Local Government Regulations Amendment Regulations (No. 2) 2020 (WA)
6 November 2020 GOVERNMENT GAZETTE, WA 4139 LG301
Caravan Parks and Camping Grounds Act 1995 Control of Vehicles (Off-road Areas) Act 1978
Dog Act 1976
Local Government Act 1995
Local Government Regulations Amendment
Regulations (No. 2) 2020
SL 2020/213
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Local Government Regulations
Amendment Regulations (No. 2) 2020.2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Local Government Legislation Amendment Act 2019
sections 5, 13, 14, 16, 17, 20, 24, 57, 64, 65, 66, 68 and
74(1) and (2) and Part 4 come into operation.Part 2 — Caravan Parks and Cawing Grounds
Regulations 1997 amended
3. Regulations amended
This Part amends the Caravan Parks and Camping Grounds
Regulations 1997.4. Regulation 6 replaced
Delete regulation 6 and insert:
6. Performance of local government functions by
authorised personsA function conferred on a local government by these regulations may be performed by an authorised person appointed under the Local Government Act 1995 section 9.10(2) for the purposes of the Act or these regulations.
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5. Schedule 1 amended
(1) In Schedule 1 delete the List of Forms. (2) Delete the reference before the heading to Schedule 1 Form 1 and insert:
[r. 43, 46, 63, 64 and 68](3) In Schedule 1 Form 5:
(a) delete the passage that begins with "Department" and ends with "government]." and insert:
Department of Local Government, Sport and Cultural Industries.
(b)
delete ". Delete whichever is not applicable.". Part 3 — Control of Vehicles (Off-road Areas)
Regulations 1979 amended
6. Regulations amended
This Part amends the Control of Vehicles (Off-road Areas)
Regulations 1979.7. Regulation 14 amended
In regulation 14:
(a) delete "officer" and insert: person
(b) delete "he" and insert:
the authorised person Note: The heading to amended regulation 14 is to read:
Authorised person may seize and take possession of number plates
8. Regulation 36 amended
In regulation 36:
(a) delete "he is an authorised officer" and insert: the person is an authorised person
(b) delete "his" and insert: the person's
6 November 2020 GOVERNMENT GAZETTE, WA 4141
9. Regulation 37 amended
In regulation 37(a) delete "officer" and insert:person
Note: The heading to amended regulation 37 is to read:
Certificates of appointment and notices prohibiting use of
vehicles
10. First Schedule amended
In the First Schedule:
(a) in Form 3 delete "officer" (each occurrence) and insert: person
(b) in Form 4 delete "authorised officer" and insert: person authorised by the local government
(c) delete Form 5 and insert: Form 5
WESTERN AUSTRALIA
Control of Vehicles (Off-road Areas) Act 1978
CERTIFICATE OF APPOINTMENT OF AUTHORISED PERSON
[Photograph of This is to certify that
authorised [name of authorised person]
person] whose signature appears below has been appointed
by the Minister for Local Government as an
authorised person under the Control of Vehicles
(Off-road Areas) Act 1978, and that the area of
jurisdiction entrusted to the person under that Act isSignature (authorised person)
Signature (Minister for Local Government) Date
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(d) in Form 7 delete "officer" (each occurrence) and insert: person
Part 4—Dog Regulations 2013 amended
11. Regulations amended
This Part amends the Dog Regulations 2013.
12. Regulation 35 amended
Delete regulation 35(6) and insert:
(6) An authorised person who serves an infringement
notice under subregulation (1) cannot withdraw the
infringement notice on behalf of the local government
under subregulation (5).13. Schedule I Form I replaced
Delete Schedule I Form I and insert:
Form I
[r. 14]
Dog Act 1976 s. 11 (3)
Certificate of authorisation
(I)
This is to certify that (2)
[Photograph of
authorisedhas been appointed by the person]
to exercise the powers of a registration officer in accordance with the provisions
of the Dog Act 1976.
Signed
CEO of the
Signature of authorised person Date Insert:
name of local government;
(2) name of authorised person. Note: The heading to regulation 14 is to read: Certificates of authorisation
6 November 2020 GOVERNMENT GAZETTE, WA 4143 Part 5—Local Government (Administration)
Regulations 1996 amended
W. Regulations amended This Part amends the Local Government (Administration)
Regulations 1996.15. Part 1A inserted
After regulation 3 insert:
Part 1A Public notices
3A. Requirements for local public notice (Act s. 1.7) (1)
For the purposes of section 1.7(a), notice of a matter must be published on the local government's official website for -
(a)
the period specified in or under the Act in relation to the notice; or
(b)
if no period is specified in relation to the notice - a period of not less than 7 days.
