Local Government (Consequential Amendments) Act 1996 (WA)

WESTERN AUSTRALIA

LOCAL GOVERNMENT

(CONSEQUENTIAL

AMENDMENTS) ACT 1996

No. 14 of 1996

AN ACT to repeal certain Acts and to amend certain other Acts as a consequence of the Local Government Act 1995, to deal with certain transitional matters and for related purposes.

[Assented to 28 June 1996.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Local Government

(Consequential Amendments) Act 1996.

No. 14] Local Government (Consequential

s. 2 Amendments) Act 1996

Commencement

2. (1)

immediately after the Local Government Act 1995 comes into

operation.

Subject to subsection (2), this Act comes into operation

The amendments effected by this Act to section 56A of the Justices Act 1902 do not come into operation if the Criminal Law Amendment Act 1996 receives the Royal Assent before 1 July 1996.

(2)

Certain Acts repealed

3.   The Acts specified in the table to this section are repealed.

Table

City of Perth Act 1925

Municipality of Fremantle Act 1925

Narrogin Hospital Act 1932

Certain Acts amended

4. The Acts specified in Schedule 1 are amended as set out in that Schedule.

Amendment of subsidiary legislation

5. The Minister may, by Order, notice of which is published in the Gazette, amend subsidiary legislation made under any Act in a way that is necessary or convenient as a consequence of the Local Government Act 1995.

Local Government (Consequential [No. 14

Amendments) Act 1996 s. 6

Extracts of amendments made by or under this Act

6.   (1)

In any legal proceedings evidence may be given of an amendment made by this Act to a written law by tendering a document purporting to be printed by the Government Printer and purporting to be an extract from this Act omitting any page of Schedule 1 on which there is nothing that relates to that written law.

If an Order is made under section 5 in a form such that the amendments it makes to various subsidiary legislation are all set out in one or more schedules, subsection (1) applies as if a reference in it to this Act and Schedule 1 were, respectively, references to the Order and its schedules.

(2)

Transitional matters relating to by-laws

7.	(1)	If, when this Act comes into operation —
(a)	alocalgovernmenthasresolvedtomakeaby-law under the Bush Fires Act 1954, the City of Perth Parking Facilities Act 1956 or the Health Act 1911; but
(b)	the by-law has not been published in the Gazette,

the process of making, confirming or approving, and publishing the by-law may be completed as if this Act and the Local Government Act 1995 had not come into operation.

(2) If, when this Act comes into operation —

(a)	a local government has —
(i) resolved to make a by-law under the Cemeteries Act 1986, the Control of Vehicles (Off-road areas) Act 1978 or the Dog Act 1976; and

No. 14] Local Government (Consequential

s. 7 Amendments) Act 1996

(ii)   caused a notice of intention to submit the by-law for confirmation or approval by the Governor to be published;

but

(b) the by-law has not been published in the Gazette,

the process of making, confirming or approving, and publishing the by-law may be completed as if this Act and the Local Government Act 1995 had not come into operation.

(3) A by-law that is made, confirmed or approved, or published in accordance with subsection (1) or (2) becomes a local law as soon as it is published in the Gazette.

(4) If, when this Act comes into operation —

(a)	alocalgovemmenthasresolvedtomakeaby-law under the Cemeteries Act 1986, the Control of Vehicles (Off-road areas) Act 1978 or the Dog Act 1976; but
(b)	anoticeofintentiontosubmittheby-lawfor confirmation or approval by the Governor has not been published,

the resolution ceases to have effect as a resolution to make a by-law and instead has effect as if it were a resolution under that Act as amended by this Act proposing to make a local law to the same effect.

This section ceases to operate on the day 6 months after this Act comes into operation.

(5)

Local Government (Consequential [No. 14

Amendments) Act 1996 s. 8

Transitional regulations

8.   (1)

If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter.

Regulations made under subsection (1) may have effect before the day on which they are published in the Gazette.

(2)

To the extent that a regulation made under subsection

(1) may have effect before the day of its publication in the

Gazette, it does not —

(3)

(a)	affect in a manner prejudicial to any person (other than the State or a local government), the rights of that person existing before the day of its publication; or
(b)	impose liabilities on any person (other than the State or a local government) in respect of anything done or omitted to be done before the day of its publication.

(4) In subsection (1) —

‘‘transitional matter’’ means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

No. 14] Local Government (Consequential Amendments) Act 1996

SCHEDULE 1 — CERTAIN ACTS AMENDED

[Section 4]

Adoption Act 1994

Clause 2 (1) (b) of Schedule 1

Deleted and the following paragraph is substituted —

‘‘

(b) the chief executive officer or deputy chief executive officer of a local government;

’’.

Age of Majority Act 1972

Section 3

In the definition of ‘‘enactment’’ after ‘‘rule,’’ the following is inserted —

‘‘ local law, ’’.

Agriculture and Related Resources Protection Act 1976

Section 4 (1)

After ‘‘regulation,’’ the following is inserted —

‘‘ local law, ’’.

Section 7

The definitions of ‘‘council’’, ‘‘district’’ and ‘‘land under the control of a council’’ are deleted.

The following definitions are inserted in the appropriate alphabetical positions —

‘‘ ‘‘district’’ means, in relation to a local government, the district of that local government under the Local Government Act 1995; ’’;

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

‘‘

‘‘land under the control of a local government’’ means

land which is —

(a)	vested in or leased by a local government;
(b)	within a public place, including a road;
(c)	within a public reserve under the care, control and management of a local government; or
(d)	vested in a local government as trustee or of which a local government has been appointed trustee;

’’.

In the definition of ‘‘eligible person’’, ‘‘a council whose district’’ is deleted in each place where it occurs and the following is substituted —

‘‘ the council of the local government of a district that ’’.

Section 15 (7) and (9) and section 29 (2)

In paragraph (a) of each subsection ‘‘each council whose district’’ is deleted and the following is substituted—

‘‘ the local government of each district that ’’.

In the last paragraph of each subsection ‘‘council or’’ is deleted and the following is substituted —

‘‘ council of the local government or of the ’’.

Section 34A (a)

‘‘a council’’ is deleted and the following is substituted —

‘‘ the council of a local government ’’.

Heading to Division 3 of Part V

‘‘Municipal’’ is deleted and the following is substituted —

‘‘ Local Government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Sections 43 (2), 45 (2) and 104 (d)

In each provision ‘‘councils’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

Sections 46 (1) and 58 (1) (d)

In each subsection ‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 67

‘‘in whose district’’ is deleted and the following is substituted —

‘‘ of the district in which ’’.

Section 92 (1) (c)

‘‘a rate book’’ is deleted and the following is substituted —

‘‘ the rate record ’’.

Section 106

After the section designation ‘‘106.’’ the subsection designation

‘‘ (1) ’’ is inserted.

In paragraph (n) (i), ‘‘, as defined by the Local Government Act 1960,’’ is deleted.

At the end of the section the following subsection is inserted —

‘‘

(2) In subsection (1) (n) (i) —

‘‘cattle’’ includes horses, mares, fillies, foals, geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves, asses, mules, sheep, lambs, goats and swine.

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Sections 109, 110 and 112

In each section ‘‘by-laws’’ is deleted and the following is substituted —

‘‘ local laws ’’.

Various references to Local Government Act 1960 amended

In each place listed in the Table to this clause ‘‘Local Government Act 1960’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Table

s. 46 (1), (2) s. 92 (1) (c) s. 94 (1) (a) s. 110

Various references to ‘‘council’’ amended

In each place listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 7 in the definitions of s. 45 (1)

‘‘private land’’, ‘‘public land’’ s. 46 (1), (2)

s. 34A in the third place where s. 56 (1)

it occurs s. 67

s. 36 (3) (e)	s. 92 (1) (c)
s. 38 (1) in the definition of	s. 109

‘‘declared plant’’ s. 110, (b), (c)

s. 42	s. 111 (1)
s. 43 (1)	s. 112
s. 44 (1), (2)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Agriculture Protection Board Act 1950

Section 8 (1)

In paragraph (h), ‘‘council’’ is deleted and the following is substituted —

‘‘ local government ’’.

In paragraph (j), ‘‘councils’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Albany Port Authority Act 1926

Section 21

‘‘local authority’’ is deleted in both places where it occurs and the

following is substituted —

‘‘ local government ’’.

Sections 27 (2) and 54E (3)

In each subsection after ‘‘Albany’’ the following is inserted —

‘‘ (Town) ’’

Albany Public Cemeteries Subsidies Act 1952

Long title

‘‘Municipality of Albany and the Albany Road Board’’ is deleted

and the following is substituted —

‘‘ Town of Albany and the Shire of Albany ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 2

The definitions of ‘‘Board’’, ‘‘Council’’, ‘‘districts’’ and ‘‘local government

Acts’’ are deleted.

The following definitions are inserted in the appropriate alphabetical positions —

‘‘

‘‘districts’’ means the local government districts of Albany (Town) and Albany (Shire);

’’;

‘‘

‘‘local governments’’ means the Town of Albany and the

Shire of Albany.

’’.

Sections 3 and 4 (1)

In each provision ‘‘Council and the Board’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

In section 3 ‘‘ordinary revenue’’ is deleted and the following is substituted —

‘‘ municipal funds ’’.

Section 4 (3)

Repealed and the following subsection is substituted —

‘‘

Such rate shall be in addition to any rate imposed

under the Local Government Act 1995 and shall not affect

any rating limit imposed by that Act.

(3)

’’.

Section 5

‘‘the Council and the Board respectively’’ is deleted and the following is

substituted —

‘‘ either of the local governments ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 6

‘‘local governments Acts’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Alcohol and Drug Authority Act 1974

Section 18 (i)

After ‘‘regulation,’’ the following is inserted —

‘‘ local law, ’’.

Anglican Church of Australia Act 1976

Section 2 (3)

In paragraphs (b) and (c) of the definition of ‘‘law of the State’’ after

‘‘rules,’’ the following is inserted —

‘‘ local laws ’’.

Anglican Church of Australia Constitution Act 1960

Section 7

After ‘‘rules,’’ the following is inserted —

‘‘ local laws, ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Anglican Church of Australia (Diocesan Trustees) Act 1888

Section 5A (6)

‘‘rateable property or’’ is deleted.

‘‘Local Government Act 1960,’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

Anglican Church of Australia Diocesan

Trustees and Lands Act 1918

Section 13 (1)

‘‘Town’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Anglican Church of Australia Lands Vesting Act 1892

Section 3

‘‘City’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Anzac Day Act 1960

Section 6 (1) and (3)

In each subsection after ‘‘regulation’’ the following is inserted —

‘‘ , local law ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Argentine Ant Act 1968

Section 4

The definition of ‘‘local authority’’ is deleted.

In the definitions of ‘‘occupier’’ and ‘‘owner’’, ‘‘Local Government

Act, 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Section 6 (2) (a) and (c)

In each paragraph ‘‘local authorities’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Sections 6 (3) and 15 (1) (a)

In each provision ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government In section 15 (1) (a) — ’’.

(a)	‘‘rate book’’ is deleted in both places where it occurs and the following is substituted —
‘‘ rate record ’’; and
(b)	‘‘clerk’’ is deleted and the following is substituted —
‘‘ chief executive officer ’’.

Art Gallery Act 1959

Section 18 (2) (f)

‘‘local authorities’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Assistance by Local Authorities in Wiring Dwellings

for Electricity Act 1953

Section 2

The definition of ‘‘local authority’’ is deleted.

Section 3

‘‘property’’ is deleted and the following is substituted —

‘‘ land ’’.

Section 5

‘‘, and may meet the expense of doing so from its ordinary revenue, or if

necessary, from loan funds raised for the purpose’’ is deleted.

