Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Local Government
Act 1995 and includes the amendments made by the other written laws
referred to in the following table 1a, 7, 8. The
table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
74 of 1995 |
9 Jan 1996 |
1 Jul 1996 (see s. 1.2) |
|
|
Local Government Act (Schedule 3.1) Amendment
Regulations 1996 published in Gazette 24 Jun 1996
p. 2861-2 |
1 Jul 1996 (see r. 2) |
||
|
Local Government (Consequential Amendments) Act 1996
s. 4 9 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Local Government Act (Schedule 3.1) Amendment
Regulations (No. 2) 1996 published in Gazette
25 Oct 1996 p. 5647 |
25 Oct 1996 |
||
|
Transfer of Land Amendment Act 1996
s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Local Government Act (Schedule 3.1) Amendment
Regulations 1997 published in Gazette 29 Apr 1997
p. 2144 |
29 Apr 1997 |
||
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 81 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
|
Local Government Amendment Act 1998 10,
11 |
1 of 1998 |
26 Mar 1998 |
Act other than
s. 21: |
|
Local Government Amendment Act (No. 2) 1998
12, 13 |
64 of 1998 |
12 Jan 1999 |
12 Jan 1999 (see s. 2) |
|
Perth Parking Management (Consequential Provisions)
Act 1999 s. 7(3) 14 |
16 of 1999 |
19 May 1999 |
7 Aug 1999 (see s. 2 and Gazette
6 Aug 1999 p. 3727) |
|
Acts Amendment and Repeal (Financial Sector Reform)
Act 1999 s. 92 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette
30 Jun 1999 p. 2905) |
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|
Disability Services Amendment Act 1999
s. 28(3) |
44 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
Reprint of the Local Government Act 1995 as
at 18 Feb 2000 (includes amendments listed above except those in
the School Education Act 1999) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 22 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Corporations (Consequential Amendments) Act 2001
Pt. 36 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
Road Traffic Amendment (Vehicle Licensing)
Act 2001 Pt. 3 Div. 3 |
28 of 2001 |
21 Dec 2001 |
4 Dec 2006 (see s. 2 and Gazette 28 Nov 2006
p. 4889) |
|
Corporations (Consequential Amendments) Act
(No. 2) 2003 Pt. 14 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|
Corporations (Consequential Amendments) Act
(No. 3) 2003 Pt. 7 15 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth
Gazette 24 Oct 2001 No. GN42) |
|
Acts Amendment (Equality of Status) Act 2003
Pt. 38 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 79 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 2: The Local Government Act 1995 as
at 2 Apr 2004 (includes amendments listed above except those in
the Road Traffic Amendment (Vehicle Licensing) Act 2001) (correction in
Gazette 1 Oct 2004 p. 4283) |
|||
|
Workers’ Compensation Reform Act 2004
s. 165 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Local Government Amendment Act 2004
s. 4-15, 16(4), 17, 18, 19(1), 21-37, 38(1) and (2) and
39-74 16-19 |
49 of 2004 (as amended by No. 8 of 2009
s. 88) |
12 Nov 2004 |
s. 17, 30-37, 38(1) and (2) and 39-41:
22 Jan 2005 (see s. 2 and Gazette 21 Jan 2005
p. 257); |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 24 |
59 of 2004 (as amended by No. 2 of 2008
s. 77(13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 76 20,
21 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 11 and s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Local Government Act 1995 as at 5
Aug 2005 (includes amendments listed above except those in the Road
Traffic Amendment (Vehicle Licensing) Act 2001) |
|||
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 14 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005
p. 6244) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 12 Div. 3 22 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Local Government Amendment Act 2006 |
66 of 2006 |
8 Dec 2006 |
Act other than s. 14: 9 Dec 2006 (see
s. 2(1)); |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Local Government (Official Conduct) Amendment
Act 2007 |
1 of 2007 |
28 Mar 2007 |
s. 1 and 2:
28 Mar 2007; |
|
Local Government Amendment
Act 2007 |
9 of 2007 |
25 Jun 2007 |
s. 1 and 2: 25 Jun 2007; |
|
Local Government (Miscellaneous Provisions) Amendment Act
2007 s. 13 |
11 of 2007 |
29 Jun 2007 |
1 Jul 2008 (see s. 2 and Gazette
6 Jun 2008 p. 2179) |
|
Petroleum Amendment Act 2007 s.
