Local Government (Administration) Amendment Regulations (No. 2) 2011 (WA)

26 August 2011 GOVERNMENT GAZETTE, WA 3481

LOCAL GOVERNMENT

I,G301*

Local Government Act 1995

Local Government (Administration) Amendment Regulations (No. 2) 2011

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Local Government (Administration)
Amendment Regulations (No. 2) 2011.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 26 August 2011.

3482 GOVERNMENT GAZETTE, WA 2G Auust 2011

3.             Regulations amended

These regulations amend the Local Government
(Administration) Regulations 1996.

4.            Part 1 heading inserted

Before regulation 1 insert:

Part 1 - Preliminary

5.            Part 2 heading inserted

After regulation 3 insert:

Part 2 - Council and committee meetings

6.            Part 3 heading inserted

After regulation 14B insert:

Part 3 - Electors' meetings

7.             Part 4 heading inserted

After regulation 18 insert:

Part 4 - Local government employees

8. Part 5 heading and Part S Division 1 inserted

After regulation 19A insert:

Part S - Annual reports and planning

Division 1 - Preliminary

I9BA. Terms used

In this Part -
corporate business plan means a plan made under
regulation 1 9DA that, together with a strategic
community plan, forms a plan for the future of a
district made in accordance with section 5.56;
strategic community plan means a plan made under
regulation 19C that, together with a corporate business

26 August 2011 GOVERNMENT GAZETTE, WA 3483

plan, forms a plan for the future of a district made in

accordance with section 5.56.

9. Part 5 Division 2 heading inserted
Before regulation 19B insert:

Division 2 - Annual reports

10.          Regulation 19CA inserted

After regulation 19B insert:

19CA. Annual reports to contain information on strategic community plans and corporate business plans - s. 5.53(2)(i)

(1)	This regulation has effect for the purposes of section 5.53(2)(i).
(2)	If a modification is made during a financial year to a local government's strategic community plan, the annual report of the local government for the financial year is to contain information about that modification.
(3)	If a significant modification is made during a financial year to a local government's corporate business plan, the annual report of the local government for the financial year is to contain information about that significant modification.

11.          Part 5 Division 3 heading inserted

Before regulation 19C insert:  Division 3 - Planning for the future
12.	Regulation 19C replaced Delete regulation 19C and insert:

19C. Planning for the future: strategic community
plans - s. 5.56

(1) A local government is to ensure that a strategic

community plan is made for its district in accordance
with this regulation in respect of each financial year
after the financial year ending 30 June 2013.

3484 GOVERNMENT GAZETTE, WA 26 August 2011

(2) A strategic community plan for a district is to cover the

period specified in the plan, which is to be at least

10 financial years.

(3) A strategic community plan for a district is to set Out

the vision, aspirations and objectives of the community

in the district.

(4) A local government is to review the current strategic

community plan for its district at least once every

4 years.

(5) In making or reviewing a strategic community plan. a
local government is to have regard to -

(a)	the capacity of its current resources and the anticipated capacity of its future resources; and
(b)	strategic performance indicators and the ways of measuring its strategic performance by the application of those indicators; and
(c)	demographic trends.

(6) Subject to subregulation (9), a local government may

modify its strategic community plan, including

extending the period the plan is made in respect of.

(7) A council is to consider a strategic community plan, or

modifications of such a plan, submitted to it and is to
determine* whether or not to adopt the plan or the

modifications.

*Absolute majority required.

(8) If a strategic community plan is, or modifications of a strategic community plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

(9) A local government is to ensure that the electors and

ratepayers of its district are consulted during the

development of a strategic community plan and when

preparing modifications of a strategic community plan.

(10) A strategic community plan for a district is to contain a

description of the involvement of the electors and
ratepayers of the district in the development of the plan

or the preparation of modifications of the plan.

19DA. Planning for the future: corporate business plans -
s. 5.56

(1) A local government is to ensure that a corporate

business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

26 August 2011 GOVERNMENT GAZETTE, WA 3485

(2) A corporate business plan for a district is to cover the

period specified in the plan, which is to be at least

4 financial years.

(3) A corporate business plan for a district is to -

(a)	set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government's priorities for dealing with the objectives and aspirations of the community in the district; and
(b)	govern a local government's internal business planning by expressing a local government's priorities by reference to operations that are within the capacity of the local government's resources; and
(c)	develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial

planning.

(4) A local government is to review the current corporate

business plan for its district every year.

(5) A local government may modify a corporate business
plan, including extending the period the plan is made in
respect of and modifying the plan if required because
of modification of the local government's strategic
community plan.

(6) A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the

modifications.

*Absolute majority required.

(7) If a corporate business plan is, or modifications of a	corporate business plan are, adopted by the council, the
plan or modified plan applies to the district for the period specified in the plan.

19DB. Planning for the future: transitional arrangements

until 30 June 2013

(1) In this regulation -

former regulation 19C means regulation 19C as in
force immediately before 26 August 2011 and
continued under subregulation (2);
former regulation 19D means regulation 19D as in
force immediately before 26 August 2011;
plan for the future means a plan for the future of its
district made by a local government in accordance with
former regulation 19C.

3486 GOVERNMENT GAZETTE, WA 2G Auust 2011

(2) Except as stated in this regulation, former

regulation 19C continues to have effect on and after
26 August 2011 until this regulation expires under

subregulation (7).

(3) A local government is to ensure that a plan for the

future applies in respect of each financial year before

the financial year ending 30 June 2014.

(4) A local government is not required to review a plan for

the future under former regulation 19C(4) on or after

26 August 2011.

(5) If, for the purposes of complying with
subregulation (3), a local government makes a new
plan for the future, local public notice of the adoption
of the plan is to be given in accordance with former
regulation 19D.

(6) If a local government modifies a plan for the future

under former regulation 19C(4), whether for the purposes of complying with subregulation (3) or otherwise -

(a)	the local government is not required to comply with former regulation 19C(7) or (8) in relation to the modifications of the plan; and
(b)	local public notice of the adoption of the modifications of the plan is to be given in accordance with former regulation 19D.

(7) This regulation expires at the end of 30 June 2013.

13.          Regulation 19D amended

(1)	Delete regulation 191)(1) and insert:
(1) After the adoption of a strategic community plan, or

modifications of a strategic community plan, under
regulation 19C, the local government is to give local

public notice in accordance with subregulation (2).

(2)	In regulation 191)(2)(a)(i) and (b) delete "plan for the future of and insert:
strategic community plan for
(3)	In regulation 191)(2)(b)(i) delete "district for a" and insert:
district for

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14.          Part 6 heading inserted

After regulation 19D insert:

Part 6 - Disclosure of financial interests

15.          Part 7 heading inserted

After regulation 28 insert:

Part 7 - Access to information

16. Part 8 heading inserted
After regulation 29B insert:

Part 8 - Local government payments and gifts

to members

17. Part 9 heading inserted
After regulation 34AD insert:

Part 9 - Codes of conduct

By Command of the Governor.

R. KENNEDY, Clerk of the Executive Council.