Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Local Government Act 1995
and includes the amendments made by the other written laws referred to in
the following table 1a, 8, 9. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
74 of 1995 |
9 Jan 1996 |
1 Jul 1996 (see s. 1.2) |
|
|
Local Government Act (Schedule 3.1) Amendment
Regulations 1996 published in Gazette 24 Jun 1996
p. 2861-2 |
1 Jul 1996 (see r. 2) |
||
|
Local Government (Consequential Amendments) Act 1996
s. 4 10 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Local Government Act (Schedule 3.1) Amendment
Regulations (No. 2) 1996 published in Gazette
25 Oct 1996 p. 5647 |
25 Oct 1996 |
||
|
Transfer of Land Amendment Act 1996
s. 153(1) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Local Government Act (Schedule 3.1) Amendment
Regulations 1997 published in Gazette 29 Apr 1997
p. 2144 |
29 Apr 1997 |
||
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 81 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
|
Local Government Amendment Act 1998 11,
12 |
1 of 1998 |
26 Mar 1998 |
Act other than s. 21: 26 Mar 1998
(see s. 2(1)); |
|
Local Government Amendment Act (No. 2) 1998
13, 14 |
64 of 1998 |
12 Jan 1999 |
12 Jan 1999 (see s. 2) |
|
Perth Parking Management (Consequential Provisions)
Act 1999 s. 7(3) 15 |
16 of 1999 |
19 May 1999 |
7 Aug 1999 (see s. 2 and Gazette
6 Aug 1999 p. 3727) |
|
Acts Amendment and Repeal (Financial Sector Reform)
Act 1999 s. 92 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette
30 Jun 1999 p. 2905) |
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|
Disability Services Amendment Act 1999
s. 28(3) |
44 of 1999 |
25 Nov 1999 |
25 Nov 1999 (see s. 2) |
|
Reprint of the Local Government Act 1995 as
at 18 Feb 2000 (includes amendments listed above except those in
the School Education Act 1999) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 22 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth Gazette
13 Jul 2001 No. S285) |
|
|
Road Traffic Amendment (Vehicle Licensing)
Act 2001 Pt. 3 Div. 3 |
28 of 2001 |
21 Dec 2001 |
4 Dec 2006 (see s. 2 and Gazette
28 Nov 2006 p. 4889) |
|
Corporations (Consequential Amendments) Act
(No. 2) 2003 Pt. 14 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth
Gazette 13 Jul 2001 No. S285) |
|
Corporations (Consequential Amendments) Act
(No. 3) 2003 Pt. 7 16 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth
Gazette 24 Oct 2001 No. GN42) |
|
Acts Amendment (Equality of Status) Act 2003
Pt. 38 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 79 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 2: The Local Government Act 1995 as
at 2 Apr 2004 (includes amendments listed above except those in
the Road Traffic Amendment (Vehicle Licensing) Act 2001) (correction
in Gazette 1 Oct 2004 p. 4283) |
|||
|
Workers’ Compensation Reform Act 2004
s. 165 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Local Government Amendment
Act 2004 17-22 |
49 of 2004 (as amended by No. 8 of 2009 s. 88; No. 17
of 2009 s. 48) |
12 Nov 2004 |
s. 1 and 2:
12 Nov 2004; |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 23 |
59 of 2004 (as amended by No. 2 of 2008
s. 77(13)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2 Div. 76 24,
25 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 11 and s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Local Government Act 1995 as
at 5 Aug 2005 (includes amendments listed above except those in
the Road Traffic Amendment (Vehicle Licensing)
Act 2001) |
|||
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 14 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette
23 Dec 2005 p. 6244) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 12 Div. 3 26 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Local Government Amendment
Act 2006 |
66 of 2006 |
8 Dec 2006 |
Act other than s. 14: 9 Dec 2006 (see
s. 2(1)); |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and Sch. 1 cl. 102 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Local Government (Official Conduct) Amendment
Act 2007 |
1 of 2007 |
28 Mar 2007 |
s. 1 and 2:
28 Mar 2007; |
|
9 of 2007 |
25 Jun 2007 |
s. 1 and 2:
25 Jun 2007; |
|
|
Local Government (Miscellaneous Provisions) Amendment
Act 2007 s. 13 |
11 of 2007 |
29 Jun 2007 |
1 Jul 2008 (see s. 2 and Gazette
6 Jun 2008 p. 2179) |
|
Petroleum Amendment Act 2007
s. 99 |
35 of 2007 |
21 Dec 2007 |
31 Oct 2009 (see s. 2(b) and Gazette
30 Oct 2009 p. 4305) |
|
Reprint 4: The Local Government Act 1995 as
at 18 Jan 2008 (includes amendments listed above, except those in
the Local Government (Miscellaneous Provisions) Amendment Act 2007
and the Petroleum Amendment Act 2007) |
|
Duties Legislation Amendment Act 2008
Sch. 1 cl. 21 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Statutes (Repeals and Miscellaneous Amendments)
Act 2009 s. 87 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Local Government Amendment (Elections)
Act 2009 |
15 of 2009 |
17 Aug 2009 |
s. 1 and 2: 17 Aug 2009
(see s. 2(a)); |
|
Local Government
Amendment Act 2009 |
17 of 2009 |
16 Sep 2009 |
s. 1 and 2: 16 Sep 2009
(see s. 2(a)); |
|
Reprint 5: The Local Government Act 1995 as
at 5 Feb 2010 (includes amendments listed above) |
|||
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Approvals and Related Reforms (No. 4)
(Planning) Act 2010 s. 34 and Pt. 5 Div
2 |
28 of 2010 |
19 Aug 2010 |
22 Nov 2010 (see s. 2(b) and Gazette 19 Nov 2010
p. 5709) |
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Acts Amendment (Fair Trading) Act 2010
s. 182 |
58 of 2010 |
8 Dec 2010 |
1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p.
