.7 amended 3
5. Section 2.25 amended 3
6. Section 2.27 amended 5
7. Section 2.39 amended 6
Part 3 -- Amendments about
functions of local governments
8. Section 3.27 amended 7
9. Section 3.47 amended 7
10. Section 3.58 amended 7
11. Section 3.64 amended 8
Part 4 -- Amendments about
elections and other polls
12. Section 4.17 amended 9
13. Section 4.30 amended 9
14. Section 4.32 amended 10
15. Section 4.33 amended 11
16. Section 4.43 amended 12
17. Section 4.44A inserted 12
4.44A. Alteration of rolls 12
288--1 page i
Local Government Amendment Bill 2008
Contents
18. Section 4.48 amended 12
19. Section 4.59 amended 13
Part 5 -- Amendments about
administration
20. Section 5.11A inserted 14
5.11A. Deputy committee members 14
21. Section 5.27 amended 15
22. Section 5.36 amended 15
23. Section 5.37 amended 15
24. Section 5.43 amended 16
25. Section 5.47 replaced 16
5.47. Superannuation regulations 16
26. Section 5.48 amended 16
27. Section 5.62 amended 16
28. Section 5.63 amended 17
29. Heading to Part 5 Division 8 replaced 17
Division 8 -- Local government payments and gifts
to its members
30. Section 5.98 amended 17
31. Section 5.100A inserted 18
5.100A. Gifts to council members 18
32. Section 5.101A inserted 18
5.101A. Regulations about payment of expenses 18
Part 6 -- Amendments about
financial management
33. Section 6.14 amended 19
34. Section 6.25 amended 19
35. Section 6.29 replaced 19
6.29. Valuation and rates on mining and
petroleum interests 19
36. Section 6.33 amended 21
37. Section 6.68 amended 21
Part 7 -- Other amendments
38. Section 8.2 amended 23
39. Section 9.16 amended 23
40. Sections 9.49A and 9.49B inserted 24
9.49A. Execution of documents 24
9.49B. Contract formalities 25
41. Replacing "Executive Director" in various sections 25
page ii
Local Government Amendment Bill 2008
Contents
42. Schedule 2.5 amended 26
43. Schedule 3.1 amended 26
44. Schedule 3.2 amended 27
Part 8 -- Consequential amendments
45. Local Government Amendment Act 2004 amended 28
page iii
Western Australia
LEGISLATIVE COUNCIL
Local Government Amendment Bill 2008
A Bill for
An Act to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Local Government Amendment Act 2008.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
10 3. The Act amended
The amendments in this Act are to the Local Government
Act 1995.
page 2
Local Government Amendment Bill 2008
Amendments about introductory matters and the constitution of Part 2
local government
s. 4
Part 2 -- Amendments about introductory matters and
the constitution of local government
4. Section 2.7 amended
Section 2.7(1)(a) is amended by deleting "directs and controls"
5 and inserting instead --
" governs ".
5. Section 2.25 amended
(1) Section 2.25(2) is amended by deleting the full stop and
inserting instead --
10 "
, unless all of the meetings are within a period of
3 months.
".
(2) After section 2.25(2) the following subsection is inserted --
15 "
(3A) Leave is not to be granted in respect of --
(a) a meeting that has concluded; or
(b) the part of a meeting before the granting of
leave.
20 ".
(3) Section 2.25(4) is amended as follows:
(a) by deleting "first";
(b) by deleting the full stop and inserting instead --
"
25 , unless all of the meetings are within a 2 month period.
".
page 3
Local Government Amendment Bill 2008
Part 2 Amendments about introductory matters and the constitution of
local government
s. 5
(4) After section 2.25(4) the following subsection is inserted --
"
(5A) If a council holds 3 or more ordinary meetings within a
2 month period, and a member is absent without leave
5 throughout each of those meetings, the member is
disqualified if he or she is absent without leave
throughout the ordinary meeting of the council
immediately following the end of that period.
".
10 (5) Section 2.25(5)(b) is amended as follows:
(a) by deleting "while" in the first place it occurs;
(b) by inserting at the beginning of subparagraph (i) --
" while ";
(c) by inserting after subparagraph (ii) --
15 "
(iiia) while the member is suspended under
section 5.117(1)(a)(iv); or
";
(d) by inserting after subparagraph (i) --
20 " or ".
