Local Government (Constitution) Amendment Regulations (No. 2) 1996 (WA)

4010 GOVERNMENT GAZETTE, WA [16 August 1996

Amendment Regulations (No. 2) 1996.

LOCAL GOVERNMENT

LG301

LOCAL GOVERNMENT ACT 1995

LOCAL GOVERNMENT (CONSTITUTION) AMENDMENT

REGULATIONS (NO. 2) 1996

Made by His Excellency the Governor in Executive Council.

Citation

1.   These regulations may be cited as the Local Government (Constitution)

16 August 19961 GOVERNMENT GAZETTE, WA 4011

Commencement

2.      These regulations shall be deemed to have come into operation on 1 July

1996.  

Principal regulations

3.     In these regulations the Local Government (Constitution)

Regulations 1996*	are referred to as the principal regulations.
[* Published in Gazette 24 June 1996, pp.	2753-70.

For amendments to 6 August 1996 see Gazette 28 June 1996 pp. 3170-1.1

Regulations 13, 14 and 15 inserted

4.      After regulation 12 of the principal regulations the following regulations

are inserted -

it

Transitional provision relating to certain members - s. 9.71

13.    (1) To avoid doubt it is declared that for the purposes of the

application of Part 2, Division 5 and section 2.32 of the Act to -

the remainder of the term of office of a member of a council

(a) referred to in clause 6 of Schedule 9.3; or

the term of office of a member of a council elected at an

(b) election referred to in clause 13 of Schedule 9.3,

the member is to be regarded as being an elector of the district so long

as he or she continues to -

(c)	reside in the district; or
(d)	be, within the meaning of the former provisions, the owner

or occupier of rateable property in the district.

(2) In subregulation (1) -

"former provisions" means the Local Government Act 1960 as

in force immediately before the commencement day.

Transitional provision relating to vacancies - s. 9.71

14. Section 75 of the Local Government Act 1960 as in force immediately before the commencement day continues to have effect in relation to a vacancy in an office of a member of a council that occurs on or before 3 August 1996.

Transitional provision relating to districts and

boundaries - s. 9.71

15. (1) Despite clause 3(4) of Schedule 2.1, if the Advisory Board is considering a proposal that is substantially similar in effect to a question in relation to which the Boundaries Commission has held meetings or hearings or received submissions during the relevant period, the Board may -

take account of the deliberations of the Boundaries

(a) Commission, and any submissions or other information

received by it, in relation to that question; and

(b) in a written report to the Minister, recommend* that the

Minister reject the proposal or that an order be made in accordance with the proposal,

without formally inquiring into the proposal.

* Absolute majority required.

4012 GOVERNMENT GAZETTE, WA [16 August 1996

(2) In subregulation (1) —

"Boundaries Commission" means the Local Government

Boundaries Commission constituted under the Local

Government Act 1960;

"proposal" means a proposal made under clause 2 of Schedule

2.1 that an order be made as to any or all of the matters

referred to in section 2.1 of the Act;

"relevant period" means the period beginning on 9 January

1996 and ending on 30 June 1996. ff

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.