Local Government Amendment Act 1984 (WA)
WESTERN AUSTRALIA.
LOCAL GOVERNMENT.
No. 17 of 1984.
AN ACT to amend the Local Government Act
1960-1983.
[Assented to 31 May 1984.]
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 Eargattlieon.
Government Amendment Act 1984.
| (2) In this Act the Local Government Act 1960- 11,:=7:ed | 24 June 1983 |
| 1983 is referred to as the principal Act. | and amended by |
(3) The principal Act as amended by this Act may illta 6
be cited as the Local Government Act 1960-1984.
| No. 17.] | Local Government. | [1984. |
Commence-
This Act shall come into operation on such day
or days as is or are respectively fixed by proclama-
tion.
| ment. | 2. |
Section 98
Section 98 of the principal Act is amended by
inserting after subsection (5) the following sub-
section
| amended. | 3. |
I <
(6) No part of any premises licensed for the sale of liquor shall be used for the purposes of any polling place. ".
| Section 181 | 4. |
Section 181 of the principal Act is amended in subsection (3b), by deleting "section 179 and those of subsections (2)" and substituting the following-
amended.
" subsection (1) of section 179 and those of sub- sections (2), (3) ".
Section 190
Section 190 of the principal Act is amended in paragraph (d) of subsection (7) by deleting "other than a by-law made under Part XV which relates to buildings, and which makes provisions for penalties for breach of by-laws made under that Part," and substituting the following-
| amended. | 5. |
" unless otherwise specifically provided by a provision of this Act under which a by-law is made, ".
| Section 21 | 7 |
| amende | d. | 6. Section 217 of the principal Act is amended in subsection (1) in the definition of "hawker" by deleting "or is in any street there". |
Section 242
| amended. | 7. Section 242 of the principal Act is amended |
| (a) | in subsection (1), by deleting the definition of "stall" and substituting the following definitions |
If "community association" means an
institution, association, club, society or body, whether incorpor- ated or not, the objects of which are of a charitable, benevolent,
| 19841 | Local Government. | [No. 17. |
religious, cultural, educational, recreational, sporting or other like nature and the members of which are not entitled or permitted to receive any pecuniary profit from the transactions thereof;
"stall" means a movable or temporarily fixed structure, stand or table in, on or from which goods, wares, merchandise or services are sold or offered for sale; ";
and
| (b) | by inserting after subsection (2) the following subsections |
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(3) Where a stall is set up by a community association and business is conducted at the stall by and for the purposes of the community association, fees or charges prescribed by by-laws made under paragraph (h) or (i) of subsection (2) of this section shall not be payable in respect of that stall or the licence under which it is set up.
(4) Notwithstanding section 190 (7) (d) (i), a by-law made under sub- section (2) (g) of this section may impose, for a breach of the by-law so made where the offence is committed in respect of a stall set up in a street or other public place, a maximum penalty of $1 000 or imprisonment for 6 months. ".
8. Section 244 of the principal Act is amended— =r4
|
(1) In this section
"community association" has the same meaning as it has in section 242;
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"trading" means selling goods, wares, merchandise or ser- vices, or offering goods, wares, merchandise or services for sale, in a street or other public place and includes displaying goods, wares or merchandise for the purpose of offering them for sale, inviting offers for sale, soliciting orders or carrying out any other trans- action therein, but does not include the setting up of a stall, or the conducting of business at a stall, under the authority of a licence issued under by-laws made under section 242.
(2) ";
| (b) | by inserting after paragraph (a) the follow- ing paragraph |
'C (aa) without limiting the powers con-
ferred by paragraph (a) of this
subsection, for-
(i) regulating the positions or places at which, and the days and times during which, a person may carry on trading;
(ii) requiring persons carrying on trading to do so under the authority of licences issued by the council;
(iii) prescribing charges to be paid, in addition to any fees payable in respect of licences issued by the council under by-laws made under subparagraph (ii) of this paragraph, by persons to whom those licences are so issued; and
| 1984.] | Local Government. | [No. 17. |
(iv) the regulation of trading
generally; ";
and
(o) by inserting the following subsections-
10 (3) Where trading is carried on by a
community association for the pur- poses of that community association, fees or charges prescribed by by-laws made under section 222 or subsection (2) (aa) of this section shall not be payable in respect of that trading or the licence under which it is carried on.
(4) Notwithstanding section 190 (7) (d) (i), a by-law made under sub- section (2) (aa) (ii) of this section may impose, for a breach of a by-law so made a maximum penalty of $1 000 or imprisonment for 6 months. ".
9. Section 247 of the principal Act is repealed. ,T„I,Vd.247
Section 259A
10.
| Section 259A of the principal Act is amended in paragraph (la) of subsection (1) by deleting ", and subject to" and substituting the following- | amended | . |
it , subject to ".
| 11. in paragraph (c) of subsection (2) by inserting after "agency" the following | Section 266 of the principal Act is amended amended.. |
| or any public statutory body, corporate or unincorporate, established by or under a law of the State ". |
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Section 266A
Section 266A of the principal Act is amended
in paragraph (c) (iii) of subsection (2) by inserting
after "agency" the following
| amended. | 12. |
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or any public statutory body, corporate or unincorporate, established by or under a law of the State ".
Section 267
Section 267 of the principal Act is amended
in paragraph (b) of subsection (5) by inserting after
"agency" the following-
| amended. | 13. |
" or any public statutory body, corporate or unincorporate, established by or under a law of the State ".
