Local Government Regulations Amendment Regulations 2022 (WA)
5074 GOVERNMENT GAZETTE, WA 2 November 2022
Local Government Act 1995
Local Government Regulations Amendment
Regulations 2022
SL 2022/177
Made by the Governor in Executive Council.
Part 1 Preliminary
1. Citation
These regulations are the Local Government Regulations
Amendment Regulations 2022.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette; (b) Part 2 (other than Division 3), Part 3 (other than Division 3), Part 4 (other than Division 3) and Part 5 (other than Division 3) — on the day on which the Emergency Management Amendment (Temporary
COVID-19 Provisions) Act 2022 section 7 comes into
operation;
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(c) the rest of the regulations on the day on which the Emergency Management Amendment (Temporary
COVID-19 Provisions) Act 2022 section 30 comes intooperation.
Part 2 - Local Government (Administration)
Regulations 1996 amended
Division 1 -Regulations amended
3. Regulations amended
This Part amends the Local Government (Administration)
Regulations 1996.
Division 2 - Amendment relating to Emergency Management
Act 2005 Part 6A
4. Regulation 3AA inserted
At the end of Part 1 insert:
3AA. References to state of emergency
If a COVID- 19 declaration is in force under the
Emergency Management Act 2005 Part 6A
(a)
for the purposes of regulations 14C, 14D and 14E, a state of emergency is taken to exist in the area to which the declaration applies; and
(b)
a reference in regulation 14C, 14D or 14E to a state of emergency (other than a reference to a
state of emergency existing) is taken to include a reference to the occurrence of COVID- 19 in
the area to which the declaration applies.
Division 3 - Amendment relating to deletion of Emergency Management Act 2005 Part 6A 5. Regulation 3AA deleted
Delete regulation 3AA.
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Part 3 - Local Government (Financial Management)
Regulations 1996 amended
Division 1 - Regulations amended 6. Regulations amended
This Part amends the Local Government (Financial
Management) Regulations 1996.
Division 2— Amendments relating to Emergency Management
Act 2005 Part 6A
7. Regulation 18 amended
In regulation 18:
(a) in paragraph (c)(iii) delete "made." and insert: made;
(b) after paragraph (c) insert: or
(d) where each of the following conditions is
satisfied
(i) money is made while there is in force a
COVID-19 declaration under thea decision to change the use of the Part 6A applying to the district, or part
of the district, of the local government; (ii) the local government considers that the change of use is required to address a need arising from the occurrence of COVID-19, or from the impact or consequences of the occurrence of COVID-19, in the area to which the COVID-19 declaration applies;
(iii) the decision and the reasons for it are recorded in the minutes of the meeting at which the decision is made.
2 November 2022 GOVERNMENT GAZETTE, WA 5077 8. Regulation 20 amended
After regulation 20(3) insert:
(4) A local government is not required to give local public
notice of a proposal to exercise a power to borrow
where each of the following conditions is satisfied
(a) a decision to exercise the power is made while there is in force a COVID- 19 declaration under the Emergency Management Act 2005 Part 6A applying to the district, or part of the district, of the local government;
(b)
the local government considers that the borrowing is required to address a need arising from the occurrence of COVID- 19, or from the impact or consequences of the occurrence of COVID-19, in the area to which the COVID-19 declaration applies;
(c)
the decision and the reasons for it are recorded in the minutes of the meeting at which the decision is made.
9. Regulation 21 amended
In regulation 21:
(a) in paragraph (c)(iii) delete "made." and insert: made;
(b)
after paragraph (c) insert: or
(d) where each of the following conditions is
satisfied
(i)
money is made while there is in force a
COVID-19 declaration under the
Emergency Management Act 2005a decision to change the use of the of the district, of the local government;
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(ii) the local government considers that the change of use is required to address a need arising from the occurrence of COVID-19, or from the impact or consequences of the occurrence of COVID-19, in the area to which the COVID-19 declaration applies;
(iii) the decision and the reasons for it are recorded in the minutes of the meeting at which the decision is made.
Division 3 - Amendments relating to deletion of Emergency
Management Act 2005 Part 6A
10. Regulation 18 amended
In regulation 18:
(a) in paragraph (c)(iii) delete "made;" and insert: made.
(b) after paragraph (c) delete "or"; (c) delete paragraph (d).
11. Regulation 20 amended
Delete regulation 20(4).
12. Regulation 21 amended
(1) In regulation 21:
(a) in paragraph (c)(iii) delete "made;" and insert: made.
(b) after paragraph (c) delete "or"; (c) delete paragraph (d).
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Part 4— Local Government (Functions and General)
Regulations 1996 amended
Division 1 - Regulations amended 13. Regulations amended
This Part amends the Local Government (Functions and
General) Regulations 1996.
Division 2— Amendments relating to Emergency Management
Act 2005 Part 6A
14. Regulation 11 amended
(1) In regulation 1 1(1A) insert in alphabetical order: COVID-19 declaration has the meaning given in the
Emergency Management Act 2005 section 77C( 1);
(2) In regulation 11(2):
(a) in paragraph (aa) delete "emergency; or" and insert: emergency or a COVID-19 declaration; or
(b)
in paragraph (ja)(iii) after "declaration" insert: or a COVID-19 declaration
(3) After regulation 11(3) insert: (4) For the purposes of subregulation (2)(aa) a supply of
goods or services is associated with a COVID-19
declaration if
(a) the contract for the supply is entered into while
there is in force a COVID-19 declaration
applying to the district, or part of the district, of
the local government; and
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(b) the local government considers that the goods
or services are required for the purposes of
addressing a need arising from the occurrence
of COVID-19, or from the impact or
consequences of the occurrence of COVID-19,
in the area to which the COVID- 19 declaration
relates.
Division 3 - Amendments relating to deletion of Emergency
Management Act 2005 Part 6A
15. Regulation 11 amended
(1) In regulation 1 l(1A) delete the definition of COVID-19
declaration.(2) In regulation 11(2):
(a) in paragraph (aa) delete "emergency or a COVID- 19 declaration; or" and insert: emergency; or
(b)
in paragraph (ja)(iii) delete "or a COVID- 19 declaration".
(3) Delete regulation 11(4).
Part 5— Local Government (Long Service Leave)
Regulations amended
Division 1 - Regulations amended 16. Regulations amended
This Part amends the Local Government (Long Service Leave)
Regulations.
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Division 2 — Amendments relating to Emergency Management
Act 2005 Part 6A
17. Regulation 4 amended
After regulation 4(da) insert:
(db) any period of absence from duty arising out of or in connection with the employer's response to the occurrence of COVID-19, or the impact or consequences of the occurrence of
COVID-19, in an area to which a COVID-19 declaration in force under the Emergency
Management Act 2005 Part 6A applies; and
18. Regulation 7A amended
In regulation 7A(2)(b) delete "section 56" and insert:
section 56, or a COVID-19 declaration under section 77C of
that Act,
Division 3 — Amendments relating to deletion of Emergency
Management Act 2005 Part 6A
19. Regulation 4 amended
Delete regulation 4(db).
20. Regulation 7A amended
In regulation 7A(2)(b) delete "section 56, or a COVID-19 declaration under section 77C of that Act," and insert:
section 56
V. MOLAN, Clerk of the Executive Council.
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