Local Government Amendment Act 2004 (WA)

Western Australia

Local Government Amendment Act 2004

Western Australia

Local Government Amendment Act 2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Local Government Act 1995 amended	2
Part 2 — Amendments about audits
4.	Section 7.1 amended	3
5.	Division 1A inserted in Part 7	3
Division 1A — Audit committee

7.1A.	Audit committee	3
7.1B.	Delegation of some powers and duties to
audit committees	4
7.1C.	Decisions of audit committees	4

6.	Section 7.3 amended	4
7.	Section 7.9 amended	4
8.	Section 7.12A inserted	5

7.12A.

Duties of local government with respect to

audits

9.	Section 7.13 amended	6
Part 3 — Amendments about

WALGA

10.	Section 9.58 amended	8
11.	Section 1.4 amended	8
12.	“WAMA” replaced by “WALGA”	9
13.	Other Acts consequentially amended —
Schedule 1	9

Local Government Amendment Act 2004

Contents

14. Transitional and validation provisions —

Schedule 2

Part 4 — Other amendments

15.

Section 1.3 amended

16.

Amendments about special majority

17. Amendments about method of electing mayor or

president

2.12A.

Procedure to change method to election

by council

18.	Section 2.15 amended	14
19.	Section 2.25 amended	14
20.	Section 2.27 amended, consequential amendment
and transitional provision	14
21.	Section 2.37 amended	15
22.	Section 2.37A amended	15
23.	Section 3.12 amended	16
24.	Section 3.16 amended	16
25.	Section 3.40A inserted and consequential
amendments	16

3.40A.

Abandoned vehicle wreck may be taken

26.	Section 3.50 amended	18
27.	Section 3.58 amended	19
28.	Section 3.64 amended	19
29.	Section 3.66 amended	19
30.	Sections 4.1A and 4.1B inserted and savings
provision	20

4.1A.

Conflict with Commonwealth or State

election or referendum

4.1B.

Polling day may be changed where

conflict with Commonwealth or State

election or referendum

31.	Section 4.17 amended	21
32.	Section 4.20 amended and consequential
amendment	22
33.	Section 4.32 amended	23
34.	Section 4.33 amended	24
35.	Section 4.35 amended	24
36.	Section 4.37 amended	24
37.	Section 4.43 amended	24
38.	Section 4.48 amended	25
39.	Section 4.49 amended	25

Local Government Amendment Act 2004

Contents

40.	Section 4.51 amended	26
41.	Section 4.87 amended	26
42.	Amendments about principal activities	26

5.56.

Planning for the future

43.	Section 5.21 amended	27
44.	Section 5.36 amended	28
45.	Section 5.37 amended	28
46.	Section 5.39 amended and consequential
amendment	29
47.	Section 5.43 amended	30
48.	Section 5.47 amended	30
49.	Section 5.54 amended	30
50.	Section 5.60A amended	30
51.	Section 5.62 amended	31
52.	Section 5.63 amended	31
53.	Section 5.69 amended	32
54.	Section 5.95 amended	32
55.	Section 5.103 amended	33
56.	Section 6.2 amended	33
57.	Section 6.9 amended	34
58.	Section 6.14 amended	34
59.	Section 6.21 amended	34
60.	Section 6.23 amended	35
61.	Section 6.35 amended	36
62.	Section 6.51 amended	37
63.	Section 6.62 amended	37
64.	Section 6.74 amended and consequential
amendment	38
65.	Section 9.11 amended	38
66.	Section 9.59 amended	39
67.	Schedule 2.1 amended and savings provision	39
68.	Schedule 2.2 amended	40
69.	Schedule 2.3 amended	42
Division 3 — Validity of elections

10.	Definition of “election”	43
11.	Complaints about the validity of an
election	43
12.	Complaints to go to a Court of Disputed
Returns	44
13.	No appeal	44
14.	Certain defects do not affect an election	44

Local Government Amendment Act 2004

Contents

15. Regulations about retention and

availability of electoral papers

70.	Schedule 2.4 amended	45
71.	Schedule 2.5 amended	45
72.	Schedule 3.1 amended	46
73.	Schedule 9.3 amended and validation	46
74.	References to “Land Act 1933” changed	47
Schedule 1 — Consequential

amendments to other Acts

Division 1 — Amendments related to WALGA

Division 2 — Salaries and Allowances Act 1975

Schedule 2 — Transitional and

validation provisions —

WALGA

1.	Interpretation	59
2.	WALGA successor in law to bodies previously
constituted under section 9.58	59
3.	Agreements and instruments	60
4.	Validation	60
5.	Interpretation Act 1984 not affected	60

Western Australia

Local Government Amendment Act 2004

No. 49 of 2004

An Act to amend the Local Government Act 1995, to make consequential amendments to various other Acts and for related purposes.

[Assented to 12 November 2004]

The Parliament of Western Australia enacts as follows:

Local Government Amendment Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Local Government Amendment

Act 2004.

2. Commencement

(1)

This Act comes into operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

3. Local Government Act 1995 amended

The amendments in this Act are to the Local Government

Act 1995*, unless otherwise indicated.

[* Reprinted as at 18 February 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2002, Table 1, p. 223 and

Acts Nos. 20, 21 and 28 of 2003.]

Local Government Amendment Act 2004

Amendments about audits

Part 2

s. 4

Part 2 — Amendments about audits

4. Section 7.1 amended

Section 7.1 is amended by inserting after the definition of

“approved auditor” the following definition —

“

“audit committee” means an audit committee

established under section 7.1A;

”.

5. Division 1A inserted in Part 7

After Part 7 Division 1 the following Division is inserted —

“

Division 1A — Audit committee

7.1A.

Audit committee

(1)	A local government is to establish an audit committee of 3 or more persons to exercise the powers and discharge the duties conferred on it.
(2)	The members of the audit committee of a local government are to be appointed* by the local government and at least 3 of the members, and the majority of the members, are to be council members.
* Absolute majority required.
(3)	A CEO is not to be a member of an audit committee and may not nominate a person to be a member of an audit committee or have a person to represent him or her as a member of an audit committee.
(4)	An employee is not to be a member of an audit committee.

Local Government Amendment Act 2004

Part 2	Amendments about audits
s. 6

7.1B.

Delegation of some powers and duties to audit

committees

(1)	Despite section 5.16, the only powers and duties that a local government may delegate* to its audit committee are any of its powers and duties under this Part other
than this power of delegation.
* Absolute majority required.
(2)	A delegation to an audit committee is not subject to section 5.17.

7.1C.

Decisions of audit committees

Despite section 5.20, a decision of an audit committee

is to be made by a simple majority.

”.

6. Section 7.3 amended

Section 7.3(1) is amended by inserting after “person” —

“ , on the recommendation of the audit committee, ”.

7. Section 7.9 amended

(1)	Section 7.9(2) is amended as follows:

(a)	by deleting “or” after paragraph (a);
(b)	by deleting the comma after paragraph (b) and inserting instead —

“

; or

(c)	there is a matter arising from the examination of the accounts and annual financial report that needs to be addressed by the local government,

”;

(c)	by deleting “or misapplication” and inserting instead —

Local Government Amendment Act 2004

Amendments about audits

Part 2

s. 8

“ , misapplication or matter, ”.

(2)	After section 7.9(3) the following subsection is inserted —

“

(4)	If the Minister considers it appropriate to do so, the Minister is to forward a copy of the report referred to in subsection (3), or part of that report, to the CEO of the local government to be dealt with under section 7.12A.