Section 7

‘‘Act under which the local authority is constituted,’’ is deleted and the

following is substituted —

‘‘ Local Government Act 1995 ’’.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 3 s. 4 s. 5 s. 7 in the first place where it occurs

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Betting Control Act 1954

Section 5 (1a)

‘‘City’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Bills of Sale Act 1899

Section 10 (2)

‘‘municipality of Albany’’ is deleted and the following is substituted —

‘‘ local government district of Albany (Town) ’’.

Broken Hill Proprietary Company’s Integrated

Steel Works Agreement Act 1960

Section 4 (3) (g)

Deleted and the following paragraph is substituted —

‘‘

(g) the local government of the district within which the leased areas are situated,

’’.

Builders’ Registration Act 1939

Section 2

The definition of ‘‘Local authority’’ is deleted.

In the definition of ‘‘Building licence’’, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 18 (2)

‘‘member or officer or servant of ’’ is deleted and the following is

substituted —

‘‘ employee of, or member of the council of, ’’.

Section 24 (1) (ea)

‘‘local authorities’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Schedule

In clause 1 ‘‘of the Shire’’ and ‘‘of the Town’’ are deleted in each place where they occur.

In the heading to clause 2 and in clause 4A, ‘‘Shire’’ and ‘‘City’’ are deleted in each place where they occur and the following is substituted —

‘‘ district

Clause 3 is deleted and the following clause is substituted —

‘‘

’’.

3. The districts of Bunbury, Busselton, Collie, Dardanup, Harvey and Murray as constituted on 1 September 1986.

’’.

Clause 4 is deleted and the following clause is substituted —

‘‘

4. The districts of Geraldton, Greenough, Chapman

Valley and Northampton.

’’.

In clause 5 ‘‘Shires’’ is deleted and the following is substituted —

‘‘ districts After clause 5 the following clause is inserted — ’’.

‘‘ 6. In this Schedule —

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995.

’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government s. 4 (2) (a) (iii), (c) s. 4A (1), (1) (c) (ii), (1b), (2) s. 18 (1), (2) ’’.

Table

Building and Construction Industry Training Fund

and Levy Collection Act 1990

Section 3 (1)

In the definition of ‘‘building licence’’, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Building Societies Act 1976

Section 31 (1) (b)

Deleted and the following paragraph is substituted —

‘‘

(b) make advances to a local government in accordance with the Local Government Act 1995;

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Bunbury Port Authority Act 1909

Section 21

‘‘local authority’’ is deleted in both places where it occurs and the

following is substituted —

‘‘ local government ’’.

Bunbury Railway Lands Act 1985

Section 5

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Bush Fires Act 1954

Section 7

The definition of ‘‘local authority’’ is deleted.

Sections 33 (2), 59A (3) and 66 (1) (a)

In each provision ‘‘rate book’’ is deleted in each place where it occurs and the following is substituted —

‘‘ rate record ’’.

In sections 33 (2) and 59A (3), ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

In section 66 (1) (a) —

(a)	‘‘municipality’’ is deleted in both places where it occurs and the following is substituted —
‘‘ local government ’’; and
(b)	‘‘of the council’’ is deleted.

Section 33 (5a)

‘‘, with the approval of the Governor, make by-laws — ’’ is deleted and

the following is substituted —

‘‘

make local laws in accordance with subdivision 2 of

Division 2 of Part 3 of the Local Government Act 1995 —

’’.

Section 33 (8)

After section 33 (7) the following subsection is inserted —

‘‘

(8) Any amount recoverable by a local government under this section as a debt due from the owner or occupier of land is, until paid in full —

(a)	adebtduefromeachsubsequentownerin succession;
(b)	achargeagainstthelandwiththesame consequences as if it were a charge under the Local Government Act 1995 for unpaid rates; and
(c)	recoverablebythelocalgovernmentinthe same manner as rates imposed in respect of the land are recoverable under that Act.

’’.

Section 36

‘‘Act, expend any portion of its ordinary revenue for all or any of the

following purposes — ’’ is deleted and the following is substituted —

‘‘ Act — ’’.

In paragraph (a) ‘‘in the purchase and maintenance of ’’ is deleted and the following is substituted —

‘‘ purchase and maintain ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

In paragraph (b) ‘‘in paying the cost of clearing’’ is deleted and the following is substituted —

‘‘ clear Paragraphs (c) and (g) are deleted. ’’.

In paragraph (d) ‘‘in establishing and maintaining’’ is deleted and the following is substituted —

‘‘ establish and maintain

Paragraph (ea) is deleted and the following paragraph is substituted —

‘‘

’’.

(e) use any vehicle in controlling or extinguishing a bush fire or in the attempting so to do but the local government must pay to the owner or hirer of the vehicle, in respect of any damage done to a tyre of that vehicle while it was being so utilized, an amount assessed by an employee of the local government authorized by it to assess the cost of that damage;

’’.

In paragraph (f) —

(a)	‘‘in assisting’’ is deleted and the following is substituted —
‘‘ assist ’’; and
(b)	‘‘; and’’ is deleted and a full stop is substituted.

Section 62 (1)

The first paragraph is deleted and the following is substituted —

‘‘

A local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for and in relation to —

’’.

Section 62A

After section 62 the following section is inserted —

‘‘

Governor may amend or repeal local laws

62A. (1) the text of, or repeal, a local law. The Governor may make a local law to amend

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Subsection (1) does not include the power to amend a local law to include in it a provision that bears no reasonable relationship to the local law as in force before the amendment.

(2)

The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.

(3)

A local law made under this section is to be taken, for all purposes, to be a local law made by the local government which made the local law that is amended or repealed.

(4)

Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.

(5)

’’.

Various references to ‘‘by-law’’ amended

In each place listed in the Table to this clause ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law ’’.

Table

s. 9 (1)

s. 35Ainparagraph(c)ofthedefinition of ‘‘normal brigade activities’’

s. 62 (2)

s. 65 (2), (2) (a), (b)

Various references to ‘‘by-laws’’ amended

In each place listed in the Table to this clause ‘‘by-laws’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local laws ’’.

Table

s. 33(5a),(5a)(a),(b),(5b), (5d), (7) (b)

s. 41 (1)

s. 43

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘clerk’’ amended

In each place listed in the Table to this clause ‘‘clerk’’ is deleted in each place where it occurs and the following is substituted —

‘‘ chief executive officer ’’. Table

s. 18 (6) (a)

s. 23 (2) (a) (i)

s. 59 (3)

s. 65 (2) (c), (d)

s. 66 (1) (a)

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 17 (7) (a), (8), (8) (a), s. 38 (1), (2) (a), (c), (d), (e),

(a) (i), (ii), (b), (c), (9),	(3), (4), (5) (a), (6) (a), (b),
(10), (11)	(c), (ca), (cb), (d), (e), (h)

s. 18 (5) (a), (c), (6) (a), s. 39 (1), (2) (a)

(10) (a), (b), (c), (11) s. 39A (1), (2)

s. 22 (3) (a), (6) (a), (b)	s. 41 (1), (2), (3)
s. 23 (1) (b), (2) (a) (i)	s. 42 (1), (2)
s. 24 (a), (b) (i)	s. 43
s. 24B (1)	s. 44 (3) (a), (b)
s. 25 (1), (1) (a), (b), (c) (iv),	s. 46 (1) (a) (i), (ii), (b), (3)

(1aa) (b) (i), (1a), (1c), (1c) (b) s. 48 (4) (a), (a) (ii), (b)

s. 25A (5)	s. 49 (a)
s. 27 (2), (3), (4) (b),	s. 50 (1), (1) (a), (b), (c),

(7) (a), (b), (c) (2) (a), (b)

s. 27B (1), (2)	s. 52 (1), (2), (4)
s. 27C (1), (2)	s. 54
s. 27D (2) (b), (3) (a), (b)	s. 55
s. 28 (3), (4) (a), (b)	s. 56 (1) (b)
s. 33 (1), (1) (a), (b), (2), (4) (a),	s. 58 (3)

(5) (a), (b), (5a), (5a) (b),	s. 59 (2) (a), (b), (3), (4), (5)
(5c), (6), (7)	s. 59A (1)

s. 34 (1) (b), (1a) (a), (2) (a)	s. 62 (1), (1) (b), (c), (2)
s. 35 (1), (2), (3) (b), (4),	s. 63 (1) (a)

(5) (a), (b) s. 65 (1) (b), (c), (2) (c), (d)

s. 37 (1), (10), (12) s. 67 (1), (2), (3), (4) (b), (c)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘local authorities’’ amended

In each place listed in the Table to this clause ‘‘local authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

Table

s. 21 (3) (b)	s. 40 (1), (2)
s. 34 (1a) (a)	s. 42 (1), (2)
Heading to Division 1	s. 68 (1), (2), (2) (a), (b),

of Part IV (c) (iii), (3)

Busselton Cemetery Act 1944

Section 3 (1) and (2)

In each paragraph ‘‘Busselton Municipal Council’’ is deleted and the following is substituted —

‘‘ Shire of Busselton ’’.

Cambridge Endowment Lands Act 1920

Section 3

The definition of ‘‘road’’ is deleted and the following definition is substituted —

‘‘

‘‘road’’ means a thoroughfare as defined in section 1.4 of the Local Government Act 1995;

’’.

In the definition of ‘‘financial year’’, ‘‘section 6’’ is deleted and the following is substituted —

‘‘ section 1.4 ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Sections 7A (3), 45 and 46 (1) and (2)

In each provision ‘‘council of the’’ is deleted in each place where it occurs.

In section 46 (1), ‘‘of ’’ is deleted where it occurs after ‘‘Perth or’’.

Section 7A (5)

The definition of ‘‘budget deficiency’’ is deleted and the following definition is substituted —

‘‘

‘‘budget deficiency’’ has the same meaning as in section 6.1 of the Local Government Act 1995;

’’.

In the definition of ‘‘district’’, ‘‘municipal district of the Town’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Heading to Part VI

‘‘COUNCIL’’ is deleted and the following is substituted —

‘‘ LOCAL GOVERNMENT ’’.

Section 40

‘‘and in particular Part IX of that Act, the council of ’’ is deleted.

Section 42

‘‘In addition to the powers for making by-laws contained in the Local Government Act 1960, the council of the Town of Cambridge may make by-laws’’ is deleted and the following is substituted —

‘‘

The Town of Cambridge may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995

’’.

Section 42 (2)

‘‘by-law’’ is deleted and the following is substituted —

‘‘ local law ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Sections 42 (3), 43 and 46 (1)

In each provision ‘‘by-laws’’ is deleted and the following is substituted —

‘‘ local laws ’’.

Various references to Local Government Act 1960 amended

In each place listed in the Table to this clause ‘‘Local Government Act 1960’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Table

s. 3 in the definition of ‘‘financial year’’

s. 7 (2)

s. 40

s. 44

Various references to ‘‘council’’ amended

In each place listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government s. 7A (3), (3) (a), (b) s. 42 (1) paragraphs (3), (6), (12), (13), (16), (17) s. 43 s. 46 (3), (4) ’’.

Table

Caravan Parks and Camping Grounds Act 1995

Section 5 (1)

The definitions of ‘‘district’’ and ‘‘local government’’ are deleted.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995, and in relation to a local government means the district of that local government;

’’.

In the definition of ‘‘Department’’, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Section 25 (2) (a) (i)

‘‘incorporated under section 733A of the Local Government Act 1960’’ is

deleted and the following is substituted —

‘‘

constituted under section 9.58 of the Local Government

Act 1995

’’.

Section 29 (1)

‘‘by-laws for its district under Part VIII of the Local Government

Act 1960’’ is deleted and the following is substituted —

‘‘

local laws for its district under the Local Government

Act 1995

’’.

