Local Government Amendment Act 2000 (TAS)

Local Government Amendment Act 2000

An Act to amend the Local Government Act 1993

[Royal Assent 14 July 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Local Government Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Local Government Act 1993 is referred to as the Principal Act. 4Section 4 amended (Local Government Board) Section 4 of the Principal Act is amended by omitting subsection (5) . 5Part 2, Division 2: Heading amended Division 2 of Part 2 of the Principal Act is amended by inserting in the heading to that Division "of Councils" after "Reviews". 6Section 8 amended (Review of council) Section 8 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) ", subject to subsection (1A) " after "years"; (b) by inserting the following subsection after subsection (1) : (1A)  The Board is to complete the first general review of all councils by 31 January 2004. (c) by omitting subsection (3) and substituting the following subsection: (3)  Before carrying out a review of a council, the Board must give the council at least 30 days’ notice of the date on which the review is to start, unless the council requests otherwise. 7Section 9 amended (Scope of review) Section 9 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "is to" and substituting "may"; (b) by omitting paragraph (h) from subsection (1) ; (c) by omitting subsection (2) and substituting the following subsections: (2)  The Board may carry out a review of the governance and operations of a council. (3)  In carrying out any review, the Board may take into account any factor it considers relevant to the review. 8Section 10 amended (Procedure for review) Section 10 of the Principal Act is amended by inserting after subsection (2) the following subsection: (2A)  The Board is to publish in a daily newspaper circulating in the municipal area a statement – (a) specifying that a review is being carried out; and (b) if it is a specific review, specifying any matter being reviewed; and (c) inviting submissions relating to any matter referred to in section 9 or in the specific review. 9Section 11 amended (Report of review) Section 11 of the Principal Act is amended by inserting after subsection (5) the following subsections: (6)  The council is to keep all matters contained in the report and recommendations of the Board forwarded by the Minister confidential until published under subsection (7) . (7)  The Minister is to cause to be published the report and recommendations of the Board, excluding any matter that the Board advises is confidential and the Minister considers is exempt information under the Freedom of Information Act 1991 . 10Section 12 amended (Result of review) Section 12(1)(s) of the Principal Act is amended by omitting " Schedule 3A or". 11Part 2, Division 3 insertedAfter section 15 of the Principal Act , the following Division is inserted in Part 2: Division 3Reviews of single and joint authorities 15AReview of single and joint authorities (1)  The Board – (a) is to carry out a review of a single authority or a joint authority if the Minister so directs; or (b) may carry out the review if it so determines. (2)  The review may cover any one or more of the following: (a) the structure and rules of a single authority or joint authority; (b) the relationship between the authority and the single authority council or a participating council; (c) the management and operations of the authority; (d) any other relevant matter. 15BProcedure for review (1)  The Board may carry out a review in any manner it considers appropriate. (2)  Before carrying out a review of a single authority or joint authority, the Board is to give the single authority, joint authority or council concerned at least 30 days’ notice of the date on which the review is to start. (3)  In carrying out the review, the Board must provide – (a) reasonable opportunity for public consultation; and (b) reasonable opportunity for a single authority, joint authority or council concerned to make any submissions. (4)  Section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to a review carried out by the Board as if – (a) the Board were a Commission established under section 4 of that Act; and (b) the review were the inquiry being conducted by that Commission under that Act. 15CRecommendations (1)  The Board is to submit to the Minister a written report of any review it carries out together with its recommendations. (2)  On receipt of a report, the Minister is to – (a) forward a copy of the report to – (i) the single authority or joint authority concerned; and (ii) the participating councils concerned; and (iii) in relation to a single authority, the council concerned; and (b) invite submissions on any matter in the forwarded report within a specified period. (3)  After considering any submissions, the Minister may – (a) accept any or all of the Board’s recommendations; or (b) request the Board to reconsider any or all of its recommendations; or (c) reject any or all of the Board’s recommendations. (4)  The single authority, joint authority and council concerned is to keep all matters contained in the report and recommendations of the Board forwarded by the Minister confidential until published under subsection (5) . (5)  The Minister is to cause to be published the report and the recommendations of the Board, excluding any matter that the Board advises is confidential and the Minister considers is exempt information under the Freedom of Information Act 1991 . 12Section 20 amended (Functions and powers of councils) Section 20(1)(c) of the Principal Act is amended by omitting "available to the municipal area" and substituting "of the council". 