{"id":"city-of-perth-act-2016","name":"City of Perth Act 2016","slug":"city-of-perth-act-2016","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30230,"registerId":"wa-city-of-perth-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Perth Act 2016","content":"![Crest]()Western Australia\n\nCity of Perth Act 2016\n\nWestern Australia\n\nCity of Perth Act 2016\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Objects 3\n\n5. Relationship with *Local Government Act 1995* 3\n\nPart 2 — City of Perth\n\nDivision 1 — City of Perth\n\n6. City of Perth continued 4\n\n7. Perth is capital of Western Australia 4\n\n8. Objects of City of Perth 4\n\nDivision 2 — City of Perth Council\n\n9. Representation on City of Perth Council 6\n\n10. Special role of Lord Mayor 6\n\n11. General roles of Lord Mayor and councillors 7\n\nDivision 3 — City of Perth Committee\n\n12. City of Perth Committee 8\n\n13. Functions of Committee 9\n\n14. Meetings of Committee 10\n\n15. Committee may regulate own procedure 10\n\nDivision 4 — Boundaries of City of Perth\n\n16. Future alteration to City of Perth boundaries only to be made by Act of Parliament 10\n\n17. Existing City of Perth boundaries to continue until 30 June 2016 11\n\n18. City of Perth boundaries on and after 1 July 2016 11\n\n19. Boundaries of other local government districts changed 11\n\nDivision 5 — Electoral matters\n\n20. Election of Lord Mayor 12\n\nDivision 6 — Application of *Local Government Act 1995*\n\n21. *Local Government Act 1995* applies as if things done by section 2.1 order 12\n\nPart 3 — Miscellaneous, transitional and savings provisions\n\nDivision 1 — Review of City of Subiaco ward boundaries and councillor numbers\n\n22. City of Subiaco may review ward boundaries and councillor numbers 14\n\nDivision 2 — Provisions consequential on repeal of *City of Perth Restructuring Act 1993*\n\n23. Preservation of rights of City of Perth superannuation scheme members who became employees of other local governments 15\n\nDivision 3 — Miscellaneous\n\n24. Regulations 16\n\nDivision 4 — Transitional and savings provisions\n\n25. Transitional regulations 16\n\nPart 4 — Repeal and amendments to other Acts\n\nDivision 1 — Repeal\n\n26. *City of Perth Restructuring Act 1993* repealed 19\n\nDivision 2 — *Botanic Gardens and Parks Authority Act 1998* amended\n\n27. Act amended 19\n\n28. Section 44A inserted 19\n\n44A. Executive Director, Public Health responsible for public health matters 19\n\n29. Section 53A inserted 21\n\n53A. Local laws do not apply to King’s Park 21\n\nDivision 3 — *Local Government Act 1960* Part VIA amended\n\n30. Act amended 21\n\n31. Section 170B amended 21\n\n32. Section 170C amended 22\n\nDivision 4 — *Local Government Act 1995* amended\n\n33. Act amended 22\n\n34. Section 5.78 amended 22\n\n35. Section 5.82 amended 22\n\n36. Section 5.83 amended 23\n\n37. Sections 5.89A and 5.89B inserted 24\n\n5.89A. Register of gifts and contributions to travel 24\n\n5.89B. Offence to fail to disclose under sections 5.82 and 5.83 25\n\n38. Section 5.89 amended 25\n\n39. Section 9.25 amended 25\n\nSchedule 1 — Map of City of Perth (effective 1 July 2016) (indicative only)\n\nNotes\n\nCompilation table 27\n\nDefined terms\n\n  \n\nWestern Australia\n\nCity of Perth Act 2016\n\nNo. 2 of 2016\n\nAn Act to —\n\n- continue the City of Perth as a local government district but redefine its boundaries; and\n- recognise Perth as the capital of Western Australia and the special significance of the role and responsibilities of the City of Perth that flow from that; and\n- establish a City of Perth Committee with functions that include the facilitation of collaboration between the State and the City of Perth; and\n- repeal the *City of Perth Restructuring Act 1993*; and\n- make consequential and other amendments to the *Botanic Gardens and Parks Authority Act 1998*, the *Local Government Act 1960* Part VIA and the *Local Government Act 1995*; and\n- provide for related matters.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *City of Perth Act 2016*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on the day after that day.\n\n##### 3. Terms used\n\nIn this Act —\n\nAuthority means the Western Australian Land Information Authority established by the *Land Information Authority Act 2006* section 5;\n\nCity of Perth means the body corporate continued by section 6(1);\n\nCity of Perth Council means the council of the City of Perth;\n\nCommittee means the City of Perth Committee established by section 12(1);\n\ncouncillor means a person who holds the office of councillor on the City of Perth Council;\n\nDeposited Plan, followed by a number, means the deposited plan of that number —\n\n(a) lodged with the Authority; and\n\n(b) certified by an authorised land officer (as defined in the *Land Administration Act 1997* section 3(1)); and\n\n(c) available —\n\n(i) in paper form at the Authority’s head office; and\n\n(ii) in electronic form on the Authority’s official website;\n\nLord Mayor means the Lord Mayor of Perth.\n\n##### 4. Objects\n\nThe objects of this Act are —\n\n(a) to recognise, promote and enhance —\n\n(i) the special social, economic, cultural, environmental and civic role that the City of Perth plays because Perth is the capital of Western Australia; and\n\n(ii) the important role that the City of Perth plays in representing the broader Perth area and the State of Western Australia on both a national and international level;\n\nand\n\n(b) to provide for the constitution of the City of Perth Council and recognise the unique role and responsibilities of the Lord Mayor of Perth and City of Perth councillors; and\n\n(c) to establish a City of Perth Committee as a means of facilitating collaboration between the State and the City of Perth; and\n\n(d) to revise the boundaries of the City of Perth.\n\n##### 5. Relationship with *Local Government Act 1995*\n\nIf a provision of this Act conflicts or is inconsistent with the *Local Government Act 1995*, this Act prevails to the extent of the conflict or inconsistency.\n\n## Part 2 — City of Perth\n\n### Division 1 — City of Perth\n\n##### 6. City of Perth continued\n\n(1) There continues to be a body corporate called the City of Perth.\n\n(2) The City of Perth is the same body corporate that was continued by the *City of Perth Restructuring Act 1993* section 9(4).