”.

8. Section 7.12A inserted

Before section 7.13 the following section is inserted in Part 7

Division 4 —

“

7.12A.

Duties of local government with respect to audits

(1)	A local government is to do everything in its power to —

(a)	assist the auditor of the local government to conduct an audit and carry out his or her other duties under this Act in respect of the local government; and
(b)	ensure that audits are conducted successfully and expeditiously.

(2)

Without limiting the generality of subsection (1), a local government is to meet with the auditor of the local government at least once in every year.

(3)

A local government is to examine the report of the

auditor prepared under section 7.9(1), and any report

prepared under section 7.9(3) forwarded to it, and is

to —

(a)	determine if any matters raised by the report, or reports, require action to be taken by the local government; and

Local Government Amendment Act 2004

Part 2

Amendments about audits

s. 9

(b)	ensure that appropriate action is taken in respect of those matters.

(4)	A local government is to —

(a)	prepare a report on any actions under subsection (3) in respect of an audit conducted in respect of a financial year; and
(b)	forward a copy of that report to the Minister,

by the end of the next financial year, or 6 months after the last report prepared under section 7.9 is received by the local government, whichever is the latest in time.

”.

9. Section 7.13 amended

Section 7.13 is amended as follows:

(a)	by deleting “Regulations may make provision —” and inserting instead —

“

(1)

Regulations may make provision —

(aa)	as to the functions of the CEO and the audit committee in relation to audits carried out under this Part and reports made on those audits;
(ab)	as to the functions of audit committees, including the selection and recommendation of an auditor;
(ac)	as to the procedure to be followed in selecting an auditor;
(ad)	as to the contents of the annual report to be prepared by an audit committee;
(ae)	as to monitoring action taken in respect of any matters raised in a report by an auditor;

”;

Local Government Amendment Act 2004

Amendments about audits

Part 2

s. 9

(b)	by inserting after paragraph (b) the following paragraph —

“

(ba)	as to the copies of agreements between local governments and auditors being provided to the Department;

”.

(2)	At the end of section 7.13 the following subsection is inserted —

“

(2)	Regulations may also make any provision about audit committees that may be made under section 5.25 in relation to committees.

”.

Local Government Amendment Act 2004

Part 3	Amendments about WALGA
s. 10

Part 3 — Amendments about WALGA

10. Section 9.58 amended

(1)	Section 9.58(1) is repealed and the following subsection is inserted instead —

“

(1)	The Western Australian Local Government Association (“WALGA”) is constituted as a body corporate with perpetual succession and a common seal.

”.

(2)	Section 9.58 is further amended as follows:

(a)	in subsections (2), (4) and (6) by deleting “an association” in each place where it occurs and inserting instead —

“ WALGA ”.

(b)	in subsections (3), (5) and (7) by deleting “An association” in each place where it occurs and inserting instead —

“ WALGA ”.

11. Section 1.4 amended

Section 1.4 is amended by deleting the definition of “WAMA”

and inserting the following definition instead —

“

“WALGA” means the Western Australian Local

Government Association constituted under

section 9.58;

”.

Local Government Amendment Act 2004

Amendments about WALGA	Part 3
s. 12

12. “WAMA” replaced by “WALGA”

Each provision referred to in the Table to this section is amended by deleting “WAMA” and inserting instead —

“ WALGA ”.

Table

s. 5.49(2), (4) and (6)

Sch. 2.5 cl. 2(b), 4(1), 11(2)(b)

Sch. 8.1 cl. 1(1)(b) and (c), (1a) and (3), 2(2)

13. Other Acts consequentially amended — Schedule 1

Schedule 1 has effect.

14. Transitional and validation provisions — Schedule 2

Schedule 2 has effect.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 15

Part 4 — Other amendments

15. Section 1.3 amended

After section 1.3(2) the following subsection is inserted —

“

(3)	In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.

”.

16. Amendments about special majority

(1)	Section 1.4 is amended by deleting the definition of “75% majority”.
(2)	Section 5.17(1)(a)(i) is amended by deleting “or a 75% majority”.
(3)	Section 5.43(a) is amended by deleting “or a 75% majority”.
(4)	Each of the footnotes to the provisions referred to in the Table to this subsection are amended by deleting “Special” and inserting instead —
“ Absolute ”.

Table

s. 3.12(4)	s. 4.61(2)
s. 4.20(4)

(5)	Schedule 2.4 clause 6(3) is amended by deleting “or a special majority”.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 17

17. Amendments about method of electing mayor or president

(1)

Section 2.11(2) is amended by deleting “to the other method

mentioned in subsection (1)(a) or (b)” and inserting instead —

“

from the election by the council method to the election

by the electors method

”.

(2)	After section 2.11(3) the following subsection is inserted —

“

(4)

The method of filling the office of mayor or president

used by a local government is changed from the

election by the electors method to the election by the

council method if the result of a poll declared under

section 2.12A(4) is that a majority of electors of the

district who voted at the poll voted in favour of the

change.

”.

(3)

Section 2.12(3) is repealed and the following subsection is

inserted instead —

“

(3)	If the proposal is to change the method of filling the office of mayor or president from the election by the council method to the election by the electors method,

consideration is to be given to the proposal by such

means as the council thinks fit after which a motion to

change the method of filling the office of mayor or

president is to be put to the council for decision under

section 2.11(2).

”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 17

(4)	After section 2.12 the following section is inserted —

“

2.12A.

Procedure to change method to election by council

(1) If —

(a)	electors of the district, acting under section 2.12(1), propose; or
(b)	the council, by motion passed by it, proposes,

to change the method of filling the office of mayor or president of the local government from the election by the electors method to the election by the council

method, the local government is to —

(c)	give local public notice of the proposal stating that submissions about the proposal may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and
(d)	consider or reconsider the proposal in view of any submissions received.

(2)	Subject to section 2.13(3), if the local government decides to proceed with the proposal, there is to be a poll of the electors of the district on the proposal and —

(a)	the Advisory Board is to —

(i) determine the question to be voted on by the electors of the district; and

(ii) prepare a summary of the case for each way of voting on the question;

(b)	the Electoral Commissioner is to —

(i) make the summary available to the electors before the poll is conducted;

Local Government Amendment Act 2004

Other amendments	Part 4
s. 17

(ii) be responsible for the conduct of the poll; and

(iii) appoint a person to be the returning officer of the local government for the poll;

and

(c)	the local government is to meet the expenses of the Electoral Commissioner in connection with the poll to the extent required by regulations.

(3)

The returning officer is to conduct the poll for and under the direction of the Electoral Commissioner.

(4)

As soon as is practicable after the result of the poll is

known the returning officer is to declare and give

notice of the result in accordance with regulations.

(5)

A poll referred to in this section is not to be held more

than once in every 4 years in a district, even if a

proposal has been made by the electors under

section 2.12.

”.

(5)	Section 2.13(1) is amended by deleting “decision under section 2.11(2) to change” in the second place where it occurs and inserting instead —
“ change under section 2.11(4) ”.
(6)	Section 2.13(2) is amended by deleting “A decision under section 2.11(2) to change” and inserting instead —
“ A change under section 2.11(4) ”.
(7)	Section 2.13(3) is amended by inserting after “during” —
“

, and a decision under section 2.12A(2) has no effect

unless a poll resulting from it is held before,

”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 18

18. Section 2.15 amended

Section 2.15 is amended by deleting “from amongst the

councillors”.