6805) |
|
Building Act 2011 s. 166 |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette
13 Mar 2012 p. 1033) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 16 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Local Government Amendment Act 2012 Pt. 2
(other than s. 13-18) |
2 of 2012 |
4 Apr 2012 |
s. 1 and 2: 4 Apr 2012
(see s. 2(a)); |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Co-operatives Act 2009 s. 506 and
516 27 |
24 of 2009 |
22 Oct 2009 |
s. 506: operative on the day Co-operative Bulk Handling
Limited becomes registered under this Act (see
s. 2(d)); |
|
Local Government Amendment Act 2012
s. 13-1828 |
2 of 2012 |
4 Apr 2012 |
s. 13: 1 Jul 2012 (see s. 2(b) and Gazette
20 Apr 2012 p. 1695); |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 29 29 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 The provisions in this Act amending the Local Government
Act 1960 have been omitted under the Reprints Act 1984
s. 7(4)(e).
3 Repealed by the Mining Act 1978.
4 The short title of the Local Government Act 1960
was amended to the Local Government (Miscellaneous Provisions)
Act 1960 by Sch. 9.2 cl. 2 of this Act. That provision has
now been omitted.
5 Under the Land Administration Act 1997
s. 281(3) a reference in a written law to the Land Act 1933 is,
unless the contrary intention appears, to be read and construed as if that
reference were a reference to the Land Administration
Act 1997.
6 The Criminal Code s. 348 and 349 were deleted by the
Defamation Act 2005 s. 47.
7 The provisions of the Local Government Act 1960
Pt. VIA as continued by Sch. 9.3 cl. 16 of this Act and amended by the
Local Government (Amendment of Part VIA – Employee Superannuation)
Regulations 2006 r. 4 and 5 (published in Gazette
26 May 2006 p. 1877-8) reads as follows:
Part VIA — Employee
Superannuation
170A. Interpretation
(1) In this Part —
City of Perth scheme means the superannuation scheme
established under section 170C;
dependant has the same definition as in section 10 of
the SIS Act;
employee and employer have the same
definitions as in section 10 of the SIS Act;
industry scheme means the WA Local Government Superannuation
Plan (formerly called the W.A. Local Government Occupational Superannuation
Fund) established by a trust deed dated 21 March 1990 and continued
under a trust deed dated 4 November 2004;
municipality includes a regional council;
SIS Act means the Superannuation Industry (Supervision)
Act 1993 (Cwlth) as amended from time to time.
(2) A reference in this Part to the City of Perth scheme is a reference to
the scheme as it is amended from time to time.
(3) A reference in this Part to the industry scheme is a reference to the
scheme as it is amended from time to time.
[Section 170A amended in Gazette 26 May 2006
p. 1877.]
170B. Municipalities to use industry scheme
(1) To provide superannuation and other benefits for its employees and
their dependants, a municipality shall participate in and comply with the
industry scheme.
(2) A municipality shall exercise such powers and discharge such
obligations as are necessary to give effect to the industry scheme.
(3) Subsections (1) and (2) do not apply in respect of an employee if
under section 170D, or section 29 of the City of Perth
Restructuring Act 1993, a municipality has to participate in and comply
with the City of Perth scheme in respect of that employee.