\n\n(3) The City of Perth continues to be a local government district that is a city.\n\n##### 7. Perth is capital of Western Australia\n\nPerth is the capital of Western Australia.\n\n##### 8. Objects of City of Perth\n\n(1) The objects of the City of Perth are as follows —\n\n(a) to provide for the good government of persons in the City of Perth, including residents, ratepayers and visitors;\n\n(b) to represent the community and encourage community participation in decision‑making;\n\n(c) to provide a safe, clean and aesthetic environment for community members, people who work in the City of Perth, visitors and tourists;\n\n(d) to continuously improve the services and facilities that the City of Perth provides to the community and to local, interstate and international visitors and tourists;\n\n(e) to promote awareness of the facilities and events provided or facilitated by the City of Perth and encourage the community to make use of or participate in them;\n\n(f) to initiate and promote the continued growth and environmentally sustainable development of the City of Perth and ensure its continued role as a thriving centre of business with vibrant cultural and entertainment precincts, while enhancing and protecting its natural environment and having due regard to the flow‑on impact on the Perth metropolitan area;\n\n(g) to maintain and strengthen the local, national and international reputation of the Perth metropolitan area as an innovative, sustainable and vibrant global city that attracts and welcomes everyone;\n\n(h) to nurture and support the initiatives and innovations of the diverse precincts of the City of Perth;\n\n(i) to develop and maintain collaborative inter‑governmental relationships at regional, State, national and international levels with a view to developing and implementing strategies for the continued improvement of the City of Perth;\n\n(j) in achieving its objects, to use its best endeavours to strike an appropriate balance among the complementary and competing civic, economic, social, cultural and environmental considerations, including considerations relating to visitors and tourists.\n\n(2) This section does not —\n\n(a) limit the role, functions, powers and obligations of the City of Perth or the City of Perth Council under the *Local Government Act 1995* or any other written law; or\n\n(b) impose on the City of Perth or the City of Perth Council any obligation that is enforceable in a court of law; or\n\n(c) confer on any person any legal right that is enforceable in a court of law.\n\n### Division 2 — City of Perth Council\n\n##### 9. Representation on City of Perth Council\n\nThe City of Perth Council consists of —\n\n(a) a mayor, called the Lord Mayor of Perth; and\n\n(b) 8 councillors.\n\n##### 10. Special role of Lord Mayor\n\n(1) The role of the Lord Mayor is as follows —\n\n(a) to act as an ambassador for the City of Perth in hosting international delegations and attending local, regional, State, national and international civic functions and events;\n\n(b) to carry out civic and ceremonial duties associated with the office of Lord Mayor;\n\n(c) to develop and maintain inter‑governmental relationships at regional, State, national and international levels, and as part of that to develop and implement strategies and policies that seek to ensure consistency in policies and strategic direction at all levels of government;\n\n(d) to provide leadership and guidance to the City of Perth Council;\n\n(e) to preside at meetings in accordance with the *Local Government Act 1995*;\n\n(f) to speak on behalf of the City of Perth;\n\n(g) to liaise with the chief executive officer of the City of Perth on the City of Perth’s affairs and the performance of its functions;\n\n(h) to perform whatever other functions are given to the Lord Mayor by this Act, the *Local Government Act 1995* or any other written law.\n\n(2) This section does not limit —\n\n(a) the role, functions, powers, obligations and responsibilities of the Lord Mayor under the *Local Government Act 1995* or any other written law; or\n\n(b) the application of the *Local Government Act 1995* sections 2.9, 5.34 and 5.35 in relation to the performance of the functions of the Lord Mayor.\n\n##### 11. General roles of Lord Mayor and councillors\n\n(1) In addition to the role set out in section 10, the role of the Lord Mayor includes the matters set out in subsection (2)(a) to (j).\n\n(2) The role of a councillor is as follows —\n\n(a) to represent the interests of electors, ratepayers and residents of the City of Perth;\n\n(b) to serve the current and future interests of the community in the City of Perth;\n\n(c) to provide leadership and guidance to the community in the City of Perth;\n\n(d) to facilitate communication between the community and the City of Perth Council;\n\n(e) to participate in the City of Perth Council’s decision‑making processes at council and committee meetings;\n\n(f) to participate in the determination, oversight and regular review of the following matters, as required by the *Local Government Act 1995* or any other written law —\n\n(i) the City of Perth Council’s policies, goals, finances, resource allocation, expenditure and corporate strategies;\n\n(ii) the efficiency and effectiveness of the City of Perth Council’s service delivery, the performance standards for that service delivery and the monitoring of those performance standards;\n\n(g) in matters that relate to the unique responsibilities of the City of Perth that flow from Perth’s status as capital of Western Australia, to seek to ensure that —\n\n(i) an appropriate balance is struck among economic, social, cultural and environmental considerations; and\n\n(ii) the flow‑on effects on the broader metropolitan area are considered;\n\n(h) to have due regard to the objects of the City of Perth in informing the City of Perth Council’s work and in the making of decisions by the Council;\n\n(i) to participate in achieving a vision for the desired future of the City of Perth through the formulation of strategic plans and policies that align with the objects of the City of Perth;\n\n(j) to ensure that the City of Perth Council discharges its responsibilities under this Act, the *Local Government Act 1995* and any other written law;\n\n(k) to perform whatever other functions are given to a councillor by this Act, the *Local Government Act 1995* or any other written law.