‘‘by-laws’’ is deleted in the second place where it occurs and the

following is substituted —

‘‘ local laws ’’.

Sections 29 (2) and (3) and 31 (1) and (2)

In each subsection ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law ’’.

In section 29 (3), ‘‘By-laws’’ is deleted and the following is substituted —

‘‘ Local laws ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Clause 4 of Schedule 2

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

‘‘Section 200 is repealed’’ is deleted.

Carnarvon Banana Industry (Compensation

Trust Fund) Act 1961

Long title

‘‘Shire’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Section 5

In the definition of ‘‘grower’’, ‘‘district of the municipality of the Shire’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Casino (Burswood Island) Agreement Act 1985

Section 3

The definition of ‘‘municipality’’ is deleted.

Sections 7 (2) and 8 (2)

In section 7 (2) (a) ‘‘Local Government Act 1960’’ is deleted in the first place where it occurs and the following is substituted —

‘‘

Local Government (Miscellaneous Provisions) Act 1960, the

Local Government Act 1995

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

In sections 7 (2) and 8 (2) (b), ‘‘council of the municipality within the district of ’’ is deleted and the following is substituted —

‘‘ local government of the district within ’’.

In section 8 (2) (a) and (b), ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Section 8 (5)

The definition of ‘‘street’’ is deleted and the following definition is substituted —

‘‘

‘‘street’’ means a thoroughfare as defined in section 1.4 of the Local Government Act 1995.

’’.

Cemeteries Act 1986

Section 3 (1)

The definition of ‘‘local government authority’’ is deleted.

Section 6

‘‘authority’’ is deleted in the second place where it occurs and the

following is substituted —

‘‘ local government ’’.

Section 18 (1) (c)

‘‘bylaws’’ is deleted and the following is substituted —

‘‘ any local law or by-law ’’.

Section 31 (1) and Clause 8 of Schedule 1

In each provision before ‘‘by-laws’’ the following is inserted —

‘‘ local laws or ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Heading to Part VIII

‘‘BY-LAWS’’ is deleted and the following is substituted —

‘‘ LOCAL LAWS ’’.

Section 54

Repealed and the following section is substituted —

‘‘

Procedure for local laws and by-laws

54.    (1)

A Board that is a local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for the purposes specified in section 55.

A Board that is not a local government may make by-laws for the purposes specified in section 55 and is to make them in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 as if the Board was a local government making local laws.

(2)

’’.

Section 55 (1)

‘‘Subject to this Part, a Board may, with the approval of the Governor,

make by-laws’’ is deleted and the following is substituted —

‘‘

A Board may make local laws or by-laws, as the case may be,

’’.

Section 56

Repealed and the following sections are substituted —

‘‘

Model local laws

56. (1) The Governor may cause to be prepared and published in the Gazette model local laws the provisions of which a local law or by-law made under this Act may adopt by reference, with or without modification.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

(2) Model local laws have no effect except to the extent

that they are adopted.

(3) The Governor may, by notice published in the Gazette, amend a model local law published under this section.

An amendment to a model local law does not affect any local law or by-law that adopted the model local law before the amendment but the amendment may be adopted by a further local law or by-law.

(4)

Governor may amend or repeal local laws or by-laws

56A. (1) the text of, or repeal, a local law or by-law. The Governor may make a local law to amend

Subsection (1) does not include the power to amend a local law or by-law to include in it a provision that bears no reasonable relationship to the local law or by-law as in force before the amendment.

(2)

The Minister is to give a Board notice in writing of

any local law that the Governor makes to amend the text

of, or repeal, any of the Board’s local laws or by-laws.

(3)

A local law made under this section is to be taken, for all purposes, to be a local law or by-law made by the Board which made the local law or by-law that is amended or repealed.

(4)

Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.

(5)

’’.

Various references to ‘‘authority’’ deleted

In each place listed in the Table to this clause ‘‘authority’’ is deleted in each place where it occurs after ‘‘local government’’.

Table

s. 5 (1)

s. 6

s. 44 (3)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘by-law’’ amended

In each place listed in the Table to this clause before ‘‘by-law’’ in each place where it occurs the following is inserted —

‘‘ local law or ’’.

Table

s. 15 (2) s. 20 (3) s. 25 (3) s. 30 (1) s. 63 (1)

Children’s Court of Western Australia Act 1988

Section 32 (2) (a) (ii)

‘‘authority, by an officer of the local government authority acting in the

course of the officer’s’’ is deleted and the following is substituted —

‘‘

, by an employee of the local government acting in the

course of the employee’s

’’.

Section 32 (4)

The definition of ‘‘local government authority’’ is deleted.

City of Perth Improvement Act 1913

Long title

‘‘the Municipality of ’’ is deleted.

‘‘Municipal District’’ is deleted and the following is substituted —

‘‘ district of Perth ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 2

‘‘Council of the Municipality of the City of Perth may, in the name and on behalf of the Municipality,’’ is deleted and the following is substituted —

‘‘ City of Perth may ’’.

‘‘Schedule hereto, and may pay the purchase price or the amount of compensation awarded and all costs incidental thereto, as the case may be, for all or any of such lands out of the Municipal Fund or out of the loan moneys borrowed (inter alia) for street extensions, pursuant to the Special Order made by the said Council on the nineteenth day of May, One thousand nine hundred and thirteen.’’ is deleted and the following is substituted —

‘‘ Schedule. ’’.

Section 3

‘‘Council’’ is deleted in the first and second places where it occurs and

the following is substituted —

‘‘ City of Perth ’’.

‘‘The proceeds arising from the sale or sales shall be applied by the Council in the same manner and for the same purposes as the money borrowed under the said Special Order and to that extent shall be deemed portion of the loan raised under the said Special Order.’’ is deleted.

City of Perth (Leederville Park Lands) Act 1950

Section 3

‘‘the Council of ’’ is deleted.

‘‘Municipal Corporations Act’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

City of Perth Parking Facilities Act 1956

Long title

‘‘the Council of ’’ is deleted.

‘‘the City of ’’ is deleted in the second place where it occurs .

‘‘Council’’ is deleted in each other place where it occurs and the

following is substituted —

‘‘ City of Perth ’’.

Section 2

In the heading for Part IV ‘‘BY-LAWS’’ is deleted and the following is substituted —

‘‘ LOCAL LAWS ’’.

Section 4

The definition of ‘‘the Council’’ is deleted and the following definition is substituted —

‘‘ ‘‘the City’’ means the City of Perth; ’’.

In the definitions of ‘‘the central business district’’ and ‘‘the district’’, ‘‘of the City’’ is deleted.

Sections 5 (2) (a) and 20 (a) and (e)

In each paragraph ‘‘municipal district of the City of Perth’’ is deleted and the following is substituted —

‘‘ district ’’.

Section 6 (1) and (2)

In each subsection ‘‘Municipal Corporations Act 1906’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Sections 7A (1), 8A (2) and 11B (1)

In section 7A (1) in the definition of ‘‘Minister’’ and in sections 8A (2) and 11B (1), ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

In section 8A (2) ‘‘Divisions 2 or 3 of Part XXVI’’ is deleted and the following is substituted —

‘‘ sections 6.20 to 6.24 ’’.

Section 8 (6)

‘‘Part XXIV of the Municipal Corporations Act 1906, with the exception of sections four hundred and thirty-eight to four hundred and forty-two inclusive, sections four hundred and fifty to four hundred and fifty-six inclusive and sections four hundred and seventy-two and four hundred and seventy-three,’’ is deleted and the following is substituted —

‘‘ sections 6.20 to 6.24 of the Local Government Act 1995 ’’.

‘‘Part of that’’ is deleted.

Section 8A (1) (a)

Deleted and the following paragraph is substituted —

‘‘

(a) with the approval of the Treasurer and the Minister, borrowing money in accordance with sections 6.20 to 6.24 of the Local Government Act 1995 for the purposes of exercising the powers conferred on, and the performance of duties and obligations imposed on, the City under this Act;

’’.

Sections 8A (1) (c) and 9 (1)

In each provision ‘‘Council’s’’ is deleted and the following is substituted —

‘‘ City’s ’’.

Heading to Part IV

‘‘BY-LAWS’’ is deleted and the following is substituted —

‘‘ LOCAL LAWS ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 21 (1)

‘‘The Council may, with the approval of the Minister make by-laws — ’’

is deleted and the following is substituted —

‘‘

The City may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 —

’’.

Section 21 (3)

After paragraph (d) the following paragraph is inserted —

‘‘

(e) Sections3.12(3)and(4)and3.13oftheLocal Government Act 1995 do not apply to local laws made under this subsection.

’’.

Section 21 (4)

Repealed.

Section 21A

After section 21 the following section is inserted —

‘‘

Governor may amend or repeal local laws

21A. (1) the text of, or repeal, a local law. The Governor may make a local law to amend

Subsection (1) does not include the power to amend a local law to include in it a provision that bears no reasonable relationship to the local law as in force before the amendment.

(2)

The Minister is to give the City notice in writing of

any local law that the Governor makes to amend the text

of, or repeal, any of the City’s local laws.

(3)

A local law made under this section is to be taken, for all purposes, to be a local law made by the City.

(4)

Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.

(5)

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 23 (2)

‘‘Town Clerk’’ is deleted and the following is substituted —

‘‘ chief executive officer ’’.

Various references to ‘‘municipal’’ amended

In each place listed in the Table to this clause ‘‘municipal’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 4inthedefinitionsof‘‘thecentral business district’’ and ‘‘the district’’

s. 7 (4)

s. 11A (1) (a)

s. 11B (1) (a), (6)

Various references to ‘‘by-law’’ amended

In each place listed in the Table to this clause ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law ’’.

Table

s. 6 (2)

s. 16 (2) (a)

s. 21(1)(l),(o),(t),(v),(2), (3) (a), (b), (c), (d), (d) (i), (ii)

s. 23 (2), (2) (a), (b)

s. 24A (1) (a)

Various references to ‘‘by-laws’’ amended

In each place listed in the Table to this clause ‘‘by-laws’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local laws ’’.

Table

s. 6 (1)

s. 11 (1) (g)

s. Various references to ‘‘Council’’ amended 21(1),(1)(e),(j),(n), (t), (u) (ii)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

In each place listed in the Table to this clause ‘‘Council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ City ’’.

Table

s. 3 (2) (b)	s. 12 (1), (2)
s. 4 in the definitions of	s. 13

‘‘inspector’’ and ‘‘road’’ s. 14

s. 6 (2)	s. 15 (1), (2), (3), (4), (5)
s. 7 (1), (2), (3), (3) (a), (ea),	s. 15A (1), (2), (3)

(g), (h), (ha), (j) (ii), (4) s. 15B (1), (2), (3), (4)

s. 7A (2), (3)	s. 15C (1), (2) (a), (b), (3)
s. 8 (1), (2), (3), (5) (a)	s. 15D (1), (2)
s. 8A (1), (1) (b), (c), (2)	s. 15E (1), (3a)
s. 9 (1)	s. 16 (1) (a), (d), (3)
s. 10	s. 17 (1), (3)
s. 11 (1), (1) (a), (b) (i), (iii),	s. 19A (1) (a), (b)

(vi), (g), (j), (k), s. 21 (1) (a), (f), (m), (n),

(2), (2) (c), (2a), (2b), (3a) (r), (s), (u), (3) (a), (b),

s. 11A (1) (c), (d), (d) (i)

s. 11B (1), (1) (a), (2), (3), (4), s. 23 (1), (1) (b), (c), (2) (b)

(5), (6), (7), (8), (9) s. 24

s. 11C	s. 24A (1), (1) (a), (2)
s. 11D, (a)

City of Perth Restructuring Act 1993

Section 12

Repealed and the following section is substituted —

‘‘

Election of Mayor of City of Perth

12. The Mayor of the City of Perth is to be elected by the electors of the district of Perth under Part 4 of the Local Government Act 1995 and sections 2.11 to 2.14 of that Act do not apply to the City of Perth.