(2)
For the purposes of section 1.7(b), each of the following ways of giving notice of a matter is prescribed -
(a) publication in a newspaper circulating generally
in the State;(b)
publication in a newspaper circulating generally in the district;
(c) publication in 1 or more newsletters circulating
generally in the district;publication on the official website of the
(d) Department or another State agency, as
appropriate having regard to the nature of the matter and the persons likely to be affected by it, for -
(i) the period specified in or under the Act in relation to the notice; or
circulation by the local government by email,
text message or similar electronic means, as
appropriate having regard to the nature of the
matter and the persons likely to be affected by
it;if no period is specified in relation to the 7 days; (ii)
(e)
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(1) exhibition on a notice board at the local
government offices and each local government
library in the district for -(i) the period specified in or under the Act in relation to the notice; or
posting on a social media account administered by the local government for - if no period is specified in relation to the 7 days; (ii)
(g)
(i) the period specified in or under the Act in relation to the notice; or
(ii) if no period is specified in relation to the 7 days.
Requirements for Statewide public notice
(Act s. 1.8)For the purposes of section 1.8, one of the ways in which Statewide public notice of a matter must be given is the way prescribed in regulation 3A(2)(a) or (d).
(2) If Statewide public notice of a matter is required to be
given by the Electoral Commissioner -
(a) regulation 3A(2)(e) applies in relation to the Electoral Commissioner as if the reference to circulation by the local government by email, text message or similar electronic means were a reference to circulation by the Electoral similar electronic means; and
(b) regulation 3A(2)(g) applies in relation to the Electoral Commissioner as if the reference to posting on a social media account administered
by the local government were a reference to
posting on a social media account administered
by the Electoral Commissioner.
16. Regulation 10 amended
Delete regulation 10(2) and insert:
(2) If a decision is made at a council or committee
meeting, any decision to revoke or change the decision
must be made by an absolute majority.
6 November 2020 GOVERNMENT GAZETTE, WA 4145 17. Regulation 11 amended
In regulation 11:
(a) in paragraph (f) delete "interest." and insert: interest; and
(b) after paragraph (1) insert:
(g) each document attached to an agenda relating to a council or committee meeting unless the meeting or that part of the meeting to which the document refers is closed to members of the public. 18. Regulations 12 and 13 replaced
Delete regulations 12 and 13 and insert:
12. Publication of meeting details (Acts. 5.25(l)(g))
(1) In this regulation -
meeting details, for a meeting, means the date and time
when, and the place where, the meeting is to be held.(2) The CEO must publish on the local government's
official website the meeting details for the following
meetings before the beginning of the year in which the
meetings are to be held -
(a) ordinary council meetings; (b)
committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the
public.
(3) Any change to the meeting details for a meeting
referred to in subregulation (2) must be published on
the local government's official website as soon as
practicable after the change is made.(4)
If a local government decides that a special meeting of the council is to be open to members of the public, the CEO must publish the meeting details for the meeting and the purpose of the meeting on the local
government's official website as soon as practicable
after the decision is made.
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13. Publication of unconfirmed minutes of meetings
(Act s. 5.25(1)(i))(1) The CEO must publish on the local government's
official website -
(a)
the unconfirmed minutes of each council and committee meeting that is open to members of the public; and
(b)
if a council or committee meeting is closed to members of the public - that part of the unconfirmed minutes of the meeting that is a record of decisions made at the meeting.