13Section 22 amended (Delegation by council) Section 22(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) the writing off of any debts owed to the council; 14Section 27 amended (Functions of mayors and deputy mayors) Section 27 of the Principal Act is amended as follows: (a) by inserting the following paragraph before paragraph (a) in subsection (1) : (aa) to act as a leader of the community of the municipal area; and (b) by inserting in subsection (2) "and exercise the powers and perform the functions of mayor" after "of mayor"; (c) by inserting the following subsection after subsection (2) : (2A)  The mayor, by notice in writing, may delegate any power or function of the mayor to the deputy mayor for a specified period. 15Section 38 amended (Rules of authorities) Section 38 of the Principal Act is amended by inserting after subsection (6) the following subsection: (7)  Subsection (6) does not apply if the amendment – (a) is of a technical or administrative nature; or (b) does not significantly alter the purpose or objectives of the single authority or joint authority; or (c) does not significantly alter the interaction between the authority and the public. 16Section 40 amended (Election electors) Section 40 of the Principal Act is amended by omitting "councillors or the electors of the municipal areas as specified in Schedule 3A " and substituting "electors of the municipal area". 17Section 41 amended (Eligibility for nomination as mayor or deputy mayor) Section 41 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or deputy mayor" after "mayor"; (b) by inserting in subsection (1)(b) "as a councillor" after "appointed"; (c) by omitting subsection (2) ; (d) by omitting from subsection (3) "at the one election" and substituting "concurrently"; (e) by omitting from subsection (5) "at an election by the electors". 18Section 42 repealed Section 42 of the Principal Act is repealed. 19Section 43 amended (Election by electors) Section 43 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  The election of a mayor and deputy mayor of a council within a municipal area that is divided into electoral districts is to be conducted without taking into account those electoral districts. 20Section 43A insertedAfter section 43 of the Principal Act , the following section is inserted in Division 1: 43AElection by councillors in certain cases If there is no nomination for the office of mayor or deputy mayor of a council, the councillors of the council are to elect one of their number to the office in the prescribed manner. 21Section 44 amended (Term of office) Section 44 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "elected under section 43 "; (b) by omitting subsections (2) and (3) and substituting the following subsection: (2)  If the office of mayor becomes vacant for any reason, the deputy mayor is to act in that office – (a) until the certificate of election for the by-election for that vacancy is issued; or (b) if the vacancy is within 6 months before the notice of the election is to be given, until the certificate of election for that election is issued. (c) by inserting in subsection (4) "in the prescribed manner" after "to the office of deputy mayor"; (d) by inserting the following subsection after subsection (4) : (5)  If the deputy mayor is acting as mayor or is temporarily absent for any period, the councillors may appoint one of their number to act as deputy mayor during that period. 22Section 66 amended (Strategic plan) Section 66 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "each financial year" and substituting "as required"; (b) by omitting subsection (3) and substituting the following subsection: (3)  In preparing a proposed strategic plan or updating an existing strategic plan, a council is to consult with the community in its municipal area and any authorities and bodies it considers appropriate. (c) by inserting in subsection (4) "or updated strategic plan" after "plan". 23Section 67 repealed Section 67 of the Principal Act is repealed. 24Section 68 substituted Section 68 of the Principal Act is repealed and the following section is substituted: 68Proposed strategic plan After preparing a proposed strategic plan or updating an existing strategic plan, a council is to – (a) invite submissions in respect of the plan; and (b) consider the submissions before adopting or updating the plan. 25Section 69 amended (Public inspection of strategic plan) Section 69 of the Principal Act is amended by inserting "or amendments to a strategic plan" after "a strategic plan". 26Section 70 repealed Section 70 of the Principal Act is repealed. 27Section 71 substituted Section 71 of the Principal Act is repealed and the following section is substituted: 71Operational plan (1)  A council is to prepare an operational plan for the municipal area for each financial year. (2)  An operational plan is to – (a) be consistent with the strategic plan; and (b) include a statement of the manner in which the council is to meet the goals and objectives of the strategic plan; and (c) include a summary of the major strategies to be used in relation to its public health goals and objectives. (3)  The general manager is to – (a) make a copy of the operational plan available for public inspection at the public office during ordinary business hours; and (b) provide the Director and the Director of Public Health with a copy of the operational plan. 28Section 72 amended (Annual report) Section 72 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(ab) "objectives, policies and programs" and substituting "goals and objectives"; (b) by omitting from subsection (1)(b) "targets" and substituting "goals and objectives"; (c) by inserting in subsection (1A)(a) "and the Food Act 1998 " after " Public Health Act 1997 "; (d) by inserting in subsection (1A)(c) "goals," after "which its"; (e) by omitting from subsection (2)(c) "for purchase" and substituting "free of charge or"; (f) by omitting from subsection (2)(d) "on at least 2 separate occasions". 