Local Government Act Amendment Act 1974 (WA)
WESTERN AUSTRALIA.
LOCAL GOVERNMENT.
No. 65 of 1974.
AN ACT to amend the Local Government Act, 1960-
1973.
[Assented to 9th December, 1974.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
| 1. (1) This Act may be cited as the Local Short title | and citation. |
Government Act Amendment Act, 1974.
approve=rs
(2) In this Act the Local Government Act, 1960-
reprint 9th
| 1973 is referred to as the principal Act. | August, 1973 and further amended by |
(3) The principal Act as amended by this Act tiet8s3Na(?).sd12.
may be cited as the Local Government Act, 1960- 10'5 of 1973.
| No. 65.1 | Local Government. | [1974. |
| Commence- | 2. |
(1) Subject to subsection (2) of this section, the provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation.
ment.
(2) Sections 1, 2, and 26 of this Act shall come
into operation on the day that this Act receives the
Royal Assent,
Section 6
| amended. | 3. | Subsection (1) of section 6 of the principal |
| (Interpre- | Act is amended by repealing the interpretation |
| tation.) | "absolute majority" and substituting the following interpretation |
"absolute majority" in relation to
| (a) | the members of a council, means a total majority of the members for the time being of the council, whether present and voting or not; |
| (b) | the members of a committee of the council, means a total majority of the members of that committee of the council, whether present and voting or not; . |
Section 20
| amended. | 4. Subsection (1) of section 20 of the principal |
| (New election Act is amended by deleting the passage "section | o |
nigi:e1Poef f twelve," in line three, and substituting the passage gacinIplfor or "section ten or section twelve or by both section ten
boundaries.) and section twelve,".
Section 37
| amended. | 5. Subsection (2) of section 37 of the principal Act is amended by deleting the passage "(g) or (h)" in line two of subparagraph (iii) of paragraph (a) and substituting the passage "(g), (h), or (ha)". |
| cation.) | |
| (Disqualifi- | |
| Section 135 |
| amended. | 6. | Subsections (2) and (3) of section 135 of the |
| expenses of |
| (Payment of | principal Act are revoked and the following sub- |
| returning | |
| officer.) | sections substituted |
(2) The council shall pay out of the muni-
cipal fund for services rendered in connection with the election to a vacancy in office of member
| 1974. | ] | Local Government. | [No. 65. |
of the council by a returning officer, deputy returning officer, presiding officer, poll clerk or other electoral officer a fee that is not less than the minimum fee prescribed in relation to each of those offices.
(3) The fees prescribed under subsection (2) of this section may be fixed by reference to the number of electors on a mayoral roll, district roll or ward roll as the case may be. .
Section 174
| Subsection (4) of section 174 of the principal Act is amended by deleting paragraph (b) and sub- | amended. (Members |
| prohibited from taking | |
| stituting the following paragraph | part in considera- tion. of or |
7.
| (b) the majority of the other persons who are | voting on a matter |
| present at that meeting and who are | in which they are |
| entitled to vote on that matter determine | interested.) |
| by motion, which may be moved without notice, that he is permitted to speak on the matter, and that majority is an absolute majority. . | |
| Section 181 |
| Subsection (1) of section 181 of the principal Act is amended by adding after the word "museum" | amended. (Managing |
| committees.) | |
| in line six the passage ", aged persons' home, recreation ground". | |
| Section 190 | |
| 9. Subsection (5) of section 190 of the principal Act is amended by deleting paragraph (e) and | amended. |
| (By-laws.) | |
| substituting the following paragraph |
8.
(e) for a period of twenty-one days commenc- ing on the day of the publication of the notice in a newspaper pursuant to the requirements of paragraph (d) of this subsection, cause-
(i) a copy of the notice referred to in paragraph (d) of this subsection to be kept posted on the official notice board of the council; and
| No. 65.] | Local Government. | [1974. |
(ii) a copy of the full text of the by-law to be available free of charge for public inspection during office hours at the office of the council; .