(6) After section 2.25(5) the following subsection is inserted --
"
(6) A member who before the commencement of the Local
Government Amendment Act 2008 section 5 was
25 granted leave during an ordinary meeting of the council
from which the member was absent is to be taken to
have first obtained leave for the remainder of that
meeting.
".
page 4
Local Government Amendment Bill 2008
Amendments about introductory matters and the constitution of Part 2
local government
s. 6
6. Section 2.27 amended
(1) Section 2.27(4)(a) is amended by deleting "28" and inserting
instead --
" 14 ".
5 (2) Section 2.27(6) is amended by deleting paragraph (b) and all of
the subsection after it and inserting instead --
"
(b) applies to the State Administrative Tribunal
asking for a declaration as to whether or not the
10 member is disqualified and gives a copy of the
application to the CEO,
the member is taken to have been disqualified for the
reasons indicated in the CEO's notice.
".
15 (3) After section 2.27(6) the following subsection is inserted --
"
(7A) If subsection (6) applies to a member the CEO is to
give the member a written notice to that effect.
".
20 (4) Section 2.27(7) is amended by deleting "A person other than the
CEO" and inserting instead --
" The CEO or any other person ".
(5) After subsection (9) the following subsection is inserted --
"
25 (10) This section as in force immediately before the
commencement of the Local Government Amendment
Act 2008 section 6 applies to and in respect of a notice
given under section 2.27(3) before that
commencement.
30 ".
page 5
Local Government Amendment Bill 2008
Part 2 Amendments about introductory matters and the constitution of
local government
s. 7
7. Section 2.39 amended
Section 2.39 is amended as follows:
(a) before "A commissioner" by inserting the subsection
designation "(1)";
5 (b) at the end of the section by inserting the following
subsection --
"
(2) Subsection (1) does not prevent the appointment of a
person under Schedule 2.4 clause 4 to fill a vacancy in
10 the office of commissioner.
".
page 6
Local Government Amendment Bill 2008
Amendments about functions of local governments Part 3
s. 8
Part 3 -- Amendments about functions of
local governments
8. Section 3.27 amended
(1) After section 3.27(1) the following subsection is inserted --
5 "
(2A) In subsection (1) land includes Crown land the subject
of a pastoral lease within the meaning of the Land
Administration Act 1997 section 3.
".
10 (2) After section 3.27(3) the following subsection is inserted --
"
(4A) For the purposes of subsection (3), planting pasture on
land for grazing does not amount to cultivating the
land.
15 ".
9. Section 3.47 amended
Section 3.47(2b) is amended by deleting "and" after
paragraph (b) and inserting instead --
"
20 (ca) for prescribed non-perishable goods --
one month;
".
10. Section 3.58 amended
(1) Section 3.58(4) is amended by deleting paragraph (c) and
25 inserting instead --
"
(c) the market value of the disposition --
(i) as ascertained by a valuation carried out
not more than 6 months before the
30 proposed disposition; or
page 7
Local Government Amendment Bill 2008
Part 3 Amendments about functions of local governments
s. 11
(ii) as declared by a resolution of the local
government on the basis of a valuation
carried out more than 6 months before
the proposed disposition that the local
5 government believes to be a true
indication of the value at the time of the
proposed disposition.
".
(2) Section 3.58(5) is amended by deleting paragraph (a) and
10 inserting instead --
"
(a) a disposition of an interest in land under the
Land Administration Act 1997 section 189 or
190; or
15 ".
(3) Section 3.58 is amended as follows:
(a) in section 3.58(3)(a) by inserting after
subparagraph (i) --
" and ";
20 (b) in section 3.58(4) by inserting after paragraph (a) --
" and ";
(c) in section 3.58(5) by inserting after paragraph (b) --
" or ".
11. Section 3.64 amended
25 Section 3.64(d) is amended by inserting after "members" --
" and deputy members ".
page 8
Local Government Amendment Bill 2008
Amendments about elections and other polls Part 4
s. 12
Part 4 -- Amendments about elections and other polls
12. Section 4.17 amended
(1) Section 4.17(3) is amended by deleting all the words before "the
council may," and inserting instead --
5 "
If a councillor's office becomes vacant under
section 2.32 and under subsection (4A) this subsection
applies,
".
10 (2) After section 4.17(3) the following subsection is inserted --
"
(4A) Subsection (3) applies --
(a) if --
(i) the office is for a district that has no
15 wards; and
(ii) at least 80% of the number of offices of
member of the council in the district are
still filled;
or
20 (b) if --
(i) the office is for a ward for which there
are 5 or more offices of councillor; and
(ii) at least 80% of the number of offices of
councillor for the ward are still filled.
