Local Government (Planning and Reporting) Amendment Regulations 2022 (Vic)

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Local Government (Planning and Reporting) Amendment Regulations 2022

S.R. No. 126/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective of Principal Regulations

6Definitions

7Other information to be included

8New regulation 11A inserted

9Performance results

10Schedule 1 amended

11Schedule 2 amended

12Schedule 3 amended

13New Schedule 4 inserted

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Endnotes

statutory rules 2022

S.R. No. 126/2022

Local Government Act 2020

Local Government (Planning and Reporting) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 25 October 2022

Responsible Minister:

MELISSA HORNE
Minister for Local Government

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (Planning and Reporting) Regulations 2020—

(a)to update the performance indicators and measures to be included in the annual report of a Council; and

(b)to require certain performance indicators and measures to be included in the budget of a Council; and

(c)to require Councils to set targets for certain performance indicators and measures and to publish results expected in relation to those indicators and measures; and

(d)to prescribe further matters to be included in the governance and management checklist in an annual report; and

(e)to prescribe the form of a performance statement to be included in an annual report; and

(f)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 325 of the Local Government Act 2020.

3Commencement

(1)These Regulations (except regulations 5, 6, 8, 9, 10, 11 and 12) come into operation on 1 January 2023.

(2)Regulations 5, 6, 8, 9, 10, 11 and 12 come into operation on 1 July 2023.

4Principal Regulations

In these Regulations, the Local Government (Planning and Reporting) Regulations 2020[1] are called the Principal Regulations.

5Objective of Principal Regulations

In regulation 1(b) of the Principal Regulations, for "indicators and measures" substitute "indicators, measures and targets".

6Definitions

In regulation 4 of the Principal Regulations—

(a)insert the following definition—

"Local Government Model Sector Performance Report means the Local Government Model Sector Performance Report published by the Department from time to time on the Department's Internet site;";

(b)the definition of active library borrower is revoked.

7Other information to be included

(1)In regulation 8(3)(b) of the Principal Regulations, for "(d) and (e)." substitute "(d), (e) and (ea).".

(2)After regulation 8(4)(e) of the Principal Regulations insert

"(ea)the performance indicators and measures set out in Schedule 4 and results expected by the Council in relation to those indicators and measures;".

8New regulation 11A inserted

After regulation 11 of the Principal Regulations insert

11AForm of performance statement "

For the purposes of section 98(4) of the Act, the performance statement must be in the form set out in the Local Government Model Sector Performance Report.".

9Performance results

(1)In regulation 12(e) of the Principal Regulations, for "(b)." substitute "(b);".

(2)After regulation 12(e) of the Principal Regulations insert

"(f)targets in relation to the performance indicators and measures set out in—

(i)items 1, 2, 3 and 5 of the table in Part 2 of Schedule 3; and

(ii)items 2(a), 3(c), 4(a) and 5(a) of the table in Part 3 of Schedule 3;

(g)the results expected to be achieved, for the subsequent 3 financial years after the budget year, in relation to the performance indicators and measures referred to in paragraph (f).".

10Schedule 1 amended

(1)For item 9 of the table in Schedule 1 to the Principal Regulations substitute

"9  Municipal emergency management planning (participation in meetings of the Municipal Emergency Management Planning Committee)

Municipal Emergency Management Planning Committee (MEMPC) meetings attended by one or more representatives of Council (other than the chairperson of the MEMPC) during the financial year      

Dates of MEMPC meetings attended:

OR

No MEMPC meetings
attended  

Reason for not attending:".

(2)After item 12 of the table in Schedule 1 to the Principal Regulations insert

"12A   Complaint policy (policy under section 107 of the Act outlining Council's commitment and approach to managing complaints)

Developed in accordance with section 107 of the Act

Date of commencement of current policy:

OR

Not developed in accordance with section 107 of the Act

Reason for not developing:

12B    Workforce plan (plan under section 46 of the Act outlining Council's commitment and approach to planning for current and future workforce requirements)

Developed in accordance with section 46 of the Act

Date of commencement of current plan:

OR

Not developed in accordance with section 46 of the Act

Reason for not developing:

12C    Payment of rates and charges hardship policy (policy outlining Council's commitment and approach to assisting ratepayers who are experiencing financial hardship or difficulty paying their rates)

Policy  

Date of commencement of current policy:

OR

No policy  

Reason for no policy:".