(4) Subsections (1) and (2) apply to the City of Perth only in
respect of those of its employees who are not members of the City of Perth
scheme.
(5) If, in respect of an employee for any period —
(a) there is a chosen fund for the employee throughout the period;
and
(b) the chosen fund is not the industry scheme; and
(c) the municipality makes the minimum SG contributions for the employee
for that period to the chosen fund,
the amount that the municipality would, but for this subsection, be
required under subsection (1) and the industry scheme trust deed to
contribute to the industry scheme for that employee for that period is reduced
by the amount of those minimum SG contributions made to the chosen fund.
(6) In subsection (5) —
(a) the following terms have the same meanings as they have in the
Superannuation Guarantee (Administration) Act 1992
(Cwlth) —
(i) chosen fund for the employer;
(ii) individual superannuation guarantee shortfall;
and
(b) a reference to a municipality making the minimum SG contributions
for an employee for a period is a reference to the municipality making the
contributions necessary for it to avoid incurring an individual superannuation
guarantee shortfall in respect of the employee in respect of that period.
[Section 170B amended in Gazette 26 May 2006
p. 1878.]
170C. City of Perth scheme
(1) The City of Perth shall establish a scheme that accords with the SIS
Act to provide superannuation and other benefits for its employees and their
dependants and for those of its former employees (and their dependants) whose
employers, by virtue of section 170D or section 29 of the City of
Perth Restructuring Act 1993, are required to participate in and comply
with the scheme.
(2) The City of Perth shall participate in and comply with the City of
Perth scheme.
(3) The City of Perth shall exercise such powers and discharge such
obligations as are necessary to give effect to the City of Perth
scheme.
(4) A person who becomes an employee of the City of Perth shall be a
member of and subject to the City of Perth scheme unless he or she elects to be
a member of the industry scheme.
170D. City of Perth scheme members who become employed by a regional
council
(1) If a person —
(a) is a member of the City of Perth scheme; and
(b) becomes an employee of a regional council of which the City of Perth
is a constituent municipality,
then, despite section 170B, the regional council shall, in respect
of that person, participate in and comply with the City of Perth scheme in the
same way and to the same extent as the City of Perth would be required to if the
person were its employee; unless the person elects to become a member of the
industry scheme.
(2) A person referred to in subsection (1) does not cease to be a
member of the City of Perth scheme by reason only of ceasing to be an employee
of the City of Perth.
170E. Other superannuation schemes
Nothing in this Part prevents a municipality from participating, in
respect of an employee of the municipality, in a superannuation scheme in
addition to either the industry scheme or the City of Perth scheme (as the case
may be) if the municipality and the employee agree to participate in that other
scheme.
8 The Local Government Act 1995 is affected by the
Dampier to Bunbury Pipeline Act 1997 Sch. 4 cl. 36 which
reads as follows:
36. Payment in place of local government rates
(1) The DBNGP Land Access Minister is not liable to pay rates in respect
of land in the DBNGP corridor.
(2) A holder of rights conferred under section 34 of this Act or the
holder’s nominee approved under section 34(3) of this Act is not, as
the holder of those rights or the holder’s nominee, liable to pay
rates.
(3) The DBNGP Land Access Minister is to pay to each local government in
the district of which there is any utilized corridor land an amount equivalent
to the rates that would have been assessable in the hands of an owner holding
the fee simple in the land whose rates were assessable on the basis of
unimproved value.
(4) An amount payable under subclause (3) is to be treated for the
purposes of Part 4 of this Act as a part of the cost of administering that
Part.
(5) In this clause —
DBNGP corridor and DBNGP Land Access Minister
have the meanings given by section 27 of this Act;
rates means rates under the Local Government
Act 1995;
utilized corridor land means land in the DBNGP corridor in
respect of which rights under section 34 of this Act are held, regardless
of whether rights are held by one holder or several holders.
9 The Local Government Act 1995 is affected by the
Gas Corporation (Business Disposal) Act 1999 s. 67 which reads
as follows:
67. Presence of pipeline does not constitute occupation of
land
Despite anything to the contrary in the Local Government
Act 1995, land is not to be regarded as being occupied for the purposes
of that Act merely because —
(a) there is on or under that land any pipe or system of pipes for or
incidental to the transport of gas in respect of which a distribution licence
has been issued under Part 2A of the Energy Coordination
Act 1994; or
(b) a person is the holder of a distribution licence under Part 2A of
the Energy Coordination Act 1994 in respect of a distribution system
that is on or under that land.
