Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 1 August 2008 of the
Local Government (Miscellaneous Provisions) Act 1960 and includes the
amendments made by the other written laws referred to in the following
table 1a, 6, 7. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Local Government Act 1960
8 |
84 of 1960 |
20 Dec 1960 |
1 Jul 1961 (see s. 2
and Gazette 10 Feb 1961 p. 385) |
|
Local Government Act Amendment
Act 1961 |
72 of 1961 |
28 Nov 1961 |
28 Nov 1961 |
|
Local Government Act Amendment
Act 1962 |
38 of 1962 |
29 Oct 1962 |
29 Oct 1962 |
|
Local Government Act Amendment Act (No. 2)
1963 |
68 of 1963 |
17 Dec 1963 |
17 Dec 1963 |
|
Local Government Act Amendment Act
(No. 2) 1964 2 |
90 of 1964 |
14 Dec 1964 |
1 Feb 1965 (see s. 2 and Gazette
15 Jan 1965 p. 289) |
|
Local Government Act Amendment
Act 1965 |
32 of 1965 |
21 Oct 1965 |
21 Oct 1965 |
|
Local Government Act Amendment Act
(No. 3) 1965 |
63 of 1965 |
19 Nov 1965 |
19 Nov 1965 |
|
Local Government Act Amendment Act
(No. 2) 1965 |
70 of 1965 |
25 Nov 1965 |
25 Nov 1965 |
|
Local Government Act Amendment Act
(No. 4) 1965 |
82 of 1965 |
7 Dec 1965 |
7 Dec 1965 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see
s. 2(1)); |
|
|
Local Government Act Amendment Act
(No. 2) 1966 |
83 of 1966 |
12 Dec 1966 |
12 Dec 1966 |
|
Local Government Act Amendment
Act 1966 |
96 of 1966 |
12 Dec 1966 |
13 Jan 1967 (see s. 2 and Gazette
13 Jan 1967 p. 35) |
|
Local Government Act Amendment
Act 1967 |
32 of 1967 |
17 Nov 1967 |
Act other than s. 24 and 26: 22 Dec 1967 (see
s. 2 and Gazette 22 Dec 1967
p. 3531); |
|
Reprint of the Local Government Act 1960
approved 3 May 1968 (not in a Volume) (includes amendments listed
above) |
|||
|
Local Government Act Amendment
Act 1968 |
21 of 1968 |
16 Oct 1968 |
16 Oct 1968 |
|
Local Government Act Amendment
Act 1969 |
35 of 1969 |
19 May 1969 |
19 May 1969 |
|
Local Government Act Amendment Act
(No. 4) 1969 |
83 of 1969 |
17 Nov 1969 |
12 Dec 1969 (see s. 2 and Gazette
12 Dec 1969 p. 4001) |
|
Local Government Act Amendment Act
(No. 5) 1969 |
107 of 1969 |
25 Nov 1969 |
23 Jan 1970 (see s. 2 and Gazette
23 Jan 1970 p. 138) |
|
Local Government Act Amendment
Act 1970 |
16 of 1970 |
29 Apr 1970 |
29 Apr 1970 |
|
Acts Amendment (Commissioner of State Taxation)
Act 1970 Pt. V |
21 of 1970 |
8 May 1970 |
1 Jul 1970 (see s. 2 and Gazette
26 Jun 1970 p. 1831) |
|
Local Government Act Amendment Act
(No. 2) 1970 |
49 of 1970 |
8 Oct 1970 |
8 Oct 1970 |
|
Local Government Act Amendment Act
(No. 5) 1970 |
80 of 1970 |
30 Nov 1970 |
12 Feb 1971 (see s. 2 and Gazette
12 Feb 1971 p. 379) |
|
Local Government Act Amendment Act
(No. 6) 1970 |
120 of 1970 |
10 Dec 1970 |
10 Dec 1970 |
|
Local Government Act Amendment
Act 1971 |
66 of 1971 |
22 Dec 1971 |
22 Dec 1971 |
|
Age of Majority Act 1972
s. 6(2) |
46 of 1972 |
18 Sep 1972 |
1 Nov 1972 (see s. 2 and Gazette
13 Oct 1972 p. 4069) |
|
Local Government Act Amendment Act
(No. 3) 1972 |
81 of 1972 |
20 Nov 1972 |
2 Mar 1973 (see s. 2 and Gazette
2 Mar 1973 p. 573) |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see First Sch. 9)
took effect on 1 Jul 1973 (see s. 4(2) and
Gazette 4 May 1973 p. 1110). Relevant amendments (see
Third Sch. 10) took effect on 8 Feb 1974 (see
s. 4(2) and Gazette 8 Feb 1974
p. 354) |
|
|
Acts Amendment (Road Safety and Traffic)
Act 1973 Pt. II |
12 of 1973 |
25 May 1973 |
26 Oct 1973 (see s. 2 and Gazette
26 Oct 1973 p. 4049) |
|
Local Government Act Amendment Act
(No. 2) 1973 |
21 of 1973 |
6 Jun 1973 |
6 Jun 1973 |
|
Reprint of the Local Government Act 1960