\n\n(3) This section does not limit the roles, functions, powers, obligations and responsibilities of the Lord Mayor or councillors under the *Local Government Act 1995* or any other written law.\n\n### Division 3 — City of Perth Committee\n\n##### 12. City of Perth Committee\n\n(1) A committee called the City of Perth Committee is established.\n\n(2) The membership of the Committee is as follows —\n\n(a) the Premier of the State or a Minister of the Crown nominated by the Premier, who is the Chair of the Committee;\n\n(b) the Minister to whom the administration of the *Local Government Act 1995* is committed by the Governor (the Minister for Local Government);\n\n(c) the Lord Mayor;\n\n(d) the Deputy Lord Mayor of Perth;\n\n(e) the chief executive officer of the City of Perth;\n\n(f) the chief executive officer of the Department of the Public Service principally assisting the Minister for Local Government in the administration of the *Local Government Act 1995*.\n\n(3) The Premier may invite any Minister of the Crown, Parliamentary Secretary or other member of Parliament to attend a meeting of the Committee.\n\n##### 13. Functions of Committee\n\nThe Committee’s functions are as follows —\n\n(a) to facilitate collaboration between the State and the City of Perth in order to further —\n\n(i) the object set out in section 4(a); and\n\n(ii) the objects of the City of Perth set out in section 8;\n\n(b) to identify and promote opportunities and strategies for strengthening the economic, cultural, social, physical and environmental development and growth of the Perth Central Business District and other residential and non‑residential areas of the City of Perth;\n\n(c) to assist in the identification and development of mechanisms that promote greater integration between the State’s planning and development processes and those of the City of Perth;\n\n(d) to identify and promote opportunities to improve, simplify and streamline the requirements and processes of the City of Perth with respect to development applications under the *Planning and Development Act 2005*;\n\n(e) to develop and promote more efficient and effective transitioning arrangements for developments that are undertaken by or on behalf of the State and that are to become wholly or partly the responsibility of the City of Perth;\n\n(f) to identify and develop other opportunities to further —\n\n(i) the object set out in section 4(a); and\n\n(ii) the objects of the City of Perth set out in section 8;\n\n(g) to do anything that is incidental to the functions set out in paragraphs (a) to (f).\n\n##### 14. Meetings of Committee\n\n(1) The Committee must meet at least twice each year.\n\n(2) The Premier decides when the Committee is to meet.\n\n##### 15. Committee may regulate own procedure\n\nThe Committee may regulate its procedure in whatever manner it thinks fit.\n\n### Division 4 — Boundaries of City of Perth\n\n##### 16. Future alteration to City of Perth boundaries only to be made by Act of Parliament\n\nAfter 1 July 2016, any future alteration to the boundaries of the district of Perth may only be made by Act of Parliament.\n\n##### 17. Existing City of Perth boundaries to continue until 30 June 2016\n\n(1) Until the end of 30 June 2016, the district of Perth continues to have the boundaries that it had immediately before this section comes into operation.\n\n(2) However, this section does not prevent the subsequent making of an order under the *Local Government Act 1995* section 2.1 or any other order under that Act in relation to the district of Perth or any other district.\n\n(3) Subsection (2) is subject to sections 18 and 21(3).\n\n##### 18. City of Perth boundaries on and after 1 July 2016\n\n(1) On and after 1 July 2016, the district of Perth consists of the land delineated in red and coloured purple on Deposited Plan 404450.\n\n(2) The map set out in Schedule 1 illustrates the boundaries of the district of Perth, but is indicative only and subsection (1) prevails if there is any inconsistency.\n\n(3) The inclusion of the area known as King’s Park in the district of Perth by this section does not affect —\n\n(a) the status of that area as a Class A reserve under the *Land Administration Act 1997*; or\n\n(b) the application of the *Botanic Gardens and Parks Authority Act 1998* to that area.\n\n(4) This section is subject to section 21.\n\n##### 19. Boundaries of other local government districts changed\n\n(1) On 1 July 2016, the boundaries of the City of Nedlands are changed so that the district consists of the land delineated in red and coloured purple on Deposited Plan 405530.\n\n(2) On 1 July 2016, the boundaries of the City of Subiaco are changed so that the district consists of the land delineated in red and coloured purple on Deposited Plan 405529.\n\n(3) This section is subject to section 21.\n\n### Division 5 — Electoral matters\n\n##### 20. Election of Lord Mayor\n\n(1) The Lord Mayor is to be elected by the electors of the district of Perth under the *Local Government Act 1995* Part 4.\n\n(2) The *Local Government Act 1995* sections 2.11 to 2.14 do not apply to the City of Perth.\n\n(3) The *Local Government Act 1995* Schedule 4.1A applies to the office of Lord Mayor.\n\nNote for this subsection:\n\nThe *Local Government Act 1995* Schedule 4.1A sets out how a vacancy in the office of an elector mayor or president (as defined in section 1.4 of that Act) is to be filled in certain circumstances.\n\n[Section 20 amended: No. 11 of 2023 s. 101.]\n\n### Division 6 — Application of *Local Government Act 1995*\n\n##### 21. *Local Government Act 1995* applies as if things done by section 2.1 order\n\n(1) The following are to be taken for all purposes to have been done by the Governor by an order under the *Local Government Act 1995* section 2.1 (a section 2.1 order) that comes into operation when this section comes into operation —\n\n(a) the constitution of the district of Perth by sections 17(1) and 18(1);\n\n(b) the boundary changes effected by section 19.