10 The Local Government (Consequential Amendments)
Act 1996 s. 7 and 8 read as follows:
7. Transitional matters relating to by-laws
(1) If, when this Act comes into operation —
(a) a local government has resolved to make a by-law under the Bush
Fires Act 1954, the City of Perth Parking Facilities
Act 1956 or the Health Act 1911; but
(b) the by-law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by-law
may be completed as if this Act and the Local Government Act 1995
had not come into operation.
(2) If, when this Act comes into operation —
(a) a local government has —
(i) resolved to make a by-law under the Cemeteries Act 1986,
the Control of Vehicles (Off-road Areas) Act 1978 or the Dog
Act 1976; and
(ii) caused a notice of intention to submit the by-law for confirmation or
approval by the Governor to be published;
but
(b) the by-law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by-law
may be completed as if this Act and the Local Government Act 1995
had not come into operation.
(3) A by-law that is made, confirmed or approved, or published in
accordance with subsection (1) or (2) becomes a local law as soon as it is
published in the Gazette.
(4) If, when this Act comes into operation —
(a) a local government has resolved to make a by-law under the
Cemeteries Act 1986, the Control of Vehicles (Off-road Areas)
Act 1978 or the Dog Act 1976; but
(b) a notice of intention to submit the by-law for confirmation or
approval by the Governor has not been published,
the resolution ceases to have effect as a resolution to make a by-law and
instead has effect as if it were a resolution under that Act as amended by this
Act proposing to make a local law to the same effect.
(5) This section ceases to operate on the day 6 months after this Act
comes into operation.
8. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, the Governor may make regulations prescribing all matters
that are required, or are necessary or convenient, for dealing with that
transitional matter.
(2) Regulations made under subsection (1) may have effect before the
day on which they are published in the Gazette.
(3) To the extent that a regulation made under subsection (1) may
have effect before the day of its publication in the Gazette, it does not
—
(a) affect in a manner prejudicial to any person (other than the State or
a local government), the rights of that person existing before the day of its
publication; or
(b) impose liabilities on any person (other than the State or a local
government) in respect of anything done or omitted to be done before the day of
its publication.
(4) In subsection (1) —
transitional matter means a matter that needs to be dealt
with for the purpose of effecting the transition from the provisions of the Acts
amended by this Act as in force before this Act comes into operation to the
provisions of those Acts as in force after this Act comes into
operation.
11 The Local Government Amendment Act 1998
s. 5(2)-(4) and 14(2) are transitional provisions that are of no
further effect.
12 The amendment purported to be made by the Local Government
Amendment Act 1998 s. 28 is not included because prior to its
commencement cl. 4(2) of Sch. 9.2 had been previously amended by the
Statutes (Repeals and Minor Amendments) Act 1997
s. 81(1).
13 The Local Government Amendment Act (No. 2) 1998
s. 14(3) reads as follows:
(3) The amendments made by this section have no effect in relation to a
notice given under section 3.49 before the commencement of this section or
anything done in consequence of such a notice.
14 The Local Government Amendment Act (No. 2) 1998
s. 56 is a transitional provision that is of no further effect and
57 reads as follows:
57. Quarterly reports by Joondalup and Wanneroo
commissioners
(1) In this section —
commissioners has the meaning given by clause 7 of the
Joondalup and Wanneroo Order 1998 published in the Gazette on
26 June 1998.
(2) Within 14 days after the end of each quarter, the commissioners
of the City of Joondalup are to report to the Minister about the performance of
their functions.
(3) Within 14 days after the end of each quarter, the commissioners
of the Shire of Wanneroo are to report to the Minister about the performance of
their functions.
(4) The first reports under subsections (2) and (3) are to be given
to the Minister after the quarter ending on 31 March 1999.
(5) The Minister is to cause each report to be laid before each House of
Parliament on the next sitting day of that House after the Minister receives
it.
(6) If because a House of Parliament is not sitting, a report can not be
laid before that House within 7 days after the Minister receives it, the
Minister, within that time, is to —
(a) give a copy of the report to the Clerk of that House; and
(b) cause the report to be printed and made available to the
public.
(7) A copy of the report given to the Clerk of a House under
subsection (6) is to be laid before that House on its next sitting
day.
15 The Perth Parking Management (Consequential Provisions)
Act 1999 s. 5(2) is a transitional provision that is of no further
effect.
16 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as follows:
(1) If this Act receives the Royal Assent before the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act comes into operation at the same time as that Schedule comes into
operation.
(2) If this Act receives the Royal Assent on or after the day on which
Schedule 1 to the Financial Services Reform Act comes into operation, this
Act is deemed to have come into operation at the same time as that Schedule
comes into operation.
In this Part —
Financial Services Reform Act means the Financial
Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule 1 to
the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by-law.