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 12B (1)

In the definition of ‘‘subsequent election’’, after ‘‘elections’’ the following is inserted —

‘‘ but before 3 May 1997 ’’.

Section 16 (2) (b)

‘‘principal Act’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Sections 16 (4)

After ‘‘payments to’’ the following is inserted —

‘‘ the local government of ’’.

Coal Miners’ Welfare Act 1947

Section 17 (g)

‘‘municipality, road board,’’ is deleted and the following is

substituted —

‘‘ local government, ’’.

Companies (Co-operative) Act 1943

Section 28 (2) (ii)

After ‘‘ ‘‘chartered’’ ’’ the following is inserted —

‘‘ or the words ‘‘local government’’ ’’.

‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 368A (i) (c)

‘‘City ’’ is deleted and the following is substituted —

‘‘ local government district ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 380 (1)

In the definition of ‘‘marketable security’’, ‘‘of any municipal or other’’ is deleted and the following is substituted —

‘‘ local government or of any ’’.

Various references to ‘‘municipal’’ amended

In each place listed in the Table to this clause ‘‘municipal’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government s. 387 (1) (a) (i) Forms B and C in the Sixth Schedule Twelfth Schedule ’’.

Table

Conservation and Land Management Act 1984

Section 3

The definition of ‘‘local authority’’ is deleted.

Section 14 (3) (a)

‘‘each local authority whose district’’ is deleted and the following is

substituted —

‘‘ the local government of each district which ’’.

Sections 16 (3) and 59 (2)

In each subsection ‘‘each local authority within whose district’’ is deleted and the following is substituted —

‘‘ the local government of each district within which ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 22 (4)

‘‘council of each municipality under the Local Government Act 1960, in

whose district’’ is deleted and the following is substituted —

‘‘ local government of each district in which ’’.

Section 23 (1) (b) (v)

After ‘‘members of ’’ the following is inserted —

‘‘ the council of ’’.

Section 108B

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Section 108C (3) (b)

‘‘municipal districts of the Shires’’ is deleted and the following is

substituted —

‘‘ local government districts ’’.

Section 139 (1)

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

‘‘council of the municipality’’ is deleted and the following is

substituted —

‘‘ local government of the district ’’.

Section 139 (2)

‘‘council’’ is deleted in both places where it occurs and the following is

substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 140

‘‘property’’ is deleted and the following is substituted —

‘‘ land ’’.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government s. 14 (3) (b) s. 16 (3) in the second place where it occurs, (4) s. 23 (1) (b) (v) ’’.

Table

s. 59(2)inthesecondplacewhereitoccurs

Constitution Acts Amendment Act 1899

Part 3 of Schedule V

In the ninth item, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

‘‘The Local Government Boundaries Commission constituted under the Local Government Act 1960’’ is deleted and the following item is substituted —

‘‘

The Local Government Advisory Board established under the Local Government Act 1995.

’’. The item commencing ‘‘The Municipal Clerks and Treasurers’’ is deleted and the following item is substituted —

‘‘

The Municipal Building Surveyors Examination Committee constituted under the Local Government (Qualification of Municipal Officers) Regulations 1961.

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

In the item commencing ‘‘Any water board’’, ‘‘the council of a municipality’’ is deleted and the following is substituted —

‘‘ a local government ’’.

Construction Industry Portable Paid Long Service Leave Act 1985

Section 3 (1)

In the definition of ‘‘employer’’, ‘‘council’’ is deleted and the following is substituted —

‘‘ local government ’’.

Sections 3 (4) (c) and 29A (1)

In section 3 (4) (c) and in section 29A (1) in paragraph (c) of the definition of ‘‘corresponding public employer in this State’’, ‘‘council within the meaning of the Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ local government ’’.

Consumer Affairs Act 1971

Section 23C (2)

After ‘‘regulation,’’ the following is inserted —

‘‘ local law, ’’.

Control of Vehicles (Off-road areas) Act 1978

Section 3 (1)

The definitions of ‘‘council’’, ‘‘district’’, ‘‘municipality’’ and ‘‘municipal district’’ are deleted.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘district’’ means, in relation to a local government, the district of that local government plus any other areas which the Governor has declared, under section 5 (3), are to be regarded as being part of the district;

’’.

In the definition of ‘‘public authority’’, ‘‘the council of a municipality’’ is deleted and the following is substituted —

‘‘ a local government ’’.

Sections 5 (3) and 19 (1) (b)

In each provision ‘‘municipal’’ is deleted in each place where it occurs.

Sections 13, 17 (3) (b) and 18 (7) (a)

In each provision ‘‘the council of any municipality’’ is deleted and the following is substituted —

‘‘ any local government ’’.

In section 18 (7) (a) (ii), ‘‘of which the inhabitants’’ is deleted and the following is substituted —

‘‘ the inhabitants of whose district ’’.

Section 19 (1) (a) (ii)

‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government ’’.

Sections 20 (4) and 37 (10)

In each subsection ‘‘by-laws’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local laws ’’.

Section 26

‘‘(including the council or any commissioner administering a

municipality)’’ is deleted and the following is substituted —

‘‘ (including any local government) ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Sections 37 (1), 47 (1) and 48 (4)

In each subsection ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law ’’.

Section 37 (3) (b) (i) and (ii)

In each subparagraph ‘‘clerk’’ is deleted and the following is substituted —

‘‘ chief executive officer ’’.

Section 38 (3)

‘‘The council of a municipality’’ is deleted and the following is

substituted —

‘‘ A local government In paragraph (a) ‘‘officer’’ is deleted and the following is substituted — ’’.

‘‘ employee ’’.

In paragraph (b), ‘‘that council’’ is deleted and the following is substituted —

‘‘ the council of that local government

‘‘the district of that municipality’’ is deleted and the following is

substituted —

’’.

‘‘ its district ’’.

Sections 39 (1) (c) and 40

In section 39 (1) (c) in both places where it occurs and in section 40 in the first place where it occurs, ‘‘officer’’ is deleted and the following is substituted —

‘‘ employee ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Sections 44 and 45

Repealed and the following sections are substituted —

‘‘

Regulations to operate as local laws

44. (1)

operate as if they were local laws for each district to which

they apply.

The Governor may make regulations that are to

Regulations made under this section may deal with

any matter in respect of which local laws may be made

under this Act.

(2)

(3) Regulations under this section, other than those that only repeal or amend other regulations, are to contain a statement to the effect that they apply as if they were local laws.

A local government is to administer any regulation made under this section to the extent that it relates to any place where the local government may perform functions, as if the regulation was a local law.

(4)

If there is any inconsistency between a regulation

made under this section and a local law, the regulation

prevails to the extent of the inconsistency.

(5)

Local laws

45.    A local government may make local laws —

(a)	for its district and any other area that is to be regarded, for the purposes of this Act, as being within that district;
(b)	in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995; and
(c)	for the purposes permitted by this Act.

Model local laws

45A. (1) The Governor may cause to be prepared and published in the Gazette model local laws the provisions of which a local law made under this Act may adopt by reference, with or without modification.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

(2) Model local laws have no effect except to the extent

that they are adopted.

(3) The Governor may, by notice published in the Gazette, amend a model local law published under this section.

An amendment to a model local law does not affect any local law that adopted the model local law before the amendment but the amendment may be adopted by a further local law.

(4)

Governor may amend or repeal local laws

45B. (1) the text of, or repeal, a local law. The Governor may make a local law to amend

Subsection (1) does not include the power to amend a local law to include in it a provision that bears no reasonable relationship to the local law as in force before the amendment.

(2)

The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.

(3)

A local law made under this section is to be taken, for all purposes, to be a local law made by the local government which made the local law that is amended or repealed.

(4)

Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.

(5)

’’.

Section 46 (1)

‘‘uniform general by-law or other by-law’’ is deleted and the following is

substituted —

‘‘ regulation made under section 44 or local law ’’.

Section 46 (2)

‘‘uniform by-law or other by-law’’ is deleted and the following is

substituted —

‘‘ regulation made under section 44 or local law ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 46 (3)

‘‘by-law’’ is deleted in the first place where it occurs and the following is

substituted —

‘‘ regulation made under section 44 or local law

‘‘by-law’’ is deleted in the second place where it occurs and the following

is substituted —

’’.

‘‘ regulation or local law ’’.

Section 46 (4) and (5)

Repealed.

Various references to ‘‘Local Government Act 1960’’ amended

In each place listed in the Table to this clause ‘‘Local Government Act 1960’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Table

s. 3 (1) in paragraph (a) of the definition of ‘‘Minister’’

s. 5 (5)

s. 47 (1)

Various references to ‘‘council’’ amended

In each place listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 5 (1), (2), (3), (5)	s. 39 (1) (c)
s. 19 (2)	s. 40
s. 37 (1), (3) (b) (i), (ii), (5)	s. 42 (1), (2), (2) (b), (c)
s. 38 (3), (3) (a), (b) in the first	s. 47 (1)

place where it occurs, (5), (15)

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Co-operative and Provident Societies Act 1903

Section 27 (d)

Deleted and the following paragraph is substituted — ‘‘ (d) on securities of a local government; ’’.

Coroners Act 1996

Section 38 (2)

‘‘authority’’ is deleted.

Country Areas Water Supply Act 1947

Section 5 (1)

In the definition of ‘‘district’’, ‘‘local authorities means a municipal district constituted under the Local Government Act 1960, and includes’’ is deleted and the following is substituted —

‘‘

a local government means the district of that local

government and

’’.

In paragraph (b) of the definition of ‘‘farm land’’, ‘‘has the meaning given to it in section 6 (1) of the Local Government Act 1960’’ is deleted and the following is substituted —

‘‘

means an area that has been, or is to be regarded as having been, constituted a townsite, and given a name, under section 10 of the Land Act 1933

’’.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Table

s. 12	s. 39A (1)
s. 19	s. 99 in the paragraph
s. 33 (1) (da)	commencing ‘‘Fourthly’’
s. 36

s. 37(4),(7),(8),(9),(10), (11), (13), (15)

Country Towns Sewerage Act 1948

Sections 3 (1) and 11 (3)

In section 3 (1) in the definitions of ‘‘Local Government Act’’ and ‘‘water board’’ and in section 11 (3), ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Section 11 (1)

‘‘local authority in whose district’’ is deleted and the following is

substituted —

‘‘ local government of the district in which ’’.

Section 93

In the paragraph commencing ‘‘Thirdly’’ —

(a)	‘‘Council of the Municipality and the Local Authority under the Health Act 1911-1944,’’ is deleted and the following is substituted —
‘‘ local government ’’; and
(b)	in the first proviso ‘‘Branch, the Council of the Municipality and the Local Health Authority’’ is deleted and the following is substituted —
‘‘ Branch and the local government ’’; and
(c)	in the second proviso ‘‘the districts of two or more local authorities’’ is deleted and the following is substituted —
‘‘ 2 or more local government districts ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Crimes (Confiscation of Profits) Act 1988

Section 28 (5)

‘‘municipal’’ is deleted and the following is substituted —

‘‘ local government ’’.

Criminal Code Act Compilation Act 1913

Section 3

After ‘‘statutory rules,’’ the following is inserted —

‘‘ local laws, In subsection (1) after ‘‘statutory rule,’’ the following is inserted — ’’.

‘‘ local law, ’’.

The Criminal Code

Section 1 (1)

In paragraph (d) of the definition of ‘‘public officer’’, ‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government, council of a local government ’’.

