Extractive Industries Local Law 2017
2156GOVERNMENT GAZETTE, WA 12 April 2017
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2156 GOVERNMENT GAZETTE, WA 12 April 2017 16.2 Limitations on powers to revoke or change decisions (1) Subject to subclause (2), the Council or a committee are not to consider a motion to revoke or change a decision— (a) where, at the time the motion is moved or notice is given, any action has been taken under clause 16.3 to implement the decision; or (b) where the decision is procedural in its form or effect. (2) The Council or a committee may consider a motion to revoke or change a decision of the kind described in subclause (1)(a) if the motion is accompanied by a written statement of the legal and financial consequences of carrying the motion. 16.3 Implementing a decision (a) authorisation means a licence, permit, approval or other means of authorising a person to do anything; (b) implement, in relation to a decision, includes— (i) to communicate notice of the decision to a person affected by, or with an interest in, the decision; and (ii) to take any other action to give effect to the decision; and (c) valid notice of revocation motion means a notice of motion to revoke or change a decision that complies with the requirements of the Act, Regulations and the local law and may be considered, but has not yet been considered, by the Council or a committee as the case may be. (2) The Council or a committee may, by resolution carried at the same meeting at which a decision was made, direct the CEO or another person to take immediate action to implement the decision. (3) A decision made at a meeting is not to be implemented by the CEO or any other person— (a) if, before commencing any implementation action, the CEO or that person is given a valid notice of revocation motion; and (b) unless and until the valid notice of revocation motion has been determined by the Council or the committee as the case may be. PART 17—SUSPENSION OF LOCAL LAW 17.1 Suspension of local law (1) A Member may at any time move that the operation of one or more of the provisions of this local law be suspended. (2) A Member moving a motion under subclause (1) is to state the reasons for the motion but no other discussion is to take place. (3) A motion under subclause (1) which is— (a) seconded; and (b) carried by an absolute majority, is to suspend the operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise. 17.2 Where local laws do not apply (1) In situations where— (a) one or more provisions of this local law have been suspended; or (b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member is to decide questions relating to the conduct of the meeting. (2) The decision of the Presiding Member under subclause (1) is final, except where a motion is moved and carried under clause 11.10. 17.3 Cases not provided for in local law The Presiding Member is to decide questions of order, procedure, debate, or otherwise in cases where this local law, the Act or the Regulations are silent. The decision of the Presiding Member in these cases is final, except where a motion is moved and carried under clause 11.10. PART 18—MEETINGS OF ELECTORS 18.1 Electors’ general meetings Electors’ general meetings are dealt with in the Act. 18.2 Matters for discussion at electors’ general meetings The matters to be discussed at electors’ general meetings are dealt with in the Regulations. 18.3 Electors’ special meetings Electors’ special meetings are dealt with in the Act.