Section 231
| amended. | 10. | Subsection (2) of section 231 of the principal |
| (Parking | Act is amended by deleting the word "forty" in |
| stations, | |
| parking | line one of paragraph (q) and substituting the word |
| facilities, | |
| etc.) | "eighty". |
| Section 234 |
| amended. | 11. | Subsection (2) of section 234 of the principal |
| and use of |
| (Protection | Act is amended by deleting paragraph (i) and |
| municipal | substituting the following paragraph- |
| property.) |
for prohibiting or regulating the admission
(i) of vehicles and cattle on property and providing, in addition to any other method of recovering a penalty prescribed in a by-law made pursuant to the powers conferred by this subsection, in respect of an offence that has as an element the parking of a vehicle contrary to the provisions of a by-law made pursuant to the powers conferred by this paragraph-
(i) the method of notifying a person alleged to have committed an offence of that alleged offence and how it may or shall be dealt with and prohibiting the removal by any person other than the driver of a vehicle in respect of which an offence is alleged to have been committed against the by-law of any notice relating to the alleged offence affixed to the vehicle or left in or on the vehicle by a person duly authorised by the council; and
(ii) a modified penalty or modified penalties payable to the council by a person or class of person who does not contest an allegation that he committed the offence against the by-law and providing that the
| 1974.] | Local Government. | [No. 65. |
production of an acknowledgment from the council of the payment of a modified penalty is a defence to a charge of the offence in respect of which that modified penalty is paid; .
12. Subsection (2) of section 245A of the prin- st=odnec145A
| cipal Act is amended— | swimming |
| (Private | |
| pools.) |
| (a) | by adding after the word "pool" in line two of paragraph (a) the passage "to register the swimming pool, pay the prescribed fee in respect of the registration of the swim- ming pool and"; and |
| (b) | by deleting the word "one" in line one of paragraph (b) and substituting the word "two". |
Section 254
| 13. Subsection (2) of section 254 of the principal | amended. (Inquiry as |
| Act is amended by deleting the word "Ten" in line | to licensing of vehicles |
| five and substituting the word "Twenty". | may be made.) |
| Section 281 |
| 14. | Subsection (3) of section 281 of the principal | amended. |
| Act is amended by deleting the word "Twenty" in | may take |
| (Council | |
| line three of paragraph (c) and substituting the | for road |
| materials | |
| word "Forty". | enter to |
| making and | |
| Inspect.) | |
| Section 295 |
| 15. | Subsection (3) of section 295 of the principal | amended. (Notice of |
| Act is amended by adding after paragraph (c) a | subdivision of land |
| paragraph as follows | required.) |
(ca) A person who contravenes the provisions of paragraph (c) of this subsection commits an offence and is liable to a penalty not exceed- ing one hundred dollars and in the case of a continuing offence to a further penalty not exceeding ten dollars for each day during which the offence continues. .
| No. 65.] | Local Government. | [1974. |
Section 395
| amended. | 16. | Subsection (2) of section 345 of the principal |
| (Trees |
| obstructing | Act is amended by deleting the word "one" in line |
| or injuring | |
| streets.) | five and substituting the word "two". |
| Section 374 |
| amended. | 17. | Section 374 of the principal Act is amended |
| (Plans of |
| buildings | by repealing subsection (lb) and substituting (lb) The authority to approve or refuse to approve plans and specifications submitted under this section may be delegated by a council to a person appointed to the office of building surveyor, but where a plan and specifications so submitted conform to |
| to be | |
| approved | subsections as follows |
| by council.) |
| (a) | all by-laws in force in the relevant district or part of a district in respect of building matters, and the council's pre-determined policy in respect of building matters; and |
| (b) | all by-laws and schemes in force in the relevant district or part of a district in respect of town and regional planning matters, and the council's pre-determined policy in respect of town and regional planning matters, |
the building surveyor shall not refuse to approve that plan or those specifications without first obtaining the consent of the council.
(lba) The council may vary or revoke a delegation made under subsection (lb) of this section. .