\n\n(2) The *Local Government Act 1995* applies accordingly, and in particular (but without limitation) —\n\n(a) Schedule 2.1 clause 11 of that Act applies in the same way as it would apply if the constitution and boundary changes had been done by a section 2.1 order; and\n\n(b) regulations providing for matters to give effect to section 2.1 orders also apply in that same way; and\n\n(c) the fact that the constitution and boundary changes are effected by Act does not prevent —\n\n(i) the subsequent making of a section 2.1 order or any other order under the *Local Government Act 1995* in relation to the district of Perth or any other district; or\n\n(ii) the performance of any other function under the *Local Government Act 1995* or any other written law in relation to the district of Perth or any district whose boundaries are changed by section 19.\n\n(3) However, an order under the *Local Government Act 1995* cannot —\n\n(a) abolish the district of Perth; or\n\n(b) divide the district of Perth into wards; or\n\n(c) change the boundaries of the district of Perth.\n\n## Part 3 — Miscellaneous, transitional and savings provisions\n\n### Division 1 — Review of City of Subiaco ward boundaries and councillor numbers\n\n##### 22. City of Subiaco may review ward boundaries and councillor numbers\n\n(1) The object of this section is to enable the City of Subiaco to review its ward boundaries, and the number of offices of councillor for each ward, for the purpose of ensuring that, on 1 July 2016, those things take account of the constitution of the district of Perth by section 18(1) and the boundary changes effected by section 19.\n\n(2) After this section comes into operation and before 31 March 2016, the City of Subiaco may carry out a review under this section of —\n\n(a) its ward boundaries; and\n\n(b) the number of offices of councillor for each ward.\n\n(3) For the purposes of a review carried out under subsection (2) —\n\n(a) the *Local Government Act 1995*, with all necessary changes, applies to the review as if, under Schedule 2.2 clause 6(3) of that Act, the Local Government Advisory Board had required the City of Subiaco to carry out the review; and\n\n(b) the review is to be carried out as if the constitution of the district of Perth by section 18(1), and the boundary changes effected by section 19, had taken effect when this section comes into operation; and\n\n(c) the local public notice of the review given under Schedule 2.2 clause 7 of that Act must —\n\n(i) state that the review is being carried out under this section; and\n\n(ii) state that the review is being carried out as if the constitution of the district of Perth by section 18(1), and the boundary changes effected by section 19, had taken effect when this section comes into operation; and\n\n(iii) state that the review is being carried out for the purpose of ensuring that, on 1 July 2016, the City of Subiaco’s ward boundaries, and the number of offices of councillor for each ward, take account of that constitution and those boundary changes; and\n\n(iv) contain an explanation of the purpose of the review (as set out in subparagraph (iii)), and of the basis on which it is being carried out (as set out in subparagraph (ii)).\n\n(4) If the City of Subiaco carries out a review under subsection (2), it must ensure that the report that the *Local Government Act 1995* Schedule 2.2 clause 9 requires it to make to the Local Government Advisory Board on completing the review is made to the Advisory Board no later than 31 March 2016.\n\n### Division 2 — Provisions consequential on repeal of *City of Perth Restructuring Act 1993*\n\n##### 23. Preservation of rights of City of Perth superannuation scheme members who became employees of other local governments\n\n(1) In this section —\n\nCity of Perth scheme means the superannuation scheme established under the *Local Government Act 1960* section 170C, as the scheme is amended from time to time;\n\nemployee and employer have the meanings given in the *Superannuation Industry (Supervision) Act 1993* (Commonwealth) section 10;\n\nindustry scheme has the meaning given in regulations made under the *Local Government Act 1995* section 5.47.\n\n(2) This section applies to any person who, immediately before section 26 comes into operation, is a person in respect of whom, under the *City of Perth Restructuring Act 1993* section 29, a local government is required to participate in and comply with the City of Perth scheme.\n\n(3) A local government whose employee is a person to whom this section applies must, in respect of that employee, continue to 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 do if the person were its employee.\n\n(4) Subsection (3) ceases to apply in respect of a local government’s employee if the employee elects to become a member of the industry scheme.\n\n[Section 23 amended: No. 14 of 2025 s. 15(2).]\n\n### Division 3 — Miscellaneous\n\n##### 24. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for achieving the objects and giving effect to the purposes of this Act.\n\n### Division 4 — Transitional and savings provisions\n\n##### 25. Transitional regulations\n\n(1) In this section —\n\nspecified means specified or described in the regulations;\n\ntransitional matter —\n\n(a) means a matter or issue of a transitional nature that arises as a result of —\n\n(i) the enactment of this Act; or\n\n(ii) the repeal of the *City of Perth Restructuring Act 1993*;\n\nand\n\n(b) includes a saving or application matter.\n\n(2) If there is not sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.\n\n(3) Regulations made under subsection (2) may provide that specified provisions of a written law —\n\n(a) do not apply to or in relation to any matter; or\n\n(b) apply with specified modifications to or in relation to any matter.\n\n(4) If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the day this section comes into operation, the regulations have effect according to their terms.\n\n(5) If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as —\n\n(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or\n\n(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.\n\n(6) Regulations made under subsection (2) in relation to a matter referred to in subsection (3) must be made within whatever period is reasonably and practicably necessary to deal with a transitional matter.\n\n## Part 4 — Repeal and amendments to other Acts\n\n### Division 1 — Repeal\n\n##### 26. *City of Perth Restructuring Act 1993* repealed\n\nThe *City of Perth Restructuring Act 1993* is repealed.\n\n### Division 2 — *Botanic Gardens and Parks Authority Act 1998* amended\n\n##### 27. Act amended\n\nThis Division amends the *Botanic Gardens and Parks Authority Act 1998*.