Section 65

‘‘municipality, the mayor’’ is deleted and the following is substituted —

‘‘

local government district, the mayor or president of the

local government

’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 354 (6)

‘‘local authority’’ is deleted and the following is substituted —

‘‘

local government, regional local government, council of a

local government or regional local government

’’.

Dairy Industry Act 1973

Section 8

After ‘‘regulations,’’ the following is inserted —

‘‘ local laws, ’’.

Dampier Port Authority Act 1985

Section 28 (2)

‘‘the council of a municipality within the meaning of the Local

Government Act 1960’’ is deleted and the following is substituted —

‘‘ a local government ’’.

Debits Tax Assessment Act 1990

Section 3 (1)

In paragraphs (a) (iv) and (vii) of the definition of ‘‘excluded debit’’ item (C) is deleted and the following item is substituted —

‘‘ (C) a local government, ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Decimal Currency Act 1965

Various references to local law inserted

In each place listed in the Table to this clause after ‘‘rule’’ in each place where it occurs the following is inserted —

‘‘ , local law ’’.

Table

s. 3inthedefinitionof‘‘statutoryinstrument’’and paragraph (b) of the definition of ‘‘law of the State’’

s. 8 (3)

s. 12(4)

Declarations and Attestations Act 1913

Clauses 1 and 2 of the Schedule

Deleted and the following clauses are substituted —

‘‘

1.     The chief executive officer or deputy chief executive officer of a local government.

2.     A member of the council of a local government.

’’.

Dental Act 1939

Section 55 (1) (a) (ii)

‘‘authority’’ is deleted.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

District Court of Western Australia Act 1969

Section 5 (1) and (5)

In each subsection after ‘‘rule,’’ the following is inserted —

‘‘	local law,	’’.
Dividing Fences Act 1961

Section 3

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

Section 5

In the definition of ‘‘sufficient fence’’ paragraph (a) is deleted and the following paragraph is substituted —

‘‘

(a) any fence prescribed by a local law as a sufficient fence for the part of the local government district in which the dividing fence or boundary fence is, or is to be, erected;

’’.

Sections 5, 9 (3) and 15 (5b)

In each provision —

(a) ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law ’’; and

(b)	‘‘municipality’’isdeletedandthefollowingis substituted —
‘‘ local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 11 (6)

‘‘clerk of the council of the municipality’’ is deleted and the following is

substituted —

‘‘ chief executive officer of the local government ’’.

Section 11 (7)

Repealed.

Section 24

Repealed and the following section is substituted —

‘‘

Local government may be required to prescribe

‘‘sufficient fence’’

24. A local government shall, when required by the Minister so to do, make a local law prescribing what constitutes a sufficient fence for the purpose of the definition of ‘‘sufficient fence’’ in section 5.

’’.

Dog Act 1976

Section 3 (1)

The definition of ‘‘council’’ is deleted.

In the definition of ‘‘district’’, ‘‘, the inhabitants of which area are a municipality’’ is deleted and the following is substituted —

‘‘ that has been declared to be a district In the definition of ‘‘townsite’’ — ’’.

(a)	after paragraph (b) the following is inserted —
‘‘ and ’’;
(b)	paragraph (c) and the ‘‘and’’ after paragraph (c) are deleted; and

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

(c) in paragraph (d), ‘‘the district of ’’ is deleted.

Section 8 (1)

After ‘‘regulation’’ the following is inserted —

‘‘ , local law ’’.

Section 10 (3)

Repealed.

Sections 11 (2) and 12 (2)

In each subsection ‘‘councils’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments In section 11 (2), ‘‘328’’ is deleted and the following is substituted — ’’.

‘‘ 3.68 ’’.

Sections 26 (2), 27 (3) and 51

In each provision ‘‘by-laws’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local laws ’’.

Sections 30 (3) (f) and 31 (2) (e)

In each paragraph ‘‘of the municipality’’ is deleted.

Section 44 (2) (b) and (3)

In each provision ‘‘officer’’ is deleted in each place where it occurs and the following is substituted —

‘‘ employee ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 45A (2)

Repealed and the following subsection is substituted —

‘‘

Regulations made under section 48 or local laws

may provide for a modified penalty for an offence against

those regulations or local laws.

(2)

’’.

Heading to Part IX

‘‘BY-LAWS’’ is deleted and the following is substituted —

‘‘ LOCAL LAWS ’’.

Sections 48 and 49

Repealed and the following sections are substituted —

‘‘

Regulations to operate as local laws

48. (1)

operate as if they were local laws for each district to which

they apply.

The Governor may make regulations that are to

Regulations made under this section may deal with

any matter in respect of which local laws may be made

under this Act.

(2)

(3) Regulations under this section, other than those that only repeal or amend other regulations, are to contain a statement to the effect that they apply as if they were local laws.

A local government is to administer any regulation made under this section to the extent that it relates to any place where the local government may perform functions, as if the regulation was a local law.

(4)

Unless a contrary intention appears, a reference to

an offence against a local law includes a reference to an

offence against a regulation made under this section.

(5)

If there is any inconsistency between a regulation

made under this section and a local law, the regulation

prevails to the extent of the inconsistency.

(6)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Local laws

49.    A local government may make local laws —

(a)	for its district and any other area that is to be regarded, for the purposes of this Act, as being within that district;
(b)	in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995; and
(c)	for the purposes permitted by section 51.

Model local laws

49A. (1) The Governor may cause to be prepared and published in the Gazette model local laws the provisions of which a local law made under this Act may adopt by reference, with or without modification.

(2) Model local laws have no effect except to the extent

that they are adopted.

(3) The Governor may, by notice published in the Gazette, amend a model local law published under this section.

An amendment to a model local law does not affect any local law that adopted the model local law before the amendment but the amendment may be adopted by a further local law.

(4)

Governor may amend or repeal local laws

49B. (1) the text of, or repeal, a local law. The Governor may make a local law to amend

Subsection (1) does not include the power to amend a local law to include in it a provision that bears no reasonable relationship to the local law as in force before the amendment.

(2)

The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.

(3)

A local law made under this section is to be taken, for all purposes, to be a local law made by the local

(4)

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

government which made the local law that is amended or

repealed.

Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.

(5)

’’.

Section 50 (1)

‘‘uniform general by-law or other by-law’’ is deleted and the following is

substituted —

‘‘ regulation made under section 48 or local law ’’.

Section 50 (2)

‘‘uniform by-law or other by-law’’ is deleted and the following is

substituted —

‘‘ regulation made under section 48 or local law ’’.

Section 50 (3)

‘‘by-law’’ is deleted in the first place where it occurs and the following is

substituted —

‘‘ regulation made under section 48 or local law

‘‘by-law’’ is deleted in the second place where it occurs and the following

is substituted —

’’.

‘‘ regulation or local law ’’.

Section 50 (4) and (5)

Repealed.

Various references to ‘‘Local Government Act 1960’’ amended

In each place listed in the Table to this clause ‘‘Local Government Act 1960’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Government Act 1995 ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Table

s. 3(1)inthedefinitionof‘‘district’’and paragraph (d) of the definition of ‘‘townsite’’

s. 11 (1), (2)

s. 52 (1)

s. 54 (2)

Various references to ‘‘by-law’’ amended

In each place listed in the Table to this clause ‘‘by-law’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local law s. 26 (3), (4), (5) (a) s. 50 (1) (a) s. 52 (1) s. 54 (2), (3) ’’.

Table

Various references to ‘‘council’’ amended

In each place listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 3 (1) in the definition of s. 27 (1), (4), (5), (7), (7) (a)

‘‘registration officer’’, (2) s. 29 (1), (5), (5) (b), (6),

s. 9 (7), (11), (14)

s. 10A (1), (2), (3), s. 30 (3) (f)

(3) (a), (b), (c) s. 31 (2) (a), (e)

s. 11 (1), (3)	s. 32 (1) (a), (5)
s. 13	s. 36 (2), (3)
s. 14 (1), (2), (3), (4)	s. 38 (3)
s. 16 (1), (2), (2) (b), (3),	s. 40 (1) (f), (4)

(3) (b), (c), (3a) (a), (b), (4) s. 44 (2) (b), (3)

s. 16A (1), (2) (a), (3)	s. 45A (4)
s. 17 (1), (2), (3), (4)	s. 50 (1) (a)
s. 19	s. 51, (bb)
s. 20 (2)	s. 52 (1)
s. 26 (2), (3), (5), (5) (b)	s. 53 (4)

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

East Perth Redevelopment Act 1991

Section 3

The definition of ‘‘local government authority’’ is deleted.

Section 12

Repealed.

Sections 19 (2) (d) and 24 (2) (f)

In each paragraph ‘‘authority’’ is deleted where it occurs after ‘‘local government’’.

Section 23

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

‘‘ ‘‘council’’ ’’ is deleted and the following is substituted —

‘‘ ‘‘local government’’ ’’.

Section 29 (3) (b)

‘‘that council’’ is deleted and the following is substituted —

‘‘ the City of Perth ’’.

Section 30 (2) (b)

‘‘City’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Section 48 (1) (b)

‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘the council of ’’ deleted

In each place listed in the Table to this clause ‘‘the council of ’’ is deleted in each place where it occurs.

Table

s. 4 (2)

s. 23 (b)

s. 29 (3) (a)

s. 42 (1) (b) , (2)

s. 43 (6)

Eastern Goldfields Transport Board Act 1984

Section 3 (3) (c)

‘‘(as defined in section 67 (6) of the Local Government Act 1960)’’ is

deleted.

Section 3 (4)

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

‘‘

(4) In subsection (3) —

‘‘association’’ means a body of 10 or more persons, whether incorporated or not, which is formed for purposes other than securing pecuniary profit to its members and having for its objects social, sporting, religious, educational, literary, musical, scientific, agricultural, horticultural or other like activities or the welfare of its members.

’’.

Sections 10 (2) and 29

In each provision ‘‘municipal council of the’’ is deleted in each place where it occurs.

In section 10 (2), ‘‘councils’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

In section 29 ‘‘of ’’ is deleted where it occurs before ‘‘the Shire’’.

Section 18 (1) (a)

Subparagraph (i) is deleted and the following subparagraph is substituted —

‘‘

(i)    the local government district of Kalgoorlie-Boulder and any adjoining district;

’’.

In subparagraph (ii), ‘‘municipal’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 35

Repealed and the following section is substituted —

‘‘

Board not subject to rates

35. All land owned by the Board is exempt from rates under the Local Government Act 1995.

’’.

Education Act 1928

Section 6A (1), (2) and (3) (b)

In each provision ‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government ’’.

In section 6A (1), ‘‘constituted under the Local Government Act 1960’’ is deleted.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Electoral Act 1907

Section 4 (1)

The definition of ‘‘local governing body’’ is deleted.

Section 35

‘‘local governing body’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 44 (2) and (3)

In each subsection ‘‘municipal’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 100 (3)

‘‘municipal district of the City’’ is deleted and the following is

substituted —

‘‘ local government district ’’.

Section 109

‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government ’’.

Electricity Act 1945

Section 2

In the heading for Part IV ‘‘AND BY-LAWS’’ is deleted.

Section 5 (1)

The definition of ‘‘local authority’’ is deleted.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 6 (3)

Repealed.

Section 20 (1)

‘‘and by-laws’’ is deleted.

Heading to Part IV

‘‘AND BY-LAWS’’ is deleted.

Sections 32 (1) (k) and 40 (3)

In each provision ‘‘or by-laws’’ is deleted.