Section 470
| amended. | 18. Subsection (2) of section 470 of the principal |
| (Pound. |
| keeper may | Act is amended by deleting the passage commencing |
| charge for | |
| service of | with the word "fifteen" and ending with the word |
| notice.) | "kilometres" where occurring in (a) lines four and five; and |
| 1974.] | Local Government. | [No. 65. |
(b) lines thirteen and fourteen,
and substituting the words "twenty cents or such sum as is prescribed by the regulations for every kilometre" in each case.
19. Section 513 of the principal Act is amended— =fdlierr3
(Pay loss
| (a) | by adding after the word "expenses" in line logiaarnings eight of paragraph (h) the word "and"; and expenses.) |
| (b) | by adding after paragraph (h) a paragraph as follows |
(ha) pay for each day to a member who necessarily incurs loss of earnings in or in consequence of travelling to or attending a civil defence school with the authority of the council the amount of
(i) where the loss of earnings so incurred is less than twenty dollars, the amount of the loss; or
(ii) where the loss of earnings so incurred exceeds twenty dollars or cannot be accurately cer- tified, the sum of twenty dollars; .
Section 530
| 20. Paragraph (c) of section 530 of the principal | amended. |
| Act is amended | Powers of(Other |
| expendi- ture of |
| (a) | by deleting the word "and" after subpara- | munici- pal |
| graph (iii); | fund.) | |
| (b) | by deleting the passage "swimming pools," in line eight of subparagraph (iv); | |
| (c) | by deleting the passage "district." at the end of subparagraph (iv) and substituting the passage "district; and"; and | |
| (d) | by adding after subparagraph (iv) the following subparagraph |
| No. 65.] | Local Government. | [1974. |
(v) maintaining or subsidising the maintenance of swimming pools and, subject to the approval of the Min- ister, establishing swimming pools, whether within the district or else- where, when in the opinion of the council the expenditure will directly or indirectly benefit the inhabitants of its district. .
Section 533
amended.21. Subsection (3) of section 533 of the principal
must(Councils Act is amended by deleting the words "one dollar"
| tionsI | adopt value,- in line seven of paragraph (h) and substituting the |
words "one dollar and fifty cents".
Section 534A
| added. | 22. The principal Act is amended by adding after |
section 534 the following section-
Increase or
| decrease in | 534A. (1) Where after the adoption of a |
| value of |
| land rate- | district valuation by a council it appears to the |
| able on | |
| unimproved | council that by reason of any one or more of |
| value | |
| or annual | the following events, namely |
| value and | |
| time of |
| value. | (a) | the zoning or re-zoning of the land; |
| (b) | the subdivision or re-subdivision of the land; | |
| (c) | a change in the boundaries of the land, |
the value of land that is rateable is greater or less than the value at which it was assessed prior to the occurrence of any one or more of the events referred to in paragraphs (a), (b) and (c) of this subsection the council may cause the unimproved value or annual value of the land as the case requires to be re-assessed.
(2) A re-assessment of the value of rateable land pursuant to subsection (1) of this section shall be made as if the increase or decrease in the unimproved value or annual value had occurred at the time of the assessment of the last valuation in respect of that land adopted by the council.
| 1974.] | Local Government. | [No. 65. |
(3) For the purposes of this section, it is immaterial that any rateable land to which this section applies is at the time that the re- assessment is carried out identified by a descrip- tion other than the description it was given at the time of the assessment of the last valuation in respect of that land adopted under subsection (9) of section five hundred and thirty-three of this Act.
| Subsection (2) of section 538 of the principal Act is amended by deleting the word "ten" in line | Section 53a |
| amended. | |
| of gas | |
| (Valuation | |
| three of paragraph (b) and substituting the word | mains and |
| electric | |
| "twenty". | lines.) |
| Section 545A. |
23.
24.
| The principal Act is amended by adding after section 545 a section as follows- | added. |
| Proportion- |
| 545A. (1) Where during a financial year | ate rating. |
| (a) | land that was not rateable becomes rateable land; or |
| (b) | rateable land becomes land that is not liable to rates, |
the owner thereof
| (c) | is liable for rates proportionate to the portion of the year during which the land is rateable land; or |
| (d) | is entitled to a refund of an amount proportionate to the portion of the year during which the land is not rateable land, |
as the case requires.