99 |
35 of 2007 |
21 Dec 2007 |
31 Oct 2009 (see s. 2(b) and Gazette
30 Oct 2009 p. 4305) |
|
Reprint 4: The Local Government Act 1995 as at
18 Jan 2008 (includes amendments listed above, except those in the
Local Government (Miscellaneous Provisions) Amendment Act 2007 and the
Petroleum Amendment Act 2007) |
|
Duties Legislation Amendment Act 2008 s.
52 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Statutes (Repeals and Miscellaneous Amendments) Act
2009 s. 87 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Local Government Amendment (Elections)
Act 2009 |
15 of 2009 |
17 Aug 2009 |
s. 1 and 2: 17 Aug 2009
(see s. 2(a)); |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|||
|---|---|---|---|---|---|---|
|
Local Government Amendment Act 2004
|
49 of 2004 |
12 Nov 2004 |
To be proclaimed (see s. 2) |
|||
|
Local Government Amendment Act 2009 s. 3
and Pt. 2-8 28 |
17 of 2009 |
16 Sep 2009 |
To be proclaimed (see s. 2(b)) |
|||
|
Co-operatives Act 2009 s. 506 and
516 29 |
24 of 2009 |
22 Oct 2009 |
s. 506: operative on the day Co-operative Bulk Handling
Limited becomes registered under this Act (see s. 2(d)); s. 516: operative on the last day of the period of 2 years
after the day fixed under s. 2(b) (see s. 2(c)) |
|||
2 Footnote no longer applicable.
3 Repealed by the Mining Act 1978.
4 The short title of the Local Government Act 1960
was amended to the Local Government (Miscellaneous Provisions)
Act 1960 by Sch. 9.2 cl. 2 of this Act. That provision has
now been omitted.
5 Under the Land Administration Act 1997
s. 281(3) a reference in a written law to the Land Act 1933 is,
unless the contrary intention appears, to be read and construed as if that
reference were a reference to the Land Administration
Act 1997.
6 The provisions of the Local Government Act 1960 Pt. VIA
as continued by Sch. 9.3 cl. 16 of this Act and amended by the Local
Government (Amendment of Part VIA – Employee Superannuation) Regulations
2006 r. 4 and 5 (published in Gazette 26 May 2006
p. 1877-8) reads as follows:
“
Part VIA — Employee
Superannuation
170A. Interpretation
(1) In this Part —
City of Perth scheme means the superannuation scheme
established under section 170C;
dependant has the same definition as in section 10 of the
SIS Act;
employee and employer have the same
definitions as in section 10 of the SIS Act;
industry scheme means the WA Local Government Superannuation
Plan (formerly called the W.A. Local Government Occupational Superannuation
Fund) established by a trust deed dated 21 March 1990 and continued
under a trust deed dated 4 November 2004;
municipality includes a regional council;
SIS Act means the Superannuation Industry (Supervision)
Act 1993 (Cwlth) as amended from time to time.
(2) A reference in this Part to the City of Perth scheme is a reference to
the scheme as it is amended from time to time.
(3) A reference in this Part to the industry scheme is a reference to the
scheme as it is amended from time to time.
[Section 170A amended in Gazette 26 May 2006 p. 1877.]
170B. Municipalities to use industry scheme
(1) To provide superannuation and other benefits for its employees and
their dependants, a municipality shall participate in and comply with the
industry scheme.
(2) A municipality shall exercise such powers and discharge such
obligations as are necessary to give effect to the industry scheme.
(3) Subsections (1) and (2) do not apply in respect of an employee if
under section 170D, or section 29 of the City of Perth Restructuring Act
1993, a municipality has to participate in and comply with the City of Perth
scheme in respect of that employee.
(4) Subsections (1) and (2) apply to the City of Perth only in respect of
those of its employees who are not members of the City of Perth
scheme.
(5) If, in respect of an employee for any period —
(a) there is a chosen fund for the employee throughout the period;
and
(b) the chosen fund is not the industry scheme; and
(c) the municipality makes the minimum SG contributions for the employee
for that period to the chosen fund,
the amount that the municipality would, but for this subsection, be
required under subsection (1) and the industry scheme trust deed to
contribute to the industry scheme for that employee for that period is reduced
by the amount of those minimum SG contributions made to the chosen fund.
