Section 218CD - Local Government Act 1993 - De-amalgamation of amalgamated areas

218CDDe-amalgamation of amalgamated areas

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218CD De-amalgamation of amalgamated areas

(1) An amalgamated council may, in accordance with this section and Schedule 10, give the Minister—

(a) a written business case (the business case) setting out—

(i) a proposal for the de-amalgamation of the amalgamated area by reconstituting the former areas, and

(ii) the reasons in support of the proposal, and

(iii) other information specified in Schedule 10, clause 3, and

(b) a request that the Minister approve the holding of a de-amalgamation constitutional referendum about the proposal.

(2) The Minister must refer the business case for examination and report to the Boundaries Commission.

Note—

Under section 263(2), the Boundaries Commission may, for the purpose of exercising its functions, hold an inquiry if the Minister approves, and must hold an inquiry if the Minister directs, but may not otherwise hold an inquiry.

(3) Without limiting subsection (2) or section 263, the Boundaries Commission may recommend in its report that—

(a) the de-amalgamation proposal be supported, or

(b) the de-amalgamation proposal be rejected, or

(c) a different de-amalgamation proposal be supported.

(4) The Minister must ensure that the Boundaries Commission’s report is publicly released within 48 hours after it is provided to the Minister.

(5) The Minister must, after the Boundaries Commission’s report is given to the Minister, give a written response to the amalgamated council setting out whether or not the Minister approves the holding of a referendum about—

(a) the de-amalgamation proposal, or

(b) a different de-amalgamation proposal recommended by the Boundaries Commission.

(6) The Minister must consult with the following—

(a) the Electoral Commissioner, before approving the holding of a referendum,

(b) the amalgamated council, before making a decision about the holding of a referendum if the Boundaries Commission in its report has recommended that a different de-amalgamation proposal be supported.