Local Government (Governance and Melton) Act 1998 (Vic)
Local Government (Governance and Melton) Act
1998
Act No. 86/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—DOCKLANDS AREA 3 Division 1—Docklands Authority Act 1991 3
3. Definitions 3 4. New Part 3A inserted 3 PART 3A—MUNICIPAL FUNCTIONS OF AUTHORITY 4 Division 1—Municipal functions of Authority 4
35B. Docklands area is not a municipal district 4 35C. Authority to have functions of municipal council 4
35D. Local laws 4
35E. Rates and charges 5 35F. Sewers and drains 6 35G. Roads and traffic 6
35H. Authorised officers 7
35I. Land information and notices 7 35J. Indemnity 8 35K. Obstructing the Authority 8 35L. Compliance with requirements 8
35M. Proceedings 9 Division 2—Advisory committee 9 35N. Advisory committee 9 Division 3—Polls 10
35O. Who can vote in a poll? 10 35P. When can a poll be conducted? 10 35Q. Voting at poll to be by postal ballot 11 35R. Form of ballot papers 12
i
Section Page
35S. Each voter is only entitled to one vote 12 35T. Conduct of postal vote 12
35U. Scrutineers 12
35V. Recount of votes 13
35W. What is needed for a poll to be carried? 13
35X. Notice of results 13 35Y. Application of Local Government Act 1989 14 35Z. Authority to have regard to result of poll 14
5. Docklands area 14 6. Role of Authority 15 7. Delegation 15 8. Charges 15 9. Docklands area not part of municipal district 15 10. General Fund 16 11. Release of information 16 12. Service of documents 16 13. New section 51A inserted 16 51A. Inspectors 16 14. By-laws 17 15. Regulations 17 16. Section 57 repealed 18 17. New Part 7 inserted 18 PART 7—TRANSITIONAL 18
57. Docklands area 18 58. Docklands area severed from municipal district of Melbourne City Council 18 59. Planning scheme to continue to apply to area 18 60. Sewers and drains 19 61. Roads 20 62. Rates 20 63. Transitional orders 20 64. Voters' roll 21
Division 2—Amendments to other Acts 21
18. City of Melbourne Act 1993 21 19. Emergency Management Act 1986 22 20. Environment Protection Act 1970 22 21. Melbourne City Link Act 1995 23 22. Melbourne and Metropolitan Board of Works Act 1958 24 23. Metropolitan Fire Brigades Act 1958 24 24. Public Holidays Act 1993 25 25. Victoria Grants Commission Act 1976 25
PART 3—MELTON 27
ii
Section Page
26. Insertion of Part 12 27 PART 12—PROVISIONS APPLYING TO THE MELTON SHIRE COUNCIL 27 Division 1—Definitions 27 244. Definitions 27 Division 2—The holding of the first Poll 27
245. Minister may fix date for poll 27 246. What is needed for poll to be carried 28 247. Commissioners to continue if poll carried 28 Division 3—Further Polls on Form of Council
Administration 30
248. Application of this Division 30 249. Further poll to be held in 2001 30 250. Further polls 30 251. Fixing of poll question 31 252. What is needed for poll to be carried 31 253. Holding of general election if poll carried 31 254. Automatic extension of term of office of Commissioners 32 255. Future elections 32
Division 4—Conduct of Polls under this Part 32
256. Voting at poll to be compulsory 32 257. Voting at poll to be by postal voting 32 258. Application of other provisions of this Act 33 259. Form of ballot papers 33 260. Each voter to have one vote 33
261. Scrutineers 34
262. Recount of votes 34 263. Notice of results 35
Division 5—Expiry of this Part 35
264. When Part ceases to apply 35
═══════════════
NOTES 36
iii
Victoria
No. 86 of 1998
Local Government (Governance and
Melton) Act 1998†
[Assented to 17 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Docklands Authority Act 1991 to give the Docklands Authority the powers of a municipal council in respect of the docklands area; and
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 2
(b)
to amend the City of Melbourne Act 1993 to excise the docklands area from the municipal district of the Melbourne City Council; and
(c)
to amend the Local Government Act 1989 to enable the residents and ratepayers of the Shire of Melton to choose how their Council is to be administered; and
(d)
to make consequential amendments to other Acts.
2. Commencement
(1) This Part, Part 3 and section 13 come into
operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1999, it comes into operation on that day.