(6) In subsection (5) —
(a) the following terms have the same meanings as they have in the
Superannuation Guarantee (Administration) Act 1992
(Cwlth) —
(i) chosen fund for the employer;
(ii) individual superannuation guarantee shortfall;
and
(b) a reference to a municipality making the minimum SG contributions
for an employee for a period is a reference to the municipality making the
contributions necessary for it to avoid incurring an individual superannuation
guarantee shortfall in respect of the employee in respect of that period.
[Section 170B amended in Gazette 26 May 2006 p. 1878.]
170C. City of Perth scheme
(1) The City of Perth shall establish a scheme that accords with the SIS
Act to provide superannuation and other benefits for its employees and their
dependants and for those of its former employees (and their dependants) whose
employers, by virtue of section 170D or section 29 of the City of Perth
Restructuring Act 1993, are required to participate in and comply with
the scheme.
(2) The City of Perth shall participate in and comply with the City of
Perth scheme.
(3) The City of Perth shall exercise such powers and discharge such
obligations as are necessary to give effect to the City of Perth
scheme.
(4) A person who becomes an employee of the City of Perth shall be a
member of and subject to the City of Perth scheme unless he or she elects to be
a member of the industry scheme.
170D. City of Perth scheme members who become employed by a regional
council
(1) If a person —
(a) is a member of the City of Perth scheme; and
(b) becomes an employee of a regional council of which the City of Perth
is a constituent municipality,
then, despite section 170B, the regional council shall, in respect of
that person, participate in and comply with the City of Perth scheme in the same
way and to the same extent as the City of Perth would be required to if the
person were its employee; unless the person elects to become a member of the
industry scheme.
(2) A person referred to in subsection (1) does not cease to be a member
of the City of Perth scheme by reason only of ceasing to be an employee of the
City of Perth.
170E. Other superannuation schemes
Nothing in this Part prevents a municipality from participating, in
respect of an employee of the municipality, in a superannuation scheme in
addition to either the industry scheme or the City of Perth scheme (as the case
may be) if the municipality and the employee agree to participate in that other
scheme.
”.
7 The Local Government Act 1995 is affected by the
Dampier to Bunbury Pipeline Act 1997 Sch. 4 cl. 36 which
reads as follows:
“
36. Payment in place of local government rates
(1) The DBNGP Land Access Minister is not liable to pay rates in respect
of land in the DBNGP corridor.
(2) A holder of rights conferred under section 34 of this Act or the
holder’s nominee approved under section 34(3) of this Act is not, as
the holder of those rights or the holder’s nominee, liable to pay
rates.
(3) The DBNGP Land Access Minister is to pay to each local government in
the district of which there is any utilized corridor land an amount equivalent
to the rates that would have been assessable in the hands of an owner holding
the fee simple in the land whose rates were assessable on the basis of
unimproved value.
(4) An amount payable under subclause (3) is to be treated for the
purposes of Part 4 of this Act as a part of the cost of administering that
Part.
(5) In this clause —
DBNGP corridor and DBNGP Land Access Minister
have the meanings given by section 27 of this Act;
rates means rates under the Local Government
Act 1995;
utilized corridor land means land in the DBNGP corridor in
respect of which rights under section 34 of this Act are held, regardless
of whether rights are held by one holder or several holders.
”.
8 The Local Government Act 1995 is also affected by
the Gas Corporation (Business Disposal) Act 1999 s. 67 which
reads as follows:
“
67. Presence of pipeline does not constitute occupation of
land
Despite anything to the contrary in the Local Government
Act 1995, land is not to be regarded as being occupied for the purposes
of that Act merely because —
(a) there is on or under that land any pipe or system of pipes for or
incidental to the transport of gas in respect of which a distribution licence
has been issued under Part 2A of the Energy Coordination
Act 1994; or
(b) a person is the holder of a distribution licence under Part 2A of
the Energy Coordination Act 1994 in respect of a distribution system
that is on or under that land.
”.
9 The Local Government (Consequential Amendments)
Act 1996 s. 7 and 8 read as follows:
“
7. Transitional matters relating to by-laws
(1) If, when this Act comes into operation —
(a) a local government has resolved to make a by-law under the Bush
Fires Act 1954, the City of Perth Parking Facilities
Act 1956 or the Health Act 1911; but
(b) the by-law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by-law
may be completed as if this Act and the Local Government Act 1995
had not come into operation.