29Section 84 amended (Financial statements) Section 84(2)(da) of the Principal Act is amended by inserting "together with a statement of the revenue associated with that activity" after "year". 30Section 94 amended (Service charge) Section 94 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2)  In addition to making a service charge under subsection (1) , a council may make a service charge in respect of part or all of the amount of water supplied by the council based on the amount of water consumed. 31Section 134 amended Section 134 of the Principal Act is amended by omitting paragraphs (a) , (b) and (c) and substituting the following paragraphs: (a) the ratepayer or owner of the land; (b) the occupier of the land, with his or her agreement; (c) the ratepayer or owner of the land at the time the rates were made. 32Section 137 amended (Sale of land for unpaid rates) Section 137 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsections: (1)  If any rates in respect of land that is not Crown land have been outstanding for 3 years or more, the council may – (a) sell that land or part of that land as if it were the owner of the land – (i) by public auction; or (ii) if the proceeds of the sale are unlikely to meet the costs of the public auction, by direct sale; or (b) apply to the Minister for an order that the land be transferred to the council if it is not possible after reasonable inquiry to identify the owner of the land or the whereabouts of the owner. (1A)  The Minister may require a council to provide any information the Minister considers necessary to support an application under subsection (1) . (1B)  The provisions of section 140(3) and (4) apply to an order under subsection (1) as if it were an order under that section. (b) by omitting subsection (8) and substituting the following subsection: (8)  If the land fails to be sold, the council may retain the land as though it had purchased it. 33Section 152 amended (Enforcement) Section 152(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "to assist an employee of the council"; (b) by omitting from paragraph (b) "council" second occurring and substituting "police officer". 34Section 154 amended (Repeal and amendment of by-laws) Section 154 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or amended" after "repealed"; (b) by omitting subsection (2) . 35Section 156A amended (Regulatory impact statement) Section 156A of the Principal Act is amended as follows: (a) by omitting from subsection (1) "other than a by-law the whole purpose of which is to repeal another by-law"; (b) by inserting the following subsection after subsection (1) : (1A)  Subsection (1) does not apply to any by-law – (a) the whole purpose of which is to repeal another by-law; or (b) that is an amendment to an existing by-law that – (i) is of a minor or technical nature; or (ii) does not significantly alter the purpose or effect of the existing by-law; or (iii) does not alter the impact on the public of the existing by-law. 36Sections 189 and 190 amended Sections 189 and 190 of the Principal Act are repealed and the following sections are substituted: 189Closure of local highways (1)  A council in respect of land or premises under its control or management may – (a) allow any person to operate a market subject to any terms and conditions it determines or operate a market itself; and (b) close a local highway or part of a local highway to general traffic for that purpose. (2)  If a council intends to close a local highway or part of a local highway under subsection (1) , it is to publish a notice of intention in a daily newspaper circulating in the municipal area. (3)  The notice is to specify – (a) the details of the closure of the local highway or part of the local highway; and (b) any other matter which may affect the rights of the community. 190Objections (1)  A person may object to any matter specified in a notice of intention published under section 189 within 14 days after its publication. (2)  An objection is to be by notice in writing to the relevant general manager. (3)  A council is to consider any objection before closing a local highway or part of a local highway. 37Sections 191 and 192 amended Sections 191 and 192 of the Principal Act are repealed. 38Section 208 amended (Council map) Section 208(3) of the Principal Act is amended by inserting after paragraph (a) the following paragraph: (ab) may be in an electronic form; and 39Section 215 amended (Board of Inquiry) Section 215(1) of the Principal Act is amended by omitting paragraph (a) . 40Section 273 amended (Withdrawal of nomination or death of candidate) Section 273 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (2) : (2A)  If a candidate for the office of mayor or deputy mayor dies between the end of the nomination period for an election and the end of the polling period, the Chief Electoral Officer is to – (a) declare that election to be abandoned; and (b) fix another day as the closing day for a new election in respect of that office. (b) by inserting in subsection (3) "for the office of councillor" after "a candidate"; (c) by inserting in subsection (4) "for the office of councillor" after "candidate". 41Section 284 amended (Ballot material) Section 284 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4)  Statements of candidates are to be – (a) in accordance with any approved requirements; and (b) printed in an approved format. 