19. Section 2.25 amended

(1)	Section 2.25(3) is amended by inserting after “leave” —
“

, or refusal to grant the leave and reasons for that

refusal,

”.

(2)

Section 2.25(4) is amended by inserting before “is

disqualified” —

“

, or throughout all ordinary meetings of the council for a

period of 2 months,

”.

20. Section 2.27 amended, consequential amendment and transitional provision

(1)	Section 2.27(4)(a) is amended by deleting “28” and inserting instead —
“ 14 ”.
(2)	Section 2.27(5) is amended by deleting “28” and inserting instead —
“ 14 ”.
(3)	Section 2.27(6) is amended by deleting from paragraph (b) to the end of the subsection and inserting instead —

“

(b)	applies to a court of summary jurisdiction asking for a declaration as to whether or not the

Local Government Amendment Act 2004

Other amendments	Part 4
s. 21

member is disqualified and gives a copy of the

application to the CEO,

or if, within that time, the member advises the CEO in

writing that the member accepts that he or she is

disqualified, then the member is disqualified and the

CEO is to give the member written notice to that effect

without delay.

”.

(4)	Section 2.27(7) is amended by deleting “A person other than the CEO” and inserting instead —
“ Notwithstanding subsection (6), any person ”.
(5)	Section 2.32(d) is amended by inserting after “disqualified,” —
“ is disqualified under section 2.27(6), ”.
(6)	Section 2.27 of the Local Government Act 1995 as in force immediately before the commencement of this section applies to and in respect of a member given notice under section 2.27(3) of that Act before that commencement, with respect to that notice.

21. Section 2.37 amended

Section 2.37(6) is amended by deleting “one year” and inserting

instead —

“ 2 years ”.

22. Section 2.37A amended

Section 2.37A(3) is amended by deleting “one year” and

inserting instead —

“ 2 years ”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 23

23. Section 3.12 amended

(1)

Section 3.12(2) is amended by deleting “read aloud, or cause to

be read aloud, a summary of the purpose and effect of the

proposed local law.” and inserting instead —

“

give notice to the meeting of the purpose and effect of

the proposed local law in the prescribed manner.

”.

(2)

Section 3.12(6) is amended by deleting “Statewide” and

inserting instead —

“ local ”.

(3)

After section 3.12(7) the following subsection is inserted —

“

(8)	In this section —
“making” in relation to a local law, includes making a

local law to amend the text of, or repeal, a local

law.

”.

24. Section 3.16 amended

(1)

Section 3.16(2)(c) is amended by deleting “12” and inserting

instead —

“ 6 ”.

(2)

Section 3.16(5) is repealed.

25. Section 3.40A inserted and consequential amendments

(1)	After section 3.40 the following section is inserted —

Local Government Amendment Act 2004

Other amendments	Part 4
s. 25

“

3.40A.

Abandoned vehicle wreck may be taken

(1)	An employee authorised by a local government for the purpose may remove and impound a vehicle that, in the opinion of the local government, is an abandoned
vehicle wreck.
(2)	If, within 7 days after a vehicle is removed under subsection (1), the owner of the vehicle is identified, the local government is to give notice to that person advising that the vehicle may be collected from a place specified during such hours as are specified in the notice.
(3)	A notice is to include a short statement of the effect of subsection (4)(b) and the effect of the relevant provisions of sections 3.46 and 3.47.

(4) If —

(a)	after 7 days from the removal of a vehicle under subsection (1), the owner of the vehicle has not been identified; or
(b)	after 7 days from being given notice under subsection (2), the owner of the vehicle has not collected the vehicle,

the local government may declare that the vehicle is an

abandoned vehicle wreck.

(5)	In this section —
“abandoned vehicle wreck” means a vehicle —

(a)	that is not operational;
(b)	the owner of which has not been identified by the local government after using all reasonable avenues to do so; and

Local Government Amendment Act 2004

Part 4	Other amendments
s. 26

(c)	that has a value that is less than the prescribed value calculated in the prescribed manner.

”.

(2)	Section 3.46(1) is amended by inserting after “3.39” —
“ or 3.40A ”.
(3)	Section 3.46(2) is amended by inserting after “3.40” —
“ or 3.40A ”.
(4)	Section 3.47(2) is amended by deleting “within 2 months of a notice having been given under section 3.40(3).” and inserting instead —
“

within —

(a)	2 months of a notice having been given under section 3.40(3); or
(b)	7 days of a declaration being made under section 3.40A(4) that the vehicle is an abandoned vehicle wreck.

”.

26. Section 3.50 amended

(1)	Section 3.50(1) is amended as follows:

(a)	by deleting “, by local public notice, order that a thoroughfare that it manages is” and inserting instead —

“

close any thoroughfare that it manages to the passage

of vehicles,

”;

(b)	by deleting “closed to the passage of vehicles” and inserting instead —

“ , for a period not exceeding 4 weeks ”.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 27

(2)	After section 3.50(1) the following subsection is inserted —

“

(1a)	A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

”.

(3)	Section 3.50(3) is repealed.
(4)	Section 3.50(7) is repealed.
(5)	Section 3.50(8) is amended by deleting “(7)” and inserting instead —
“ (1) ”.

27. Section 3.58 amended

Section 3.58(3)(a) is amended by deleting “Statewide” and

inserting instead —

“ local ”.

28. Section 3.64 amended

Section 3.64(e) is amended by inserting after “council” —

“

and the term of office of a chairman and deputy

chairman, which is not to exceed 2 years

”.

29. Section 3.66 amended

Section 3.66(3)(a) is amended by deleting “and 2.29” and

inserting instead —

“ , 2.26, 2.29 and 2.32(e) ”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 30

30. Sections 4.1A and 4.1B inserted and savings provision

(1)	After section 4.1 the following sections are inserted in Part 4 Division 1 —

“

4.1A.

Conflict with Commonwealth or State election or

referendum

(1)	On a day fixed as polling day for a district or region under the Electoral Act 1907, no election, referendum or other poll is to be held under this Act in, or in any part of, that district or region.
(2)	On a day fixed for the holding of a referendum, as defined in the Electoral Act 1907, no election, referendum or other poll is to be held under this Act.
(3)	On a day appointed under the Commonwealth Electoral Act 1918 as polling day for an election of Senators for the State, no election, referendum or other poll is to be held under this Act.
(4)	On a day appointed as polling day for an election of the House of Representatives for an Electoral Division in the State under the Commonwealth Electoral Act 1918, no election, referendum or other poll is to be held under this Act in, or in any part of, that Electoral Division.
(5)	On a day fixed as voting day in the State, or an Electoral Division in the State under the Referendum (Machinery Provisions) Act 1984 of the Commonwealth, no election, referendum or other poll is to be held under this Act in the State, or in any part of that Electoral Division, as is relevant.
(6)	In this section —
“Electoral Division” has the same meaning as it has in

the Commonwealth Electoral Act 1918.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 31

4.1B.

Polling day may be changed where conflict with Commonwealth or State election or referendum

(1)

Despite anything else in this Act and subject to

subsection (2), where a poll cannot be held on the day

fixed under this Act due to section 4.1A, the Governor

may, before the day fixed for the poll, by order under

section 9.62 fix a later day for the holding of the poll.