Section 33

Repealed.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 5 (1) in the definitions of s. 14

‘‘concessionaire’’ and ‘‘supply	s. 15 (2)
authority’’	s. 16 (1), (2), (3)

s. 8 (2)	s. 17 (2)
s. 9 (1), (1) (a), (b), (c) (i)	s. 32 (2)
s. 10 (1), (2)	s. 46 (1)
s. 12 (1), (2)

Various references to ‘‘local authorities’’ amended

In each place listed in the Table to this clause ‘‘local authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Table

s. 15 (1), (2), (3), (5), (6)

s. 17 (1)

s. 32(2)

Energy Corporations (Powers) Act 1979

Section 4 (1)

The definition of ‘‘local authority’’ is deleted.

Section 6 (2) (b)

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

Section 55 (a) and (b)

In each paragraph after ‘‘local’’ in the first place where it occurs the following is inserted —

‘‘ government ’’.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government s. 4 (1) in the definition of ‘‘concessionaire’’ s. 6 (2), (2) (b), (3) s. 45 (15) s. 54 (3) ’’.

Table

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Environmental Protection Act 1986

Section 3 (1)

In the definition of ‘‘public authority’’, ‘‘council of a municipality within the meaning of the Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ local government ’’.

Section 26 (d) (ii)

‘‘district or districts within the meaning of the Local Government

Act 1960’’ is deleted and the following is substituted —

‘‘ local government district or districts ’’.

Sections 26 (f), 28 (a) and 32 (1) (a) (iii)

In each provision ‘‘council or councils’’ is deleted and the following is substituted —

‘‘ local government or local governments ’’.

Section 123 (3) (a)

After ‘‘regulations,’’ the following is inserted —

‘‘ local laws, ’’.

Equal Opportunity Act 1984

Section 4 (1)

In paragraphs (b) and (c) (ii) of the definition of ‘‘Western Australian law’’, after ‘‘rule’’ the following is inserted —

‘‘ , local law ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Esperance Port Authority Act 1968

Section 22 (2)

‘‘municipal council under the Local Government Act 1960’’ is deleted

and the following is substituted —

‘‘ local government ’’.

Evidence Act 1906

Section 73K (3) (b)

‘‘the council of a municipality’’ is deleted and the following is

substituted —

‘‘ a local government ’’.

Section 78

Before ‘‘by-laws’’ in each place where it occurs the following is inserted —

‘‘ local laws, ’’.

Section 119 (1) and (4)

In subsection (1) in the definition of ‘‘public official’’ and in subsection (4), ‘‘municipality within the meaning of the Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ local government ’’.

Exotic Diseases of Animals Act 1993

Section 13 (1) (j)

‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Explosives and Dangerous Goods Act 1961

Sections 6 (1) and 51 (1) and (2)

In each subsection after ‘‘any regulation’’ the following is inserted —

‘‘ , local law ’’.

Section 6 (4)

‘‘by-law’’ is deleted and the following is substituted —

‘‘ local law ’’.

‘‘local authority under or pursuant to the provisions of the Municipal Corporations Act 1906, the Road Districts Act 1919, or the Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ local government under the Local Government Act 1995 ’’.

Section 7 (1)

The definition of ‘‘local authority’’ is deleted and the following definition is substituted —

‘‘

‘‘local government’’ means a local government or any person exercising the powers of a local government under the Health Act 1911;

’’.

Section 46 (1) and (2)

In each subsection ‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

In section 46 (1), ‘‘apply such of its ordinary revenue as it may deem necessary and may make by-laws’’ is deleted and the following is substituted —

‘‘officer’’ is deleted and the following is substituted —

‘‘ employee ‘‘government authorities’’ is deleted and the following is substituted — ’’.

‘‘ governments ’’.

Section 23 (5)

‘‘town clerk or shire clerk of the authority’’ is deleted and the following

is substituted —

‘‘ chief executive officer of the local government ‘‘officer of the authority’’ is deleted and the following is substituted — ’’.

‘‘ employee of the local government ’’.

Section 60 (1)

Before ‘‘authority’’ the following is inserted —

‘‘ local government and other ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 61 (b)

‘‘an authority’’ is deleted and the following is substituted —

‘‘ a local government or any other authority ’’.

Sections 62 (4) and 63 (2)

In each subsection ‘‘any authority’’ is deleted and the following is substituted —

‘‘ a local government or other authority ’’.

Section 67

Repealed.

Clause 12 (b) of Schedule 2

‘‘local government authority by-laws and ordinances’’ is deleted and the

following is substituted —

‘‘ local laws ’’.

Clause 11 of Schedule 3

After ‘‘such an authority’’ the following is inserted —

‘‘ or local government ’’.

Various references to ‘‘or local government authority’’ amended

In each place listed in the Table to this clause ‘‘or local government authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ authority or local government ’’.

Table

s. 35 (1) (k) s. 36 (1) (d) s. 38 (1)

s. 39 (1) (b)

s. 47 (3) (b) (i)

cl. 1 (1) (a) of Schedule 1

cl. 11 of Schedule 3

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘authority’’ deleted

In each place listed in the Table to this clause ‘‘authority’’ is deleted in each place where it occurs after ‘‘local government’’.

Table

s. 5 (3) (b) s. 26 (1), (1) (e), (i), (k),

s. 6 (3)	(n), (o), (2), (3),
s. 8 (3) (e)	(4) (a), (c), (5) (a), (c),
s. 9 (3) (b), (b) (i)	(9) (a), (10), (11), (12)

s. 10 (2) (a)	s. 62 (4) (a), (b), (c)
s. 19 (10)	s. 63 (2) (a)
s. 23 (1), (1) (a), (b), (c),	s. 126

(2), (2) (a), (3), (4), (5) s. 127

s. 24(1),(2),(3),(4), (5), (6), (7), (8)

Subiaco Redevelopment Act 1994

Long title

‘‘City of Subiaco and in the Town of ’’ is deleted and the following is

substituted —

‘‘ local government districts of Subiaco and ’’.

Section 3

The definition of ‘‘local government authority’’ is deleted.

Sections 4 (2) and 27 (b)

In each provision ‘‘council of the City of Subiaco or of ’’ is deleted and the following is substituted —

‘‘ City of Subiaco or ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 7 (1) (b)

Deleted and the following paragraph is substituted —

‘‘

(b) 2 are to be persons nominated by the City of Subiaco who are members of the Council of, or employees of, the City of Subiaco;

’’.

Section 12

Repealed.

Section 21 (2) (d)

‘‘authority’’ is deleted in the second place where it occurs.

Sections 26 (1) and 27

In each provision ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Section 26 (2)

‘‘town clerk’’ is deleted and the following is substituted —

‘‘ chief executive officer ’’.

Section 26 (3)

Repealed and the following subsection is substituted —

‘‘

(3) In this section and section 27 —

‘‘street’’ means a thoroughfare as defined in the

Local Government Act 1995.

’’.

Section 27

‘‘ ‘‘council’’ ’’ is deleted and the following is substituted —

‘‘ ‘‘local government’’ ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 28 (2) (e)

Deleted and the following paragraph is substituted —

‘‘

(e) a local government or a committee or employee of a local government.

’’.

Section 33 (3) (b)

‘‘councils’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Section 34 (2) (b)

‘‘the City of Subiaco and in the Town of ’’ is deleted and the following is

substituted —

‘‘ the local government districts of Subiaco and ’’.

Section 55 (1) (b)

‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Clause 2 (d) of Schedule 2

‘‘officer’’ is deleted and the following is substituted —

‘‘ employee ’’.

Various references to ‘‘council of the City of Subiaco and of ’’ amended

In each place listed in the Table to this section ‘‘council of the City of

Subiaco and of ’’ is deleted and the following is substituted —

‘‘ City of Subiaco and ’’.

Table

s. 33 (3) (a)

s. 49 (1) (b), (2)

s. 50 (5)

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Superannuation and Family Benefits Act 1938

Section 6 (1)

The definition of ‘‘local authority’’ is deleted.

Supreme Court Act 1935

Section 11E (4)

After ‘‘rule,’’ the following is inserted —

‘‘	local law,	’’.
Swan River Trust Act 1988

Section 3

The definition of ‘‘local Government authority’’ is deleted.

Section 4 (2) (d) (i) and (ii)

In each sub-paragraph ‘‘municipality in whose district’’ is deleted and the following is substituted —

‘‘ district in which ’’.

Section 5 (3)

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

Section 9 (1)

‘‘authority of that municipality’’ is deleted.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Sections 10 (2) and 29

Repealed.

Section 12 (1) (g) and (3)

In each provision ‘‘a local government authority’’ is deleted and the following is substituted —

‘‘ the council of a local government ’’.

Section 23 (2) (b)

‘‘municipalities’’ is deleted and the following is substituted —

‘‘ local governments ’’.

Section 26 (2)

Repealed and the following subsection is substituted —

‘‘

The Trust may in a resolution under subsection (1) empower a public authority or a local government to subdelegate a function delegated to it under this section to —

(2)

(a)	in the case of a public authority, a committee of, a member of, or an officer of, the authority; or
(b)	in the case of a local government, the council of, a committee of, or an employee of, the local government, or a member of the council of the local government.

’’.

Section 26 (5) (d)

Deleted and the following paragraph is substituted —

‘‘

(d) a local government or a member of the council of, or an employee of, a local government.

’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 39 (3)

The definition of ‘‘relevant local government authority’’ is deleted and the following definition is substituted —

‘‘

‘‘relevant local government’’ means a local government referred to in Schedule 2 which was consulted under section 35;

’’.

Section 54 (3)

‘‘authority’’ is deleted in the second place where it occurs and the

following is substituted —

‘‘ local government ’’.

Schedule 2

‘‘MUNICIPALITIES’’ is deleted and the following is substituted —

‘‘ LOCAL GOVERNMENTS ’’.

Various references to ‘‘the local government authority of ’’ deleted

In each place listed in the Table to this clause ‘‘the local government authority of ’’ is deleted.

Table

s. 23 (1) s. 35 (b) s. 52 (1) (a)

s. 53 (1) (b)

s. 54 (3)

Various references to ‘‘municipality’’ amended

In each place listed in the Table to this clause ‘‘municipality’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Table

s. 9 (1) in the first place where it occurs

s. 23 (1), (2), (2) (a), (b), (3)

s. 24 (2)

s. 35 (b)

s. 52 (1) (a), (b)

s. 53 (1) (b)

s. 54 (3)

Various references to ‘‘authority’’ deleted

In each place listed in the Table to this clause ‘‘authority’’ is deleted in each place where it occurs after ‘‘local government’’.

Table

s. 4 (2) (d)	s. 53 (2)
s. 5 (3), (3) (b), (c)	s. 55 (2) (b)
s. 9 (2), (4)	s. 59 (5)
s. 39 (1)	s. 60 (3)
s. 52 (3)

Swan Valley Planning Act 1995

Section 3

In the definition of ‘‘Shire town planning scheme’’, ‘‘Shire of ’’ is deleted and the following is substituted —

‘‘ local government district of ’’.

Section 15 (1), (2), (4) and (5)

In each subsection ‘‘Council’’ is deleted in each place where it occurs (except the first place in subsection (1)) and the following is substituted —

‘‘ Shire of Swan ’’.

Section 21

Repealed.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘Council of the’’ deleted

In each place listed in the Table to this clause ‘‘Council of the’’ is deleted in each place where it occurs.

Table

s. 5 (3) (a)

s. 13 (1) (f), (2)

s. 15 (1)

s. 23(1)

The Confederation of Western Australian

Industry (Incorporated) Act 1976

Section 3

In paragraphs (b) and (c) of the definition of ‘‘law of the State’’, after

‘‘rules,’’ the following is inserted —

‘‘ local laws ’’.

The Magisterial Districts Act 1886

Sections 3 and 4

In each section after ‘‘regulation,’’ the following is inserted —

‘‘ local law, ’’.

