LOCAL GOVERNMENT ACT 1995 - SECT 5.63
LOCAL GOVERNMENT ACT 1995 - SECT 5.63
5.63 . Some interests need not be disclosed
(1) Sections 5.65,
5.70 and 5.71 do not apply to a relevant person who has any of the following
interests in a matter —
(a) an
interest common to a significant number of electors or ratepayers; or
(b) an
interest in the imposition of any rate, charge or fee by the local government;
or
(c) an
interest relating to —
(i)
a fee, reimbursement of an expense or an allowance to
which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; or
(ii)
a gift permitted by section 5.100A; or
(iii)
reimbursement of an expense that is the subject of
regulations made under section 5.101A; or
(iv)
a fee or reimbursement of an expense in accordance with a
policy adopted by the local government under section 5.129;
or
(d) an
interest relating to the pay, terms or conditions of an employee unless
—
(i)
the relevant person is the employee; or
(ii)
either the relevant person’s spouse, de facto
partner or child is the employee if the spouse, de facto partner or child is
living with the relevant person;
or
[(e) deleted]
(f) an
interest arising only because the relevant person is, or intends to become, a
member or office bearer of a body with non-profit making objects; or
(g) an
interest arising only because the relevant person is, or intends to become, a
member, office bearer, officer or employee of a department of the Public
Service of the State or Commonwealth or a body established under this Act or
any other written law; or
(h) a
prescribed interest.
(2) If a relevant
person has a financial interest because the valuation of land in which the
person has an interest may be affected by —
(a) any
proposed change to a planning scheme for any area in the district; or
(b) any
proposed change to the zoning or use of land in the district; or
(c) the
proposed development of land in the district,
then, subject to
subsection (3) and (4), the person is not to be treated as having an interest
in a matter for the purposes of sections 5.65, 5.70 and 5.71.
(3) If a relevant
person has a financial interest because the valuation of land in which the
person has an interest may be affected by —
(a) any
proposed change to a planning scheme for that land or any land adjacent to
that land; or
(b) any
proposed change to the zoning or use of that land or any land adjacent to that
land; or
(c) the
proposed development of that land or any land adjacent to that land,
then nothing in this
section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant
person.
(4) If a relevant
person has a financial interest because any land in which the person has any
interest other than an interest relating to the valuation of that land or any
land adjacent to that land may be affected by —
(a) any
proposed change to a planning scheme for any area in the district; or
(b) any
proposed change to the zoning or use of land in the district; or
(c) the
proposed development of land in the district,
then nothing in this
section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant
person.
(5) A reference in
subsection (2), (3) or (4) to the development of land is a reference to the
development, maintenance or management of the land or of services or
facilities on the land.
[Section 5.63 amended: No. 1 of 1998 s. 15; No. 64
of 1998 s. 32; No. 28 of 2003 s. 111; No. 49 of 2004 s. 52; No. 17 of 2009
s. 27; No. 26 of 2016 s. 12; No. 11 of 2023 s. 70.]
[ 5.64. Deleted: No. 28 of 2003 s. 112.]