approved 9 Aug 1973 (includes amendments listed above except those
in the Metric Conversion Act 1972 Third Sch.) |
|||
|
Local Government Act Amendment Act
(No. 3) 1973 |
74 of 1973 |
17 Dec 1973 |
1 Apr 1975 (see s. 2 and Gazette
20 Dec 1974 p. 5591) |
|
Local Government Act Amendment Act
(No. 4) 1973 |
105 of 1973 |
4 Jan 1974 |
5 Apr 1974 (see s. 2 and Gazette
5 Apr 1974 p. 1180) |
|
Ministers of the Crown (Statutory Designations) and Acts
Amendment Act 1974 Pt. IV |
27 of 1974 |
29 Oct 1974 |
1 Dec 1974 (see s. 2 and Gazette
6 Dec 1974 p. 5204) |
|
Local Government Act Amendment
Act 1974 |
65 of 1974 |
9 Dec 1974 |
s. 1, 2 and 26: 9 Dec 1974 (see
s. 2(2)); |
|
Local Government Act Amendment
Act 1975 |
36 of 1975 |
16 May 1975 |
16 May 1975 |
|
Local Government Act Amendment Act
(No. 2) 1975 |
65 of 1975 |
24 Oct 1975 |
s. 1-8 and 10-17: 12 Dec 1975 (see
s. 2 and Gazette 12 Dec 1975 p. 4483-4);
|
|
Local Government Act Amendment Act
(No. 3) 1975 |
78 of 1975 |
14 Nov 1975 |
1 Jul 1976 (see s. 2 and Gazette
12 Dec 1975 p. 4484) |
|
Local Government Act Amendment Act
(No. 4) 1976 |
30 of 1976 |
9 Jun 1976 |
9 Jun 1976 |
|
Local Government Act Amendment Act
(No. 3) 1976 |
46 of 1976 |
10 Sep 1976 |
24 Dec 1976 (see s. 2 and Gazette
24 Dec 1976 p. 5029) |
|
Local Government Act Amendment Act
(No. 5) 1976 |
97 of 1976 |
12 Nov 1976 |
Act other than s. 3, 6, 13-15, 22-25 and 29-32:
12 Nov 1976 (see s. 2(1)); |
|
Local Government Act Amendment Act
(No. 6) 1976 |
124 of 1976 |
2 Dec 1976 |
4 Mar 1977 (see s. 2 and Gazette
4 Mar 1977 p. 652) |
|
Acts Amendment (Pensioners Rates Rebates and Deferments)
Act 1977 Pt. I |
5 of 1977 |
30 Sep 1977 |
1 Jul 1977 (see s. 2) |
|
Local Government Act Amendment
Act 1977 |
7 of 1977 |
30 Sep 1977 |
30 Sep 1977 |
|
Reprint of the Local Government Act 1960
approved 21 Nov 1977 (includes amendments listed
above) |
|||
|
Local Government Act Amendment Act
(No. 2) 1977 |
56 of 1977 |
23 Nov 1977 |
Act other than s. 11: 23 Nov 1977 (see
s. 2(1)); |
|
Local Government Act Amendment Act
(No. 2) 1978 |
31 of 1978 |
22 May 1978 |
22 May 1978 |
|
Acts Amendment and Repeal (Valuation of Land)
Act 1978 Pt. X |
76 of 1978 |
20 Oct 1978 |
1 Jul 1979 (see s. 2
and Gazette 11 May 1979 p. 1211) |
|
Local Government Act Amendment Act
(No. 3) 1978 |
82 of 1978 |
27 Oct 1978 |
Act other than s. 12: 27 Oct 1978 (see
s. 2(1)); |
|
Mining Act 1978 s. 3 |
107 of 1978 |
8 Dec 1978 |
1 Jan 1982 (see s. 2(2) and
Gazette 11 Dec 1981 p. 5085) |
|
Local Government Act Amendment Act
(No. 3) 1979 |
57 of 1979 |
12 Nov 1979 |
12 Nov 1979 |
|
Local Government Act Amendment Act 1979
11 |
61 of 1979 |
12 Nov 1979 |
3 Apr 1980 (see s. 2 and Gazette
3 Apr 1980 p. 1043) |
|
Local Government Act Amendment Act
(No. 4) 1979 |
100 of 1979 |
21 Dec 1979 |
21 Dec 1979 |
|
Local Government Amendment
Act 1980 |
68 of 1980 |
26 Nov 1980 |
Act other than s. 3 and 14-26: 26 Nov 1980
(see s. 2(1)); |
|
Local Government Amendment Act
(No. 2) 1981 |
24 of 1981 |
26 May 1981 |
26 May 1981 |
|
Local Government Amendment
Act 1981 |
27 of 1981 |
26 May 1981 |
13 Nov 1981 (see s. 2 and Gazette
13 Nov 1981 p. 4677) |
|
Local Government Amendment Act (No. 3) 1981
12 |
60 of 1981 |
13 Oct 1981 |
s. 6: 26 May 1981
(see s. 2(2)); |
|
Companies (Consequential Amendments) Act 1982
s. 28 |
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and
Gazette 25 Jun 1982 p. 2079) |
|
Local Government Amendment
Act 1982 |
43 of 1982 |
27 May 1982 |
s. 4 and 5: 12 Nov 1979 (see
s. 2(2)); |
|
Local Government Amendment Act
(No. 3) 1982 |
62 of 1982 |