(2)

The time for the holding of a poll is not to be extended

under this section by more than 14 days later than the

time originally fixed.

”.

(2)	Despite subsection (1), if the day for an election, referendum or other poll was fixed under the Local Government Act 1995 before the commencement of this section, sections 4.1A and 4.1B of that Act as inserted by subsection (1) do not apply in respect of that election, referendum or other poll.

31. Section 4.17 amended

(1)	After section 4.17(2) the following subsections are inserted —

“

(3)	If a councillor’s office becomes vacant under section 2.32 —

(a)	in a district that has no wards; and
(b)	at least 80% of the number of offices of member of the council in the district are still filled,

the council may, with the approval of the Electoral

Commissioner, allow* the vacancy to remain unfilled

and, subject to subsection (4), in that case, the term of

the member who held the office is to be regarded in

section 4.6 as ending on the day on which it would

have ended if the vacancy had not occurred.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 32
*Absolute majority required.

(4)

If an ordinary or an extraordinary election is to be held

in a district then an election to fill any vacancy in the

office of councillor in that district that was allowed to

remain unfilled under subsection (3) is to be held on

the same election day and Division 9 applies to those

elections as if they were one election to fill all the

offices of councillor for the district or ward that need to

be filled.

”.

32. Section 4.20 amended and consequential amendment

(1)

Section 4.20(2) is amended by deleting “for an election.” and

inserting instead —

“

for —

(a)	an election; or
(b)	all elections held while the appointment of the person subsists.

”.

(2)	Section 4.20(3) is amended by deleting “(2) has no effect if it is

made after the 80	day before election day.” and inserting
instead —
“

(2) —

(a)	is to specify the term of the person’s appointment; and

(b)	has no effect if it is made after the 80	day
before an election day.

”.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 33

(3)	Section 4.20(4) is amended as follows:

(a)	by inserting after “election” in the first place where it occurs —

“

, or all elections conducted within a particular period of

time,

”;

(b)	by inserting after “election” in the second place where it occurs —

“ or elections ”.

(4)

Section 4.20(5) is amended by inserting after “day” in the

second place where it occurs —

“

unless a declaration has already been made in respect

of an election for the local government and the

declaration is in respect of an additional election for the

same local government

”.

(5)

Section 4.61(3) is amended by inserting after “day” in the

second place where it occurs —

“

unless a declaration has already been made in respect

of an election for the local government and the

declaration is in respect of an additional election for the

same local government

”.

33. Section 4.32 amended

Section 4.32(3) is amended by inserting after “months” —

“

and, if so prescribed, is liable to pay rent in respect of

that occupation of at least the prescribed amount

Local Government Amendment Act 2004

Part 4	Other amendments
s. 34

”.

34. Section 4.33 amended

Section 4.33(2) is amended by deleting “accepted.” and

inserting instead —

“

accepted or, if the council of the local government is suspended, the day the third ordinary election of the local government would have been held but for the

suspension.

”.

35. Section 4.35 amended

Section 4.35(6) is amended by deleting “(1)” and inserting

instead —

“ (2) ”.

36. Section 4.37 amended

Section 4.37(3)(a) is amended by deleting “50” and inserting

instead —

“ 100 ”.

37. Section 4.43 amended

Section 4.43(4) is amended by deleting “and the certification of

corrections” and inserting instead —

“

, the certification of corrections and procedures to be

followed in altering or correcting the rolls

”.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 38

38. Section 4.48 amended

(1)

Section 4.48(1) is amended by deleting “as at the close of

enrolments” and inserting instead —

“

who, as at the close of enrolments, was qualified under

section 2.19 to be elected as a member of the council

”.

(2)

Section 4.48(1)(c) is amended by deleting “the council other

than an office the term of which will end on election day.” and

inserting instead —

“

a council other than an office the term of which will

end on, or before, election day.

”.

(3)

Section 4.48(2) is amended by inserting after “council” the

following —

“

and is not the holder of an office of member of a

council other than an office the term of which will end

on, or before, election day

”.

39. Section 4.49 amended

Section 4.49(a) is amended by deleting “30th”

and inserting

instead —

“ 37

”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 40

40. Section 4.51 amended

Section 4.51(1) is amended after paragraph (b) by deleting “or”

and inserting —

“

(ba)	as at the close of enrolments, the candidate was not qualified to be elected as a member of a council due to section 2.19(2); or

”.

41. Section 4.87 amended

Section 4.87(1) is amended as follows:

(a)	in paragraph (a) by deleting “the name” and inserting instead —

“ in the case of all electoral material, the name ”;

(b)	after paragraph (a) by deleting “or” and inserting instead —

“ and ”.

42. Amendments about principal activities

(1)	The description printed in italics at the beginning of Part 5 is amended in paragraph (c) by deleting “for principal activities”.
(2)	The heading to Part 5 Division 5 is amended by deleting “principal activities”.
(3)	Section 5.52 is repealed.
(4)	Section 5.53(2)(c) and (d) are deleted.
(5)	Section 5.53(2)(e) is amended by deleting “the principal activities” and inserting instead —

“

the plan for the future of the district made in

accordance with section 5.56, including major

initiatives

Local Government Amendment Act 2004

Other amendments

Part 4

”.

(6)	Sections 5.56, 5.57 and 5.58 are repealed and the following section is inserted instead —

“

5.56.

Planning for the future

(1)

A local government is to plan for the future of the

district.

(2)

A local government is to ensure that plans made under

subsection (1) are in accordance with any regulations

made about planning for the future of the district.

”.

(7)	Section 5.94(f) is deleted and the following paragraph is inserted instead —

“

(f)	plan for the future of the district made in accordance with section 5.56;

”.

(8)	Section 6.2(2) is amended by deleting “for principal activities accepted by a local government under section 5.58” and inserting instead — “

for the future of the district made in accordance with

section 5.56

”.

43. Section 5.21 amended

(1)

Section 5.21(3) is amended by deleting “may cast a second

vote.” and inserting instead —

“ is to cast a second vote. ”.

(2)

After section 5.21(4) the following subsection is inserted —

Local Government Amendment Act 2004

Part 4	Other amendments
s. 44

“

(5)	A person who fails to comply with subsection (2) or (3) commits an offence.

”.

44. Section 5.36 amended

(1)	Section 5.36(2)(b) is amended by deleting “satisfied with the provisions of the proposed employment contract.” and inserting instead —

“

satisfied* with the provisions of the proposed

employment contract.

* Absolute majority required.

”.

(2)	Section 5.36(4) is repealed and the following subsections are inserted instead —

“

(4)

If the position of CEO of a local government becomes

vacant, it is to be advertised by the local government in

the manner prescribed, and the advertisement is to

contain such information with respect to the position as

is prescribed.

(5)

For the avoidance of doubt, subsection (4) does not

impose a requirement to advertise a position before the

renewal of a contract referred to in section 5.39.

”.

45. Section 5.37 amended

Section 5.37(3) is repealed and the following subsections are

inserted instead —

“

(3)	If the position of a senior employee of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the

Local Government Amendment Act 2004

Other amendments	Part 4
s. 46

advertisement is to contain such information with

respect to the position as is prescribed.

(4)	For the avoidance of doubt, subsection (3) does not impose a requirement to advertise a position where a contract referred to in section 5.39 is renewed.

”.