\n\n##### 28. Section 44A inserted\n\nAt the beginning of Part 8 insert:\n\n44A. Executive Director, Public Health responsible for public health matters\n\n(1) In this section —\n\nExecutive Director, Public Health has the meaning given in the *Health Act 1911* section 3;\n\npublic health means the health of individuals in the context of —\n\n(a) the wider health of the community; and\n\n(b) the combination of safeguards, policies and programmes designed to protect, maintain, promote and improve the health of individuals and their communities and to prevent and reduce the incidence of illness and disability.\n\n(2) For the purposes of protecting, promoting and improving public health in relation to any designated land, the Executive Director, Public Health has all the powers and authority of a local government under the *Local Government Act 1995* as if —\n\n(a) the designated land were a district for the purposes of that Act; and\n\n(b) the Executive Director, Public Health were the local government for that district.\n\n(3) The power and authority conferred on the Executive Director, Public Health by subsection (2) includes the power to make and enforce local laws under the *Local Government Act 1995*.\n\n(4) However —\n\n(a) nothing in the *Local Government Act 1995* Part 3 Division 2 Subdivision 2 (other than sections 3.12(5) and (8), 3.14(1) and 3.15) applies to or in respect of the making of local laws by the Executive Director, Public Health; and\n\n(b) before making local laws, the Executive Director, Public Health must consult with the Authority, and consider any advice provided by the Authority.\n\n(5) If there is a conflict or inconsistency between a local law made by the Executive Director, Public Health under subsection (2) and a local law made by a local government under the *Local Government Act 1995* or any other Act, the local law made by the Executive Director, Public Health prevails to the extent of the conflict or inconsistency.\n\n##### 29. Section 53A inserted\n\nAfter section 52 insert:\n\n53A. Local laws do not apply to King’s Park\n\n(1) No local law applies to or in respect of King’s Park.\n\n(2) This section does not apply to or in respect of any local law made by the Executive Director, Public Health under section 44A(2).\n\n### Division 3 — *Local Government Act 1960* Part VIA amended\n\n##### 30. Act amended\n\n(1) This Division amends the *Local Government Act 1960* Part VIA (as continued in operation by the *Local Government Act 1995* Schedule 9.3 clause 16, and amended by the *Local Government (Amendment of Part VIA ‑ Employee Superannuation) Regulations 2006*).\n\n(2) The amendment of the *Local Government Act 1960* Part VIA by this Division does not prevent that Part from being amended by regulations made under the *Local Government Act 1995*.\n\n##### 31. Section 170B amended\n\nIn section 170B(3) delete “section 29 of the *City of Perth Restructuring Act 1993*,” and insert:\n\nthe *City of Perth Act 2016* section 23,\n\n##### 32. Section 170C amended\n\nIn section 170C(1) delete “section 29 of the *City of Perth Restructuring Act 1993*,” and insert:\n\nthe *City of Perth Act 2016* section 23,\n\n### Division 4 — *Local Government Act 1995* amended\n\n##### 33. Act amended\n\nThis Division amends the *Local Government Act 1995*.\n\n##### 34. Section 5.78 amended\n\nIn section 5.78(1) delete “5.82, 5.83,”.\n\n##### 35. Section 5.82 amended\n\n(1) Delete section 5.82(1) and insert:`\n\n(1A) A relevant person is to disclose each gift received by the person.\n\n(1B) The disclosure is to be made in writing to the CEO.\n\n(1C) The disclosure is to be made within 10 days of receipt of the gift by the relevant person.\n\n(1) The disclosure is to include the following —\n\n(a) a description of the gift;\n\n(b) the name and address of the person who made the gift;\n\n(c) the date on which the gift was received;\n\n(d) the estimated value of the gift at the time it was made;\n\n(e) the nature of the relationship between the relevant person and the person who made the gift.\n\n(2) In section 5.82(2):\n\n(a) delete “in a return”;\n\n(b) in paragraph (a)(i) delete “the return period; and” and insert:\n\na year; and\n\n##### 36. Section 5.83 amended\n\n(1) Delete section 5.83(1) and insert:\n\n(1A) A relevant person is to disclose each financial or other contribution that has been made to any travel undertaken by the person.\n\n(1B) The disclosure is to be made in writing to the CEO.\n\n(1C) The disclosure is to be made within 10 days of receipt of the contribution by the relevant person.\n\n(1) The disclosure is to include the following —\n\n(a) a description of the contribution;\n\n(b) the name and address of the person who made the contribution;\n\n(c) the date on which the contribution was received;\n\n(d) the estimated value of the contribution at the time it was made;\n\n(e) the nature of the relationship between the relevant person and the person who made the contribution;\n\n(f) a description of the travel;\n\n(g) the date of travel.\n\n(2) In section 5.83(2):\n\n(a) delete “in a return”;\n\n(b) in paragraph (d)(i) delete “the return period; and” and insert:\n\na year; and\n\n##### 37. Sections 5.89A and 5.89B inserted\n\nAfter section 5.88 insert:\n\n5.89A. Register of gifts and contributions to travel\n\n(1) A CEO is to keep a register of gifts and contributions to travel.\n\n(2) The register is to contain a record of the disclosures made under sections 5.82 and 5.83.\n\n(3) The register is to be in the form that is prescribed (if any).\n\n(4) The CEO is to make the register available for public inspection.\n\n(5) The CEO is to publish the register on the local government’s official website.\n\n(6) As soon as practicable after a person ceases to be a person who is required under section 5.82 or 5.83 to make a disclosure, the CEO is to remove from the register all records relating to that person.\n\n(7) Disclosures made under section 5.82 or 5.83 and removed from the register under subsection (6) are, for a period of at least 5 years after the person who made the disclosure ceases to be a person required under section 5.82 or 5.83 to make a disclosure —\n\n(a) to be kept by the CEO; and\n\n(b) to be made available for public inspection.\n\n5.89B. Offence to fail to disclose under sections 5.82 and 5.83\n\nA relevant person must comply with the requirements of sections 5.82 and 5.83 in relation to the disclosure of information.