28 Sep 1982 |
Act other than s. 6: 28 Sep 1982 (see
s. 2(1)); |
|
Local Government Amendment Act (No. 4) 1982
13 |
103 of 1982 |
24 Nov 1982 |
Act other than s. 4-13: 24 Nov 1982 (see
s. 2(1)); |
|
Reprint of the Local Government Act 1960
approved 24 Jun 1983 (includes amendments listed above except
those in the Local Government Amendment Act 1982
s. 6) |
|||
|
Local Government Amendment
Act 1983 |
6 of 1983 |
11 Aug 1983 |
11 Aug 1983 |
|
Acts Amendment (Asbestos Related Diseases)
Act 1983 Pt. VI |
84 of 1983 |
22 Dec 1983 |
19 Jan 1984 (see s. 2) |
|
Local Government Amendment
Act 1984 |
17 of 1984 |
31 May 1984 |
1 Jul 1984 (see s. 2 and Gazette
29 Jun 1984 p. 1754) |
|
Acts Amendment (Mining Tenements) (Rating)
Act 1984 Pt. II |
25 of 1984 |
31 May 1984 |
s. 5(1): 1 Jan 1982
(see s. 2(2)); |
|
Local Government Amendment Act
(No. 2) 1984 14 |
42 of 1984 |
20 Jun 1984 |
s. 1-2 and 31-62: 20 Jun 1984 (see
s. 2(1)); |
|
Acts Amendment (Local Government Electoral Provisions)
Act 1984 Pt. II |
79 of 1984 |
14 Nov 1984 |
20 Mar 1985
(see s. 2(2)) |
|
Local Government Amendment
Act 1985 15, 16 |
35 of 1985 |
6 May 1985 |
s. 1 and 2:
6 May 1985; |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2
and Gazette 30 Jun 1986 p. 2255) |
|
Local Government Amendment Act (No. 2) 1985
17 |
99 of 1985 |
4 Dec 1985 |
s. 1 and 2:
4 Dec 1985; |
|
Local Government Amendment Act (No. 3) 1985
18 |
105 of 1985 |
7 Dec 1985 |
7 Dec 1985 (see s. 2) |
|
Commercial Arbitration Act 1985
s. 3(1) |
109 of 1985 |
7 Dec 1985 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Local Government Amendment Act 1986 19,
20 |
9 of 1986 |
15 Jul 1986 |
Act other than s. 5: 1 Jul 1986
(see s. 2(1)); |
|
Town Planning and Development Amendment Act 1986
s. 13 21 |
26 of 1986 |
29 Jul 1986 |
29 Jul 1986
(see s. 2(1)) |
|
Local Government Amendment Act 1987 22,
23 |
42 of 1987 |
3 Jul 1987 |
s. 23-25 and 36: 1 Jul 1987
(see s. 2(2)); |
|
Acts Amendment (Land Administration) Act 1987
Pt. XIII |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette
16 Sep 1988 p. 3637) |
|
Local Government Amendment Act 1988
24 |
10 of 1988 |
6 Jul 1988 |
Act other than s. 4-7, 9 and 10: 6 Jul 1988
(see s. 2(1)); |
|
Local Government Amendment Act
(No. 2) 1988 |
39 of 1988 |
30 Nov 1988 |
s. 1 and 2:
30 Nov 1988; |
|
R & I Bank Act 1990
s. 45(1) |
73 of 1990 |
20 Dec 1990 |
1 Jan 1991 (see s. 2(2) and
Gazette 28 Dec 1990 p. 6369) |
|
Building and Construction Industry Training Fund and Levy
Collection Act 1990 s. 33 |
76 of 1990 |
20 Dec 1990 |
1 Jul 1991 (see s. 2
and Gazette 28 Jun 1991 p. 3101) |
|
Acts Amendment (Heritage Council) Act 1990
Pt. 2 Div. 3 |
97 of 1990 |
22 Dec 1990 |
25 Feb 1991 (see s. 2 and Gazette
22 Feb 1991 p. 868) |
|
Local Government Amendment Act (No. 2) 1990
25 |
100 of 1990 |
22 Dec 1990 |
s. 1 and 2:
22 Dec 1990; |
|
Reserves and Land Revestment Act 1991
s. 23 |
57 of 1991 |
17 Dec 1991 |
17 Dec 1991 (see s. 2) |
|
31 of 1992 |
19 Jun 1992 |
1 Jul 1992 (see s. 2 and Gazette
26 Jun 1992 p. 2643) |
|
|
Local Government (Superannuation) Amendment and Repeal
Act 1993 Pt. 2 26 |
2 of 1993 |
18 Aug 1993 |
1 Jul 1993 (see s. 2) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Annual Valuations and Land Tax)
Act 1993 s. 13 27, 28 |
17 of 1993 |
29 Nov 1993 |
29 Nov 1993 (see s. 2) |
|
Plant Diseases Amendment Act 1993
s. 20 |
40 of 1993 |
20 Dec 1993 |
24 Jun 1994 (see s. 2 and Gazette
24 Jun 1994 p. 2819) |
|
R & I Bank Amendment Act 1994
s. 13 |
6 of 1994 |
11 Apr 1994 |
26 Apr 1994 (see s. 2(2) and
Gazette 26 Apr 1994 p. 1743) |
|