25 ".
13. Section 4.30 amended
(1) Section 4.30(1) is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
30 (c) has made a successful eligibility claim that still
has effect under section 4.33.
";
page 9
Local Government Amendment Bill 2008
Part 4 Amendments about elections and other polls
s. 14
(b) after paragraph (a) by inserting --
" and ".
(2) After section 4.30(2) the following subsections are inserted --
"
5 (3) For the purposes of subsection (1)(c) an eligibility
claim is successful if it is accepted under section 4.32,
whether or not the acceptance is before the close of
enrolments, as defined in section 4.39(1).
(4) A person who is eligible under subsection (1) to vote at
10 an election held less than 50 days after the
commencement of the Local Government Amendment
Act 2008 section 13 is eligible to vote at that election.
".
14. Section 4.32 amended
15 (1) Section 4.32(4) is amended by deleting "Within" and inserting
instead --
"
Except as provided for in subsection (5A), within
".
20 (2) After subsection (4) the following subsection is inserted --
"
(5A) If a claim is made before the close of enrolments as
defined in section 4.39(1), but less than 14 days before
the close of nominations as defined in section 4.49(a),
25 the CEO is to decide whether to accept or reject the
claim before the close of nominations.
".
page 10
Local Government Amendment Bill 2008
Amendments about elections and other polls Part 4
s. 15
15. Section 4.33 amended
(1) Section 4.33(1a) and (2) are repealed and the following
subsections are inserted instead --
"
5 (2A) Unless subsection (2B) or (3) applies, if an enrolment
eligibility claim made by a person on the basis of
occupation of rateable property within the electorate is
accepted under section 4.32(4) or (8), the claim expires
on the day 6 months after the holding of the second
10 ordinary elections of the local government after the
claim is accepted.
(2B) If an enrolment eligibility claim on the basis of
occupation of rateable property within the electorate
is --
15 (a) made within the period of 49 days before the
election day for ordinary elections of the local
government; and
(b) accepted under section 4.32(4) or (8) before the
election day,
20 the claim expires on the day 6 months after the holding
of the third ordinary elections of the local government
after the claim is accepted.
(2) For the purpose of subsection (2A) or (2B), an election
that would have been held on a particular day but for
25 the suspension of the council of the local government is
to be regarded as having been held on that day.
".
(2) Section 4.33(3) is amended by deleting "subclause (1a)" and
inserting instead --
30 " subsection (2A) or (2B) ".
page 11
Local Government Amendment Bill 2008
Part 4 Amendments about elections and other polls
s. 16
16. Section 4.43 amended
Section 4.43(3b) is amended by inserting after "altered" --
" under this section or section 4.44A ".
17. Section 4.44A inserted
5 After section 4.43 the following section is inserted --
"
4.44A. Alteration of rolls
(1) The returning officer may alter the owners and
occupiers roll by including the name of an elector
10 whose enrolment eligibility claim was made under
section 4.32(1) before the close of enrolments, as
defined in section 4.39(1), but accepted after that time.
(2) If the returning officer is not the CEO, the returning
officer may direct the CEO to make an alteration to the
15 roll described in subsection (1) and the CEO is to
comply with that direction.
".
18. Section 4.48 amended
Section 4.48(2) is repealed and the following subsection is
20 inserted instead --
"
(2) If the election is to fill the office of elector mayor or
president, a person can only be a candidate if the
person was an elector of the district who, as at the close
25 of enrolments and at the time of nomination, was
qualified under section 2.19 to be elected as a member
of the council.
".
page 12
Local Government Amendment Bill 2008
Amendments about elections and other polls Part 4
s. 19
19. Section 4.59 amended
Section 4.59 is amended by deleting the full stop and inserting
instead --
"
5 ; and
(c) the provision of information as to expenditure
incurred in relation to an election by or for the
benefit of candidates.
".
page 13
Local Government Amendment Bill 2008
Part 5 Amendments about administration
s. 20
Part 5 -- Amendments about administration
20. Section 5.11A inserted
After section 5.10 the following section is inserted --
"
5 5.11A. Deputy committee members
(1) The local government may appoint* a person to be a
deputy of a member of a committee and may terminate
such an appointment* at any time.
* Absolute majority required.