42Section 288 amended (Ballot papers) Section 288 of the Principal Act is amended as follows: (a) by inserting in subsection (2) "for the office of councillor" after "candidates"; (b) by inserting the following subsection after subsection (2) : (3)  The names of the candidates for the office of mayor or deputy mayor are to be printed on the ballot papers in an order drawn by lot in the prescribed manner. 43Section 307 amended (Casual vacancies) Section 307 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "in the office of a councillor" after "casual vacancy"; (b) by omitting subsection (3) and substituting the following subsections: (3)  The Chief Electoral Officer is not to carry out a recount if a vacancy occurs during the period commencing 6 months before, and ending on the Thursday before, the day on which the notice of election for a forthcoming election is to be given. (3A)  The Chief Electoral Officer is to carry out a recount if a vacancy occurs during the period referred to in subsection (3) if the number of remaining councillors of a council is not sufficient to constitute a quorum. (3B)  The Chief Electoral Officer is to carry out a recount if – (a) a vacancy occurs during the period commencing on the Friday before the day on which the notice of a forthcoming election is to be given and ending on the day on which the certificate of election for that election is issued; and (b) the vacancy still exists after the issue of that certificate of election. 44Section 308 amended (By-elections) Section 308 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (ab) in subsection (1) : (ac) in accordance with section 307(3) , the vacancy has not been filled; or (b) by omitting from subsection (2)(b) "the closing day for that election is to occur within the next 6 months" and substituting "the vacancy occurs during the period referred to in section 307(3) "; (c) by omitting subsection (4) and substituting the following subsections: (4)  A vacancy in the office of mayor is to be filled by a by-election held in accordance with subsections (1A) , (2) and (3) . (5)  The deputy mayor is eligible to nominate at a by-election as a candidate for the office of mayor without having to resign the office of deputy mayor and, if so elected, ceases to hold the office of deputy mayor. (6)  If a mayor vacates office as both mayor and councillor, the vacancy in the office of councillor is to be filled by a by-election held concurrently with the by-election for the office of mayor. (7)  The term of office of a councillor or mayor at a by-election to fill a casual vacancy is the remainder of the term of office of the councillor or mayor who caused the vacancy. 45Section 349 amended (Regulations) Section 349 of the Principal Act is amended by inserting after subsection (1) the following subsection: (2)  The regulations may apply, adopt or incorporate any provisions of a code, standard, guideline or rule relating to local government. 46Schedule 1 amended (Membership of Local Government Board) Clause 6 of Schedule 1 to the Principal Act is amended by omitting subclause (2) and substituting the following subclause: (2)The Minister may appoint a suitable person to act as a substitute for an appointed member while that member – (a) in respect of any matter that is subject to a review or advice to the Minister, is excluded from any discussion on that matter because of a declared interest; or (b) is unable for any reason to perform the functions as such a member; or (c) is absent for any reason. 47Schedule 3A repealed Schedule 3A to the Principal Act is repealed. 48Schedule 4 amended (Meetings) Clause 5(2) of Schedule 4 to the Principal Act is amended by inserting "or other prescribed newspaper" after "newspaper". 49Schedule 7 amended (Counting of Votes) Part 3 of Schedule 7 to the Principal Act is amended as follows: (a) by omitting subclause (1) from clause 6 and substituting the following subclause: (1)The quota is calculated in accordance with the following formula: where – Q is the quota; FP is the total number of first preferences; C is the total number of candidates to be elected. (b) by omitting subclause (2) from clause 7 ; (c) by omitting from clause 9(d) "disregarding any fractional remainder" and substituting "truncated to 2 decimal places"; (d) by omitting from clause 11(4)(d) "disregarding any fractional remainder" and substituting "truncated to 2 decimal places"; (e) by inserting the following clause after clause 16 : 17.   Order of election (1)The order of election of councillors is the order in which the candidates receive a quota. (2)If more than one candidate receives a quota at the same count or transfer, the candidate with the highest number of votes is elected first, the candidate with the next highest number of votes is elected second and so on. (3)If under clause 13(6) one candidate is elected without a quota, that candidate is elected last. (4)If under clause 13(6) more than one candidate is elected without a quota and it is necessary to determine the order of election of those candidates for any reason, the votes received by the remaining unelected candidates are to be distributed until only one candidate has received less than a quota. 50Schedule 8 amended (Recount to Fill a Casual Vacancy) Schedule 8 to the Principal Act is amended as follows: (a) by omitting " section 306 (5) " from the definition of consent period in clause 1 of Part 1 and substituting " section 307(5) "; (b) by omitting Part 3 .

[Second reading presentation speech made in:

House of Assembly on 14 JUNE 2000

Legislative Council on 22 JUNE 2000]