Local Government Amendment Act 1994
29 |
27 of 1994 |
23 Jun 1994 |
1 Jul 1994 (see s. 2) |
|
Local Government (Superannuation) Legislation Amendment
Act 1994 Pt. 2 30 |
60 of 1994 |
7 Nov 1994 |
24 Dec 1994 (see s. 2 and Gazette
23 Dec 1994 p. 7070) |
|
Acts Amendment (Local Government and Valuation of Land)
Act 1994 Pt. 2 31 |
69 of 1994 |
9 Dec 1994 |
s. 3-6: 9 Dec 1994 (see s. 2(1));
|
|
Local Government Amendment (Elections) Act 1994
Pt. 2 |
70 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Energy Corporations (Transitional and Consequential
Provisions) Act 1994 s. 109 |
89 of 1994 |
15 Dec 1994 |
1 Jan 1995 (see s. 2(2) and
Gazette 23 Dec 1994 p. 7069) |
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 13 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and
Gazette 30 Dec 1994 p. 7211) |
|
Planning Legislation Amendment Act
(No. 2) 1994 s. 46(1)-(4) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette
21 Feb 1995 p. 567) |
|
14 of 1995 |
4 Jul 1995 |
1 Dec 1995 (see s. 2(3) and Gazette
29 Nov 1995 p. 5529) |
|
|
Local Government Amendment
Act 1995 |
18 of 1995 |
4 Jul 1995 |
4 Jul 1995 (see s. 2) |
|
34 of 1995 |
29 Sep 1995 |
1 Jul 1997 (see s. 2
and Gazette 20 Jun 1997 p. 2805) |
|
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
Local Government Act 1995 s. 9.70
32 |
74 of 1995 |
9 Jan 1996 |
1 Jul 1996 (see s. 1.2) |
|
Sentencing (Consequential Provisions) Act 1995
s. 68 (item relating to s. 399(3)) 33 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 34, 35 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Reprint of the Local Government (Miscellaneous
Provisions) Act 1960 as at 18 Sep 1996 (includes
amendments listed above except those in the Caravan Parks and Camping Grounds
Act 1995 and the Sentencing (Consequential Provisions)
Act 1995) |
|||
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Home Building Contracts Amendment Act 1996
s. 7 |
72 of 1996 |
13 Nov 1996 |
1 Feb 1997 (see s. 2 and Gazette
24 Jan 1997 p. 543) |
|
Transfer of Land Amendment Act 1996
s. 153(1) and (2) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 40 and s. 142 36 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 83 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Local Government Amendment Act 1998
s. 29 |
1 of 1998 |
26 Mar 1998 |
26 Mar 1998
(see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 46(1), (5) and (6) 37 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Reprint of the Local Government (Miscellaneous
Provisions) Act 1960 as at 28 Jul 1999 (includes
amendments listed above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 23 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Home Building Contracts Amendment Act 2002
s. 21 |
37 of 2002 |
20 Nov 2002 |
20 Nov 2002 (see s. 2) |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 77 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 38 |
59 of 2004 (as amended by No. 2 of 2008
s. 77(9)) |
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. 75 39,
40 |
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 s. 80 41 |
84 of 2004 (as amended by No. 2 of 2008
s. 78(2)(d)) |
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 7: The Local Government (Miscellaneous
Provisions) Act 1960 as at 16 Sep 2005 (includes
amendments listed above) |
|||
|
Limitation Legislation Amendment and Repeal
Act 2005 s. 23 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(1)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 Pt. 2
Div. 3 42 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Liquor and Gaming Legislation Amendment Act 2006