10 (2) A person who is appointed as a deputy of a member of
a committee is to be --
(a) if the member of the committee is a council
member -- a council member; or
(b) if the member of the committee is an
15 employee -- an employee; or
(c) if the member of the committee is not a council
member or an employee -- a person who is not
a council member or an employee; or
(d) if the member of the committee is a person
20 appointed under section 5.10(5) -- a person
nominated by the CEO.
(3) A deputy of a member of a committee may perform the
functions of the member when the member is unable to
do so by reason of illness, absence or other cause.
25 (4) A deputy of a member of a committee, while acting as
a member, has all the functions of and all the protection
given to a member.
".
page 14
Local Government Amendment Bill 2008
Amendments about administration Part 5
s. 21
21. Section 5.27 amended
After section 5.27(3) the following subsection is inserted --
"
(4) A general meeting of the electors may be held in
5 conjunction with an ordinary meeting of the council of
the local government.
".
22. Section 5.36 amended
(1) Section 5.36(4) is amended by deleting "If " and inserting
10 instead --
" Unless subsection (5A) applies, if ".
(2) After section 5.36(4) the following subsection is inserted --
"
(5A) Subsection (4) does not require a position to be
15 advertised if it is proposed that the position be filled by
a person in a prescribed class.
".
23. Section 5.37 amended
(1) Section 5.37(3) is amended by deleting "If " and inserting
20 instead --
" Unless subsection (4A) applies, if ".
(2) After section 5.37(3) the following subsection is inserted --
"
(4A) Subsection (3) does not require a position to be
25 advertised if it is proposed that the position be filled by
a person in a prescribed class.
".
page 15
Local Government Amendment Bill 2008
Part 5 Amendments about administration
s. 24
24. Section 5.43 amended
Section 5.43 is amended as follows:
(a) by inserting after paragraph (g) --
"
5 (ha) the power under section 9.49A(4) to authorise a
person to sign documents on behalf of the local
government;
";
(b) by deleting "or" after paragraph (h).
10 25. Section 5.47 replaced
Section 5.47 is repealed and the following section is inserted
instead --
"
5.47. Superannuation regulations
15 The Governor may make regulations about any matter
relating to the provision of superannuation by a local
government.
".
26. Section 5.48 amended
20 Section 5.48(1) is amended by deleting the definition of
"employee" and inserting instead --
"
"employee" includes an employee of WALGA;
".
25 27. Section 5.62 amended
Section 5.62(1) is amended as follows:
(a) after paragraph (ea) by deleting "or" and inserting
instead --
page 16
Local Government Amendment Bill 2008
Amendments about administration Part 5
s. 28
"
or
(eb) the relevant person is a council member and
since the relevant person was last elected the
5 person gave to the relevant person a gift that
section 5.82 requires the relevant person to
disclose; or
";
(b) after each of paragraphs (a) to (e) by inserting --
10 " or ".
28. Section 5.63 amended
Section 5.63(1)(b) is amended by deleting "arising from" and
inserting instead --
" in ".
15 29. Heading to Part 5 Division 8 replaced
The heading to Part 5 Division 8 is deleted and the following
heading is inserted instead --
"
Division 8 -- Local government payments and gifts to
20 its members
".
30. Section 5.98 amended
After section 5.98(1) the following subsection is inserted --
"
25 (2A) A council member who attends a meeting of a
prescribed type at the request of the council is entitled
to be paid --
(a) the prescribed minimum fee for attending a
meeting of that type; or
page 17
Local Government Amendment Bill 2008
Part 5 Amendments about administration
s. 31
(b) where the local government has set a fee within
the prescribed range for meetings of that type,
that fee.
".
5 31. Section 5.100A inserted
After section 5.99A the following section is inserted --
"
5.100A. Gifts to council members
A local government cannot give a gift to a council
10 member unless --
(a) the gift is given in prescribed circumstances;
and
(b) the value of the gift is less than a prescribed
amount.
15 ".
32. Section 5.101A inserted
After section 5.101 the following section is inserted --
"
5.101A. Regulations about payment of expenses
20 Regulations may be made about the method of
payment of an expense for which a person can be
reimbursed.
".
page 18
Local Government Amendment Bill 2008
Amendments about financial management Part 6
s. 33
Part 6 -- Amendments about financial management
33. Section 6.14 amended
Section 6.14(2)(a) and (b) are deleted.
