What it does
The Local Government (Miscellaneous Provisions) Act 1960 (WA) is a compilation that reveals its own history of contraction. Enacted as a broad local government statute, its surviving operative provisions perform two distinct functions.
The first function, located in s. 364, authorises local governments to prescribe new street alignments by local law made under the Local Government Act 1995. Once the local law is no longer liable to disallowance by Parliament, written notice must be served on affected owners and the relevant land titles registrars (s. 364(2)). Building operations on the affected land are then restricted: no person may commence construction, reconstruction, extension or repair (other than minor repairs approved by the local government) without approval (s. 364(3B)–(3C)). Where the land between the old and new alignment is vacant or is cleared of buildings, it is automatically dedicated as part of the street and revested in the Crown under s. 55 of the Land Administration Act 1997 (s. 364(5)). The local government must pay compensation limited to the depreciation in value of the remainder of the owner’s land (s. 364(7)), with any dispute as to quantum or the date of clearing determined by arbitration under the Commercial Arbitration Act 2012 (s. 364(8) and s. 684). If the new alignment provisions do not apply, the land simply remains under owner control until acquired, with no compensation payable until that time (s. 364(11)).
The second and far more extensive function occupies virtually all of Part XX (ss. 447–485). The Part creates a self-contained code for the control of trespassing “cattle” — a term that, on the face of the schedules and definitions, includes horses, camels, bulls, cows, sheep, goats, pigs and poultry. Local governments are deemed to be the owner and occupier of all streets, reserves, bridges, foreshores and unfenced abutting land for the purposes of the Part (s. 447). They may establish and maintain public pounds, appoint poundkeepers and rangers, and give local public notice of these appointments (ss. 449–450). Detailed construction and operational standards are imposed: pounds must be enclosed, segregate diseased stock, remain clean, provide twice-daily feeding before 9 am and after 4 pm, and supply constant wholesome water and shelter (ss. 452–453).