s. 114 |
73 of 2006 |
13 Dec 2006 |
7 May 2007 (see s. 2(2) and Gazette 1 May 2007 p.
1893) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Local Government (Miscellaneous Provisions) Amendment Act
2007 |
11 of 2007 |
29 Jun 2007 |
s. 1 and 2:
29 Jun 2007; |
|
Local Government (Miscellaneous Provisions) Amendment
(Smoke Alarms) Act 2007 |
34 of 2007 |
21 Dec 2007 |
18 Jan 2008 |
|
Reprint 8: The Local Government (Miscellaneous
Provisions) Act 1960 as at 1 Aug 2008 (includes
amendments listed above) |
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1a On the date as at which this
reprint was prepared, provisions referred to in the following table had not come
into operation and were therefore not included in compiling the reprint. 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 |
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007
s. 91 43 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 Act No. 90 of 1964 was passed as the Local Government
Act Amendment Act (No. 2) 1964, but was proclaimed to come into
operation as the Local Government Act Amendment Act 1964.
3 Repealed by the Stock (Brands and Movement) Act 1970,
which is now known as the Stock (Identification and Movement)
Act 1970.
4 Repealed by the Auction Sales Act 1973
s. 3(1).
5 Formerly referred to the Local Government Act 1960
the short title of which was changed to the Local Government (Miscellaneous
Provisions) Act 1960 by the Local Government Act 1995
s. 9.70. The reference was changed under the Reprints Act 1984
s. 7(3)(gb).
6 Marginal notes in the Local Government (Miscellaneous
Provisions) Act 1960 referring to legislation of this State and of
other jurisdictions have been omitted from this reprint.
7 The Licensed Surveyors Amendment Act 1996
s. 28 does not have effect because the relevant provision was repealed by
the Local Government Act 1995 s. 9.70.
8 Now known as the Local Government (Miscellaneous
Provisions) Act 1960; short title changed (see note under
s. 1).
9 The Schedule to the Metric Conversion Act 1972 was
redesignated as the First Schedule by the Metric Conversion Act Amendment
Act 1973.
10 The Third Schedule was inserted by the Metric Conversion
Act Amendment Act (No. 2) 1973.
11 The Local Government Amendment Act 1979
s. 3(2) is a transitional provision that is of no further effect.
12 The Local Government Amendment Act (No. 3) 1981
s. 18(2) is a savings provision that is of no further effect.
13 The Local Government Amendment Act (No. 4) 1982
s. 14 is a transitional provision that is of no further effect.
14 The Local Government Amendment Act (No. 2) 1984
s. 40(2), (3), (4) and (5), 44(2) and 53(2) are transitional provisions
that are of no further effect.
15 The Local Government Amendment Act 1985 s. 9
is a validation provision that is of no further effect.
16 The Local Government Amendment Act 1985
s. 25 is a transitional provision that is of no further
effect.
17 The Local Government Amendment Act (No. 2) 1985
s. 23(2) is a validation provision that is of no further
effect.
18 The Local Government Amendment Act (No. 3) 1985
s. 4 is a validation provision that is of no further effect.
19 The Local Government Amendment Act 1986 s. 4
is an application provision that is of no further effect.
20 The Local Government Amendment Act 1986
s. 21 is a validation provision that is of no further effect.
21 The Town Planning and Development Amendment Act 1986
s. 8(2) is a validation provision that is of no further
effect.
22 The Local Government Amendment Act 1987
s. 32(2) reads as follows:
“
(2) No Order made before the coming into operation of
subsection (1) for the purposes of the principal Act as in force before the
coming into operation of this section and no act or omission done or made, or
purporting to have been done or made, thereunder shall be, or ever have been,
invalid or unlawful by reason only that a land description contained therein was
made by reference to a plan or diagram.
”.
23 The Local Government Amendment Act 1987
s. 35 and 36 are transitional provisions that are of no further
effect.
24 The Local Government Amendment Act 1988
s. 12(2) is a validation provision that is of no further
effect.
25 The Local Government Amendment Act (No. 2) 1990
s. 18 is a transitional provision that is of no further
effect.
26 The Local Government (Superannuation) Amendment and Repeal
Act 1993 Pt. 4 reads as follows:
“
Part 4 — Transitional
7. Interpretation
In this Part —
former Board means the Board as defined in the repealed
Act;
former scheme means the scheme that was established under
the repealed Act;
repealed Act means the Act repealed by
Part 3;
the scheme means the scheme defined in section 169(1)
of the Local Government Act 1960 (as enacted by section 4 of this Act)
as “the scheme”;
variation Deed means the Deed of Trust dated
17 June 1993 that amends the Deed of Trust referred to in the
definition of “the scheme” in section 169(1) of the Local
Government Act 1960 (as enacted by section 4 of this
Act).