11Schedule 2 amended

(1)In Schedule 2 to the Principal Regulations—

(a)insert the following definition—

"required number of food samples means the number of food samples that must be obtained and submitted for analysis by a Council, as specified in a declaration made under section 32A of the Food Act 1984 and published in the Government Gazette.";

(b)in the definition of relevant required time, for "Act." substitute "Act;".

(2)For item 4 of the table in Schedule 2 to the Principal Regulations substitute

"4 Libraries

Indicator Measure
(a)  Utilisation (library services are well utilised)

Loans per head of population (number of library collection item loans per head of population)

Number of library collection item loans
Population
(b)  Resource currency (libraries have new resources available to members)

Recently purchased library collection (percentage of the library collection that has been purchased in the last 5 years)

Number of library collection items purchased in the last 5 years
× 100
Number of library collection items
(c)  Service cost (delivery of library services is undertaken in a cost-efficient manner)

Cost of library service (direct cost of the library service per head of population)

Direct cost of the library service
Population
(d)  Participation (library resources are free, accessible and well utilised)

Library membership (percentage of the population that are registered library members)

Number of registered library members × 100
Population

Library visits per head of population (number of library visits per head of population)

Number of library visits
Population

".

(3)In the heading to item 5 of the table in Schedule 2 to the Principal Regulations, for "Waste collection" substitute "Waste management".

(4)Item 5(a) of the table in Schedule 2 to the Principal Regulations is revoked.

(5)For item 7(b) of the table in Schedule 2 to the Principal Regulations substitute

"(b)   Service standard (Councils register all animals in the municipal district in accordance with the Domestic Animals Act 1994)

Animals reclaimed (percentage of collected registrable animals under the Domestic Animals Act 1994 reclaimed)

Number of animals reclaimed × 100
Number of animals collected

Animals rehomed (percentage of collected registrable animals under the Domestic Animals Act 1994 that are not reclaimed but are rehomed)

Number of unclaimed collected animals rehomed × 100".
Number of unclaimed collected animals

(6)For item 8(b) of the table in Schedule 2 to the Principal Regulations substitute

"(b)   Service standard (food safety service is provided in accordance with legislative requirements)

Food safety assessments (percentage of registered class 1 food premises and class 2 food premises that receive an annual food safety assessment)

Number of registered class 1 food premises and class 2 food premises that receive an annual food safety assessment in accordance with the Food Act 1984 × 100
Number of registered class 1 food premises and class 2 food premises that require an annual food safety assessment in accordance with the Food Act 1984

Food safety samples (percentage of food samples obtained per required number of food samples)

Number of food samples obtained ×100
Required number of food samples




× 100".

12Schedule 3 amended

(1)In Schedule 3 to the Principal Regulations, for "Regulation 11" substitute "Regulations 11 and 12".

(2)In Part 1 of Schedule 3 to the Principal Regulations, after "In this Schedule" insert "and in Schedule 4".

(3)For items 1 to 5 of the table in Part 2 of Schedule 3 to the Principal Regulations substitute

"1 Governance

Indicator

Measure

Consultation and engagement (Council decisions made and implemented with community input)

Satisfaction with community consultation and engagement (community satisfaction rating out of 100 with the consultation and engagement efforts of Council)

Community satisfaction rating out of 100 with how Council has performed on community consultation and engagement

2  Statutory planning

Indicator Measure
Service standard (planning application processing and decisions are in accordance with legislative requirements)

Planning applications decided within the relevant required time (percentage of planning application decisions made within the relevant required time)