46. Section 5.39 amended and consequential amendment

(1)

Section 5.39(1) is amended by deleting “The” and inserting

instead —

“ Subject to subsection (1a), the ”.

(2)

After subsection 5.39(1) the following subsection is inserted —

“

(1a)	Despite subsection (1) —

(a)	an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the

position in which he or she is acting; and

(b)	a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.

”.

(3)	After section 5.39(6) the following subsection is inserted —

“

(7)

A report made by the Salaries and Allowances Tribunal, under section 7A of the Salaries and Allowances Act 1975, containing recommendations as

to the remuneration to be paid or provided to a CEO is

to be taken into account by the local government before

entering into, or renewing, a contract of employment

with a CEO.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 47

”.

(4)	Section 5.37(2) is amended by inserting after “employee” —

“

, other than a senior employee referred to in

section 5.39(1a),

”.

47. Section 5.43 amended

(1)	Section 5.43(e) is amended by inserting after “5.98” —
“ , 5.98A ”.
(2)	Section 5.43(e) is amended by inserting after “5.99” —
“ , 5.99A ”.

48. Section 5.47 amended

Section 5.47(2)(a) is amended by inserting after “scheme” —

“ or schemes ”.

49. Section 5.54 amended

Section 5.54(1) is amended by deleting “accepted by the local

government no later than 31 December after that financial

year.” and inserting instead —

“

accepted* by the local government no later than

31 December after that financial year.

* Absolute majority required.

”.

50. Section 5.60A amended

Section 5.60A is amended by inserting after “government” —

Local Government Amendment Act 2004

Other amendments	Part 4
s. 51

“

, or an employee or committee of the local government

or member of the council of the local government,

”.

51. Section 5.62 amended

(1)	After section 5.62(1)(c) the following paragraph is inserted —

“

(ca)	the person belongs to a class of persons that is prescribed;

”.

(2)

Section 5.62(1)(d)(ii) is amended by deleting “nominal” in both

places where it occurs.

(3)

Section 5.62(2) is amended as follows:

(a)	by deleting “(ea)”;
(b)	by deleting the full stop at the end of the subsection and inserting —
“

;

“value”, in relation to shares, means the value of the

shares calculated in the prescribed manner or using

the prescribed method.

”.

52. Section 5.63 amended

Section 5.63(1) is amended as follows:

(a)	in paragraph (c) by inserting after “5.98,” —

“ 5.98A, ”;

(b)	in paragraph (c) by inserting after “5.99,” —

“ 5.99A, ”;

(c)	by deleting paragraph (e);

Local Government Amendment Act 2004

Part 4	Other amendments
s. 53

(d)	in paragraph (g) by deleting “a written law” and inserting instead —

“ this Act or any other written law ”.

53. Section 5.69 amended

(1)	Section 5.69(1) is amended by inserting after “meeting” —
“ , and any subsequent meeting, ”.
(2)	Section 5.69(3) is amended by inserting after “meeting” —
“ , and at any subsequent meeting, ”.

54. Section 5.95 amended

(1)	Section 5.95(5)(b) is deleted and the following paragraph is inserted instead —

“

(b)	the information is prescribed as being of a private nature.

”.

(2)	After section 5.95(5) the following subsections are inserted —

“

(6)	Subject to subsection (7), a person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information —

(a)	referred to in a paragraph of that section that is prescribed as being confidential information for the purposes of this subsection; or
(b)	referred to in that section of a type prescribed as confidential for the purposes of this subsection,

for the period of time prescribed in relation to the

information.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 55

(7)	Subsection (6) does not apply in respect of information in relation to a local government if —

(a)

the information is prescribed as information inspection if the local government so resolves; and

(b)	the local government has resolved that the information is to be available for inspection.

(8)

A person’s right to inspect information referred to in

section 5.94 does not extend to the inspection of

information referred to in paragraph (m) of that section

if the information is information that has been omitted

by regulations made under section 4.38 from the

electoral roll for the protection of an elector or his or

her family.

”.

55. Section 5.103 amended

Section 5.103(3) is amended as follows:

(a)	by inserting after “prescribe” —

“ codes of conduct or ”;

(b)	by inserting after “government” —

“ under subsection (1) ”.

56. Section 6.2 amended

Section 6.2(1) is amended as follows:

(a)	by deleting “Not later than 31 August in each” and inserting instead —

“

During the period from 1 June in a financial year to

31 August in the next

”;

Local Government Amendment Act 2004

Part 4	Other amendments
s. 57

(b)	by deleting “next following 30 June” and inserting instead —

“ 30 June next following that 31 August ”.

57. Section 6.9 amended

Section 6.9(4) is amended by deleting “is to” and inserting

instead —

“ may ”.

58. Section 6.14 amended

Section 6.14(1) is amended by deleting from “invested” to the

end of the subsection and inserting instead —

“

invested in accordance with Part III of the Trustees

Act 1962.

”.

59. Section 6.21 amended

Section 6.21(1) is repealed and the following subsections are

inserted instead —

“

(1)	Where, under section 6.20(1), a regional local government borrows money, obtains credit or arranges for financial accommodation to be extended to the regional local government that money, credit or financial accommodation is to be secured only —

(a)	by the regional local government giving security over the financial contributions of the participants to the regional local government’s funds as set out or provided for in the establishment agreement for the regional local government;

Local Government Amendment Act 2004

Other amendments	Part 4
s. 60

(b)	by the regional local government giving security over Government grants which were not given to the regional local government for a specific purpose; or
(c)	by a participant giving security over its general funds to the extent agreed by the participant.

(1a)	Despite subsection (1)(a) and (c), security cannot be given over —

(a)	the financial contributions of a particular participant to the regional local government’s funds; or
(b)	the general funds of a particular participant,

if the participant is not a party to the activity or

transaction for which the money is to be borrowed by,

the credit is to be obtained for, or the financial

accommodation is to be extended to, the regional local

government.

”.

60. Section 6.23 amended

(1)

Section 6.23(2) is amended by deleting “this section” and

inserting instead —

“ subsection (1) ”.

(2)

After section 6.23(2) the following subsection is inserted —

“

(3)	In relation to a regional local government a receiver is entitled to receive whichever of the following over which security has been given in a particular case —

(a)	the financial contributions of the participants to the regional local government’s funds as set out or provided for in the establishment agreement

for the regional local government;

Local Government Amendment Act 2004

Part 4

Other amendments

s. 61

(b)	Government grants which were not given to the regional local government for a specific purpose;
(c)	the general funds of a participant to the extent that those funds secure either money borrowed by, credit obtained for, or financial

accommodation extended to, the regional local

government.

”.

61. Section 6.35 amended

(1)

Section 6.35(3) is amended by deleting “than 50% of the

number of separately rated properties in the district on” and

inserting instead —

“

than —

(a)	50% of the total number of separately rated properties in the district; or
(b)	50% of the number of properties in each category referred to in subsection (6),

”.

(2)

Section 6.35(4) is amended by deleting “of the number of

separately rated properties in the district unless” and inserting

instead —

“

of —

(a)	the number of separately rated properties in the district; or
(b)	the number of properties in each category referred to in subsection (6),

unless

Local Government Amendment Act 2004

Other amendments

Part 4

”.

(3)	Section 6.35(6) is amended as follows:

(a)	by deleting “may” and inserting instead —

“ is to ”;

(b)	by inserting after “(4)” —

“ in respect of each of the following categories ”.

