Local Government Act Amendment Act (No. 2) 1965 (WA)

1965.] Local Government (No. 2). [No. 70.

LOCAL GOVERNMENT (No. 2).

No. 70 of 1965.

AN ACT to amend the Local Government

Act, 1960-1964.

[Assented to 25th November, 1965.]

RE it enacted by the Queen's Most Excellent

Majesty, 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 ?Mateo..

Government Act Amendment Act (No. 2), 1965.

(2) In this Act the Local Government Act,

1960-1964, is referred to as the principal Act.

No. 70.] Local Government (No. 2). [1965.

(3) The principal Act as amended by this Act may be cited as the Local Government Act, 1960-1965.

S. 10 2.

Section ten of the principal Act is amended by inserting after the word, "If", being the first word in subsection (10), the passage, "the electors who vote at the poll number not less than fifteen per centum of those entitled to vote thereat, and".

amended.

S. 13

Section twelve of the principal Act is amended by adding after the word, "municipality" being the last word in paragraph (e) of subsection (2), the words, "or any ward of a municipality".

amended. 3.

S. 19A

The principal Act is amended by adding after section nineteen, the following section-

added. 4.

Annexation

to existing	19A. Where an order annexing a severed portion of a municipal district to another municipal district divided into wards adds that severed portion to an existing ward
ward

(a)	the rights of the electors within the severed portion shall be as the Governor determines under the provisions of section twenty of this Act; and
(b)	subsection (2) of section thirteen of this Act applies mutatis mutandis in respect of the district from which the portion was so severed and of the district to which the severed portion is annexed. .

S. so

i mended. 5. Section thirty of the principal Act is amended by inserting after the word, "if" in line two of paragraph (d) of subsection (1), the words, "the electors who vote at the poll number not less than fifteen per centum of those entitled to vote thereat and".

1965.] Local Government (No. 2). [No. 70.

6. The principal Act is amended by adding after Tara

section forty-three, the following section-

Councillor

43A. (1) A member of a council may by may declareintention

written notice signed by him and delivered to	to resign and specify date
the clerk of the council declare his intention of	thereof.
resigning from the office of mayor, president or councillor, as the case may require, as from a date specified in the notice, and his resignation from such office shall take effect upon the date specified and the office become vacant.
(2) The provisions of this Act in relation to the holding of an election to fill an extraordinary vacancy apply to an office becoming vacant under this section, and the pre-requisites to the holding of the election may be carried out prior to the date specified for resignation except that the date appointed for closure of nominations shall be later than the date upon which the resignation takes effect. .

7.    Section one hundred and twenty-seven of the emended.

principal Act is amended by inserting after the word, "paper" in line four of paragraph (c) of subsection (5), the passage, ", counting in respect of each ballot paper on which the name of one candidate only appears with no figure written against it, as if there were written against that name a number which represents the number of candidates on the ballot paper".

8.    Section one hundred and seventy-four of the amended.

principal Act is amended

(a) by adding after paragraph (b) of subsection

(3), the following paragraph

(c) Notwithstanding the provisions of paragraph (a) of this subsection, where the interest that a member has in a matter is so remote or trivial that if he

No. 70.] Local Government (No. 2). [1965.

were to take part in any consideration or discussion, or to vote, in respect of that matter, the member could not reasonably be regarded as likely to be influenced by that interest, the provisions of that paragraph so far as they prohibit the member from taking part and from voting, in respect of the matter do not apply to him, but he shall nevertheless be liable to give the notice required under that paragraph.; and

(b) by adding after subsection (3), the follow- ing subsections

(3a) Where under the provisions of subsection (3) of this section a member of the council is not permitted, in respect of a matter at a meeting of the council, to take part in the consideration or discussion, or to vote, the council may, notwithstanding those provisions, deter- mine by an absolute majority on a motion, which motion may be moved without notice, that such member may speak on the matter, but nevertheless the member is not entitled to vote on that matter.

3b) In the event of a motion being zarried in accordance with the provisions of subsection (3a) of this section, there shall be recorded in the minutes of the meeting of the council particulars of that motion and the moving and carrying thereof and the fact that the member permitted to speak on the matter did not vote thereon. .

S. 182

amended. 9. Section one hundred and eighty-two of the

principal Act is amended by substituting for the word, "authorised" in line five of subsection (6), the word, "authorise".

1965.] Local Government (No. 2). [No. 70.

S. 199A

10. The principal Act is amended by adding after added.

section one hundred and ninety-nine, the following

section-

Camps, etc.,

199A. A council may so make by-laws

for holiday

Purposes.

(a)	for regulating the use of land within its municipal district for the establish- ment and maintenance of camps, cabins, chalets or housing, for occupa- tion for holiday purposes, of a standard differing from that required under building by-laws;
(b)	for regulating the erection, construc- tion and maintenance of buildings on such land;
(c)	for prescribing the conditions on which the land may be so used, and the standards to be observed and maintained by persons establishing or conducting buildings for occupation for holiday purposes;
(d)	prohibiting any person from establish- ing or conducting any such building unless and until it has been approved by and registered with the council.