8. Transfer of assets and liabilities
With effect on and from the commencement of this
Act —
(a) assets of the former scheme held by the former Board, by virtue of
this clause and without the need for any conveyance, transfer, assignment or
assurance, become assets of the scheme held by the trustees of the
scheme;
(b) persons who immediately before the commencement of this Act were
members of the former scheme, by virtue of this clause, become members of the
scheme and the rights, entitlements and obligations of persons as members of the
former scheme are taken to be replaced by rights, entitlements and obligations
(from time to time) as members of the scheme;
(c) except as provided in paragraph (b), all rights and liabilities
of the former Board under the former scheme, by virtue of this clause, become
rights and liabilities of the Trustees of the scheme under the scheme;
(d) all proceedings commenced before the commencement of this Act by or
against the former Board and pending immediately before the commencement of this
Act are taken to be proceedings pending by or against the Trustees of the
scheme;
(e) all proceedings that could have been taken by or against the former
Board if this Act had not come into operation may be taken by or against the
Trustees of the scheme.
9. Transfer of books, etc.
The Trustees of the scheme shall take delivery of all books, documents
and other records, however compiled or stored, relating to the operations of the
former Board.
10. Exemption from Stamp Act 1921
Notwithstanding anything in the Stamp Act 1921, no duty is
payable under that Act in respect of the passing of any assets under this
Part.
11. Other members may continue in the scheme
A member of the former scheme who on the commencement of this Act is
employed by a department or other body, other than a municipality, that was a
corporation under the repealed Act, may continue to be a member under the scheme
and the department or other body shall make the contributions required of an
employer under the scheme in respect of such a person.
12. Report
Notwithstanding Part 3, the former Board shall report in respect of
the former scheme under section 66 of the Financial Administration and
Audit Act 1985 in respect of the financial year ending
30 June 1993, and the former Board is continued in existence for that
purpose.
13. Condition precedent satisfied
The condition precedent specified in recital E to the variation Deed
shall be taken to have been satisfied by the coming into operation of
section 4 and the Deed shall be taken to have operated accordingly with
effect on and from 1 July 1993.
14. Savings
Anything done on or after 1 July 1993 but before the day on
which this Act receives the Royal Assent that would have been in accordance with
law if this Act had not come into operation but as a result of the coming into
operation of this Act is contrary to law, is deemed to be in accordance with
law.
”.
27 The Acts Amendment (Annual Valuations and Land Tax)
Act 1993 s. 3 is an application provision that is of no further
effect.
28 The Acts Amendment (Annual Valuations and Land Tax)
Act 1993 s. 7 is a transitional and savings provision that is of
no further effect.
29 The Local Government Amendment Act 1994
s. 3, 39, 40 and 41 are transitional provisions that are of no further
effect.
30 The Local Government (Superannuation) Legislation
Amendment Act 1994 s. 7, 8, 9 and 10 read as follows:
“
7. Operation of the new scheme
On the commencement of this Division, the City of Perth superannuation
scheme established under section 170C of the Local Government
Act 1960 (as amended by this Act) comes into operation.
Division 2 — Transitional provisions
and
consequential amendments
8. Interpretation
In this Division —
commencement day means the day on which Division 1
comes into operation;
former board means the board or any other person appointed
under section 3 of the repealed Act;
former fund means the superannuation fund established under
the repealed Act and governed by the former scheme;
former scheme means the superannuation scheme established
under the repealed Act;
new fund means the fund governed by the new
scheme;
new scheme means the City of Perth superannuation scheme
established under section 170C of the Local Government Act 1960
(as amended by this Act) as the scheme is amended from time to time;
repealed Act means the City of Perth Superannuation Fund
Act 1934;
trustee means the trustee appointed under the new
scheme.
9. Transfer of assets etc.
(1) On commencement day, by virtue of this section —
(a) assets of the former fund become assets of the new fund without the
need for any conveyance, transfer, or other document;
(b) the rights and liabilities of the former board under the former
scheme, or of the City of Perth to the extent that under the repealed Act it
controlled, managed or administered the former fund, become rights and
liabilities of the trustee;
(c) in any deed or other legal document relating to the control,
management or administration of the former fund to which the former board or the
City of Perth is a party, references to the former board or to the City of Perth
are to be taken as references to the trustee;
(d) a claim for any benefits from the former fund that had not been
finally dealt with immediately before commencement day may be dealt with as if
it were a claim for benefits under the new scheme;
(e) legal proceedings relating to the control, management or
administration of the former fund by or against the former board or the City of
Perth and pending immediately before commencement day are to be taken to be
proceedings by or against the trustee;
(f) legal proceedings relating to the control, management or
administration of the former fund that could have been taken by or against the
former board or the City of Perth immediately before commencement day may be
taken by or against the trustee.
(2) If the former board or the City of Perth is liable for any matter in
respect of the former scheme and that liability is not one in respect of which
the former board or the City of Perth could be indemnified from the former fund,
then subsection (1) does not operate to transfer that liability to the
trustee or to the new scheme or to allow any proceedings in respect of that
liability to be taken to be, or to be taken, against the trustee.