_______________
Local Government (Governance and Melton) Act 1998
| s. 3 | Act No. 86/1998 |
PART 2—DOCKLANDS AREA
Division 1—Docklands Authority Act 1991
3. Definitions
In section 3 of the Docklands Authority Act
1991 insert—' "municipal functions" means—
(a) duties, responsibilities, liabilities and
any functions, authorities, powers, Authority by or under Part 3A or Part 7; and
(b) duties, responsibilities, liabilities and
any functions, authorities, powers, or imposed on the Authority by or under any other Act;
"public notice" means a notice published in a newspaper generally circulating in Victoria;
"voter" means a person who is enrolled on a
voters' roll for the docklands area;'.
4. New Part 3A inserted
After Part 3 of the Docklands Authority Act
1991 insert—
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 4 'PART 3A—MUNICIPAL FUNCTIONS OF
AUTHORITY
Division 1—Municipal functions of Authority
35B. Docklands area is not a municipal district
35C. Authority to have functions of municipal Despite anything to the contrary in the Local does not form part of a municipal district. council (1) The Authority has and may exercise and discharge in relation to the docklands area—
(a) the functions of a municipal council specified in Schedule 1 of the Local Government Act 1989; and (b) the functions and powers of a municipal 225, 227, 227AA and 227A of the Local Government Act 1989; and
(c)
any other functions, authorities, powers, duties, responsibilities, liabilities and rights conferred or
imposed on a municipal council by or
under any Act other than the Local
Government Act 1989—as if the docklands area were its municipal
district.(2) The Authority may perform its municipal functions inside and outside the docklands area.
35D. Local laws
Local Government (Governance and Melton) Act 1998
| s. 4 | Act No. 86/1998 |
(1) The Authority may make local laws for or
with respect to any act matter or thing in
respect of its municipal functions.
(2) Part 5 and Schedule 8 of the Local
Government Act 1989 apply to a local law made under this section as if the Authority were a municipal council and the docklands area were its municipal district.
35E. Rates and charges
(1) Without limiting section 25, the Authority, with the prior approval of the Governor in Council, may, by resolution, levy rates or charges on the owners, occupiers or
licensees of properties or groups of
properties in the docklands area for the
carrying out of any of its municipalfunctions.
(2) A rate or charge under sub-section (1)—
(a)
may be different for different classes of properties;
(b)
may vary according to the value or size of land or the nature or extent of use of any service or facility;
(c)
may include minimum rates or charges or a scale of rates or charges;
(d)
need not relate directly to the cost of services or facilities provided;
(e) may be concessional rates or charges;
(f) may be waived in whole or in part on any conditions that the Authority determines. (3) Sub-sections (3) to (7) of section 25 and
section 26 apply to a rate or charge levied
under this section as if any reference in those
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 4 provisions to a charge were a reference to a
rate or charge under this section.
35F. Sewers and drains
(1) The following are vested in the Authority
and are under the management and control of
the Authority—
(a)
all public sewers and drains in the docklands area; and
(b)
all sewers and drains in and under roads in the docklands area; and
(c)
all works and materials relating to the sewers and drains referred to in paragraphs (a) and (b).
(2) Sections 199 to 201 of the Local
Government Act 1989 apply to the docklands area as if the Authority were a municipal council.
(3) This section does not apply to any sewers
and drains vested in a municipal council or a
Minister, the Crown or any public body.
(4) In this section "public body" means—
(a)
a body established by or under an Act for a public purpose; or
(b)
the holder of a licence under the Water Industry Act 1994.
35G. Roads and traffic
(1) A public highway which is located in the docklands area vests in fee simple in the Authority on becoming a public highway.
(2) Sections 203(2) and (3), 204, 205, 206, 207, 207A to 207F and 208 and Schedules 10 and 11 of the Local Government Act 1989
apply in respect of public highways, roads
Local Government (Governance and Melton) Act 1998
| s. 4 | Act No. 86/1998 |
(3) In this section "public highway" and and traffic in the docklands area as if the docklands area were its municipal district.
"road" have the same meanings as they
have in the Local Government Act 1989.35H. Authorised officers
(1) The Authority may appoint any person to be an authorised officer for the purposes of the administration and enforcement of—
(a) this Part and any regulations or local laws made under this Part; and (b) Authority exercises the functions or
any other law under which the respect of the docklands area.
(2) Sub-sections (2) to (8) of section 224 of the
Local Government Act 1989 apply in relation to an authorised officer appointed by the Authority as if the Authority were a municipal council and the docklands area were its municipal district.
(3) Section 224A of the Local Government Act
1989 applies in relation to local laws of the municipal council and any reference to an authorised officer were a reference to an authorised officer appointed by the Authority.