(2) If, when this Act comes into operation —
(a) a local government has —
(i) resolved to make a by-law under the Cemeteries Act 1986,
the Control of Vehicles (Off-road areas) Act 1978 or the Dog
Act 1976; and
(ii) caused a notice of intention to submit the by-law for confirmation or
approval by the Governor to be published;
but
(b) the by-law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by-law
may be completed as if this Act and the Local Government Act 1995
had not come into operation.
(3) A by-law that is made, confirmed or approved, or published in
accordance with subsection (1) or (2) becomes a local law as soon as it is
published in the Gazette.
(4) If, when this Act comes into operation —
(a) a local government has resolved to make a by-law under the
Cemeteries Act 1986, the Control of Vehicles (Off-road areas)
Act 1978 or the Dog Act 1976; but
(b) a notice of intention to submit the by-law for confirmation or
approval by the Governor has not been published,
the resolution ceases to have effect as a resolution to make a by-law and
instead has effect as if it were a resolution under that Act as amended by this
Act proposing to make a local law to the same effect.
(5) This section ceases to operate on the day 6 months after this Act
comes into operation.
8. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations prescribing all matters
that are required, or are necessary or convenient, for dealing with that
transitional matter.
(2) Regulations made under subsection (1) may have effect before the
day on which they are published in the Gazette.
(3) To the extent that a regulation made under subsection (1) may
have effect before the day of its publication in the Gazette, it does not
—
(a) affect in a manner prejudicial to any person (other than the State or
a local government), the rights of that person existing before the day of its
publication; or
(b) impose liabilities on any person (other than the State or a local
government) in respect of anything done or omitted to be done before the day of
its publication.
(4) In subsection (1) —
transitional matter means a matter that needs to be dealt
with for the purpose of effecting the transition from the provisions of the Acts
amended by this Act as in force before this Act comes into operation to the
provisions of those Acts as in force after this Act comes into
operation.
”.
10 The Local Government Amendment Act 1998
s. 5(2)-(4) and 14(2) are transitional provisions that are of no
further effect.
11 The amendment purported to be made by the Local Government
Amendment Act 1998 s. 28 is not included because prior to its
commencement cl. 4(2) of Sch. 9.2 had been previously amended by the
Statutes (Repeals and Minor Amendments) Act 1997
s. 81(1).
12 The Local Government Amendment Act (No. 2) 1998
s. 14(3) reads as follows:
“
(3) The amendments made by this section have no effect in relation to a
notice given under section 3.49 before the commencement of this section or
anything done in consequence of such a notice.
”.
13 The Local Government Amendment Act (No. 2) 1998
s. 56 and 57 read as follows:
“
56. Extension of time for Joondalup and Wanneroo inaugural
elections
(1) In this section —
inaugural election has the meaning given by
section 4.2(2) of the Local Government Act 1995.
(2) Despite section 4.3(2) of the Local Government
Act 1995, the day fixed for any poll needed for the inaugural election
for the City of Joondalup established on 1 July 1998 may be any day
that is not later than 31 December 1999.
(3) Despite section 4.3(2) of the Local Government
Act 1995, the day fixed for any poll needed for the inaugural election
for the Shire of Wanneroo established on 1 July 1998 may be any day
that is not later than 31 December 1999.
57. Quarterly reports by Joondalup and Wanneroo
commissioners
(1) In this section —
“commissioners” has the meaning given by clause 7
of the Joondalup and Wanneroo Order 1998 published in the Gazette
on 26 June 1998.
(2) Within 14 days after the end of each quarter, the commissioners
of the City of Joondalup are to report to the Minister about the performance of
their functions.
(3) Within 14 days after the end of each quarter, the commissioners
of the Shire of Wanneroo are to report to the Minister about the performance of
their functions.
(4) The first reports under subsections (2) and (3) are to be given
to the Minister after the quarter ending on 31 March 1999.
(5) The Minister is to cause each report to be laid before each House of
Parliament on the next sitting day of that House after the Minister receives
it.
(6) If because a House of Parliament is not sitting, a report can not be
laid before that House within 7 days after the Minister receives it, the
Minister, within that time, is to —
(a) give a copy of the report to the Clerk of that House; and
(b) cause the report to be printed and made available to the
public.
(7) A copy of the report given to the Clerk of a House under
subsection (6) is to be laid before that House on its next sitting
day.
