Local Government Act 1995 (WA)(CKI) Amendment Ordinance 2003 (No. 1)

Overview

The Local Government Act 1995 (WA)(CKI) Amendment Ordinance 2003 (No. 1) was enacted to address specific legislative gaps and update the Local Government Act 1995 (WA)(CKI). This amendment was introduced by the Administrator of the Commonwealth of Australia, Guy Stephen Montague Green, acting on the advice of the Federal Executive Council under the authority granted by the Cocos (Keeling) Islands Act 1955. The primary objective of this ordinance is to refine the definition of an "owner" and to clarify the circumstances under which local government land is exempt from certain rates, specifically excluding situations where the land is used for a trading undertaking by the local government or where a tenant with a long-term residential tenancy agreement is in possession of the land. This ordinance commenced upon gazettal, signifying its immediate implementation upon publication.

Scope and Application

The Local Government Act 1995 (WA)(CKI) Amendment Ordinance 2003 (No. 1) applies to the Territory of Cocos (Keeling) Islands, extending its provisions to the local governance structure within the territory. This legislation is an amendment to the Local Government Act 1995, specifically altering the definition of 'owner' to include tenants with residential tenancy agreements for a term of five years or more on land held by the Shire of Cocos (Keeling) Islands in trust. Additionally, it modifies the scope of land usage for local government purposes, excluding land used for trading undertakings and land in possession of specified tenants. The ordinance also introduces exceptions where local government land is subject to certain conditions. This legislative change is effective immediately upon gazettal and operates within the jurisdictional authority of the Commonwealth of Australia over the Cocos (Keeling) Islands, as governed by the Cocos (Keeling) Islands Act 1955.

Key Provisions

The main operative sections of this Amendment Ordinance are found in the Schedule, which amends the Local Government Act 1995 (WA)(CKI). Specifically, section 1 of the Schedule introduces a new subparagraph (iia) in the definition of "owner" in section 1.4, expanding the definition to include a tenant under a residential tenancy agreement for a term of five years or more on land held by the Shire of Cocos (Keeling) Islands in trust. This addition broadens the scope of individuals who might be considered as owners for certain purposes under the Act. Additionally, paragraph 6.26(2)(b) is amended to exclude land used for a trading undertaking or land where a person under the expanded definition of "owner" is in possession. This amendment narrows the circumstances under which land can be considered exempt from certain provisions of the Act. This Act imposes certain obligations and requirements on the parties and entities it governs. Firstly, the inclusion of tenants with residential tenancy agreements of five years or more as "owners" under certain conditions expands the responsibilities and rights of such tenants. This could affect their interactions with the local government, particularly in matters concerning land use and local governance. Furthermore, the exclusion of land used for trading undertakings or land in possession of an "owner" as defined, from the exemptions listed in paragraph 6.26(2)(b), means that these pieces of land are now subject to the general provisions of the Act. This could impact how these lands are managed and used by the local government. There are no specific offences, penalties, or consequences mentioned within the text of this Amendment Ordinance. However, breaches of the Local Government Act 1995 (WA)(CKI), as amended, could potentially lead to legal actions depending on the nature of the breach and the specific sections of the Act involved. For instance, misuse of land or non-compliance with tenancy agreements could result in civil actions or administrative penalties. It is important for all parties governed by this Act to adhere to its provisions to avoid any legal repercussions. The exact penalties would be determined by the broader Local Government Act 1995 (WA)(CKI) and any other relevant laws, which could include fines, orders for compliance, or other civil remedies.