35I. Land information and notices
Sections 229 and 230 of the Local
Government Act 1989 and the regulations
made under those sections apply to the
Authority as if—
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 4
(a) the Authority were a municipal council and the docklands area were its municipal district; and (b) any reference to the Local reference to this Act; and
(c)
a reference to the Chief Executive Officer were a reference to the Authority; and
(d)
the Authority were the prescribed person for receipt of a notice of disposition of land.
35J. Indemnity
The Authority must indemnify and keep indemnified members of the Authority, members of staff of the Authority and any
person exercising any function or power on behalf of the Authority against all actions or claims (whether arising during or after the
term of office or employment of that
member) in respect of any act or thing done
or omitted to be done in good faith in the
exercise or purported exercise of any
municipal function conferred on theAuthority.
35K. Obstructing the Authority
A person must not obstruct the Authority or a member of staff of the Authority in the performance of any municipal function or of anything the Authority or member is empowered to do under any local law. Penalty: 10 penalty units.
35L. Compliance with requirements
Local Government (Governance and Melton) Act 1998
| s. 4 | Act No. 86/1998 |
Section 226 of the Local Government Act 1989 applies in respect of any requirement to carry out work made to an owner by the Authority under any Act, regulation or local law as if the Authority were a municipal council.
35M. Proceedings
Section 232 of the Local Government Act
1989 applies in respect of the Authority as ifthe Authority were a municipal council.
Division 2—Advisory committee
35N. Advisory committee
(1) The Authority may appoint any advisory
committee that the Authority considers
appropriate to advise it in relation to the
Authority's municipal functions.
(2) The Authority may appoint as members of an advisory committee—
(a) any persons it considers represents the businesses in the docklands area; and
(b)
any other persons that the Authority thinks fit.
(3) The Authority may do all or any of the
following—
(a)
determine or vary the functions of an advisory committee;
(b)
appoint a person to be chairperson of an advisory committee;
(c)
determine the terms and conditions of appointment of a chairperson or other member;
Local Government (Governance and Melton) Act 1998
s. 4
s. 4
Act No. 86/1998
(d)
at any time remove a chairperson or other member from office.
(4) A chairperson or other member of an
advisory committee is entitled to receive any travelling and other allowances that are fixed by the Authority for that member.
(5) Schedule 3 (but not the by-laws, or the
provisions about remuneration or
allowances) applies to the procedure of an
advisory committee as if it referred to an
advisory committee instead of the Authority.
(6) The Authority may at any time dissolve an advisory committee.
Division 3—Polls
35O. Who can vote in a poll?
(1) The Authority must prepare a voters' roll for
the docklands area which must contain the
prescribed particulars.
(2) Sections 11, 12, 13, 14, 15, 16, 17, 18, 19,
26 and 27 of the Local Government Act
1989 apply in relation to eligibility for
enrolment on the voters' roll and the
preparation of voters' lists and the voters' roll
for the docklands area for the purpose of this20, 21, 21A, 22, 23, 24(2), (4A) and (5), 25, provisions—
(a)
to a Council or the Chief Executive Officer were a reference to the Authority; and
(b)
to a municipal district or a ward were a reference to the docklands area.
35P. When can a poll be conducted?
Local Government (Governance and Melton) Act 1998
Act No. 86/1998
(1) The Authority may at any time conduct a
poll of voters on any proposition relating to
its municipal functions or to the future
municipal management of the docklands
area.
(2) The Authority must cause a poll to be
conducted if it receives a request for the poll
which complies with sub-section (3).
(3) A request for a poll must—
(a)
state the proposition to be put to the poll which must be a proposition relating to the Authority's municipal functions or to the future municipal management of the docklands area; and
(b)
be signed by not less than one-tenth of the voters on the voters' roll for the docklands area; and
(c) be in the prescribed form; and
(d) be accompanied by the prescribed fee.(4) The Authority must, by notice published in the Government Gazette, fix a date for the holding of the poll.
(5) The notice must set out—
(a) the proposition that is to be put to the poll; and (b) the last date on which postal ballots may be validly received; and (c) any further conditions and requirements the poll and the declaration of the result.
35Q. Voting at poll to be by postal ballot
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 4 All voting at a poll of voters under this
Division is to be by means of postal voting.
35R. Form of ballot papers
The ballot-papers to be used in a poll under this Division must—
(a)
contain the proposition to be put the poll; and
(b) be in the prescribed form.
35S. Each voter is only entitled to one vote
A voter is only entitled to one vote at a poll under this Division.