(1) This section applies if this Act comes into operation under
section 2(2).
(2) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent that could have been done if
this Act had received the Royal Assent before the FSR commencement time is taken
to be as valid and lawful, and to always have been as valid and lawful, as it
would have been if this Act had received the Royal Assent before the FSR
commencement time.
(3) Anything done or omitted to have been done by a person after the FSR
commencement time and before this Act received the Royal Assent that would have
been valid and lawful if the Financial Services Reform Act had not commenced, is
taken to be valid and lawful.
(4) Anything done or omitted to have been done after the FSR commencement
time and before this Act receives the Royal Assent —
(a) that could only have been validly and lawfully done or omitted because
this Act received the Royal Assent after the FSR commencement time;
and
(b) that could not have been validly and lawfully done or omitted if this
Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.
17 The Local Government Amendment Act 2004
s. 30(2) reads as follows:
(2) Despite subsection (1), if the day for an election,
referendum or other poll was fixed under the Local Government
Act 1995 before the commencement of this section, sections 4.1A
and 4.1B of that Act as inserted by subsection (1) do not apply in respect
of that election, referendum or other poll.
18 The Local Government Amendment Act 2004
s. 67(6) reads as follows:
(6) Schedule 2.1 of the Local Government Act 1995 as
in force immediately before the commencement of this section applies to and in
respect of any proposal made under clause 2 of that Schedule before that
commencement.
19 The Local Government Amendment Act 2004
s. 14, which gives effect to Sch. 2, reads as follows:
14. Transitional and validation provisions —
Schedule 2
Schedule 2 has effect.
Schedule 2 reads as follows:
Schedule 2 — Transitional
and validation provisions — WALGA
[s. 14]
1. Interpretation
In this Schedule —
anything done means anything done, or omitted, or purported
to be done or omitted;
commencement means the commencement of
section 10;
body previously constituted under section 9.58 means a
body constituted under section 9.58 of the Local Government
Act 1995 before the commencement;
WALGA means the Western Australian Local Government
Association constituted under section 9.58 of the Local Government
Act 1995 after the commencement.
2. WALGA successor in law to bodies previously constituted under
section 9.58
(1) On the commencement, WALGA becomes the successor in law of each body
previously constituted under section 9.58.
(2) In particular —
(a) each body previously constituted under section 9.58 is
dissolved;
(b) the property of each body previously constituted under
section 9.58 becomes the property of WALGA;
(c) all assets, liabilities, rights and duties of the body previously
constituted under section 9.58 becomes the assets, liabilities, rights and
duties of WALGA;
(d) any proceedings or remedy that immediately before the commencement
might have been brought or continued by or available against or to a body
previously constituted under section 9.58, may be brought or continued and
are available, by or against or to WALGA;
(e) WALGA is to take delivery of all papers, documents, minutes, books of
account and other records (however compiled, recorded or stored) relating to the
operations of each body previously constituted under
section 9.58.
3. Agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement —
(a) to which a body previously constituted under section 9.58 was a
party; or
(b) which contains a reference to a body previously constituted under
section 9.58,
has effect after the commencement as if —
(c) WALGA were substituted for the body previously constituted under
section 9.58 as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the body previously
constituted under section 9.58 were (unless the context otherwise requires)
amended to be or include a reference to WALGA.
4. Validation
Anything done before the commencement under the name of WALGA, or the
Western Australian Local Government Association, by, to, or in respect of, a
body previously constituted under section 9.58 is as valid and effective,
and is to be taken to have always been as valid and effective, as it would have
been had the thing been done after the commencement by, to, or in respect of
WALGA.
5. Interpretation Act 1984 not affected
Nothing in this Schedule is to be construed so as to limit the operation
of the Interpretation Act 1984.
20 The Local Government Amendment Act 2004
s. 73(3) reads as follows:
73. Schedule 9.3 amended and validation
(3) The amendment effected by subsection (2) is to be taken to have
come into operation on the day on which the Local Government Act 1995
came into operation and any laws referred to in —
(a) subclause (4a)(a) of that amendment are to be taken to have
applied from that day; and
(b) subclause (4a)(b) of that amendment are to be taken to have
applied from the day on which the local law commenced.
21 The Local Government Amendment Act 2004
s. 16(1)-(3) and (5) had not come into operation when they were deleted
by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 88.
22 The Local Government Amendment Act 2004
s. 19(2), 20 and 38(3) had not come into operation when they were deleted
by the Local Government Amendment Act 2009 s. 48.
23 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 28 was deleted by the Criminal Law and Evidence
Amendment Act 2008 s. 77(13).