”.
14 The Perth Parking Management (Consequential Provisions)
Act 1999 s. 5(2) reads as follows:
“
(2) The following are to be credited to the continued parking
fund —
(a) any revenue, charge, fine or other penalty that became payable under
the repealed Act, and that is paid after the Act was repealed but before
1 May 1999;
(b) despite section 6.7 of the Local Government Act 1995,
revenue received by the City of Perth before 1 May 1999 under the
continued local laws;
(c) despite section 6.7 of the Local Government Act 1995,
all charges, fines and other penalties paid to or recovered by the City of Perth
before 1 May 1999 under the continued local laws.
”.
15 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as follows:
“
(1) If this Act receives the Royal Assent before the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act comes into operation at the same time as that Schedule comes into
operation.
(2) If this Act receives the Royal Assent on or after the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act is deemed to have come into operation at the same time as that Schedule
comes into operation.
In this Part —
Financial Services Reform Act means the Financial
Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule 1 to
the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by-law.
(1) This section applies if this Act comes into operation under
section 2(2).
(2) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent that could have been done if
this Act had received the Royal Assent before the FSR commencement time is taken
to be as valid and lawful, and to always have been as valid and lawful, as it
would have been if this Act had received the Royal Assent before the FSR
commencement time.
(3) Anything done or omitted to have been done by a person after the FSR
commencement time and before this Act received the Royal Assent that would have
been valid and lawful if the Financial Services Reform Act had not commenced, is
taken to be valid and lawful.
(4) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent —
(a) that could only have been validly and lawfully done or omitted because
this Act received the Royal Assent after the FSR commencement time;
and
(b) that could not have been validly and lawfully done or omitted if this
Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.
”.
16 The Local Government Amendment Act 2004
s. 30(2) reads as follows:
“
(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 4.1B of that Act as inserted by subsection (1) do not apply in respect
of that election, referendum or other poll.
”.
17 The Local Government Amendment Act 2004
s. 67(6) reads as follows:
“
(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.
”.
18 The Local Government Amendment Act 2004
s. 14, which gives effect to Sch. 2, reads as follows:
“
14. Transitional and validation provisions —
Schedule 2
Schedule 2 has effect.
”.
Schedule 2 reads as follows:
“
Schedule 2 — Transitional
and validation provisions — WALGA
[s. 14]
1. Interpretation
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 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.
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 —
(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
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 section 9.58, may be brought or continued and
are available, by or against or to WALGA;
(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.
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
(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; 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.
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 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.
”.
19 The Local Government Amendment Act 2004
s. 73(3) reads as follows:
“
73. Schedule 9.3 amended and validation
(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 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.
”.
20 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
21 The State Administrative Tribunal
Regulations 2004 r. 56 reads as follows:
“
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 76 comes into operation;
the LG Act means the Local Government
Act 1995.
(2) If a local government receives, before the commencement day, a notice
in accordance with the LG Act section 6.77 (as in force when the notice was
received by the local government) but does not before the commencement day refer
the decision referred to in the notice to a Land Valuation Tribunal as an
appeal, on and after the commencement day the local government must refer the
notice to the State Administrative Tribunal and the notice is to be taken to be
an application to the Tribunal for a review of the decision under the LG Act
section 6.77.
(3) If a local government receives, before the commencement day, a notice
in accordance with the LG Act section 6.78 (as in force when the notice was
received by the local government) but does not before the commencement day refer
the decision referred to in the notice to a Land Valuation Tribunal as an
appeal, on and after the commencement day the local government must refer the
notice to the State Administrative Tribunal and the notice is to be taken to be
an application to the Tribunal for a review of the decision under the LG Act
section 6.78.
”.
22 References to the Executive Director were replaced by
references to the Departmental CEO, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 12 Div. 3.
Section 454 of that Act is a general transitional provision that applies to
references to the Executive Director in written laws.
23 On the date as at which this compilation was prepared, the
Local Government Amendment Act 2004 s. 19(2), 20 and 38(3) had
not come into operation. They read as follows:
“
Part 4 — Other
amendments
19. Section 2.25 amended
(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,
”.
20. Section 2.27 amended, consequential amendment and transitional
provision
(1) Section 2.27(4)(a) is amended by deleting “28” and
inserting instead —
“ 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
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 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 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 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 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.
38. Section 4.48 amended
(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 on, or before, election day
”.