35T. Conduct of postal vote
The returning officer for a poll under this who is entitled to vote in the poll—
(a) a postal vote certificate or declaration;
(b) a ballot paper for postal voting;
(c)
a prepaid envelope for the return of the certificate and ballot paper;
(d) instructions on how to vote;
(e)
notice of how and by when the ballot paper must be returned;
(f)
any document prescribed for the purposes of this paragraph;
(g)
any other material that the returning officer thinks is appropriate.
35U. Scrutineers
(1) The following may appoint a scrutineer for a poll under this Division—
Local Government (Governance and Melton) Act 1998
| s. 4 | Act No. 86/1998 |
(a) 3 or more voters who declare in writing to the Authority that they are in favour of the proposition; and (b) 3 or more voters who declare in writing to the Authority that they are not in favour of the proposition. (2) The form for the appointment of a scrutineer for a poll under this Division must—
(a)
be signed by the people making the appointment; and
(b)
be accompanied by a copy of any declaration made for the purposes of sub-section (1).
35V. Recount of votes
At any time before the public declaration of the results of a poll under this Division, the returning officer may, if he or she considers it appropriate to do so, open any sealed
parcel containing ballot-papers and recount
the ballot-papers.
35W. What is needed for a poll to be carried?
A poll under this Division is carried if—
(a)
the number of valid votes recorded is not less than one-third of the number of votes on the voters' roll; and
(b)
a majority of the valid votes recorded are in favour of the proposition.
35X. Notice of results
The returning officer must, as soon as practicable after the results of a poll under this Division are known—
(a) publicly declare those results; and
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 5
(b) notify the Authority, and give public notice, of— (i) the number of voters on the voters' roll for the docklands area; and
(ii) the results of the poll.
35Y. Application of Local Government Act 1989
Sections 43, 51, 54(1), 55, 58, 58A, 59, 60 and 61 of the Local Government Act 1989 and clauses 1, 2 and 4 of Schedule 2 and clauses 1, 2, 12, 14 and 15 of Schedule 3 to the Local Government Act 1989 apply to polls under this Division as if any reference in those provisions—
(a)
to a Council or the Chief Executive Officer were a reference to the Authority; and
(b)
to a ward or municipal district were a reference to the docklands area; and
(c) to an election were a reference to a poll.
35Z. Authority to have regard to result of poll
The Authority must have regard to the result
of a relevant poll conducted under thisDivision—
(a) in making a decision in relation to a municipal function; or (b)
in making a recommendation to the management of the docklands area.'.
5. Docklands area
In section 4 of the Docklands Authority Act
1991—
(a) sub-section (3A) is repealed; and
Local Government (Governance and Melton) Act 1998
| s. 6 | Act No. 86/1998 |
(b) in sub-section (5)(a) after "municipal
district" insert "(including the municipal district of the Melbourne City Council)".
6. Role of Authority
In section 6(3) of the Docklands Authority Act
1991—
(a)
in paragraph (a) after "property" insert "(except property vested in it under Part 3A or Part 7)"; and
(b)
in paragraph (b)(i) after "land" insert "(except anything done in the course of its municipal functions)".
7. Delegation
In section 13(1) of the Docklands Authority Act 1991 for "sections 25 and 54" substitute "sections 25, 35D, 35E and 54".
8. Charges
(1) In section 25(1)(a) of the Docklands Authority Act 1991 omit "water, gas, electricity, sewerage, drainage,".
(2) In section 25 of the Docklands Authority Act
1991, for sub-section (6) substitute—
"(6) A charge which is levied in relation to land
and is unpaid and any unpaid interest on that relation to that charge or interest are a first charge on the land.".
charge and any costs awarded to the
9. Docklands area not part of municipal district
In section 32(1) of the Docklands Authority Act
1991, paragraph (b) is repealed.
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 10
10. General Fund
After section 36(3)(a) of the Docklands
Authority Act 1991 insert—
"(aa) in relation to its municipal functions, for anypurpose for which a council can apply money under section 136 of the Local Government Act 1989;".
11. Release of information
At the end of section 45 of the Docklands
Authority Act 1991 insert—
"(2) A document relating to the municipalfunctions of the Authority is not an exempt document under section 38 of the Freedom of Information Act 1982.".
12. Service of documents
After section 50(4) of the Docklands Authority
Act 1991 insert—
"(5) A statutory declaration by a person who hasserved or given a document to or on behalf of the Authority stating the manner, place, date and time the document was served or given is evidence of the document having been served or given.".