(2) The value of land referred to in paragraph (a) of subsection (1) of this section shall be assessed as if it were rateable land as at the time of the assessment of the last valuation in respect of that land adopted under subsection (9) of section five hundred and thirty-three of this Act.
| No. 65.] | Local Government. | [1974. |
Section 559
| amended. | 25. Section 559 of the principal Act is |
| (Provision |
| of pro- | amended |
| cedural | |
| matters by |
| enactment.) | (a) as to subsection (1), by deleting the passage commencing with the passage ", firstly" in line eighteen and ending with the passage "situated." in the last line and substituting the following passage |
on
| (c) | the clerk of the council in whose district the land is situated; |
| (d) | the Registrar of the Valuation Appeal Court having jurisdiction in the portion of the State where the land in respect of which the appeal is brought is situated; and |
| (e) | if the land in respect of which the appeal is made is not owned by the appellant, the owner of the land or the agent or attorney of the owner of the land. ; |
| (b) | as to subsection (5), by deleting the words "and the clerk of the council" in line four and substituting the passage ", the clerk of the council and, if the appellant is not the owner of the land or the agent or attorney of the owner of the land the subject of the appeal, on the owner of the land or the agent or the attorney of the owner of the land the subject of the appeal"; and |
(c) by repealing and re-enacting subsection
(5a) as follows
(5a) The appellant may not less than three days before the day appointed for the hearing of his appeal withdraw the appeal by serving a written notice addressed to the Court and signed by the appellant on the Registrar of the Valuation Appeal Court in which the appeal is brought and, if the appellant
| 1974.] | Local Government. | [No. 65. |
is not the owner of the land or the agent or attorney of the owner of the land in respect of which the appeal is brought, by serving a copy of that notice on the owner of the land or on the agent or attorney of the owner of the land, and if the notice is received by the Registrar and, where the case so requires, a copy thereof is received by the owner of the land or the agent or attorney of the owner of the land not less than three days before the day appointed for the hearing of the appeal the Court shall strike out the appeal. .
| 26. Section 561 of the principal Act is | Section 561 amended. |
| amended | (Exemption from rates.) |
(a) by deleting paragraph (a) of subsection (1) and substituting the following paragraph
(a) Subject to subsection (5) of this section, a person who is a pensioner as defined under the National Health Act 1953 of the Parliament of the Common- wealth other than a person who comes within that definition by reason only that he is a person to whom or in respect of whom-
(i) there is being paid a sheltered employment allowance under the Social Services Act 1947 of the Parliament of the Common- wealth or that allowance would be payable if he were not receiving vocational training under Part VIII of that Act; or
(ii) there is being paid an allowance under the Tuberculosis Act 1948 of the Parliament of the Commonwealth,
| No. 65.1 | Local Government. | [1974. |
may claim to be exempt from liability for the payment of rates or charges under this Act in respect of land of which he is in actual occupation as owner. ;
| (b) | by adding after the expression "(2)" in line two of subsection (2a) the passage "or (6)"; and |
| (c) | by adding after subsection (5) a subsection as follows |
(6) Notwithstanding any other provision of this section, where the payment by a person of rates and charges in respect of periods before the 1st July, 1975 was, immediately before the coming into operation of section twenty- six of the Local Government Act Amendment Act, 1974 postponed pursuant to subsection (2) of this section, such payment shall continue to be postponed until the sale or transfer by the person of the land concerned, or his death, whichever first occurs, or until the person ceases to hold the qualifica- tions which entitled him to be exempt from liability for such payment pursuant to the provisions of this section in force immediately before the coming into operation of section twenty-six of the Local Government Act Amendment Act, 1974. .
Section 640
| amended. | 27. | Subsection (2) of section 640 of the principal |
| demand |
| (Power to | Act is amended by deleting the word "twenty" in |
| production | |
| of books, | line four and substituting the word "forty". |
| etc.) | |
| Section 692 |
| amended. | 28. | Subsection (2) of section 692 of the principal |
| of Part IV on |
| (Applicati | Act is amended by deleting the word "two" in line |
| to polls.) | seven and substituting the word "four". |
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