The Municipal Water Supply Preservation Act 1892

Section 2

‘‘Local Board of Health of the Municipality’’ is deleted and the following

is substituted —

‘‘ local government of the district ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

‘‘Municipality’’ is deleted in the second place where it occurs and the

following is substituted —

‘‘ local government district ’’.

Section 3

‘‘ ‘‘The Public Health Act 1886,’’ and any Act incorporated therewith,’’ is

deleted and the following is substituted —

‘‘ the Health Act 1911 ’’.

‘‘Municipal boundaries’’ is deleted and the following is substituted —

‘‘ a local government district

‘‘ ‘‘The Public Health Act 1886.’’ ’’ is deleted and the following is

substituted —

’’.

‘‘ the Health Act 1911. ’’.

Section 4

All the words from ‘‘Every Local Board’’ to ‘‘especially’’ are deleted and the following is substituted —

‘‘

A local government may make local laws for the purposes of this Act and in particular —

’’.

Various references to ‘‘Municipal’’ amended

In each place listed in the Table to this clause ‘‘Municipal’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Government ’’.

Table

Short title Long title Preamble s. 1

s. 2

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

The Newspaper Libel and Registration Act 1884

Amendment Act 1888

Section 6

‘‘municipal’’ is deleted in both places where it occurs and the following

is substituted —

‘‘ local government ’’.

The Standard Time Act 1895

Section 4

After ‘‘regulation,’’ the following is inserted —

‘‘	local law	’’.
Toodyay Cemeteries Act 1939

Section 4

‘‘Toodyay Road Board’’ is deleted and the following is substituted —

‘‘ Shire of Toodyay ’’.

Town Planning And Development Act 1928

Section 2 (1)

The definitions of ‘‘district’’ and ‘‘local authority’’ are deleted.

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995;

’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

In the definition of ‘‘building line’’, ‘‘by-law’’ is deleted and the following is substituted —

‘‘ local law ’’.

Section 7 (6)

‘‘the district of any municipality’’ is deleted and the following is

substituted —

‘‘ a local government district ’’.

Section 7 (7)

‘‘municipality’’ is deleted in both places where it occurs and the

following is substituted —

‘‘ local government ‘‘the local authority of ’’ is deleted.	’’.
Section 7A (1) and (4)

In each subsection ‘‘Council of the’’ is deleted.

Section 7A (1), (2) and (5)

In each subsection ‘‘Council’’ is deleted in each place where it occurs (other than the first place in subsection (1)) and the following is substituted —

‘‘ Shire ’’.

Section 7B (4)

‘‘councils of a municipality’’ is deleted and the following is

substituted —

‘‘ local governments ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 7B (5) (d) and (11)

In each provision ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘

Local Government Act 1995 and the Local Government

(Miscellaneous Provisions) Act 1960

’’.

Section 7B (9)

‘‘that authority and the council’’ is deleted and the following is

substituted —

‘‘

the public authority or local government desiring to carry out the work or undertaking and the local government administering the order

’’.

Section 16

Repealed.

Section 20 (1) (d) (i)

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Section 33A

After section 33 the following section is inserted —

‘‘

Compliance with Local Government Regulations

33A. (1) If there is any inconsistency between a town planning scheme and a regulation made under section 433A of the Local Government (Miscellaneous Provisions) Act 1960, the town planning scheme prevails to the extent of the inconsistency.

In the exercise of any power conferred on it by a town planning scheme, a local government is not obliged to have regard to any regulations made under section 433A of the Local Government (Miscellaneous Provisions) Act 1960.

(2)

’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Clause 5 (b) of the First Schedule

‘‘section 225 of the Municipal Corporations Act 1906, and of section 146 of the Road Districts Act 1919’’ is deleted and the following is substituted —

‘‘ the Local Government Act 1995 ’’.

Clause 5 (c) of the First Schedule

‘‘council’’ is deleted and the following is substituted —

‘‘ local government ’’.

Heading to the Second Schedule

‘‘BY-LAWS MAY BE MADE BY A LOCAL AUTHORITY’’ is deleted and the

following is substituted —

‘‘ LOCAL LAWS MAY BE MADE BY A LOCAL GOVERNMENT ’’.

Clause 8 of the Second Schedule

‘‘by-law’’ is deleted and the following is substituted —

‘‘ local law ’’.

Various references to ‘‘by-laws’’ amended

In each place listed in the Table to this clause ‘‘by-laws’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local laws ’’. Table

s. 7B (5) (d), (6) (c), (11)

s. 12 (1), (2a) (b) (ii)

s. 31 (1)

cl. 2 of the Second Schedule

cl. 5 of the Second Schedule

cl. 6 of the Second Schedule

cl. 7 of the Second Schedule

cl. 8 of the Second Schedule

cl. 11 of the Second Schedule

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘council’’ amended

In each place in section 7B listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs (but not ‘‘Council’’) and the following is substituted —

‘‘ local government subs. (4) subs. (5) (a) (i), (iv), (b), (c) subs. (6) (d) subs. (7) (a) (ii) subs. (8) (a), (c) subs. (9) in the first and third places where it occurs subs. (12) (a) (i), (b) ’’.

Table

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 2 (1) in the definitions of s. 18A (1), (1) (a), (b), (c), (2),

‘‘building line’’ and (3), (4), (5), (6), (7)

‘‘responsible authority’’ s. 19 (2), (4) (a) (ii), (iii)

s. 5AA (3), (5)	s. 20 (1) (d) (i)
s. 7 (1), (2), (2a) (b),	s. 20C (1), (2), (2) (a), (b), (c),

(4) (b), (c), (5) (4) (b), (5), (6)

s. 7AA (1) (a), (2) (a), s. 22 (2)

(aa), (b), (c), (3a) (a) s. 24 (1), (2)

s. 7B (2) (a), (6) (c), (9)	s. 27A (1) (b) (i)
s. 8 (2) (b), (3)	s. 28 (1), (2)
s. 9 (2) (a), (b)	s. 31 (1)
s. 11 (1)	s. 32
s. 12 (1), (2), (2a) (b) (ii)	cl. 11A (3) of the First Schedule
s. 17 (1), (2)	cl. 17 of the First Schedule
s. 18 (1), (2), (3)	cl. 9 of the Second Schedule

Various references to ‘‘local authorities’’ amended

In each place listed in the Table to this clause ‘‘local authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Table

s. 5AA (2), (3)

s. 7B (2) (a)

s. 8 (3)

cl. 1 of the Second Schedule

Transfer of Land Act 1893

Section 129C (4)

‘‘council of the municipality or the board of the road’’ is deleted and the

following is substituted —

‘‘ local government of the ’’.

Section 145 (1) (b)

‘‘the mayor or other chief officer or town clerk or the acting mayor or other acting chief officer or acting town clerk of any city or municipal corporation’’ is deleted and the following is substituted —

‘‘

the mayor, president or chief executive officer of a local government or a person acting as mayor, president or chief executive officer

’’.

Section 223

‘‘City’’ is deleted and the following is substituted —

‘‘ city ’’.

Section 231

‘‘town or city’’ is deleted in both places where it occurs and the following

is substituted —

‘‘ local government ‘‘municipality’’ is deleted and the following is substituted — ’’.

‘‘ local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Transport Co-ordination Act 1966

Section 4 (1)

The definition of ‘‘local authority’’ is deleted.

Section 27 (3)

‘‘Local Government Act 1960’’ is deleted and the following is

substituted —

‘‘ Local Government Act 1995 ’’.

Section 47Z (1)

The definitions of ‘‘district’’ and ‘‘municipality’’ are deleted.

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995;

’’.

Section 47ZG (2)

‘‘local authorities in whose district or districts’’ is deleted and the

following is substituted —

‘‘ local governments of the district or districts in which ’’.

Section 47ZG (3)

‘‘A local authority in’’ is deleted and the following is substituted —

‘‘ The local government of ’’. ‘‘by-laws’’ is deleted and the following is substituted —

‘‘ local laws ’’.

Section 47ZG (4)

‘‘by-law’’ is deleted in both places where it occurs and the following is

substituted —

‘‘ local law ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 47ZG (5)

After ‘‘as if ’’ the following is inserted —

‘‘ they were local laws ’’.

Section 47ZG (7)

‘‘by-laws made by the local authority for’’ is deleted and the following is

substituted —

‘‘ local laws made by the local government of ’’.

Various references to ‘‘local authority’’ amended

In each place listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 27 (3), (4), (5) s. 47ZF (1) (za) s. 47ZG (2), (6) cl. 7 of the First Schedule

Trustees Act 1962

Section 16 (1) (c)

Deleted and the following paragraph is substituted —

‘‘ (c) in any securities issued by a local government; ’’.

Unclaimed Money Act 1990

Section 11 (4)

‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Valuation of Land Act 1978

Section 4 (1)

The definition of ‘‘municipality’’ is deleted.

In the definition of ‘‘metropolitan region’’ —

(a)	‘‘districts of the following municipalities — the cities of ’’ is deleted and the following is substituted —
‘‘ following local government districts — ’’;
(b)	‘‘and Subiaco; the towns of ’’ is deleted and the following is substituted —
‘‘ , Subiaco, ’’; and
(c)	‘‘and Vincent; and the shires of ’’ is deleted and the following is substituted —
‘‘ , Vincent, ’’.

In the definition of ‘‘townsite’’ —

(a)	in paragraph (ii), ‘‘the district of a municipality’’ is deleted and the following is substituted —
‘‘ a district ’’; and
(b)	inparagraph(iv),‘‘currentlydeclaredatownsiteunder section 686 of the Local Government Act 1960 or any Act repealed thereby’’ is deleted and the following is substituted —

‘‘

in an area that has been, or is to be regarded as having been, constituted a townsite, and given a name, under section 10 of the Land Act 1933

’’.

Sections 9, 37 and 49 (2) (a)

In each provision ‘‘municipality’’ is deleted and the following is substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 30

Repealed.

Section 31

Repealed and the following section substituted —

‘‘

Concessional valuations for land subject to special agreements

31.    (1)

This section applies to the owner of any land to whom section 533B of the Local Government Act 1969 as in force before the commencement of this Act applied by virtue of the operation of section 533AA of that Act.

(2)If this section applies to a person, any land owned by that person which was valued under that section 533B is, for the purpose of imposing rates under the Local Government Act 1995, to be valued under section 6.30 of that Act.

’’.

Section 31A (a) and (b)

Repealed and the following paragraphs are substituted —

‘‘

(a)	is requested under clause 1 (5) of Schedule 6.1 to the Local Government Act 1995 to determine the value of land, he shall make the determination in accordance with clause 1 (6) of that Schedule; and
(b)	is requested under clause 2 (5) of Schedule 6.1 to the Local Government Act 1995 to determine the value of land, he shall make the determination in accordance with clause 2 (6) of that Schedule.

’’.

Warehousemen’s Liens Act 1952

Section 7 (5) (a)

‘‘City’’ is deleted and the following is substituted —

‘‘ local government district ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Water Agencies (Powers) Act 1984

Section 3 (1)

The definition of ‘‘council’’ is deleted.

In the definition of ‘‘local authority’’ paragraph (b) and the ‘‘or’’ after paragraph (b) are deleted and the following is substituted —

‘‘

(b) any other person exercising the powers of a local government under the Health Act 1911; or

’’.

Section 38 (1)

‘‘by-law’’ is deleted in each place where it occurs and the following is

substituted —

‘‘ local law ’’.

Section 41A (1) (a)

Deleted and the following paragraph is substituted —

‘‘

(a) is not within an area that has been, or is to be regarded as having been, constituted a townsite, and given a name, under section 10 of the Land Act 1933;

’’.