13. New section 51A inserted
After section 51 of the Docklands Authority Act
1991 insert—
"51A. Inspectors
(1) Without limiting the powers under section 223B of the Local Government Act 1989, an inspector of municipal administration
may examine or investigate—
(a)
any voters' roll or voters' list relating to the docklands area;
Local Government (Governance and Melton) Act 1998
| s. 14 | Act No. 86/1998 |
(b) property, income, assets, rights,
liabilities or expenses of or other
matters relating to the Melbourne City
Council and the municipal district ofany act, matter or thing concerning the be examined or investigated or necessary or convenient to be examined or investigated for the purposes of Part 3A or an order under section 63.
(2) Section 132 and sub-sections (2) to (6) of
section 223B of the Local Government Act 1989 apply in relation to any examination or investigation referred to in sub-section (1) of this section.
(3) An inspector of municipal administration, at
the direction of the Minister, must make
available to the Authority any information
and copies of any documents discovered by
or provided to the inspector in the course of
an examination or investigation under this
section.".
14. By-laws
In section 54(1) of the Docklands Authority Act
1991, paragraphs (e), (g) and (i) are repealed.
15. Regulations
After section 56(1) of the Docklands Authority
Act 1991 insert—
"(1A) The Governor in Council may make
regulations for or with respect to—
(a)
any matter relating to the enrolment and preparation of voters' rolls under Part 3A or to the holding of a poll under that Part;
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 16
(b) prescribing any matter or thing or necessary or convenient to be prescribed for carrying this Act into effect.".
16. Section 57 repealed
Section 57 of the Docklands Authority Act 1991 is repealed.
17. New Part 7 inserted
After Part 6 of the Docklands Authority Act
1991 insert—
'PART 7—TRANSITIONAL
57. Docklands area
In this Part—
"commencement day" means the date ofcommencement of section 17 of the
Local Government (Governance and
Melton) Act 1998;
58. Docklands area severed from municipal district of Melbourne City Council
(1) On the commencement day, the land in the
docklands area is severed from the municipal
district of the Melbourne City Council.
(2) The alteration of the municipal district of the
Melbourne City Council under sub-section
(1) does not constitute a reconstitution of the
Melbourne City Council.
59. Planning scheme to continue to apply to area
Local Government (Governance and Melton) Act 1998
| s. 17 | Act No. 86/1998 |
Despite section 58 and anything to the
contrary in the Planning and EnvironmentAct 1987—
(a) any planning scheme in force in the docklands area immediately before the commencement day continues to have the same operation and effect and may be amended from time to time as if the docklands area had not been severed from the municipal district of the Melbourne City Council; and (b) no act, matter or thing under the planning scheme or the Planning and Environment Act 1987 is in any way abated or affected because the docklands area has been so severed; and (c) continuing nature may be continued
any such act matter or thing of a docklands area had not been so severed.
60. Sewers and drains
On the commencement day—(a)
all public sewers and drains in the docklands area; and
(b)
all sewers and drains in and under roads in the docklands area; and
(c)
all works and materials relating to the sewers and drains referred to in paragraphs (a) and (b)—
vested in the Melbourne City Council under
section 198 of the Local Government Act
1989 are divested from the Melbourne City
Council and are vested in the Authority and
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 17 are under the management and control of the
Authority.
61. Roads
(1) On the commencement day all public
highways in the docklands area vested in fee
simple in the Melbourne City Council are
divested from the Melbourne City Council
and are vested in fee simple in the Authority.(2) In this section "public highway" has the
same meaning as it has in the Local
Government Act 1989.
62. Rates Government Act 1989, a person is liable to pay any rates or charges declared by the Melbourne City Council under that Act before the commencement day in respect of land in the docklands area as if the land in the docklands area were still part of the municipal district of the Melbourne City Council.
63. Transitional orders
(1) The Governor in Council, on therecommendation of the Minister, may by order provide for any matter necessary or convenient to give effect to the severance of
the docklands area from the municipal district of the Melbourne City Council.
(2) Without limiting the generality of sub-
section (1), an order may provide for—
(a) liabilities, expenses or other matters to
any property, income, assets, rights, adjusted or determined;
Local Government (Governance and Melton) Act 1998
| s. 18 | Act No. 86/1998 |
(b) the application, continuation,
amendment or revocation of existing
local laws;(c)
transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to the Melbourne City Council or the Docklands Authority.
(3) Sections 220S(1) and 220S(2) (except
paragraphs (h) to (j)) of the Local necessary modifications to an order made under this section.
(4) The Authority and the Melbourne City
Council must comply with any order made under this section.