62. Section 6.51 amended

Section 6.51(1) is repealed and the following subsection is

inserted instead —

“

(1)	A local government may at the time of imposing a rate or service charge resolve* to impose interest (at the rate set in its annual budget) on —

(a)	a rate or service charge (or any instalment of a rate or service charge); and
(b)	any costs of proceedings to recover any such charge,

that remains unpaid after becoming due and payable.

* Absolute majority required.

”.

63. Section 6.62 amended

Section 6.62 is amended by deleting “towards the rates or services charges due on the land in the order in which they become due.” and inserting instead —

“

towards —

(a)	the rates or services charges due on the land in the order in which they become due; and

Local Government Amendment Act 2004

Part 4

Other amendments

s. 64

(b)	any outstanding costs of proceedings for the recovery of any such rates or charges.

”.

64. Section 6.74 amended and consequential amendment

(1)	Section 6.74(4) is amended by deleting “applies, as if it were a transfer or conveyance, as the case may be, expressed to be in exercise of the power of sale.” and inserting instead —
“

clause 8 has effect in relation to the exercise of the

power referred to in subsection (1).

”.

(2)	Schedule 6.3 clause 8(1) is amended by inserting after “section 6.71” —
“ , or by the Minister under section 6.74(3), ”.
(3)	Schedule 6.3 clause 8(6) is amended by inserting after “section 6.71” —
“ , 6.74 ”.

65. Section 9.11 amended

(1)	Section 9.11(1) is amended by deleting “and place of residence” and inserting instead —
“ , place of residence and date of birth ”.
(2)	Section 9.11(2)(a) is amended by deleting “and address” and inserting instead —
“ , place of residence and date of birth ”.
(3)	Section 9.11(4) is amended by deleting “and place of residence” and inserting instead —
“ , place of residence and date of birth ”.

Local Government Amendment Act 2004

Other amendments	Part 4
s. 66

66. Section 9.59 amended

Section 9.59(2)(a) is amended by inserting before

“functions” —

“ selection, employment and ”.

67. Schedule 2.1 amended and savings provision

(1)	The amendments in this section are to Schedule 2.1.
(2)	Clause 2(2)(a) is amended by deleting “proposal and” and inserting instead —
“ proposal, the reasons for making the proposal and ”.
(3)	Clause 3(2) is amended by deleting “or” after paragraph (a) and inserting instead —

“

(aa)	where the proposal was made by affected electors under clause 2(1)(d), that the majority of those electors no longer support the proposal; or

”.

(4)	Clause 9 is amended as follows:

(a)	by inserting before “Where” the subclause designation “(1)”;
(b)	by deleting paragraph (b)(ii) and inserting the following subparagraph instead —

“

(ii) subject to subclause (2), declare* the Electoral Commissioner, or a person approved by the Electoral Commissioner, to

be responsible for the conduct of the poll under Part 4, and return the results to the Minister.

* Absolute majority required.

”.

(5)	At the end of clause 9 the following subclause is inserted —

Local Government Amendment Act 2004

Part 4	Other amendments
s. 68

“

(2)	Before making a declaration under subclause (1)(b)(ii), the local government is to obtain the written agreement of the Electoral Commissioner.

”.

(6)	Schedule 2.1 of the Local Government Act 1995 as in force immediately before the commencement of this section applies to and in respect of any proposal made under clause 2 of that Schedule before that commencement.

68. Schedule 2.2 amended

(1)	The amendments in this section are to Schedule 2.2.
(2)	Clause 4(2) is amended as follows:

(a)	by deleting “reject the submission” and inserting instead —

“

propose* to the Advisory Board that the submission be

rejected

”;

(b)	by inserting at the end of the subclause —

“ * Absolute majority required. ”.

(3)	Clause 4(3) is repealed and the following subclause is inserted instead —

“

(3)	If, in the council’s opinion —

(a)

a submission is substantially similar in effect to a submission about which the local government has made a decision (whether an approval or otherwise)

within the period of 2 years immediately before the

submission is made; or

(b)

the majority of effected electors who made the submission no longer support the submission,

the local government may reject the submission.

Local Government Amendment Act 2004

Other amendments

Part 4

”.

(4)	Clause 4(4) is amended by inserting after “rejects” —
“ , or proposes to reject, ”.
(5)	Clause 6 is amended by inserting before “A” the subclause designation “(1)”.
(6)	At the end of clause 6 the following subclauses are inserted —

“

(2)	A local government the district of which is not divided into wards may carry out reviews as to —

(a)	whether or not the district should be divided into wards; and
(b)	if so —

(i) what the ward boundaries should be; and

(ii) the number of offices of councillor there should be for each ward,

from time to time so that not more than 8 years elapse

between successive reviews.

(3)	A local government is to carry out a review described in subclause (1) or (2) at any time if the Advisory Board requires the local government in writing to do so.

”.

(7)

Clause 8 is amended by deleting “its council” and inserting

instead —

“

or proposes under clause 4(2) that a submission be rejected,

its council

”.

(8)	Clause 10(3) is amended by inserting after “clause 8” —
“ , or that a submission under clause 4(2) be rejected, ”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 69

69. Schedule 2.3 amended

(1)	The amendments in this section are to Schedule 2.3.
(2)	Clause 4(2) is amended by inserting after “CEO” —
“ in accordance with the procedure prescribed ”.
(3)	Clause 4(3) is amended by inserting after “writing” —
“

before the meeting or during the meeting before the close of

nominations

”.

(4)	After clause 4(3) the following subclause is inserted —

“

(3a)	Nominations close at the meeting at a time announced by the CEO, which is to be a sufficient time after the announcement by the CEO that nominations are about to close to allow for any nominations made to be dealt with.

”.

(5)	After clause 4(6) the following subclause is inserted —

“

(7)	As soon as is practicable after the result of the election is known, the CEO is to declare and give notice of the result in accordance with regulations, if any.

”.

(6)	Clause 8(2) is amended by inserting after “conducted” —
“ in accordance with the procedure prescribed ”.
(7)	Clause 8(3) is amended by inserting after “writing” —
“

before the meeting or during the meeting before the close of

nominations

”.

(8)	After clause 8(3) the following subclause is inserted —

Local Government Amendment Act 2004

Other amendments	Part 4
s. 69

“

(3a)	Nominations close at the meeting at a time announced by the person conducting the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

”.

(9)	After clause 8(6) the following subclause is inserted —

“

(7)	As soon as is practicable after the result of the election is known, the person conducting the election is to declare and give notice of the result in accordance with regulations, if any.

”.

(10)

Clause 9(1) is amended by deleting “subclause (2)” and

inserting instead —

“ clause 8(5) ”.

(11)

After clause 9 the following Division is inserted —

“

Division 3 — Validity of elections

10. Definition of “election”

In this Division —

“election” means an election under this Schedule.

11. Complaints about the validity of an election

(1)

A councillor who is dissatisfied with the result of an election

or with the way in which an election was conducted may

make an invalidity complaint.

(2)

An “invalidity complaint” is a complaint that an election is

invalid, or that another person should be declared elected.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 69

12. Complaints to go to a Court of Disputed Returns

(1)

An invalidity complaint is to be made to a Court of Disputed

Returns, constituted by a magistrate, but can only be made

within 28 days after notice is given of the result of the

election.

(2)

Regulations made under section 4.81(2) apply in respect of

an invalidity complaint made under this Division in so far as

they are capable of being so applied.