\n\nPenalty: a fine of $10 000 or imprisonment for 2 years.\n\n##### 38. Section 5.89 amended\n\nIn section 5.89 delete “5.70 or 5.71” and insert:\n\n5.70, 5.71, 5.82 or 5.83\n\n##### 39. Section 9.25 amended\n\nIn section 9.25(1) after “5.78,” insert:\n\n5.89B,\n\nSchedule 1 — Map of City of Perth (effective 1 July 2016) (indicative only)\n\n[s. 18(2)]\n\n![]()\n\n![]()\n\nNotes\n\nThis is a compilation of the *City of Perth Act 2016* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *City of Perth Act 2016* | 2 of 2016 | 3 Mar 2016 | Pt 1: 3 Mar 2016 (see s. 2(a));   Act other than Pt. 1: 4 Mar 2016 (see s. 2(b)) |\n| *Local Government Amendment Act 2023* Pt. 3 Div. 1 | 11 of 2023 | 18 May 2023 | 1 Jul 2023 (see s. 2(d) and SL 2023/92 cl. 2(a)) |\n| *Statutes (Repeals and Minor Amendments) Act 2025* s. 15 | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAuthority 3\n\nCity of Perth 3\n\nCity of Perth Council 3\n\nCity of Perth scheme 23(1)\n\nCommittee 3\n\ncouncillor 3\n\nDeposited Plan 3\n\nemployee 23(1)\n\nemployer 23(1)\n\nindustry scheme 23(1)\n\nLord Mayor 3\n\nMinister for Local Government 12(2)\n\nsection 2.1 order 21(1)\n\nspecified 25(1)\n\ntransitional matter 25(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This version expanded beyond a narrow reconstitution and boundary‑setting measure in several concrete ways.  Notable scope extensions include: (1) new transparency and enforcement provisions inserted into the Local Government Act requiring rapid disclosure of gifts and travel contributions, a publicly published register and a new criminal offence with a substantial penalty (Div 4, ss 35–39); (2) creation of an ongoing State–City Committee with senior State membership and a statutory role in promoting planning integration and development process simplification (ss 12–15, 13(d)); and (3) transferring certain regulatory authority over King’s Park to the Executive Director, Public Health and excluding local laws except those made by that official (Part 4 Div 2, ss 28–29).  These additions shift the Act’s scope from merely continuing and redrawing a local government to also embedding State oversight, new integrity/compliance regimes for local officeholders, and centralised control over specified public land."},"complexity_factors":["Multiple cross‑references to the Local Government Act 1995, with explicit precedence where inconsistent (s 5) and treated as if certain orders under that Act were made (s 21)","Boundary definitions by reference to external deposited plans and a map (s 18, Schedule 1) creating reliance on non‑textual materials","Restriction that future boundary changes require an Act of Parliament (s 16) combined with s 21(3) exceptions — a legal lock with limited exceptions","Insertion of new disclosure, register and offence provisions into the Local Government Act (inserted ss 5.82–5.83, 5.89A–B) with new timelines and a criminal penalty","Amendments to a separate statute giving public‑health officials local‑government powers and conflict‑of‑law rules for King’s Park (Botanic Gardens and Parks Authority Act amendments, ss 28–29)","Transitional and savings provisions that allow regulations to operate retrospectively within limits (s 25) and preserve superannuation rights (s 23) — layered transitional complexity","Committee composition involves State and City officials with meeting and procedural flexibility, but functions are broadly framed (ss 12–15, 13) creating open‑ended administrative scope","Defined terms list (around 11 defined terms in s 3 and s 23) and multiple defined term usages across Parts","Repeal of prior Act and consequential amendments across multiple Acts (Part 4) requiring reading across several statutes","Nested qualifications and exceptions (e.g., King's Park exceptions in s 18(3); interaction between s 21(2) and s 21(3))"],"plain_english_summary":"**What this law does (short):**\n\n- Continues the City of Perth as a local government (a \"city\") and redraws its boundaries so the City of Perth, City of Nedlands and City of Subiaco have new district lines effective 1 July 2016 (ss 6, 18, 19).  It also makes it so future changes to the Perth boundaries can only be made by an Act of Parliament (s 16). \n\n**Who is affected:**\n\n- Residents, ratepayers and visitors in the City of Perth (and parts of Nedlands and Subiaco that move between districts) because their local council, voting area and rate base are altered (ss 8, 18, 19).  \n- The Lord Mayor and councillors (roles and duties restated at ss 9–11).  \n- The State Government (Premier and Ministers) and the City of Perth via a new City of Perth Committee that brings senior State officials and the Lord Mayor together (ss 12–15).  \n- People and organisations involved in development and planning in the Perth CBD, because the Committee is given a statutory role in identifying and promoting integration and simplification of development processes (s 13).  \n- Users and managers of King’s Park and the Botanic Gardens Authority because the Act changes which local laws apply to that land and gives public‑health officials specific powers (Div 2 of Part 4; ss 28–29).  \n- Elected members and other \"relevant persons\" under the Local Government Act due to new mandatory disclosure and public register rules for gifts and travel contributions and a criminal penalty for non‑disclosure (see amendments to Local Government Act 1995, ss 35–39 as inserted).\n\n**Key mechanical changes and how they work:**\n\n- City status, composition and roles: The City of Perth is expressly continued as a body corporate; the council is to consist of a Lord Mayor and eight councillors (s 6, s 9).  The Lord Mayor’s ceremonial, ambassadorial and leadership functions are set out (s 10); councillors’ representative and oversight roles are restated (s 11).  These restatements sit alongside — and do not replace — the general Local Government Act 1995 rules (s 5, s 11(3)).\n\n- Boundaries fixed by statute and mapped: The district boundaries that take effect from 1 July 2016 are defined by reference to deposited plans and an illustrative map (s 18 and Schedule 1).  After that date any further change to the Perth boundaries can only be made by Parliament (s 16).  The Act also treats the constitution and boundary changes as if made by the Governor under the Local Government Act so other statutory consequences flow (s 21).  