Section 65 (a) and 67 (4)

In section 65 (a) in paragraph (b) of the definition of ‘‘planning condition’’ and in section 67 (4), ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government (Miscellaneous Provisions) Act 1960 ’’.

Section 69A (4)

‘‘, rate book or other valuation’’ is deleted.

‘‘municipality’’ is deleted in both places where it occurs and the

following is substituted —

‘‘ local government ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

‘‘town clerk or the shire clerk’’ is deleted and the following is

substituted —

‘‘ chief executive officer ’’.

Section 85 (1)

‘‘Division 2 or 3 or Part XXVI’’ is deleted.

Various references to ‘‘Local Government Act 1960’’ amended

In each place listed in the Table to this clause ‘‘Local Government

Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Table

s. 3 (1) in the definition of ‘‘owner’’

s. 38 (1)

s. 69A (4) (a)

s. 85 (1)

Various references to ‘‘council’’ amended

In each place listed in the Table to this clause ‘‘council’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Table

s. 3 (1) in the definitions of s. 89 (1)

‘‘local authority’’ and ‘‘street’’ s. 93 (1) (b) (ii), (2)

s. 38 (1)	s. 94 (1)
s. 67 (3), (3) (c)	s. 98
s. 72 (4)	s. 99 (1), (2), (3), (4), (5)
s. 85 (1), (2), (2) (c)	s. 100 (a)
s. 88 (1) (c) (ii)

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Water Boards Act 1904

Section 3 (1)

The definitions of ‘‘district’’ and ‘‘local authority’’ are deleted.

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995;

’’.

In the definition of ‘‘chairman’’, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

In the definition of ‘‘country land’’, ‘‘municipal’’ is deleted.

Section 4 (1)

‘‘the District of a Local Authority, or the Districts of two or more Local

Authorities’’ is deleted and the following is substituted —

‘‘ a District, or 2 or more Districts ’’.

Section 7 (1)

‘‘a Local Authority whose District, or part of whose District,’’ is deleted

and the following is substituted —

‘‘ the Local Government of a District all or part of which ’’.

Section 37

‘‘Local Board of Health’’ is deleted in the first place where it occurs and

the following is substituted —

‘‘ local government under the Health Act 1911 ’’.

‘‘by-laws’’ is deleted and the following is substituted —

‘‘ local laws ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

‘‘Health Act 1898’’ is deleted and the following is substituted —

‘‘ Health Act 1911 ’’.

‘‘the district of a Local Board of Health’’ is deleted and the following is

substituted —

‘‘ a local government district ’’.

Section 49

‘‘officer’’ is deleted in each place where it occurs and the following is

substituted —

‘‘ employee ’’.

Section 63 (7)

‘‘in whose district’’ is deleted and the following is substituted —

‘‘ of the district in which ’’.

Section 84

‘‘property’’ is deleted in both places where it occurs and the following is

substituted —

‘‘ land ’’.

Section 108 (7)

In the paragraph beginning ‘‘Thirdly’’ —

(a)	‘‘municipal council or road board and the local authority under the Health Act 1911-1937,’’ is deleted and the following is substituted —
‘‘ local government ’’; and
(b)	in the proviso ‘‘, the municipal council or road board and the local health authority’’ is deleted and the following is substituted —
‘‘ and the local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Various references to ‘‘Local Authority’’ amended

In each place listed in the Table to this clause ‘‘Local Authority’’ and ‘‘local authority’’ are deleted in each place where they occur and the following is substituted —

‘‘ Local Government ’’.

Table

s. 3 (1) in the definition s. 62A (1)

of ‘‘rateable land’’ s. 62B

s. 9 s. 63 (4), (7), (8), (9),

s. 10 (5), (11) (10), (11), (13), (15)

s. 44 (1)	s. 65A (1)
s. 48	s. 80
s. 49	s. 82
s. 51 (1), (2)	s. 126
s. 60 (1) (d)	s. 159

Various references to ‘‘Local Authorities’’ amended

In each place listed in the Table to this clause ‘‘Local Authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ Local Governments ’’.

Table

s. 9

s. 10 (11)

s. 13

s. 14

Waterways Conservation Act 1976

Section 3 (1)

The definition of ‘‘local government authority’’ is deleted.

The following definition is inserted in the appropriate alphabetical position —

‘‘

‘‘by-law’’ means a by-law or, in relation to a local government, a local law, made under this Act;

’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 5 (1)

After ‘‘regulation,’’ the following is inserted —

‘‘ local law, ’’.

Sections 5 (3) and 56 (5)

In each subsection ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Sections 28 (3) (a) and 35 (1)

In each provision ‘‘government’’ is deleted and the following is substituted —

‘‘ governments In section 28 (3) (a) after ‘‘reimburse the’’ the following is inserted — ’’.

‘‘ local government or ’’.

Section 34 (2)

Repealed.

Section 56 (1) and (4)

In subsection (1), ‘‘ by-laws’’ is deleted and the following is substituted —

‘‘ local laws ’’.

In each subsection ‘‘by-law’’ is deleted and the following is substituted —

‘‘ local law ’’.

Section 56 (1a) and (5)

In each subsection ‘‘By-laws’’ is deleted and the following is substituted —

‘‘ Local laws ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 56 (2)

After ‘‘adopt’’ the following is inserted —

‘‘ as a local law ’’.

Section 56 (3)

‘‘by-law so adopted’’ is deleted and the following is substituted —

‘‘ local law adopting the model by-law ’’.

Various references to ‘‘local government authority’’ amended

In each place listed in the Table to this clause ‘‘authority’’ is deleted in each place where it occurs after ‘‘local government’’.

Table

s. 5 (3), (3) (b), (c)	s. 54 (6) (d) (i), (7)
s. 24 (3) (b)	s. 56 (1), (2), (3), (4), (5)
s. 32 (2) (b)	s. 57
s. 33 (1), (2), (3)	s. 58 (1)
s. 35 (3)

Various references to ‘‘local government authorities’’ amended

In each place listed in the Table to this clause ‘‘government authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ governments ’’. Table

s. 14 (3), (4) (b)

s. 23 (2) (d)

s. 25 (2) (d)

s. 54 (6) (d) (i)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Weights and Measures Act 1915

Section 33 (1)

‘‘municipal’’ is deleted and the following is substituted —

‘‘ local government ’’.

Western Australian Development Corporation Act 1983

Section 11 (4)

‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Western Australian Land Authority Act 1992

Section 4

The definition of ‘‘local government authority’’ is deleted.

Section 17 (2) (c)

‘‘or a local government authority’’ is deleted and the following is

substituted —

‘‘ , a local government or a regional local government ’’.

Western Australian Marine (Sea Dumping) Act 1981

Section 14 (8) (e)

‘‘councils within the meaning of the Local Government Act 1960’’ is

deleted and the following is substituted —

‘‘ local governments ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Western Australian Meat Industry Authority Act 1976

Section 24

After ‘‘rule’’ the following is inserted —

‘‘ , local law ’’.

Western Australian Planning Commission Act 1985

Section 3

The definition of ‘‘local government authority’’ is deleted.

The following definitions are inserted in the appropriate alphabetical positions —

‘‘

‘‘district’’ means an area that has been declared to be a district under the Local Government Act 1995;

’’;

‘‘

‘‘local government’’ means a local government or a regional local government;

’’.

In the definition of ‘‘WAMA’’, ‘‘Local Government Act 1960’’ is deleted and the following is substituted —

‘‘ Local Government Act 1995 ’’.

Sections 6 (7), 55 (1) and 66 (2)

In sections 6 (7) and 66 (2) and in section 55 (1) in paragraph (e) of the definition of ‘‘member’’, ‘‘local government authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government ’’.

Section 18 (1) (b)

‘‘local authorities’’ is deleted and the following is substituted —

‘‘ local governments ’’.

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Section 18 (1b) (c)

‘‘municipalities the districts of ’’ is deleted and the following is

substituted —

‘‘ local governments of the districts ’’.

Section 19 (1d) (a) and (b)

In each paragraph ‘‘the municipality of ’’ is deleted.

Section 20 (4)

After paragraph (c), ‘‘or’’ is deleted.

Paragraph (d) is deleted and the following is substituted —

‘‘

(d)	a public authority or a member or officer of a public authority; or
(e)	a local government, or the council of, or an employee of, a local government, or a member of the council of a local government.

’’.

Section 56

Repealed.

Schedule 1

In items 1 and 4 ‘‘of the Shires’’ is deleted.

In items 2, 5, 6, 7 and 8 —

(a)	‘‘of the City’’ or ‘‘of the Town’’ is deleted; and
(b)	‘‘andoftheShiresof’’isdeletedandacommais substituted.

In item 3 ‘‘the Town of Albany and of the Shires of Albany,’’ is deleted and the following is substituted —

‘‘ Albany (Town), Albany (Shire), ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

In item 9 —

(a)	‘‘the Towns of Narrogin and Northam and of the Shires of ’’ is deleted and the following is substituted —
‘‘ Narrogin (Town), Northam (Town), ’’; and
(b)	after ‘‘Narrogin’’ and ‘‘Northam’’ in the second places where they occur the following is inserted —
‘‘ (Shire) ’’.

Various references to ‘‘local authority’’ amended

In each place in section 18 listed in the Table to this clause ‘‘local authority’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local government subs. (1a) subs. (1c), (1c) (a), (b), (b) (i) (B) subs. (1d) subs. (1e) subs. (1f) subs. (1g) ’’.

Table

Various references to ‘‘local government authorities’’ amended

In each place listed in the Table to this clause ‘‘government authorities’’ is deleted in each place where it occurs and the following is substituted —

‘‘ local governments ’’.

Table

s. 5 (1) (b) (i), (ii)

s. 18 (1) (c)

s.

19(1c)(a)(vi),

(1e) (a) (viii),

(1g) (a) (ix),

(1i) (a) (iv)

No. 14] Local Government (Consequential

Amendments) Act 1996

Schedule 1 continued

Western Australian Tourism Commission Act 1983

Section 3

The definition of ‘‘local authority’’ is deleted and the following definition is substituted —

‘‘

‘‘local government’’ means a local government or a regional local government;

’’.

Section 14 (2) (c) and (j)

In each paragraph ‘‘local authority’’ is deleted and the following is substituted —

‘‘ local government ’’.

Western Australian Treasury Corporation Act 1986

Section 10 (4a) (b)

‘‘an authority under the Local Government Act 1960 or any Act repealed

by that Act’’ is deleted and the following is substituted —

‘‘ a local government ’’.

Wildlife Conservation Act 1950

Section 9 (2) and (3)

‘‘local authority’’ is deleted in the first place where it occurs in

section 9 (2) and in section 9 (3) and the following is substituted —

‘‘ local government ’’.

Local Government (Consequential [No. 14

Amendments) Act 1996

Schedule 1 continued

Section 9 (2) (b) is deleted and the following paragraph is substituted —

‘‘

(b) where the matter relates to a local government — the local government shall refer the matter to the Minister charged with the administration of the Local Government Act 1995, who may consult with the Minister;

’’.

Workers’ Compensation and Rehabilitation Act 1981

Section 6

‘‘municipal corporation’’ is deleted in both places where it occurs and

the following is substituted —

‘‘ local government ’’.

‘‘local,’’ is deleted.

Workplace Agreements Act 1993

Section 41 (f)

‘‘municipality or regional council constituted under the Local

Government Act 1960’’ is deleted and the following is substituted —

‘‘ local government or regional local government ’’.

York Cemeteries Act 1933

Section 3

‘‘York Municipal Council as the trustees’’ is deleted and the following is

substituted —

‘‘ Shire of York as the trustee ’’.

By Authority: JOHN A. STRIJK, Acting Government Printer