Heading to
| Part XV | 14. The principal Act is amended by deleting |
| Division 5 |
| deleted. | after section 380 the following heading- " Division 5.—Roofing and Ventilation. ". |
| Section 401 | |
| amended. | 15. Section 401 of the principal Act is amended by repealing subsection (7) and substituting the following subsections |
CC
(7) If the builder or owner on whom a notice mentioned in subsection (1) of this section has been served does not
| (a) | within 35 days of that on which the notice is served upon him, unless the requisitions in the notice are the subject of an appeal under this section; or |
| (b) | if an appeal under this section is dismissed, within 14 days of the dismissal, |
comply with the requisitions in the notice, a court of petty sessions on complaint by the council that he has not so complied with all
| 1984.] | Local Government. | [No. 17. |
or any of the requisitions in the notice and that the requisitions in respect of which the complaint is made are not the subject of appeal under this section, may order the person on whom the notice has been served to comply with the requisitions within a time to be fixed by the order, and the court may make such order as to the costs of and incidental to the proceedings relating to the order as the court thinks fit.
If an order made under subsection (7) of this section is not complied with by the person to whom it is directed within the time so fixed, the council may lawfully enter upon the land on which the building is erected or is in course of being erected and give effect to the requisitions and may, in a court of competent jurisdiction, recover the expense of so doing from the builder or owner on whom the notice was served.
(8)
An order made under subsection (7) of this section is not subject to appeal. ".
(9)
16. Section 408 of the principal Act is amended smtion408
in subsection (4) by deleting ", (b) ".
Section 496A
| 17. Section 446A of the principal Act is | amended. |
amended
| (a) | in subsection (2), by inserting after "subsidy," the following- |
" loan, "; and
| (b) | by inserting after subsection (3) the follow- ing subsection |
C' (4) A loan made by a council under
subsection (2) of this section may be made upon such terms and conditions as the council determines and without limiting the generality of the foregoing may provide for the payment of interest thereon. ".
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Section 512
| amended. | 18. |
Section 512 of the principal Act is amended by deleting paragraph (k).
Section 513
| amended. | 19. | Section 513 of the principal Act is amended |
in subsection (1)—
(i) in paragraph (g), by deleting "twenty dollars" in subparagraph (i) and sub- stituting the following-
" $50 ",
(ii) in paragraph (h), by deleting subparagraphs (i) and (ii) and sub- stituting the following subpara- graphs
4C (i) where the loss of earnings so
incurred is less than $50, the
amount of the loss; or
(ii) where the amount of the loss of earnings exceeds $50 or cannot accurately be certified, $50; ";
(iii) in paragraph (ha), by deleting subparagraphs (i) and (ii) and sub- stituting the following subpara- graphs
(i) where the loss of earnings so incurred is less than $50, the amount of the loss; or
(ii) where the loss of earnings so incurred exceeds $50 or cannot accurately be certified, $50. ".
Section 531A
| amended. | 20. Section 531A of the principal Act is amended by inserting after the definition of "gross rental value" the following definition- |
" "interim valuation" has the same meaning as under the Valuation of Land Act 1978; ".
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Section 534
| 21. Section 534 of the principal Act is repealed | substituted. |
and the following section is substituted-
Amendment
| 534. (1) Where, as the result of an interim valuation, a determination of the unimproved | of rate assessment |
| after interim | |
| value or the gross rental value of rateable | valuation. |
| land in a district comes into force under the Valuation of Land Act 1978 in any financial year and that unimproved value or gross rental value is an amount different from the amount entered for that year in the rate book of the municipality as the unimproved value or the gross rental value, as the case may be, of that land, the council of the munici- pality shall amend the rate book by entering therein the new value so determined. | |
| (2) Where a council amends a rate book under subsection (1) of this section it shall, on the basis of that amendment, re-assess the rates payable on the land in respect of the portion of the financial year unexpired as at the date the determination comes into force under the Valuation of Land Act 1978. ". |
22. After section 534 of the principal Act the rgggid5.35
following section is inserted—
| if | 535. (1) Where under section 534 the rates Effect of | amendment |
| payable on any land are reduced— | of rate |
| Under s. 534. |
| (a) | if notice of the former value and rate imposed on that value have already been served on the ratepayer, the council shall cause to be served upon him notice of the new value and re- duced amount of rate; and |
| (b) | if the ratepayer has already paid the amount of the rate imposed on the former value, the difference between that amount and the amount of the rate shown in the notice served pursuant to paragraph (a) of this subsection shall, if the ratepayer by |
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notice in writing to the council so elects within 30 days of the service of that notice on him, be appro- priated by the council in satisfaction or part satisfaction of any amount payable for rates in the future by the ratepayer to the council, but other- wise the council shall refund the amount of the difference to the ratepayer.
(2) Where under section 534 the rates pay-
able on any land are increased the ratepayer
shall be liable to pay those increased rates. ".
Section 60 1
| amended. | 23. Section 601 of the principal Act is amended |
(a) in paragraph (b) of subsection (1)-
(i) by inserting after "or agency" where it first occurs the following
'C or any public statutory body,
corporate or unincorporate, established by or under a law of the State "; and
(ii) by deleting "or agency" in the second place where it occurs and substitut- ing the following-
" , agency or body "; and
| (b) | in subsection (4), by deleting "or agency" wherever it occurs and substituting the following- |
" , agency or body ".
Section 6G9D
| amended. | 24. Section 669D of the principal Act is amended in paragraph (b) (i) of subsection (3), by deleting "authorized person" and substituting the follow- ing |
" authorized officer ".
| 1984.1 | Local Government. | [No. 17. |
25. The principal Act is amended by deleting the zza.47, heading immediately before section 678 and sub- substituted.
stituting the following heading-
" Division 3.—Making of Regulations.
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