”.
24 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 28 was repealed by the Criminal Law and Evidence
Amendment Act 2008 s. 77(13).
25-27 Footnote
no longer applicable.
28 On the date as at which this
compilation was prepared, the Local Government Amendment Act 2009
s. 3 and Pt. 2-8 had not come into operation. They read as
follows:
This Act amends the Local Government Act 1995.
Part 2 — Amendments about introductory
matters and the constitution of local government
4. Section 2.7
amended
In section 2.7(1)(a) delete “directs and controls” and
insert:
governs
5. Section 2.25
amended
(1) In section 2.25(2) delete “Minister.” and
insert:
Minister, unless all of the meetings are within a period of
3 months.
(2) After section 2.25(2) insert:
(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.
(3) In section 2.25(4):
(a) delete “first”;
(b) delete “council.” and insert:
council, unless all of the meetings are within a 2 month
period.
(4) After section 2.25(4) insert:
(5A) If a council holds 3 or more ordinary meetings within a 2 month
period, and a member is absent without leave 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.
(5) In section 2.25(5)(b):
(a) delete “while” (first occurrence);
(b) at the beginning of subparagraph (i) insert:
while
(c) after subparagraph (ii) insert:
(iiia) while the member is suspended under section 5.117(1)(a)(iv);
or
(d) after subparagraph (i) insert:
or
(6) After section 2.25(5) insert:
(6) A member who before the commencement of the Local Government
Amendment Act 2009 section 5 was 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.
6. Section 2.27
amended
(1) In section 2.27(4)(a) delete “28” and
insert:
14
(2) In section 2.27(6) delete paragraph (b) and all of the
subsection after it and insert:
(b) applies to the State Administrative Tribunal asking for a declaration
as to whether or not the 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.
(3) After section 2.27(6) insert:
(7A) If subsection (6) applies to a member the CEO is to give the
member a written notice to that effect.
(4) In section 2.27(7) delete “A person other than the
CEO” and insert:
The CEO or any other person
(5) After section 2.27(9) insert:
(10) This section as in force immediately before the commencement of the
Local Government Amendment Act 2009 section 6 applies to and in
respect of a notice given under section 2.27(3) before that
commencement.
7. Section 2.39
amended
(1) In section 2.39 delete “A commissioner” and
insert:
(1) A commissioner
(2) At the end of section 2.39 insert:
(2) Subsection (1) does not prevent the appointment of a person under
Schedule 2.4 clause 4 to fill a vacancy in the office of
commissioner.
Part 3 — Amendments about functions of
local governments
8. Section 3.27
amended
(1) After section 3.27(1) insert:
(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.
(2) After section 3.27(3) insert:
(4A) For the purposes of subsection (3), planting pasture on land for
grazing does not amount to cultivating the land.
9. Section 3.47
amended
In section 3.47(2b):
(a) after paragraph (b) delete “and”;
(b) after paragraph (b) insert:
(ca) for prescribed non-perishable goods —
one month;
10. Section 3.58
amended
(1) After section 3.58(3)(a)(i) insert:
and
(2) In section 3.58(4):
(a) delete paragraph (c) and insert:
(c) the market value of the disposition —
(i) as ascertained by a valuation carried out not more than 6 months
before the proposed disposition; or
(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 government believes to be a true indication of the value at the
time of the proposed disposition.
(b) after paragraph (a) insert:
and
(3) In section 3.58(5):
(a) delete paragraph (a) and insert:
(a) a disposition of an interest in land under the Land Administration
Act 1997 section 189 or 190; or
(b) after paragraph (b) insert:
or
11. Section 3.64
amended
In section 3.64(d) after “members” insert:
and deputy members
Part 4 — Amendments about elections and
other polls
12. Section 4.17
amended
(1) In section 4.17(3) delete all the words before “the council
may,” and insert:
If a councillor’s office becomes vacant under section 2.32 and
under subsection (4A) this subsection applies,
(2) After section 4.17(3) insert:
(4A) Subsection (3) applies —
(a) if —
(i) the office is for a district that has no wards; and
(ii) at least 80% of the number of offices of member of the council in the
district are still filled;
or
(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.
13. Section 4.30
amended
(1) In section 4.30(1):
(a) delete paragraph (c) and insert:
(c) has made a successful eligibility claim that still has effect under
section 4.33.