(3)

If the court declares the election to have been invalid —

(a)	the election is null and void;
(b)	any office filled at the election is vacant;
(c)	the court is to fix a day for holding any poll needed for a fresh election; and
(d)	the CEO is to prepare for, conduct and ascertain and declare the result of the fresh election.

(4)	If the court declares that a person (“candidate A”) ought to have been elected to an office in place of another person (“candidate B”) —

(a)	candidate B is not to act in that office;
(b)	candidate A is to be regarded as having been elected; and
(c)	notice of candidate A’s election is to be published in accordance with regulations.

13. No appeal

There is no appeal from a decision of a Court of Disputed

Returns.

14. Certain defects do not affect an election

An election is not invalid because of —

(a)	a failure to do something in connection with the election within the time, or for the period or before the date allowed or required under this Act, so long

Local Government Amendment Act 2004

Other amendments	Part 4
s. 70

as the failure does not affect the result of the

election; or

(b)	a formal omission, irregularity or defect in a document, declaration, publication or other thing that a person has made, issued or done in good faith.

15. Regulations about retention and availability of electoral papers

Regulations made under section 4.84 apply in respect of

elections in so far as they are capable of being so applied.

”.

70. Schedule 2.4 amended

(1)	The amendments in this section are to Schedule 2.4.
(2)	Clause 1(2) is amended by inserting after “government” —
“

or a member or former member of a council of a local

government from being a commissioner of a local

government

”.

71. Schedule 2.5 amended

(1)	The amendments in this section are to Schedule 2.5.
(2)	Clauses 2(c), 4(2) and 11(2)(c) are amended by deleting “Institute of Municipal Management WA Division Inc.” in each place where it occurs and inserting instead —
“ Local Government Managers Australia WA Division ”.
(3)	Clause 7(7) is amended by deleting “or an employee” and inserting instead —
“ , employee or elector ”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 72

72. Schedule 3.1 amended

(1)

The amendments in this section are to Schedule 3.1.

(2)

Division 1 is amended by inserting after item 10 the following

items —

“

11. Remove bees that are likely to endanger the safety of any person or create a serious public nuisance.

12. Ensure that an unsightly, dilapidated or dangerous fence or gate that separates the land from land that is local government property is modified or repaired.

13. Take specific measures to prevent —

(a)	artificial light being emitted from the land; or
(b)	natural or artificial light being reflected from something on the land,

creating a nuisance.

14. (1) Remove or make safe anything that is obstructing or

otherwise prejudicially affecting a private thoroughfare so

that danger to anyone using the thoroughfare is prevented or

minimised.

(2) In this item —

“private thoroughfare” has the same meaning as in

Schedule 9.1 clause 7(1).

”.

73. Schedule 9.3 amended and validation

(1)	The amendments in this section are to Schedule 9.3.
(2)	After clause 33(4) the following subclauses are inserted —

“

(4a)	An order made under section 190(8) of the former provisions continues to have effect in respect of the application to the relevant area of —

(a)	by-laws which applied to the area under the order immediately before the commencement day; and

Local Government Amendment Act 2004

Other amendments	Part 4
s. 74

(b)	local laws amending those by-laws.

(4b)	An order made under section 190(8) of the former provisions may be revoked under section 3.6(3) as if it was an approval given under section 3.6(1).

”.

(3)	The amendment effected by subsection (2) is to be taken to have come into operation on the day on which the Local Government Act 1995 came into operation and any laws referred to in —

(a)	subclause (4a)(a) of that amendment are to be taken to have applied from that day; and
(b)	subclause (4a)(b) of that amendment are to be taken to have applied from the day on which the local law commenced.

74. References to “Land Act 1933” changed

(1)

Section 9.48(2) is amended in the definition of “official plan” in

paragraph (b) by inserting after “Part” —

“ IIIB or ”.

(2)

Section 9.69(1) is amended as follows:

(a)	by deleting the definition of “authorized land officer” and inserting the following definition instead —

“

“authorised land officer” has the same meaning as in

the Land Administration Act 1997;

”;

(b)	in the definition of “Department” by deleting “Land Act 1933” and inserting instead —

“ Transfer of Land Act 1893 ”.

(3)

Section 9.69(3) is amended by deleting “Land Act 1933” and

inserting instead —

“ Transfer of Land Act 1893 ”.

Local Government Amendment Act 2004

Part 4	Other amendments
s. 74

(4)

Each provision referred to in the Table to this subsection is

amended by deleting “Land Act 1933” and inserting instead —

“ Land Administration Act 1997 ”.

Table

s. 3.54(1) and (2)	s. 9.48(2)
s. 9.41(2)

Local Government Amendment Act 2004

Consequential amendments to other Acts

Schedule 1

Schedule 1 — Consequential amendments to other Acts

[s. 13]

Division 1 — Amendments related to WALGA

Act

Amendment

Caravan Parks and	Section 25(2)(a)(i) is amended by deleting
Camping Grounds	“Municipal” and inserting instead —
Act 1995
“ Local Government ”.
Control of Vehicles	Section 21(1)(b) and (c) are deleted and the
(Off-road Areas)	following paragraph is inserted instead —

Act 1978

“

(b) 2 shall be persons

selected from a panel of names submitted to the Minister by the

body known as the Western Australian Local Government Association;

”.

Country Housing	Section 5(1)(b) is amended by deleting “Municipal”
Act 1998	and inserting instead — “ Local Government ”.
Section 5(1)(b) and (2) are amended by deleting “WAMA” and inserting instead — “ WALGA ”.
Fluoridation of	Section 5(3)(c) is amended by deleting “Local
Public Water	Government Association of Western Australia” and
Supplies Act 1966	inserting instead —

“

Western Australian Local Government Association

”.

Local Government Amendment Act 2004

Schedule 1

Consequential amendments to other Acts

Act

Amendment

Library Board of	Section 5(3)(b) is amended by deleting
Western Australia	“subsection (4)” and inserting instead —
Act 1951	“ subsections (4) and (4a) ”.
Section 5(4) is repealed and the following subsections are inserted instead —

“

(4)

A panel of the names of

3 persons, each of whom is

resident in Western Australia,

is to be submitted to the

Minister under each of the

following paragraphs by the

body referred to in that

paragraph and the Minister

shall select one of the

persons named from each

panel to be the member of the

Board for the purposes of that

paragraph —

(a)

representing the

Australian Library

and Information

Association;

(b)

representing the City

of Perth;

(c)

representing the City

of Fremantle;

(d) WALGA

representing local

government districts

that are in the

metropolitan area;

Local Government Amendment Act 2004

Consequential amendments to other Acts

Schedule 1

Act

Amendment

(e)

WALGA

representing local

government districts

that are cities or

towns and are not in

the metropolitan area;

(f)

WALGA

representing local

government districts

that are shires and are

not in the

metropolitan area,

and for the purpose of filling any vacancy in the office of such a member, as soon as

practicable after the vacancy

occurs, the Minister shall

request the body referred to

in the paragraph under which

the vacancy has occurred to

submit to the Minister a panel

of names under that

paragraph within 28 days of

the service of the request, but

where no panel of names is

submitted in response to the

request within that time the

Governor, on the

recommendation of the

Minister, may appoint a

person under the appropriate

paragraph as a member of the

Local Government Amendment Act 2004

Schedule 1

Consequential amendments to other Acts

Act

Amendment

Board notwithstanding that

the panel was not so

submitted to the Minister.