(3) On commencement day the trustee is entitled to possession of all
books, documents and other records, however compiled or stored, relating to the
former scheme.
(4) The Registrar of Titles and any other person who under a written law
is authorised to record or register documents or transactions relating to or
affecting the ownership of or other interests in real or personal property, are
to take notice of this section and are empowered to do such as is necessary to
give effect to this section.
10. Transfer of members etc.
On commencement day, by virtue of this section —
(a) a person’s rights, entitlements and obligations under the former
scheme are replaced by the rights, entitlements and obligations under the new
scheme;
(b) a person who immediately before commencement day was a member of or
contributor to the former scheme becomes a member of and subject to the new
scheme.
”.
31 The Acts Amendment (Local Government and Valuation of
Land) Act 1994 s. 5 is a validation provision that is of no
further effect.
32 The Local Government Act 1995 Sch. 9.2 cl. 4
reads as follows:
“
4. Parts II to VII repealed
(1) Parts II to VII are repealed.
(2) Despite the repeal of Part VII by
subclause (1) —
(a) sections 157(2)(b), 159 and 160; and
(b) regulations made under section 159,
continue to have effect so far as they relate to building surveyors and
Part XV.
”.
The repealed provisions, as in force immediately before being repealed,
read as follows:
“
Section 157(2)(b) —
157. Duty and power to appoint officers
(2) From time to time as occasion required, a council 35,
having regard to the provisions of section 160 —
(a) .........
(b) shall, where Part XV which relates to buildings applies to the
district or portion of the district, and may, where that Part does not so apply,
appoint a person to the office of building surveyor;
(c) .........
Sections 159 and 160 —
159. Regulations relating to qualifications of officers
The Governor may make regulations —
(a) prescribing the respective educational and professional qualifications
necessary to be held by persons occupying the respective offices of clerk,
engineer, town planner, building surveyor, and treasurer of
councils 35 generally or by a class or classes of
council 35, whether classification is determined by the amount
of revenue of a municipality 35, the location of the district of
a municipality 35, or otherwise;
(b) constituting committees for the purpose of examining those persons, or
a class or classes of those persons, and granting certifications of
qualification to persons who pass the examination, or who are otherwise
qualified to receive certificates;
(c) prescribing the mode of determining and obtaining recognition for
those qualifications in other States of the Commonwealth;
(d) providing for the cancellation of those certificates by the
committees, and the grounds upon which, and the manner in which, the
cancellation may be effected; and
(e) prescribing fees payable in respect of examinations and
certificates.
160. Appointments
(1) Where the occupant of the office of clerk, engineer, town planner,
building surveyor or treasurer is not required to be qualified, a
council 35 may appoint a person to the office notwithstanding
that he is not qualified.
(2) Where regulations made under section 159 require the occupant of
the office of clerk, engineer, town planner, building surveyor or treasurer to
be qualified the council 35 shall not appoint a person to the
office —
(a) unless he holds the appropriate certificate of qualification issued
under the regulations; and
(b) if he does not hold that certificate, unless the Minister approves the
appointment.
(2aa) Subsection (2) does not apply to a person acting temporarily,
for a period not exceeding 3 months, in an office referred to in that
subsection.
(2a) In giving his approval pursuant to subsection (2)(b) the
Minister may, after consultation with the council 35, impose on
the approval a condition that the person in respect of whom the approval is
given shall obtain the appropriate certificate of qualification under the
regulations with such period after his appointment as is fixed by the Minister
when giving the approval.
(2b) The Minister may from time to time grant an extension of the period
fixed pursuant to subsection (2a) if he considers that the circumstances
justify such an extension.
(2c) Where approval is given by the Minister under subsection (2)(b)
subject to a condition imposed under subsection (2a) and, at the completion
of the period fixed pursuant to the latter subsection or of any extension of
that period granted under subsection (2b), —
(a) the officer appointed by the council 35 pursuant to
that approval still does not hold the certificate of qualification required by
the regulations to be held by the occupant of his office; and
(b) the Minister does not consider that the circumstances justify an
extension or further extension of that period,
the Minister may after consultation with the council 35
direct the council 35 to remove the officer from the office and,
notwithstanding section 158(2), the council 35 shall comply
with that direction.
(2d) The provisions of section 158(5) to (12) both inclusive do not
apply to or in relation to an officer who is removed from office pursuant to
subsection (2c) of this section.
(3) A council 35 shall not remove from the office an
officer holding an office when regulations so made come into operation, because
he is not the holder of a certificate of qualification required by the
regulations to be held by the occupant of the office.
(4) No such regulation shall have application to or affect the appointment
to any such office of a person holding office as a clerk, engineer, town
planner, building surveyor or treasurer at time of the making of the
regulations.