However, the Governor cannot by order abolish Perth, divide it into wards, or change its boundaries (s 21(3)).\n\n- City of Perth Committee: A standing State–City committee is created with the Premier (or a nominated Minister) as Chair and membership that includes the Minister for Local Government, the Lord Mayor, Deputy Lord Mayor, the City CEO and the relevant State department CEO (s 12).  Its statutory functions are collaborative and advisory: facilitating State–City collaboration, promoting economic and cultural development of the CBD, identifying ways to integrate planning and simplify development application processes, and assisting handover arrangements for State projects (s 13).  The Committee must meet at least twice a year and may set its own procedure (ss 14–15).\n\n- King’s Park and public health powers: The Act amends the Botanic Gardens and Parks Authority Act to give the Executive Director, Public Health statutory powers to exercise local‑government powers (including making and enforcing local laws) for the purpose of protecting public health on \"designated land\" (s 28).  The Act also provides that no local law applies to King’s Park except local laws made by that Executive Director (s 29).  Where those public‑health local laws conflict with a local government law, the public‑health law prevails to the extent of the inconsistency (s 28(5)).\n\n- Transparency and disclosure changes (Local Government Act amendments): The Act amends the Local Government Act to require \"relevant persons\" to disclose in writing each gift and each contribution to travel within 10 days, to file details with the CEO, and for the CEO to keep a publicly inspectable register that is published online (inserted ss 5.82, 5.83, 5.89A).  There is a new criminal offence and penalty for failing to comply: up to $10,000 or 2 years' imprisonment (inserted s 5.89B) (Div 4, Part 4; ss 35–37).  These changes increase disclosure frequency, shorten filing deadlines and require ongoing public publication.\n\n- Repeals and preservation of rights: The earlier City of Perth Restructuring Act 1993 is repealed (s 26).  Transitional provisions preserve certain superannuation rights for people who moved employment between local governments as a result of the earlier restructuring, by requiring other local governments to continue participation in the City of Perth scheme for those employees unless they opt into an industry scheme (s 23).  Regulations may be made for other transitional matters (ss 24–25).\n\n**Stated purposes and how they map to concrete mechanisms:**\n\n- The Act declares objects such as recognising Perth’s role as the State capital, promoting economic and cultural development, and facilitating State–City collaboration (s 4, s 8).  The practical mechanisms to pursue those objects are: statutory recognition of the City and its objects (ss 6–8), creation of a State–City Committee with senior members of State government and City officials (ss 12–15, 13(d)–(e) on planning and State projects), and statutory change to boundaries to consolidate the City (ss 18–19, 16).  \n\n- Transparency and integrity: The Local Government Act amendments (ss 35–39) operationalise an objective of stronger public accountability by imposing specific disclosure timelines, a publicly available register and criminal sanctions (inserted ss 5.82, 5.83, 5.89A–B).\n\n**Costs, incentives, trade‑offs and risks:**\n\n- Political and administrative cost of boundary changes: Requiring future boundary changes to be done only by Act of Parliament (s 16) shifts decisions from administrative processes (Governor’s orders under the Local Government Act) to the legislative arena.  That raises the political cost of change, reduces administrative flexibility, and concentrates decision‑making at State level (s 21(3)).  Who decides becomes Parliament (and effectively Ministers), not the Local Government Advisory Board or Governor in Council (compare s 21(2) with s 21(3)).\n\n- Concentrated benefits, diffuse costs: Redrawing boundaries and insulating them from administrative change can benefit the City of Perth (and those who want the City to retain certain land or functions) while imposing diffuse costs on residents of neighbouring districts who may have preferred different alignments.  The Act gives the City legal continuity and a particular status (ss 6–8, 18), which is a concentrated legal protection.\n\n- State oversight vs local autonomy: The Committee statutoryises regular, high‑level State involvement (Premier/Minister membership) in City matters (ss 12–15).  That creates a mechanism for faster State–City coordination (a potential benefit) but also increases State influence over local planning priorities and integration (s 13).  The Committee’s functions are facilitative and advisory; it is not given direct planning decision power, but it can identify ways to streamline processes (s 13(d)).\n\n- Administrative/compliance burden on officeholders: The new disclosure obligations shorten reporting timeframes (disclosure within 10 days) and require publication.  CEOs must maintain and publish registers and retain records for at least five years after a person ceases office (inserted ss 5.82–5.83 and 5.89A).  That increases administrative work for councils and CEOs, and creates criminal exposure for individuals who fail to disclose (inserted s 5.89B).  The Act does not define in this text exactly who qualifies as a \"relevant person\"; that term is found in the Local Government Act (see amendments at Div 4).\n\n- Legal enforceability: The Act’s statements of objects for the City are expressly non‑justiciable — they do not create court‑enforceable rights or obligations (s 8(2)(b)–(c)).  That means the objects are guidance rather than legally enforceable standards.\n\n- Centralisation of regulation for King’s Park: By removing the application of local laws to King’s Park except for laws made by the Executive Director, Public Health (s 29), and by giving that official local‑government powers for public health purposes (s 28), the Act centralises regulatory control over the park.  That can produce uniform public‑health regulation but also reduces the City’s direct regulatory control of activity in King’s Park and may affect private event or commercial activity there.