64. Voters' roll Council to provide information to the Authority on any voters' roll which existed in relation to the docklands area immediately before the commencement day.'.
Division 2—Amendments to other Acts
18. City of Melbourne Act 1993
(1) In section 5(2) of the City of Melbourne Act
1993 after "sub-section (1)(b)" insert "(as varied
under sub-section (3))".(2) After section 5(2) of the City of Melbourne Act
1993 insert—
"(3) Despite sub-section (1), the municipal
district of the Melbourne City Council does
not include any area severed from the
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 19 municipal district under the Docklands
Authority Act 1991.".
19. Emergency Management Act 1986
After section 4(1) of the Emergency
Management Act 1986 insert—"(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if—
(a) a reference to a municipal district included a reference to the docklands area; and (b) included a reference to the Docklands
a reference to a municipal council Docklands Authority Act 1991.".
20. Environment Protection Act 1970
(1) After section 4(3A) of the Environment
Protection Act 1970 insert—
"(3B) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if—
(a)
the docklands area were a municipal district; and
(b)
the Docklands Authority established under the Docklands Authority Act 1991 were the municipal council; and
(c)
for the purposes of section 50I, the chief executive of the Docklands Authority were a councillor.".
(2) After section 50S(5) of the Environment
Protection Act 1970 insert—
"(6) For the purposes of this Division, the
docklands area within the meaning of the
Local Government (Governance and Melton) Act 1998
| s. 21 | Act No. 86/1998 |
Docklands Authority Act 1991 is deemed
to be a municipal district listed inSchedule C.".
21. Melbourne City Link Act 1995
(1) In section 58 of the Melbourne City Link Act
1995—
(a) the regulations under that Act" substitute
for "and the Local Government Act 1989 or regulations under that Act or the Docklands Authority Act 1991 or the regulations under that Act";
(b)
in paragraph (b) after "Council" insert "and the Docklands Authority".
(2) In section 62(1) of the Melbourne City Link Act
1995—
(a) after "Local Government Act 1989 or the regulations under that Act" insert "or the Docklands Authority Act 1991 or the regulations under that Act"; (b) in paragraph (b) after "Council" insert "and the Docklands Authority".
(3) After section 96(5) of the Melbourne City Link Act 1995 insert—
"(5A) Section 35E of the Docklands Authority
Act 1991 does not apply in respect of licensed land or leased land.".
(4) After section 103(3) of the Melbourne City Link
Act 1995 insert—
"(4) This section applies to the powers under the
Local Government Act 1989 which are conferred on the Docklands Authority under section 35G of the Docklands Authority
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 22 Act 1991 as if a reference in sub-sections (1)
and (2) to a Council were a reference to the
Docklands Authority.".
(5) After section 104(3) of the Melbourne City Link
Act 1995 insert—
"(4) This section applies to local laws made or to
be made by the Docklands Authority under
section 35D of the Docklands AuthorityAct 1991 as if—
(a) a reference in sub-section (1) to a Council were a reference to the Docklands Authority; and (b) a reference in sub-sections (1) and (3) to the Local Government Act 1989 were a reference to the Docklands Authority Act 1991.". 22. Melbourne and Metropolitan Board of Works Act 1958
In the Third Schedule to the Melbourne and
Metropolitan Board of Works Act 1958, after
paragraph (d) insert—"(e) the docklands area within the meaning of the
Docklands Authority Act 1991.".
23. Metropolitan Fire Brigades Act 1958
(1) After section 3(1) of the Metropolitan Fire
Brigades Act 1958 insert—
"(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if—
(a)
a reference to a municipal district included a reference to the docklands area; and
Local Government (Governance and Melton) Act 1998
| s. 24 | Act No. 86/1998 |
(b) included a reference to the Docklands
a reference to a municipal council Docklands Authority Act 1991.".
(2) After section 4(2) of the Metropolitan Fire
Brigades Act 1958 insert—
"(2A) The metropolitan fire district includes the docklands area within the meaning of the Docklands Authority Act 1991.".
24. Public Holidays Act 1993
After section 3(2) of the Public Holidays Act
1993 insert—
"(3) The docklands area within the meaning ofthe Docklands Authority Act 1991 is deemed to be a metropolitan municipal district under this Act.".
25. Victoria Grants Commission Act 1976
At the end of section 2 of the Victoria Grants
Commission Act 1976 insert—"(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if—
(a)
the docklands area were a municipal district; and
(b)
the Docklands Authority established under the Docklands Authority Act 1991 were the municipal council; and
(c)
for the purposes of section 15, a member or the chief executive of the Docklands Authority were a councillor.".