24 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
25 The State Administrative Tribunal
Regulations 2004 r. 56 reads as follows:
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 76 comes into operation;
the LG Act means the Local Government
Act 1995.
(2) If a local government receives, before the commencement day, a notice
in accordance with the LG Act section 6.77 (as in force when the notice was
received by the local government) but does not before the commencement day refer
the decision referred to in the notice to a Land Valuation Tribunal as an
appeal, on and after the commencement day the local government must refer the
notice to the State Administrative Tribunal and the notice is to be taken to be
an application to the Tribunal for a review of the decision under the LG Act
section 6.77.
(3) If a local government receives, before the commencement day, a notice
in accordance with the LG Act section 6.78 (as in force when the notice was
received by the local government) but does not before the commencement day refer
the decision referred to in the notice to a Land Valuation Tribunal as an
appeal, on and after the commencement day the local government must refer the
notice to the State Administrative Tribunal and the notice is to be taken to be
an application to the Tribunal for a review of the decision under the LG Act
section 6.78.
26 References to the Executive Director were replaced by
references to the Departmental CEO, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 12 Div. 3.
Section 454 of that Act is a general transitional provision that applies to
references to the Executive Director in written laws.
27 On
the date as at which this compilation was prepared, the Co-operatives
Act 2009 s. 506 and 516 had not come into operation. They read as
follows:
506. Local Government Act 1995 amended
(1) This section amends the Local Government
Act 1995.
(2) In section 6.26(2)(i) delete “company” (each
occurrence) and insert:
co-operative
(3) In section 6.26(3) delete “company” and
insert:
co-operative
516. Local Government Act 1995 amended
(1) This section amends the Local Government
Act 1995.
(2) In section 5.74 in the definition of
corporation:
(a) delete paragraph (d) and “or” after it;
(b) after each of paragraphs (a) and (b) insert:
or
28 On the date as at which this compilation was prepared, the
Local Government Amendment Act 2012 s. 13-18 had not come into
operation. They read as follows:
Division
3 — Amendments about fees etc. for council members
and remuneration for CEOs
13. Section 5.39
amended
Delete section 5.39(7) and insert:
(7) A CEO is to be paid or provided with such remuneration as is
determined by the Salaries and Allowances Tribunal under the Salaries and
Allowances Act 1975 section 7A.
(8) A local government is to ensure that subsection (7) is complied
with in entering into, or renewing, a contract of employment with a
CEO.
14. Section 5.98
amended
(1) Before section 5.98(1) insert:
(1A) In this section —
determined means determined by the Salaries and Allowances
Tribunal under the Salaries and Allowances Act 1975
section 7B.
(2) In section 5.98(1):
(a) in paragraph (a) delete “prescribed minimum fee” and
insert:
fee determined
(b) in paragraph (b) delete “prescribed range” and
insert:
range determined
(3) In section 5.98(2A):
(a) in paragraph (a) delete “prescribed minimum fee” and
insert:
fee determined
(b) in paragraph (b) delete “prescribed range” and
insert:
range determined
(4) In section 5.98(3):
(a) delete paragraph (a) and insert:
(a) where the extent of reimbursement for the expense has been determined,
to that extent; or
(b) in paragraph (b) delete “prescribed range (if any)
of” and insert:
range determined for
(5) In section 5.98(5):
(a) in paragraph (a) delete “prescribed minimum annual local
government allowance” and insert:
annual local government allowance determined
(b) in paragraph (b) delete “prescribed range” and
insert:
range determined
15. Section 5.98A
amended
In section 5.98A(1) delete the passage that begins with
“prescribed percentage” and continues to the end of the subsection
and insert:
percentage that is determined by the Salaries and Allowances Tribunal
under the Salaries and Allowances Act 1975 section 7B of the
annual local government allowance to which the mayor or president is entitled
under section 5.98(5).
16. Section 5.99
amended
Delete section 5.99(a) and (b) and insert:
(a) the annual fee determined by the Salaries and Allowances Tribunal
under the Salaries and Allowances Act 1975 section 7B;
or
(b) where the local government has set a fee within the range for annual
fees determined by that Tribunal under that section, that fee.
17. Section 5.99A
amended
(a) in paragraph (a) delete “prescribed minimum annual
allowance” and insert:
annual allowance determined by the Salaries and Allowances Tribunal under
the Salaries and Allowances Act 1975 section 7B
(b) in paragraph (b) delete “prescribed range” and
insert:
range determined by the Salaries and Allowances Tribunal under the
Salaries and Allowances Act 1975 section 7B
18. Section 5.100
amended
In section 5.100(2)(b) delete “prescribed” and
insert:
determined
29 On the date as at which this
compilation was prepared, the Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 29 had not come into operation. It reads as
follows:
Division
29 — Local Government Act 1995
amended
This Division amends the Local Government Act 1995.