(b) after paragraph (a) insert:
and
(2) After section 4.30(2) insert:
(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 an
election held less than 50 days after the commencement of the Local
Government Amendment Act 2009 section 13 is eligible to vote at that
election.
14. Section 4.32
amended
(1) In section 4.32(4) delete “Within” and
insert:
Except as provided for in subsection (5A), within
(2) After subsection (4) insert:
(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), the CEO is to decide whether to accept or
reject the claim before the close of nominations.
15. Section 4.33
amended
(1) Delete section 4.33(1a) and (2) and insert:
(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
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 —
(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,
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 the suspension of the council
of the local government is to be regarded as having been held on that
day.
(2) In section 4.33(3) delete “subclause (1a)” and
insert:
subsection (2A) or (2B)
16. Section 4.43
amended
In section 4.43(3b) after “altered” insert:
under this section or section 4.44A
After section 4.43 insert:
(1) The returning officer may alter the owners and occupiers roll by
including the name of an elector 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 roll described in
subsection (1) and the CEO is to comply with that direction.
18. Section 4.48
amended
Delete section 4.48(2) and insert:
(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 of enrolments and at the time of nomination, was qualified under
section 2.19 to be elected as a member of the council.
19. Section 4.59
amended
In section 4.59:
(a) in paragraph (b) delete “candidates.” and insert:
candidates; and
(b) after paragraph (b) insert:
(c) the provision of information as to expenditure incurred in relation to
an election by or for the benefit of candidates.
Part 5 — Amendments about
administration
After section 5.10 insert:
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.
(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 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 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.
(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.
21. Section 5.36
amended
(1) In section 5.36(4) delete “If” and insert:
Unless subsection (5A) applies, if
(2) After section 5.36(4) insert:
(5A) Subsection (4) does not require a position to be advertised if
it is proposed that the position be filled by a person in a prescribed
class.
22. Section 5.37
amended
(1) In section 5.37(3) delete “If” and insert:
Unless subsection (4A) applies, if
(2) After section 5.37(3) insert:
(4A) Subsection (3) does not require a position to be advertised if
it is proposed that the position be filled by a person in a prescribed
class.
23. Section 5.43
amended
In section 5.43:
(a) after paragraph (g) insert:
(ha) the power under section 9.49A(4) to authorise a person to sign
documents on behalf of the local government;
(b) after paragraph (h) delete “or”.
24. Section 5.47
replaced
Delete section 5.47 and insert:
5.47. Superannuation
regulations
The Governor may make regulations about any matter relating to the
provision of superannuation by a local government.
25. Section 5.48
amended
In section 5.48(1) delete the definition of employee
and insert:
employee includes an employee of WALGA;
26. Section 5.62
amended
In section 5.62(1):
(a) after paragraph (ea) insert:
(eb) the relevant person is a council member and since the relevant person
was last elected the person —
(i) gave to the relevant person a gift that section 5.82
requires the relevant person to disclose; or
(ii) made a contribution to travel undertaken by the relevant person that
section 5.83 requires the relevant person to disclose;
or
(b) after each of paragraphs (a) to (e) insert:
or
27. Section 5.63
amended
In section 5.63(1)(b) delete “arising from” and
insert:
in
28. Section 5.78
amended
Delete section 5.78(2)(b) and insert:
(b) disclose the actual value, amount or extent of any asset, income,
interest, debt or disposition referred to in section 5.79, 5.80, 5.81,
5.84, 5.85 or 5.86.
29. Section 5.82
amended
In section 5.82(1) after “description” insert:
and the amount
30. Section 5.83
amended
Delete section 5.83(1) and insert:
(1) A relevant person is to disclose in an annual return —
(a) the description and the amount of each financial or other contribution
that has been made to any travel undertaken by the person at any time during the
return period; and
(b) the name and address of the person who made each contribution to which
paragraph (a) applies.
31. Section 5.96
amended
In section 5.96 delete “information and” and insert:
information and, unless regulations prescribe otherwise,
32. Part 5
Division 8 heading replaced
Delete the heading to Part 5 Division 8 and insert:
Division 8 — Local
government payments and gifts to its members
33. Section 5.98
amended
After section 5.98(1) insert:
(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
(b) where the local government has set a fee within the prescribed range
for meetings of that type, that fee.