_______________
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 25
Local Government (Governance and Melton) Act 1998
| s. 26 | Act No. 86/1998 |
PART 3—MELTON
26. Insertion of Part 12
After section 243 of the Local Government Act
1989 insert—
'PART 12—PROVISIONS APPLYING TO THE
MELTON SHIRE COUNCIL
Division 1—Definitions
244. Definitions
In this Part—
"Commissioners" means people appointedto administer the Council;
"Council" means the Melton Shire Council.
Division 2—The holding of the first Poll
245. Minister may fix date for poll
(1) The Minister may, by notice published in the
Government Gazette, fix a date for the holding of a poll to determine the views of the voters of Melton as to whether the Council should continue to be administered by Commissioners.
(2) If the Minister fixes a date for the holding of
such a poll, the notice fixing the date must also set out the question or proposition that is to be put at the poll.
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 26 246. What is needed for poll to be carried A poll under this Division is carried if—
(a)
the number of valid votes recorded is not less than half of the number of voters on the voters' roll; and
(b)
a majority of the valid votes recorded are in favour of the Council continuing to be administered by Commissioners.
247. Commissioners to continue if poll carried
(1) If a poll under this Division is carried—
(a)
the Governor in Council may continue to appoint Commissioners;
(b)
any order made under Part 10C that applied to the Council immediately before the poll was carried continues to
apply to the Council, except to the
extent that it is inconsistent with any
provision of this Part;(c)
a Commissioner is to be appointed for a term of up to 3 years;
(d)
if the office of a Commissioner becomes vacant, the person appointed to fill the vacancy is to be appointed for the balance of the former Commissioner's term of office;
(e)
a Commissioner may be reappointed on the expiry of her or his term of office.
(2) Subject to this section, the Commissioners—
(a)
are deemed to be the Councillors of the Council and together to constitute the Council as Councillors; and
(b)
have and may exercise and discharge the responsibilities, liabilities, rights,
Local Government (Governance and Melton) Act 1998
| s. 26 | Act No. 86/1998 |
| powers, authorities, duties and functions conferred or imposed on— |
(i) the Council by or under any Act;
(ii) Councillors generally or on the under any Act.
(3) While the Council continues to be
administered by the Commissioners—
(a)
the following provisions do not apply to the Council—sections 10 and 28 to 30, Divisions 4, 5 and 6 of Part 3,
sections 63, 67, 68, 68A, 69 to 75, 219
and 242(1)(b);(b)
sections 66, 76 to 81, 85 to 87, 90, 92, 114, 126, 133, 134, 193, clause 15(3) of Schedule 2 and clause 20(h) of Schedule 12 apply as if a reference to a Councillor in those sections was a reference to a Commissioner;
(c)
section 84(1) is to be read as if a reference to "The Mayor or at least 3 Councillors" was a reference to a single Commissioner;
(d)
section 90(2) is to be read as if it did not contain a reference to section 71(1);
(e)
sections 153B(4B) and (4C) and 208G(3B) and (3C) are to be read as if a reference to "2 Councillors" was a reference to the Chairperson of the Commissioners;
(f) section 220 is to be read as if—
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 26 (i) C was defined as the number of Councillors the Council will have after its next general election; and
(ii) a reference to "each Councillor" was a reference to one of those Councillors;
(g)
a reference to the Mayor of the Council in any Act (other than this Act), regulation, rule, by-law, local law, instrument or document is deemed to a reference to the Chairperson of the Commissioners;
(h)
any reference to an obligation to hold an election in respect of the Council or a Councillor has no effect.
Division 3—Further Polls on Form of Council
Administration
248. Application of this Division under Division 2.
249. Further poll to be held in 2001 2001 to determine the views of the voters of Melton as to whether the Council should continue to be administered by Commissioners.
250. Further polls carried, the Council must conduct a poll in every third October after October 2001 until this Part (other than section 255) ceases to apply to determine the views of the voters of Melton as to whether the Council should
Local Government (Governance and Melton) Act 1998
| s. 26 | Act No. 86/1998 |
continue to be administered by
Commissioners.
251. Fixing of poll question
(1) In this section "poll date" means the last
date on which postal ballots for a poll may
validly be received.
(2) Within 3 working days of fixing the poll date for a poll required by section 249 or 250, the Council must notify the Minister in writing
of that date.
(3) As soon as is practicable after receiving such
a notice, the Minister must, by notice
published in the Government Gazette, fix the
question or proposition that is to be put at the
poll.