121. Section 3.38
amended
In section 3.38 in the definition of vehicle delete
“Road Traffic Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
122. Section 3.40
amended
In section 3.40(3) delete “Road Traffic
Act 1974” and insert:
Road Traffic (Vehicles) Act 2012
123. Section 9.13
amended
In section 9.13(1) in the definition of owner delete
“who holds the licence for the vehicle that is required under the Road
Traffic Act 1974 or, if the vehicle is not licensed under that
Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the
Road Traffic (Vehicles) Act 2012, or, if there is not such a
person,
124. Section 9.15
amended
In section 9.15 in the definition of owner delete
“who holds the licence for the vehicle that is required under the Road
Traffic Act 1974 or, if the vehicle is not licensed under that
Act,” and insert:
to whom a licence in respect of the vehicle has been granted under the
Road Traffic (Vehicles) Act 2012, or, if there is not such a
person,
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
75%
majority 1.4
abandoned vehicle wreck 3.40A(5)
absent
vote 4.67(a)
absolute majority 1.4
Absolute majority
required 1.9
acquire 3.59(1)
additional
purpose 6.8(1a)
address 5.74(1)
Advisory Board 1.4
affected
electors Sch. 2.1 cl. 1, Sch. 2.2 cl. 1
affected local government Sch. 2.1
cl. 1
affected person 9.2
alleged offender 3.38
amending Act Sch. 9.3
cl. 14A(1), 42
amount misapplied 8.35(3)
an authorised person 8.3(6)(a)
and (b)
annual budget 6.1
annual return 5.74(1)
approved
auditor 7.1
arrangement 5.49(1)
audit
committee 7.1
auditor 1.4
authorisation 9.2
authorised
employee 9.31
authorised land officer 9.69(1)
authorised person 8.1,
8.35(3), 9.13(1), 9.15
Authority 9.69(1)
breach 5.102A
budget
deficiency 6.1
campaign period 5.123(3)
candidate A 4.81(4), Sch. 2.3 cl.
12(4)
candidate B 4.81(4), Sch. 2.3 cl. 12(4)
CEO 1.4
certified
copy 9.31
close of enrolments 4.39(1)
close of
nominations 4.49(a)
commencement day Sch. 9.3 cl.
1
commissioner 1.4
committee 5.1
committee
meeting 5.98(7)
complaints officer 5.102A
conditions 5.44(5)
continuing
authority Sch. 9.3 cl. 1
contravention that can lead to
impounding 3.38
corporation 5.74(1)
council 1.4
councillor 1.4
councillor
mayor or president 1.4
court 3.26(5)
Crown lands 1.4
Crown
lease 1.4
Crown lessee 1.4
debt 5.85(3)
deceptive
material 4.88(4)
decision 5.125(2), 9.2
Department 1.4
Departmental
CEO 1.4
designated employee 5.74(1), Sch. 9.3 cl.
1
details 4.52(3)
detriment 4.85(4)
differential general
rate 6.1
dispose 3.58(1), 3.59(1)
disposition of real
property 5.86(3)
disqualified 2.27(1)
disqualified person 7.1,
7.4(2)
district 1.4
disused material Sch. 3.1 Div. 1
early
vote 4.67(b)
election 4.1, Sch. 2.3 cl. 10
election day 4.1
election
notice 4.1, 4.64(2)
election year 1.4
elector 1.4
elector mayor or
president 1.4
Electoral Commissioner 1.4
electoral
conduct 4.85(4)
Electoral Division 4.1A(6)
electoral
material 4.87(3)
electoral officer 4.1
electoral requirements 1.4,
4.1
electoral roll 4.1
electors 5.26
eligible
body 5.49(1)
employee 1.4, 5.48(1), 5.70(1), 7.10(2)
entitled
person 6.67(3)
establishment agreement 3.61(2)(b)
existing roll Sch. 9.3
cl. 12(1)
extent 5.59
extraordinary election 1.4, 4.8(3)
extraordinary
vacancy Sch. 2.3 cl. 1 and 6
financial year 1.4
former district Sch. 9.3
cl. 1
former municipality Sch. 9.3 cl. 1
former provisions 2.22(3), Sch.
9.3 cl. 1
former section 300 3.53(1)
former valuation Sch. 6.1 cl.