\n\n**Implementation levers and discretion:**\n\n- The Governor (Executive) can make regulations for matters the Act leaves to regulation (s 24) and transitional regulations can have retrospective effect where permitted (s 25), subject to protections against prejudicing private rights (s 25(4)–(5)).  The Committee may set its own procedure and meet at the Premier’s direction (ss 14–15).  CEOs exercise discretion in maintaining registers and publishing them (inserted s 5.89A).\n\n**Effects on private enterprise and independence of business actors:**\n\n- Development and planning: The Committee’s statutory mandate to identify and promote simplification of development application processes (s 13(d)) intends to reduce regulatory friction that affects developers, property owners and construction businesses.  The Committee’s recommendations are not automatic law; they depend on follow‑through by State agencies and the City.\n\n- King’s Park regulation: Private commercial or event activity in King’s Park may be affected by public‑health laws made by a State official that override local laws (ss 28–29).  That centralisation changes who grants permissions and sets conditions for use of that public land.\n\n- Disclosure regime: The tighter gift and travel disclosure rules and publication may deter certain commercial hospitality or travel offers to officeholders, or at least make them publicly visible; compliance costs fall on council officers and CEOs.\n\n**Practical takeaway:**\n\n- The Act is primarily about keeping and re‑constituting the City of Perth with defined boundaries, formalising Perth’s special status as the State capital, creating a statutory State–City collaborative Committee, and changing who regulates King’s Park for public‑health purposes.  It also strengthens disclosure and public‑access requirements for gifts and travel contributions by local officeholders and inserts significant compliance obligations and penalties.  Many operational effects (planning integration, regulatory detail, transitional arrangements) are to be handled by regulations or by the Committee and existing local government machinery (ss 13, 24–25)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the governance framework for the City of Perth as the capital city, redefining its boundaries, and facilitating state-local collaboration. The amendments to disclosure requirements in the Local Government Act 1995 (sections 34-39) are consequential but within the scope of good governance for the capital city context. No significant scope creep detected."},"complexity_factors":["Multiple cross-references to the Local Government Act 1995 and other statutes (Botanic Gardens and Parks Authority Act 1998, Local Government Act 1960, Land Administration Act 1997, etc.)","Nested conditional logic in transitional provisions (section 25) with retrospective effect safeguards","Technical boundary definitions relying on external Deposited Plans (404450, 405529, 405530) rather than textual descriptions","Dual commencement dates (Part 1 vs rest of Act) creating temporal jurisdictional issues","Complex superannuation preservation mechanism in section 23 referencing Commonwealth Superannuation Industry (Supervision) Act","Specific exclusion of standard Local Government Act procedures for the Lord Mayor election (section 20) and Committee procedures (section 15)","Carve-outs for King's Park status (section 18(3)) and public health powers (section 44A) creating overlapping jurisdictional boundaries"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the rules for how the City of Perth (Perth's local council) operates, recognising its special status as the capital city of Western Australia.\n\n**Key things it covers:**\n\n*   **Keeps the City of Perth running:** It continues the City of Perth as a local government body, but redraws its boundaries (effective from 1 July 2016). From that date, the boundary can only be changed by a new Act of Parliament — not by the usual administrative processes.\n*   **Recognises Perth as the capital:** It formally states that Perth is the capital of WA, and gives the City of Perth special objectives focused on representing the state nationally and internationally, promoting economic growth, and balancing civic, cultural and environmental needs.\n*   **Sets up the Council structure:** The Council has a **Lord Mayor** (elected directly by voters) and 8 councillors. The Lord Mayor has a special \"ambassador\" role hosting international delegations and attending civic functions, plus specific leadership duties.\n*   **Creates a City of Perth Committee:** This is a collaboration body with state government ministers, the Lord Mayor, and senior officials. It meets at least twice yearly to coordinate between the State and the City on planning, development and growth strategies.\n*   **Protects superannuation rights:** It preserves the pension/superannuation rights of former City of Perth employees who moved to other councils.\n*   **Amends other laws:** It makes changes to the *Local Government Act 1995* (tightening rules on gifts and travel disclosures for councillors), the *Botanic Gardens and Parks Authority Act 1998* (giving public health officials powers in parks, and exempting King's Park from local laws), and repeals the old *City of Perth Restructuring Act 1993*.\n\n**Who it affects:**\n\n*   Residents and ratepayers of the City of Perth\n*   The Lord Mayor and councillors of Perth\n*   The neighbouring councils of Nedlands and Subiaco (whose boundaries also change)\n*   State government ministers and officials who sit on the Committee\n*   Former City of Perth employees with superannuation in the old scheme\n\n**Why it matters:**\n\nThis law treats Perth differently from other WA councils because it's the capital. It locks in the city's boundaries (preventing future tinkering without parliamentary approval), elevates the Lord Mayor's role as a state and international representative, and creates a formal channel for the State Government and City Council to work together on big-picture planning."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-perth-act-2016","history":"/api/acts/city-of-perth-act-2016/history","analysis":"/api/acts/city-of-perth-act-2016/analysis","conflicts":"/api/acts/city-of-perth-act-2016/conflicts","importantCases":"/api/acts/city-of-perth-act-2016/important-cases","documents":"/api/acts/city-of-perth-act-2016/documents"}}