34. Section 6.25 amended
5 Section 6.25 is amended by inserting in the appropriate
alphabetic position --
"
"owner" --
(a) in relation to land in a retirement village as
10 defined in the Retirement Villages Act 1992
means --
(i) the owner, as defined in that Act
section 3(1); or
(ii) a mortgagee in possession of the land;
15 or
(iii) a trustee, executor, administrator,
attorney or agent of a person
mentioned in this paragraph who is in
possession of the land;
20 (b) otherwise has the meaning given in
section 1.4;
".
35. Section 6.29 replaced
Section 6.29 is repealed and the following section is inserted
25 instead --
"
6.29. Valuation and rates on mining and petroleum
interests
(1) In this section --
30 "relevant interest" means --
page 19
Local Government Amendment Bill 2008
Part 6 Amendments about financial management
s. 35
(a) a mining tenement held under the Mining
Act 1978 (whether within the meaning given
to that term by that Act or by the Mining
Act 1904); or
5 (b) a permit, drilling reservation, lease or licence
held under the Petroleum and Geothermal
Energy Resources Act 1967.
(2) Regardless of any determination made under
section 6.28(1), the basis for a rate on a relevant
10 interest is to be the unimproved value of the land,
except as provided for in subsection (3).
(3) Subsection (2) does not apply to a relevant interest in a
portion of land on which capital improvements are
located if --
15 (a) the Minister has determined under
section 6.28(1) that the gross rental value of the
land is to be used as the basis for a rate on that
interest; and
(b) the determination expressly excludes the
20 application of subsection (2).
(4) The Minister cannot determine under section 6.28(1)
that the gross rental value of the land is to be used as
the basis for a rate on a relevant interest in a portion of
land if another estate in that portion of land is rateable
25 on the basis of the gross rental value of the land.
(5) For the purpose of subsection (3)(b) a determination is
to be taken to expressly exclude the application of
subsection (2) if the determination --
(a) was made before the commencement of the
30 Local Government Amendment Act 2008
section 35; and
page 20
Local Government Amendment Bill 2008
Amendments about financial management Part 6
s. 36
(b) specifically applies to the particular relevant
interest.
".
36. Section 6.33 amended
5 (1) Section 6.33(1) is amended as follows:
(a) in paragraph (a) by inserting after "zoned" --
" , whether or not ";
(b) in paragraph (b) by deleting "the predominant" and
inserting instead --
10 " a ".
(2) After section 6.33(4) the following subsection is inserted --
"
(5) A differential general rate that a local government
purported to impose under this Act before the Local
15 Government Amendment Act 2008 section 36(1)(a)
came into operation is to be taken to have been as valid
as if the amendment made by that paragraph had been
made before the purported imposition of that rate.
".
20 37. Section 6.68 amended
Section 6.68(2) is repealed and the following subsections are
inserted --
"
(2) A local government is not required to attempt under
25 section 6.56 to recover money due to it before
exercising the power of sale where the local
government --
(a) has a reasonable belief that the cost of the
proceedings under that section will equal or
30 exceed the value of the land; or
page 21
Local Government Amendment Bill 2008
Part 6 Amendments about financial management
s. 37
(b) having made reasonable efforts to locate the
owner of the property is unable to do so.
(3A) A local government is to ensure that a decision to
exercise a power of sale without having, within the
5 period of 3 years prior to the exercise of the power of
sale, attempted under section 6.56 to recover the
money due to it and the reasons for the decision are
recorded in the minutes of the meeting at which the
decision was made.
10 ".
page 22
Local Government Amendment Bill 2008
Other amendments Part 7
s. 38
Part 7 -- Other amendments
38. Section 8.2 amended
(1) Section 8.2(1) is amended by inserting after "local government"
in the first place where it occurs --
5 " , a member of a council, a CEO or an employee ".
(2) Section 8.2(2) is repealed and the following subsection is
inserted instead --
"
(2) A person who fails to comply with a notice under
10 subsection (1) commits an offence.
".
39. Section 9.16 amended
(1) After section 9.16(1) the following subsection is inserted --
"
15 (2A) If a person who is given a notice under section 9.13
about an alleged offence involving a vehicle gives
information in accordance with section 9.13(6) about
another person who was the driver or person in charge
of the vehicle at the time of the alleged offence, the
20 period of 28 days for giving that other person an
infringement notice runs from the time the information
was given.
".
(2) After section 9.16(2) the following subsection is inserted --
25 "
(3) An infringement notice given before the
commencement of the Local Government Amendment
Act 2008 section 39(1) and purporting to be under this
section is to be taken to have been as valid as if the
30 amendment made by that subsection had been made
before the notice was given.