252. What is needed for poll to be carried A poll under this Division is carried if—
(a)
the number of valid votes recorded is not less than half of the number of voters on the voters' roll; and
(b)
a majority of the valid votes recorded are not in favour of the Council continuing to be administered by Commissioners.
253. Holding of general election if poll carried
(1) If a poll under this Division is carried—
(a)
a general election of Councillors for the Council must be held on the third Saturday in March in the year after the year in which the poll was carried; and
(b)
the Council is deemed to have decided to hold triennial elections and to have complied with section 35(2).
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 26 (2) If the third Saturday in March in an election year is Easter Saturday, the general election of Councillors is to be held on the second
Saturday in March in that year.
(3) The Chief Executive Officer must summon a
meeting of the Council within 14 days after the day the returning officer for the election publicly declares the result of the election.
(4) The Commissioners go out of office when that meeting of the Council starts.
254. Automatic extension of term of office of Commissioners
If a poll is carried under this Division during the term of office of a Commissioner, the Commissioner is deemed to have been appointed to a term of office that ends at the start of the meeting of the Council called under section 253(3).
255. Future elections required by section 253(1) had been held under section 36(1).
Division 4—Conduct of Polls under this Part
256. Voting at poll to be compulsory section to an "election in respect of the ward in which his or her principal place of residence is located" was a reference to a poll under this Part.
257. Voting at poll to be by postal voting
(1) All voting at a poll under this Part is to be by means of postal voting.
Local Government (Governance and Melton) Act 1998
| s. 26 | Act No. 86/1998 |
(2) Section 41A(2) applies to polls under this Part as if the Council had made a decision that all voting at the poll was to be by means
of postal voting.
(3) In addition to the items listed in section
41A(2)(b), the returning officer must also
send or deliver to each voter under that
section any material that the Minister, by
notice in the Government Gazette, declaresis to be sent or delivered to each voter.
258. Application of other provisions of this Act
(1) Part 6 of Schedule 3 does not apply to polls
under this Part.
(2) Sections 54(1) and (2) and 55(1) apply as if a
reference in those provisions to an election
was a reference to a poll under this Part.
(3) Subject to anything to the contrary in this Part, the provisions of this Act (other than sections 40A, 40B, and 44 to 49) and the
regulations dealing with enrolment for, and voting at, Council elections and the election of Councillors apply to polls under this Part with any alterations or adaptations that are
necessary.
259. Form of ballot papers this Part must—
(a)
contain the question or proposition fixed by the Minister for the poll; and
(b)
be in the form specified by the Minister by notice published in the Government Gazette.
260. Each voter to have one vote
Local Government (Governance and Melton) Act 1998
Act No. 86/1998 s. 26 A voter is only entitled to 1 vote at a poll under this Part.
261. Scrutineers
(1) The following may appoint a scrutineer—
(a) for a poll under Division 2—
(i) 3 or more voters who declare in writing that they are in favour of the Council continuing to be
administered by Commissioners;
and(ii) 3 or more voters who declare in writing that they are not in favour of the Council continuing to be administered by Commissioners.
(b) for a poll under Division 3—
(i) 3 or more people who signed the request for the poll; and
(ii) 3 or more voters who declare in writing that they are in favour of the Council continuing to be
administered by Commissioners.
(2) The form for the appointment of a scrutineer for a poll under this Part must—
(a) be signed by the people making the appointment; and (b) be accompanied by a copy of any declaration made for the purposes of sub-clause (1)(a) or (1)(b)(ii). (3) In this section a reference to a voter is a
reference to a person who is on the Council's
voters' roll.
262. Recount of votes
Local Government (Governance and Melton) Act 1998
| s. 26 | Act No. 86/1998 |
At any time before the public declaration of the results of a poll under this Part, the returning officer may, if she or he considers it appropriate to do so, open any sealed parcel containing ballot-papers and recount the ballot-papers.
263. Notice of results practicable after the results of a poll under this Part are known—
(a) publicly declare those results; and
(b) notify the Minister and the Council, and give public notice, of— (i) the number of voters on the voters' roll; and
(ii) the results of the poll.
Division 5—Expiry of this Part
264. When Part ceases to apply apply at the start of the meeting of the Council called under section 253(3).'.
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Local Government (Governance and Melton) Act 1998
Act No. 86/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 8 October 1998
Legislative Council: 10 November 1998
The long title for the Bill for this Act was "to amend the Docklands
Authority Act 1991, the Local Government Act 1989 and the City ofMelbourne Act 1993 and other Acts and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 30 October 1998
Legislative Council: 12 November 1998
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