(2) The unconfirmed minutes of a council meeting must be
published within 14 days after the meeting is held.(3) The unconfirmed minutes of a committee meeting must
be published within 7 days after the meeting is held.19. Regulation 14 amended
(1) In regulation 14(1) after "public" insert: and published on the local government's official website (2) In regulation 14(2) delete "Nothing in subregulation (1) entitles
members of the public to inspect the information referred to in
that subregulation" and insert:Subregulation (1) does not apply 20. Regulations 19B and 19CA replaced
Delete regulations 19B and 1 9CA and insert:
19B. Information to be included in annual report
(Act s. 5.53(2)(g) and (i))(1) In this regulation -
remuneration has the meaning given in the Salaries
and Allowances Act 1975 section 4(1).(2) For the purposes of section 5.53(2)(g) and (i), the
annual report for a financial year beginning on or after
1 July 2020 must contain the following -
(a)
the number of employees of the local government entitled to an annual salary of $130 000 or more;
(b)
the number of employees of the local government entitled to an annual salary that
6 November 2020 GOVERNMENT GAZETTE, WA 4147 falls within each band of $10 000 over
$130 000;
(c) any remuneration and allowances paid by the local government under Schedule 5.1 clause 9 during the financial year; (d) any amount ordered under against whom a complaint was made under section 5.107(1), 5.109(1) or 5.114(1) to the local government during the financial year;
(e) the remuneration paid or provided to the CEO during the financial year; (1) the number of council and committee meetings
attended by each council member during the
financial year;(g) if available, the gender, linguistic background
and country of birth of council members;(h) if available, the number of council members
who are aged -(i) between 18 years and 24 years; and
(ii) between 25 years and 34 years; and
(iii) between 35 years and 44 years; and
(iv) between 45 years and 54 years; and
(v) between 55 years and 64 years; and
(vi) over the age of 64 years;
(i) if available, the number of council members
who identify as Aboriginal or Tones Strait
Islander;(j) details of any modification made to a local
government's strategic community plan duringthe financial year; (k) details of any significant modification made to
a local government's corporate business plan
during the financial year.
21. Regulation 19D replaced
Delete regulation 19D and insert:
19D. Public notice of adoption of strategic community
plan(1) If a strategic community plan is adopted, the CEO
must -
(a) give local public notice that the plan has been
adopted; and
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(b) publish the plan on the local government's
official website.
(2) If modifications to a strategic community plan are
adopted, the CEO must -
(a) give local public notice that modifications to the plan have been adopted; and (b) publish the modified plan on the local government's official website.
22. Regulation 29 amended
(1) Delete regulation 29(1)(baa) and (c). (2) Delete regulation 29(1)(d) and insert:
(d) all superseded versions of each policy of the
local government;
(3) Delete regulation 29(2) and (3). 23. Regulation 29A amended
Delete regulation 29A( 1).
24. Regulations 29C and 29D inserted
At the end of Part 7 insert:
29C. Information to be published on official website
(Act s. 5.96A(1)(i))(1) In this regulation -
annual return means a return required by section 5.76;
oversight entity means any of the following -
(a) the Corruption and Crime Commission Misconduct Act 2003;
(b) an Inquiry Panel; (c) the Public Sector Commissioner; (d) a Royal Commission; (e) the State Administrative Tribunal; prillialy return means a return required by
section 5.75.
(2) For the purposes of section 5.96A(l)(i), the following
information is prescribed -
(a) any adverse recommendation made by an
authorised person under section 8.13(2) and
provided to the local government in respect of
6 November 2020 4149 GOVERNMENT GAZETTE, WA
the local government, its council, a council
member or the CEO;
(b)
any adverse finding, recommendation or proposition made by an oversight entity and made available to the public in respect of the local government, its council, a council member or the CEO;
(c)
an up-to-date version of each policy of the local government;
(d)
the name of each council member who lodged a primary return or annual return for a financial year beginning on or after 1 July 2020;
(e)
the position of each employee who lodged a primary return or annual return for a financial year beginning on or after 1 July 2020;
(1) the type, and the amount or value, of any fees,
expenses or allowances paid to each council
member during a financial year beginning on or
after 1 July 2020.
(3) An adverse recommendation referred to in
subregulation (2)(a) must be published on the local
government's official website within 14 days after the
adverse recommendation is provided to the local
government.(4) An adverse finding, recommendation or proposition
referred to in subregulation (2)(b) must be published on
the local government's official website within 14 days
after the finding, recommendation or proposition is
made available to the public.(5) The information referred to in subregulation (2)(d)
and (e) must be published on the local government's
official website - (a)
if the return is lodged with the local government on or before 31 August immediately following the financial year to
which the return relates - on or before
14 September immediately following the end of
that financial year; or(b)
if the return is lodged with the local government after 31 August immediately following the financial year to which the return relates - within 14 days after the return is lodged with the local government.
(6)
The information referred to in subregulation (2)(f) must be published on the local government's official website on or before 14 July immediately following the end of
the financial year to which the information relates.
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29D. Period for which information to be kept on official
website (Act s. 5.96A(5))For the purposes of section 5.96A(5), a period of not less than 5 years, beginning on the day on which the information is first published on the local government's
official website, is prescribed for the following
information -
(a) the annual report; (b) the annual budget; (c) confirmed minutes of council and committee meetings; (d) minutes of electors' meetings; (e) information referred to in section 5 .96A( 1 )(h); (1) information referred to in regulation 29C(2).