".
page 23
Local Government Amendment Bill 2008
Part 7 Other amendments
s. 40
40. Sections 9.49A and 9.49B inserted
After the heading to Part 9 Division 3 the following sections are
inserted --
"
5 9.49A. Execution of documents
(1) A document is duly executed by a local government
if --
(a) the common seal of the local government is
affixed to it in accordance with subsections (2)
10 and (3); or
(b) it is signed on behalf of the local government
by a person or persons authorised under
subsection (4) to do so.
(2) The common seal of a local government is not to be
15 affixed to any document except as authorised by the
local government.
(3) The common seal of the local government is to be
affixed to a document in the presence of --
(a) the mayor or president; and
20 (b) the chief executive officer or a senior employee
authorised by the chief executive officer,
each of whom is to sign the document to attest that the
common seal was so affixed.
(4) A local government may, by resolution, authorise the
25 chief executive officer, another employee or an agent
of the local government to sign documents on behalf of
the local government, either generally or subject to
conditions or restrictions specified in the authorisation.
(5) A document executed by a person under an authority
30 under subsection (4) is not to be regarded as a deed
unless the person executes it as a deed and is permitted
to do so by the authorisation.
page 24
Local Government Amendment Bill 2008
Other amendments Part 7
s. 41
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
unless the contrary is shown.
(7) When a document is produced bearing a seal
5 purporting to be the common seal of the local
government, it is to be presumed that the seal is the
common seal of the local government unless the
contrary is shown.
9.49B. Contract formalities
10 (1) Insofar as the formalities of making, varying or
discharging a contract are concerned, a person acting
under the authority of a local government may make,
vary or discharge a contract in the name of or on behalf
of the local government in the same manner as if that
15 contract was made, varied or discharged by a natural
person.
(2) The making, variation or discharge of a contract in
accordance with subsection (1) is effectual in law and
binds the local government concerned and other parties
20 to the contract.
(3) Subsection (1) does not prevent a local government
from making, varying or discharging a contract under
its common seal.
".
25 41. Replacing "Executive Director" in various sections
The provisions listed in the Table to this section are amended by
deleting "Executive Director" in each place where it occurs and
inserting instead --
" Departmental CEO ".
30 Table
s. 5.108(1), (2)(a) and (3) s. 5.110(2)(b)
s. 5.111(1) and (2) s. 5.112(1), (2), (3), (4) and (5)
page 25
Local Government Amendment Bill 2008
Part 7 Other amendments
s. 42
s. 5.114(1) and (2) s. 5.115(1) and (2)
s. 5.116(1), (2), (3), (4), (5) s. 5.117(4) and (5)
and (6)
s. 5.118(2) s. 5.119(1)
s. 9.69A
42. Schedule 2.5 amended
Schedule 2.5 is amended in clause 7(10) by deleting
"procedure." and inserting instead --
" procedure, and other procedure and practice. ".
5 43. Schedule 3.1 amended
Schedule 3.1 Division 1 is amended as follows:
(a) by inserting after item 5A the following item --
"
5B. Ensure that graffiti that is --
10 (a) applied with the consent of the owner or occupier;
and
(b) visible from a public place; and
(c) considered by the local government to be unsightly
or offensive,
15 is obliterated in a manner acceptable to the local
government.
";
(b) by deleting item 6 and inserting instead --
"
20 6. Take specified measures for preventing or minimising the
movement of sand, silt, clay or rocks on or from the land if,
in the opinion of the local government, that movement
would be likely to adversely affect other land.
".
page 26
Local Government Amendment Bill 2008
Other amendments Part 7
s. 44
44. Schedule 3.2 amended
Schedule 3.2 is amended as follows:
(a) in item 7 by deleting "(The cost cannot then be
recovered from the owner.)";
5 (b) by inserting after item 7 the following item --
"
8. Obliterate graffiti that is visible from a public place and that
has been applied without the consent of the owner or
occupier.
10 ".
page 27
Local Government Amendment Bill 2008
Part 8 Consequential amendments
s. 45
Part 8 -- Consequential amendments
45. Local Government Amendment Act 2004 amended
(1) The amendments in this section are to the Local Government
Amendment Act 2004.
5 (2) The following sections are repealed --
(a) section 19(2);
(b) section 20;
(c) section 38(3).
page 28
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