(4a) Terms used in

subsection (4)(d), (e) and (f)

have the same meanings as in

the Local Government

Act 1995.

”.

Litter Act 1979

Section 9(1)(j) and (k) are deleted and the following

paragraph is inserted instead —

“

(j)

2 shall be appointed on the nomination of the body known as

the Western

Australian Local

Government

Association;

”.

Local Government

Section 5(1)(c)(i) is amended by deleting “the body

Grants Act 1978

known as the Local Government Association of

Western Australia;” and inserting instead —

“

WALGA

representing local

government districts

that are in the

metropolitan area;

”.

Local Government Amendment Act 2004

Consequential amendments to other Acts

Schedule 1

Act

Amendment

Section 5(1)(c)(ii) is amended by deleting “the body

known as the Country Shire Councils’ Association

of W.A.;” and inserting instead —

“

WALGA

representing local

government districts

that are shires and are

not in the

metropolitan area;

”.

Section 5(1)(c)(iii) is amended by deleting “the

body known as the Country Urban Councils’

Association.” and inserting instead —

“

WALGA

representing local

government districts

that are cities or

towns and are not in

the metropolitan area.

”.

After section (5)(1) the following subsection is

inserted —

“

(1a) Terms used in

subsection (1)(c) have the

same meanings as in the

Local Government Act 1995.

”.

Local Government Amendment Act 2004

Schedule 1

Consequential amendments to other Acts

Act

Amendment

After section (5)(2) the following subsection is

inserted —

“

(2a)	If a panel of names is not submitted in writing under paragraph (c)(i), (ii) or (iii) to the Minister in accordance with the invitation of the Minister, the Minister may nominate any eligible person for appointment and that person may be appointed as if selected from a panel as required.

”.

Section 13 is amended by deleting “Local

Government Association of Western Australia, the

Country Shire Councils’ Association of Western

Australia, the Country Urban Councils’

Association,” and inserting instead —

“

body known as the Western

Australian Local Government

Association

”.

Local Government Amendment Act 2004

Consequential amendments to other Acts

Schedule 1

Act

Amendment

National Trust of

Section 10(b)(viii) is amended by deleting “bodies

Australia (W.A.)

known as the Local Government Association of

Act 1964

Western Australia and the Country Shire Councils’

Association of W.A” and inserting instead —

“

body known as the Western Australian Local Government Association

”.

Regional	Section 34(3) is amended by deleting “Municipal”
Development	and inserting instead —
Commissions
“ Local Government ”.
Act 1993
Road Safety Council	Section 6(1)(c) is amended by deleting “Municipal”
Act 2002	and inserting instead —
“ Local Government ”.
Swan River Trust	Section 12(1)(f) is amended by deleting “Local
Act 1988	Government Association of Western Australia” and inserting instead —

“

Western Australian Local Government Association

”.

Section 35(c) is amended by deleting “Local

Government Association of Western Australia” and

inserting instead —

“

Western Australian Local

Government Association

”.

Local Government Amendment Act 2004

Schedule 1

Consequential amendments to other Acts

Act

Amendment

Section 39(1) is amended by deleting “Local

Government Association of Western Australia” and

inserting instead —

“

Western Australian Local Government Association

”.

Town Planning and	Section 5AA(3) is amended by deleting “Local
Development	Government Association of Western Australia
Act 1928	(Inc.), the Country Shire Councils’ Association of W.A. and the Country Town Councils’ Association” and inserting instead —
“

Western Australian Local Government Association

”.

Western Australian	Section 3 is amended in the definition of “WAMA”
Planning	as follows:

Commission	(a)	by deleting “WAMA” and inserting
Act 1985	instead —
“ WALGA ”;
(b)	in paragraph (a) by deleting “Municipal” and inserting instead —
“ Local Government ”.

Sections 5(1)(b)(i) and (ii) and (2), 19(1i)(a)(iv) and (1j) are amended by deleting “WAMA” wherever it occurs and inserting instead —

“ WALGA ”.

Local Government Amendment Act 2004

Consequential amendments to other Acts

Schedule 1

Division 2 — Salaries and Allowances Act 1975

Act

Amendment

Salaries and

After section 7 the following section is inserted —

Allowances Act 1975

“

7A.	Recommendations as to remuneration of local government CEOs

(1)

The Tribunal shall, from time to time,

inquire into and make a report containing

recommendations as to the remuneration

to be paid or provided to chief executive

officers of local governments.

(2)

A report of the Tribunal made under this

section shall be —

(a)	in writing; and
(b)	signed by the members.

(3)	A copy of every report made by the Tribunal under this section shall be published in the Gazette.

”.

Section 8 is amended as follows:

(a)	after paragraph (a) by deleting “and”;
(b)	after paragraph (b) by deleting the full stop and inserting —

“

; and

(c)	not more than a year elapses between one report under section 7A

and another.

”.

Local Government Amendment Act 2004

Schedule 1

Consequential amendments to other Acts

Act

Amendment

Section 10(4) is amended as follows:

(a)	after paragraph (a) by deleting “and”;
(b)	after paragraph (b) by deleting the full stop and inserting —

“

; and

(c)

appoint a person

nominated from time to

time in writing by the

chief executive officer

of the department

principally assisting the

Minister in the

administration of the

Local Government

Act 1995 to assist the

Tribunal in an inquiry

in so far as it relates to

the remuneration to be

paid or provided to

chief executive officers

of local governments

referred to in

section 7A.

”.

Local Government Amendment Act 2004

Transitional and validation provisions — WALGA

Schedule 2

Schedule 2 — Transitional and validation provisions —

WALGA

[s. 14]

1. Interpretation

In this Schedule —

“anything done” means anything done, or omitted, or purported to be

done or omitted;

“commencement” means the commencement of section 10;

“body previously constituted under section 9.58” means a body

constituted under section 9.58 of the Local Government Act 1995

before the commencement;

“WALGA” means the Western Australian Local Government

Association constituted under section 9.58 of the Local

Government Act 1995 after the commencement.

2. WALGA successor in law to bodies previously constituted under section 9.58

(1)

On the commencement, WALGA becomes the successor in law of

each body previously constituted under section 9.58.

(2)

In particular —

(a)	each body previously constituted under section 9.58 is dissolved;
(b)	the property of each body previously constituted under section 9.58 becomes the property of WALGA;
(c)	all assets, liabilities, rights and duties of the body previously constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA;
(d)	any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under section 9.58, may be brought or continued and are available, by or against or to WALGA;

Local Government Amendment Act 2004

Schedule 2

Transitional and validation provisions — WALGA

(e)	WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of

each body previously constituted under section 9.58.

3. Agreements and instruments

Any agreement or instrument subsisting immediately before the

commencement —

(a)	to which a body previously constituted under section 9.58 was a party; or
(b)	which contains a reference to a body previously constituted under section 9.58,

has effect after the commencement as if —

(c)	WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; and
(d)	any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA.

4. Validation

Anything done before the commencement under the name of

WALGA, or the Western Australian Local Government Association,

by, to, or in respect of, a body previously constituted under

section 9.58 is as valid and effective, and is to be taken to have always

been as valid and effective, as it would have been had the thing been

done after the commencement by, to, or in respect of WALGA.

5. Interpretation Act 1984 not affected

Nothing in this Schedule is to be construed so as to limit the operation

of the Interpretation Act 1984.