11. Section two hundred and forty-four of the amended.

principal Act is amended

(a)	by substituting for the word, "remove" in line five of paragraph (q), the passage, "take possession of and remove to a place appointed by the council, and without being liable in damages or otherwise to dispose of"; and
(b)	by substituting for the words, "the amount of the expense from him in a court of competent jurisdiction" in lines ten and eleven of paragraph (q), the passage, "from him or them in a court of competent jurisdiction the expense incurred in the

No. 70.] Local Government (No. 2). [1965.

taking possession, removal or disposal of the thing deposited, or in such reinstate- ment".

S. 400

amended. 12. Section four hundred of the principal Act is amended

(a) by adding after subsection (la), the following subsection

(lb) Where a council is of opinion that for the purpose of making more effective use of any land within its district that is

a pedestrian way, of not more than thirty-three feet in width, or in the interests of attractive development of the area where that land is situated, it is desirable so to do, the council may, with the consent of the Minister, grant permission to a person to erect a building above or over that pedestrian way at such height as the council may specify and upon and subject to such conditions as the council may impose. ; and

(b) by deleting the words, "If posts are used for the support of the awning or verandah so that", in lines four and five of paragraph (a) of subsection (2) and substituting the passage, "unless prohibited from so doing by by-laws of the council, may use posts for the support of the awning or verandah provided".

S. 520

amended. 13. Section five hundred and twenty of the

principal Act is amended by deleting the passage, "crossings," in lines two and three of paragraph (a) of subsection (2).

S. 523

amended. 14. Section five hundred and twenty-three of the principal Act is amended by adding after paragraph (1) of subsection (1), the following paragraph

(la) grants received from, or sums reimbursed

by, the Commissioner of Main Roads under

the Main Roads Act, 1930, in respect of

1965.] Local Government (No. 2). [No. 70.

works carried out, or to be carried out, under that Act by the council at the request of such Commissioner; .

S. 533

15. Section five hundred and thirty-three of the amended.

principal Act is amended by inserting after the word, "poll" in line one of subparagraph (iv) of paragraph (b) of subsection (12), the words, "the number of ratepayers who vote thereat is not less than fifteen per centum of those entitled so to vote and".

16. Section five hundred and forty of the	S. 540
amended.

principal Act is amended

(a)	by deleting all words after the word, "council" in line two of subsection (5) down to the end of that subsection; and
(b)	by adding after subsection (5), the follow- ing subsection

(6) If the council maintains a valuation register showing particulars of the lands within its district, the names of the owners thereof, and the respective valuations, it shall permit any ratepayer of the municipality to inspect that register at any reasonable time free of charge, but if no valuation register is maintained the council shall permit any such ratepayer to inspect the rate book at any reasonable time free of charge. .

S. 599

17. Section five hundred and ninety-nine of the principal Act is amended amended.

(a) by substituting for the passage, "rates, or the receipt of money, if any, granted by Parliament to a municipality, the council thereof" in lines one, two and three of subsection (1), the passage, "its ordinary revenue in any year, or the receipt of moneys granted under the provisions of section five hundred and twenty-four of this Act, a council"; and

No. 70.] Local Government (No. 2). [1965.

(b) by deleting the passage, "grants, if any, from Parliament and" in lines eleven and twelve of subsection (1).

S. 611

amended. 18. Section six hundred and eleven of the principal Act is amended by repealing subsection (7) and re-enacting it with amendments as follows

(7) If at the poll the number of ratepayers who vote thereat is less than fifteen per centum of those entitled to vote thereat the raising of the loan is approved, but if the ratepayers who vote at the poll number not less than fifteen per centum of those entitled to vote thereat, and if a majority of the valid votes cast are against the loan, or the valid votes cast against the loan are equal in number to those in favour of the loan, the raising of the loan is forbidden.

S. 624A

added.	19. The principal Act is amended by adding after section six hundred and twenty-four, the following section-
Advances

by owners	624A. (1) Subject to this section, with the approval of the Minister a council may, without complying with any other provision of this Part, accept an advance not exceeding five thousand pounds from an owner of any rateable land within its municipal district for the purpose of carrying out works requested by that owner.
of rateable
land.

An advance made under this section may

be either free of interest or bear interest at such

rate as the Minister determines.

(2)

(3) The council shall repay any advance made under this section by annual instalments spread over a period not exceeding ten years.

1965.] Local Government (No. 2). [No. 70.

(4) An advance under this section shall not be approved by the Minister unless he is satisfied that the rates that will be payable in respect of the land on or to which the works requested by the owner will be carried out, shall during the period for which the advance is made equal or exceed the total amount, including interest, required to be paid by the council in repaying the advance. .

20. The principal Act is amended by adding edge"

after section six hundred and ninety-one, the

following section-

691A. A council may, by a resolution passed 7:=7

by an absolute majority of the members voting thereon at a meeting of the council, and with the approval of the Minister, confer upon any person the title of "Honorary Freeman of the Municipality", but the conferring of that title upon a person does not grant to him any right or privilege other than that of permitting him to designate himself by the title so conferred. .