25. Regulation 34B amended
(1) In regulation 3413(l) insert in alphabetical order: employee does not include the CEO;
(2) In regulation 34B(4)(d) delete "is an employee" and insert:
accepted the giftPart 6— Local Government (Elections)
Regulations 1997 amended
26. Regulations amended
This Part amends the Local Government (Elections) Regulations 1997.
27. Regulation 30G amended
After regulation 30G(4) insert:
(5) The CEO must publish an up-to-date version of the
electoral gift register on the local government's official
website.(6) The version of the electoral gift register published
under subregulation (5) must not include the address of
an individual included in a 'disclosure of gifts' form
and must instead include the town or suburb mentioned
in the address.Note: The heading to amended regulation 30G is to read: Electoral gift register
6 November 2020 GOVERNMENT GAZETTE, WA 4151 28. Regulation 301 amended
In regulation 301(2) delete the definition of publish and insert:
publish has the meaning that the term has in the law of tort (as modified by the Defamation Act 2005) relating to defamation.
29. Regulation 43 amended
In regulation 43(1 )(ba) delete "gifts" and insert:
gift
30. Regulation 73 amended
Delete regulation 73(5) and insert:
(4) The notice under subregulation (1) or (3) must be
published on the local government's official website
for a period of not less than 3 days.(5) If the notice under subregulation (1) or (3) is given in a
way prescribed in the Local Government
(Administration) Regulations 1996 regulation 3A(2)(d),
(f) or (g), the period specified in relation to the notice
is not less than 3 days.Part 7 Local Government (Financial Manageineiit) Regulations 1996 amended
31. Regulations amended
This Part amends the Local Government (Financial Management) Regulations 1996.
32. Regulation 27 amended
In regulation 27(1) delete "president—" and insert:president, for each person -
33. Regulation 44 amended
In regulation 44 delete "include -" and insert:
include, for each person -
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Part 8— Local Government (Functions and General)
Regulations 1996 amended
34. Regulations amended
This Part amends the Local Government (Functions and
General) Regulations 1996.35. Regulation 15 amended
In regulation 15(1) delete the passage that begins with "notice is" and continues to the end of the subregulation and insert:
notice is -
(a) published on the local government's official website; and (b) published in at least 3 of the ways prescribed in the Local Government (Administration) Regulations 1996 regulation 3A(2).
36. Regulation 17 amended
After regulation 17(1) insert:
(1A) The CEO must publish the tenders register on the local government's official website.
37. Regulation 22 amended
In regulation 22 delete the passage that begins with "is first published" and continues to the end of the regulation and insert:
is- s- (a)
(a) published on the local government's official website; and (b) published in at least 3 of the ways prescribed in the Local Government (Administration) Regulations 1996 regulation 3A(2).
38. Regulation 24AE amended
In regulation 24AE delete the passage that begins with "is first published" and continues to the end of the regulation and insert:
is- s- (a) (a) published on the local government's official website; and
6 November 2020 GOVERNMENT GAZETTE, WA 4153
(b) published in at least 3 of the ways prescribed in
the Local Government (Administration)
Regulations 1996 regulation 3A(2).39. Regulation 24E amended
In regulation 24E(1):
(a)
in paragraph (c) delete "notice." and insert: notice; and
(b) after paragraph (c) insert:
(d) publish the proposed regional price preference
policy on the local government's official
website.
40. Regulation 24F amended
Delete regulation 24F(4)(b) and insert:
(b) published on the local government's official
website.
41. Regulation 30 amended
Delete regulation 30(2b) and insert:
(2b) Details of a disposition of property under
subregulation (2a) must, for a period of 1 year
beginning on the day of the initial auction or tender -
(a) be made available for public inspection; and (b) be published on the local government's official website.
Part 9— Local Government (Regional Subsidiaries)
Regulations 2017 amended
42. Regulations amended
This Part amends the Local Government (Regional Subsidiaries)
Regulations 2017.
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43. Regulation 18 amended
Delete regulation 18(7) and (8) and insert:
(7) The Local Government (Administration)
Regulations 1996 regulation 19B(2)(a), (b) and (e)
apply in relation to a regional subsidiary as if amended
by the general modifications.
M. INGLIS, Clerk of the Executive Council.
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