”.
33 The amendments in the Sentencing (Consequential
Provisions) Act 1995 s. 68 (items relating to s. 523(1)
and 672) did not have effect because those provisions were repealed by the
Local Government Act 1995 s. 9.70.
34 The Local Government (Consequential Amendments)
Act 1996 s. 7 and 8 are transitional provisions that are of no
further effect.
35 The Local Government (Consequential Amendments)
Act 1996 Sch. 1 contains the following item:
“
Sections 157, 159 and 160 amended
To the extent that they continue to have effect under clause 4(2) of
Schedule 9.2 of the Local Government
Act 1995 —
(a) in each section “council” is deleted in each place
where it occurs and the following is substituted —
“ local government ”; and
(b) in section 159(a) —
(i) “councils” is deleted and the following is
substituted —
“ local governments ”;
(ii) “municipality” is deleted in the first place where it
occurs and the following is substituted —
“ local government ”; and
(iii) “of a municipality” is deleted in the second place where
it occurs.
”.
36 The Acts Amendment (Land Administration) Act 1997
s. 66(2), (3) and (4) and 67(2), (3) and (4) are transitional
provisions that are of no further effect.
37 Balance of section 46 of the Statutes (Repeals and
Minor Amendments) Act (No. 2) 1998 is inoperative because of
previous amendments effected as follows:
section 46(2) and (4) were repealed by the Local Government
Act 1995 s. 70;
section 46(3) and (9) were amended by the Local Government
(Consequential Amendments) Act 1996 Sch. 1 (as amended by the
Statutes (Repeals and Minor Amendments) Act 1997);
section 46(7) and (8) were amended by the Statutes (Repeals and
Minor Amendments) Act 1997 s. 83(3) and (4).
38 The portion of the Courts Legislation Amendment and Repeal
Act 2004 Sch. 1 cl. 94 that would have amended s. 430(2)(a)
was deleted by the Criminal Law and Evidence Amendment Act 2008 s.
77(9).
39 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.
40 The State Administrative Tribunal
Regulations 2004 r. 34 and 55 read as follows:
“
34. Local
Government (Miscellaneous Provisions) Act 1960
(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 75 comes into operation.
(2) If a matter has been partly or fully heard, but not determined, under
the Local Government (Miscellaneous Provisions) Act 1960
Part XV Division 19 immediately before the commencement
day —
(a) the Act section 167(4)(b) does not apply; and
(b) the matter is to continue to be dealt with as if the Local
Government (Miscellaneous Provisions) Act 1960 Part XV
Division 19 as in force immediately before the commencement day continued
to apply.
55. Local Government (Miscellaneous Provisions)
Act 1960
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 section 683 comes into operation;
(2) If a local law made under the Local Government (Miscellaneous
Provisions) Act 1960 section 433 and the Local Government
Act 1995 is expressed as conferring on a person a right to appeal under
the Local Government (Miscellaneous Provisions) Act 1960
Part XV Division 19 against a decision, that local law is to be taken
to give a right on or after the commencement day to apply to the State
Administrative Tribunal for a review of that decision.
”.
41 The portion of the Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 s. 82 that would
have amended this Act was deleted by the Criminal Law and Evidence Amendment
Act 2008 s. 78(2)(d).
42 The Planning and Development (Consequential and
Transitional Provisions) Act 2005 s. 14(3) and (4) read as
follows:
“
(3) Despite the repeal of section 295 of the Local
Government (Miscellaneous Provisions) Act 1960, section 295(4) and
(4a) of that Act continue to apply in relation to the disposal of land where the
subdivision of the land was approved before the coming into operation of this
section.
(4) Until minimum standards of construction and drainage are fixed under
section 169 of the Planning and Development Act 2005, the
minimum standards fixed under section 295(3a) of the Local Government
(Miscellaneous Provisions) Act 1960 apply for the purposes of the
Planning and Development Act 2005 as if they had been fixed under
that Act.
”.
43 On the date as at which this reprint was prepared, the
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 91 had not come into
operation. It reads as follows:
“
91. Local
Government (Miscellaneous Provisions) Act 1960 amended
(1) The amendments in this section are to the Local Government
(Miscellaneous Provisions) Act 1960.
(2) Section 474(7) is amended by deleting “, brand it with the
brands, on the portions, and in the order, prescribed by the Brands
Act 1904, in such manner as to show that the brand is the last brand at
the time imprinted on the beast.” and inserting
instead —
“
label it with an identifier in accordance with the Biosecurity and
Agriculture Management Act 2007.
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
authorised
person 245A(1)
builder 401A(7)
building 364(10)
building approval
certificate 401(1c)
building operation 364(3)(a)
neglected
building 407
public building 414
swimming pool 245A(1)
the adopted
code 433A(2)
the referred code 433A(2)(d)
unauthorised building
work 374AA(1)
unclaimed money 457(1)