After section 5.99A insert:
5.100A. Gifts
to council members
A local government cannot give a gift to a council member
unless —
(a) the gift is given in prescribed circumstances; and
(b) the value of the gift is less than a prescribed amount.
After section 5.101 insert:
5.101A. Regulations
about payment of expenses
Regulations may be made about the method of payment of an expense for
which a person can be reimbursed.
Part 6 — Amendments about financial
management
36. Section 6.14
amended
In section 6.14(2):
(a) delete paragraphs (a) and (b);
(b) after paragraph (c) insert:
and
37. Section 6.25
amended
In section 6.25 insert in alphabetical order:
owner —
(a) in relation to land in a retirement village as 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; or
(iii) a trustee, executor, administrator, attorney or agent of a person
mentioned in this paragraph who is in possession of the land;
(b) otherwise has the meaning given in section 1.4;
38. Section 6.29
replaced
Delete section 6.29 and insert:
6.29. Valuation
and rates on mining and petroleum interests
(1) In this section —
relevant interest means —
(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
(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 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 —
(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 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 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 Local Government Amendment
Act 2009 section 38; and
(b) specifically applies to the particular relevant interest.
39. Section 6.33
amended
(1) In section 6.33(1):
(a) in paragraph (a) delete “zoned” and insert:
zoned, whether or not
(b) in paragraph (b) delete “the predominant” and insert:
a
(2) After section 6.33(4) insert:
(5) A differential general rate that a local government purported to
impose under this Act before the Local Government Amendment Act 2009
section 39(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.
40. Section 6.68
amended
Delete section 6.68(2) and insert:
(2) A local government is not required to attempt under 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 exceed the value of the land; or
(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 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.
41. Section 8.2
amended
(1) In section 8.2(1) delete “local government” (first
occurrence) and insert:
local government, a member of a council, a CEO or an employee
(2) Delete section 8.2(2) and insert:
(2) A person who fails to comply with a notice under subsection (1)
commits an offence.
42. Section 9.16
amended
(1) After section 9.16(1) insert:
(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 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) insert:
(3) An infringement notice given before the commencement of the Local
Government Amendment Act 2009 section 42(1) and purporting to be under
this section is to be taken to have been as valid as if the amendment made by
that subsection had been made before the notice was given.
43. Sections 9.49A
and 9.49B inserted
At the beginning of Part 9 Division 3 insert:
(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) 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 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
(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 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 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.
(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 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.
(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 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 to the contract.
(3) Subsection (1) does not prevent a local government from making,
varying or discharging a contract under its common seal.
44. Various
references to “Executive Director” amended
In the provisions listed in the Table delete “Executive
Director” (each occurrence) and insert:
Departmental CEO
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) |
|
s. 5.114(1) and (2) |
s. 5.115(1) and (2) |
|
s. 5.116(1), (2), (3), (4), (5) and (6) |
s. 5.117(4) and (5) |
|
s. 5.118(2) |
s. 5.119(1) |
|
s. 9.69A |
|
In Schedule 2.5 clause 7(10) delete “procedure.”
and insert:
procedure, and other procedure and practice.
In Schedule 3.1 Division 1:
(a) after item 5A insert:
5B. Ensure that graffiti that is —
(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,
is obliterated in a manner acceptable to the local government.
(b) delete item 6 and insert:
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.
In Schedule 3.2:
(a) in item 7 delete “(The cost cannot then be recovered from
the owner.)”;
(b) after item 7 insert:
8. Obliterate graffiti that is visible from a public place and that has
been applied without the consent of the owner or occupier.
Part 8 — Consequential
amendments
48. Local
Government Amendment Act 2004 amended
(1) This section amends the Local Government Amendment
Act 2004.
(2) Delete section 19(2).
(3) Delete section 20.
(4) Delete section 38(3).
29 On the date as at which this compilation was prepared, the
Co-operatives Act 2009 s. 506 and 516 had not come into
operation. They read as follows:
506. Local Government Act 1995 amended
(1) This section amends the Local Government
Act 1995.
(2) In section 6.26(2)(i) delete “company” (each
occurrence) and insert:
co-operative
(3) In section 6.26(3) delete “company” and
insert:
co-operative
516. Local Government Act 1995 amended
(1) This section amends the Local Government
Act 1995.
(2) In section 5.74 in the definition of
corporation:
(a) delete paragraph (d) and “or” after it;
(b) after each of paragraphs (a) and (b) insert:
or