 Number of planning application decisions made within the relevant required time × 100
Number of planning application decisions made

3  Roads

Indicator Measure
Condition (sealed local roads are maintained at the adopted condition standard)

Sealed local roads below the intervention level (percentage of sealed local roads that are below the renewal intervention level set by Council and not requiring renewal)

Number of kilometres of sealed local roads below the renewal intervention level set by Council × 100
Kilometres of sealed local roads

4  Libraries

Indicator Measure
Participation (library resources are free, accessible and well utilised)

Library membership (percentage of the population that are registered library members)

Number of registered library members × 100
Population

5  Waste management

Indicator Measure
Waste diversion (amount of waste diverted from landfill is maximised)

Kerbside collection waste diverted from landfill (percentage of recyclables and green organics collected from kerbside bins that is diverted from landfill)

Weight of recyclables and green organics collected from kerbside bins × 100
Weight of garbage, recyclables and green organics collected from kerbside bins

".

(4)For item 5(b) of the table in Part 3 of Schedule 3 to the Principal Regulations substitute

"(b)   Revenue level (resources are used efficiently in the delivery of services)

Average rate per property assessment (general rates and municipal charges per property assessment)

Sum of all general rates and municipal charges

Number of property assessments".

13New Schedule 4 inserted

After Schedule 3 to the Principal Regulations insert

"Schedule 4—Budget—Performance indicators

Regulation 8

1  Governance

Indicator Measure
Consultation and engagement (Council decisions made and implemented with community input)

Satisfaction with community consultation and engagement (community satisfaction rating out of 100 with the consultation and engagement efforts of Council)

Community satisfaction rating out of 100 with how Council has performed on community consultation and engagement

2  Statutory planning

Indicator Measure

Service standard (planning application processing and decisions are in accordance with legislative requirements)

Planning applications decided within the relevant required time (percentage of planning application decisions made within the relevant required time)

Number of planning application decisions made within the relevant required time × 100
Number of planning application decisions made

3  Roads

Indicator Measure
Condition (sealed local roads are maintained at the adopted condition standard)

Sealed local roads below the intervention level (percentage of sealed local roads that are below the renewal intervention level set by Council and not requiring renewal)

Number of kilometres of sealed local roads below the renewal intervention level set by Council × 100
Kilometres of sealed local roads

4  Waste management

Indicator Measure
Waste diversion (amount of waste diverted from landfill is maximised)

Kerbside collection waste diverted from landfill (percentage of recyclables and green organics collected from kerbside bins that is diverted from landfill)

Weight of recyclables and green organics collected from kerbside bins × 100
Weight of garbage, recyclables and green organics collected from kerbside bins

5  Efficiency

Indicator Measure
Expenditure level (resources are used efficiently in the delivery of services)

Expenses per property assessment (total expenses per property assessment)

Total expenses
Number of property assessments

6  Stability

Indicator Measure

Rates concentration (revenue is generated from a range of sources)

Rates compared to adjusted underlying revenue (rate revenue as a percentage of adjusted underlying revenue)

Rate revenue × 100
Adjusted underlying revenue

7  Liquidity

Indicator Measure
Working capital (sufficient working capital is available to pay bills as and when they fall due)

Current assets compared to current liabilities (current assets as a percentage of current liabilities)

Current assets × 100
Current liabilities

8  Obligations

Indicator Measure
Asset renewal (assets are renewed as planned)

Asset renewal compared to depreciation (asset renewal and upgrade expense as a percentage of depreciation)

Asset renewal and upgrade expense × 100
Asset depreciation

".

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Endnotes


[1] Reg. 4: S.R. No. 117/2020.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 6(a), which inserts the definition of Local Government Model Sector Performance Report in regulation 4 of the Local Government (Planning and Reporting) Regulations 2020, and regulation 8, which inserts new regulation 11A in the Local Government (Planning and Reporting) Regulations 2020 Local Government Model Sector Performance Report published by the Department, as amended from time to time The whole
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