1(2)
general funds 6.21(4)
general
rate 6.1
gift 5.82(4)
goods 3.38
Government agreement 6.25
gross
rental value 6.25
inaugural election 1.4,
4.2(2)
income 5.80(4)
indictable penalty 2.22(3)
inquiry 8.1
Inquiry
Panel 1.4
interest 5.79(3), 5.84(2)
interim valuation 6.25
invalidity
complaint 4.80(2), Sch. 2.3 cl. 11(2)
judicial proceedings 9.69(1)
land
transaction 3.59(1)
lease 6.60(1)
lessee 6.60(1)
lessor 6.60(1)
local
government 1.4, 9.15
local government property 1.4
local public
notice 1.4
long service benefit 5.48(1)
major land
transaction 3.59(1)
major trading
undertaking 3.59(1)
making 3.12(8)
meeting minutes 9.37(2)
member 1.4,
5.59, Sch. 2.5 cl. 1, Sch. 5.1 cl. 1
member of a
parliament 2.20(2)
metropolitan area 1.4
minimum payment 6.1
minor
breach 5.102A
municipal fund 1.4
new ordinary election day provisions Sch.
9.3 cl. 14A(1)
new valuation Sch. 6.1 cl. 1(2)
nomination
place 4.47(2)(b)
non-perishable goods 3.38
notice Sch. 2.1 cl. 1
notice
recipient 3.26(2)
notifiable
gift 5.62(2)
occupier 1.4
offence 2.22(3)
official
plan 9.48(2)
officially certified 9.48(2)
ordinary election 1.4,
4.4(2)
ordinary elections day 1.4
original valuations Sch. 6.1 cl.
2(2)
other person 5.9(1)
otherwise unvested facility 3.53(1)
owner 1.4,
6.25, 9.13(1), 9.15
park Sch. 9.1 cl. 1(1)
parking facilities Sch. 9.1 cl.
1(1)
parking region Sch. 9.1 cl.
1(1)
participants 3.61(1)
party 5.102A
person having an
interest 3.51(1)
political party 5.83(4)
polling place 4.1
postal
election 4.61(1)
power of sale 6.68(1)
power to borrow 6.20(2)
power to
lease 6.65
prescribed 1.4, 9.13(1), 9.15
prescribed financial
market 5.84(2)
preserved CEO 43
primary return 5.74(1)
primary
standards panel 5.102A, 5.122(1)
print 4.87(3), 4.88(4)
private land Sch.
9.1 cl. 7(1)
private thoroughfare Sch. 3.1 Div. 3, Sch. 9.1 cl.
7(1)
proceedings 9.29(1)
property 3.58(1)
proposal Sch. 2.1 cl.
1
public facility 9.46(4)
publish 4.88(4), 5.90(2)
qualified
person 7.1
rate 9.40(3)
rate record 6.25
recurrent
breach 5.102A
regional purpose 3.62(2)
registered company
auditor 7.1
regulations 7.1
relative 5.74(1)
relevant
district 2.45(2)
relevant interest 6.29(1)
relevant
period 4.88(4)
relevant person 5.59, 5.74(1)
return 5.74(1)
return
period 5.74(1)
review Sch. 2.2 cl. 1
reward 4.85(4)
rules of
conduct 5.102A
senior employee Sch. 9.3 cl. 1
serious
breach 5.102A
serious local government offence 2.22(3)
service charge 6.1,
6.42, 6.54, 6.63
show cause notice 8.15B
Special majority
required 1.10
specified 3.38
specified area rate 6.1
stand Sch. 9.1 cl.
1(1)
standards panel 5.102A
start day 5.74(1)
Statewide public
notice 1.4
statutory provision administered by the local
government 9.28(2)
submission Sch. 2.2 cl. 1
suspended
order 5.117(2)
the authorised person 8.3(6)(a)
the districts Sch. 2.1 cl.
8(1)
the election 4.36(2)
the electorate 4.29(1), 4.30(1), Sch. 9.3 cl.
12(2)(a)
the former section Sch. 9.3 cl. 38(1)
the office Sch. 2.3 cl. 1
and 6
the proposal land 5.60B(2)
this Act 4.1
this
Part 4.1
thoroughfare 1.4
trading
undertaking 3.59(1)
travel 5.83(4)
trust fund 6.1
unimproved
value 6.25
unsightly Sch. 3.1 Div. 1
vacant
land 6.25
value 5.62(2)
vehicle 3.38
vehicle offence 9.13(1)
voting in person election 4.61(1)
voting
papers 4.71(2)
WALGA 1.4
ward 1.4
WCIM Act 5.49(1)
WorkCover
WA 5.49(1)