Schedule 3.1 — Powers under notices to owners or occupiers of land
[Section 3.25(1)]
Division 1 — Things a notice may require to be done
Prevent water from dripping or running from a building on the land onto any other land.
Place in a prominent position on the land a number to indicate the address.
Modify or repair, in the interests of the convenience or safety of the public, anything constructed as mentioned in Schedule 9.1, clause 8, or repair any damage caused to the public thoroughfare or other public place mentioned in that clause.
(1) Ensure that land that adjoins a public thoroughfare or other public place that is specified for the purposes of this item by a local law —
(a) is suitably enclosed to separate it from the public place; and
(b) where applicable, is enclosed with a close fence, to the satisfaction of the local government, suitable to prevent sand or other matter coming from the land onto the public place.
(2) The notice cannot be given to an occupier who is not an owner.
(1) Ensure that unsightly land is enclosed, to the satisfaction of the local government, with a fence or other means suitable to prevent the land, so far as is practicable, from being unsightly.
unsightly, in relation to land, means having an appearance that, because of the way in which the land is used, does not conform with the general appearance of other land in the locality.
(3) The notice cannot be given to an occupier who is not an owner.
5A. (1) Ensure that overgrown vegetation, rubbish, or disused material, as specified, is removed from land that the local government considers to be untidy.
disused material includes disused motor vehicles, old motor vehicle bodies and old machinery.
[5B. Deleted: No. 16 of 2016 s. 41.]
Take specified measures for preventing or minimising the movement of sand, silt, clay or rocks on or from the land if, in the opinion of the local government, that movement would be likely to adversely affect other land.
Ensure that land that adjoins a public thoroughfare or other public place that is specified for the purposes of this item by a local law is not overgrown.
Remove all or part of a tree that is obstructing or otherwise prejudicially affecting a thoroughfare that is under the local government’s control or management and adjoins the land where the tree is situated.
Ensure that a tree on the land that endangers any person or thing on adjoining land is made safe.
Take specified measures for preventing or minimizing —
(a) danger to the public; or
(b) damage to property,
which might result from cyclonic activity.
Remove bees that are likely to endanger the safety of any person or create a serious public nuisance.
Ensure that an unsightly, dilapidated or dangerous fence or gate that separates the land from land that is local government property is modified or repaired.
Take specific measures to prevent —
(a) artificial light being emitted from the land; or
(b) natural or artificial light being reflected from something on the land,
creating a nuisance.
(1) Remove or make safe anything that is obstructing or otherwise prejudicially affecting a private thoroughfare so that danger to anyone using the thoroughfare is prevented or minimised.
private thoroughfare has the same meaning as in Schedule 9.1 clause 7(1).
[Division 1 amended: Gazette 29 Apr 1997 p. 2144; amended: No. 49 of 2004 s. 72; No. 17 of 2009 s. 46; No. 16 of 2016 s. 41.]
Division 2 — Provisions contraventions of which may lead to a notice requiring things to be done
Regulations under Schedule 9.1, clause 3 (Obstructing or encroaching on public thoroughfare).
1A. Regulations under Schedule 9.1, clause 5(1) (Gates and other devices across public thoroughfares) requiring a person to remove a gate or other device from across a public thoroughfare when requested by a local government to do so.
Regulations under Schedule 9.1, clause 6 (Dangerous excavation in or near public thoroughfare).
2A. Regulations under Schedule 9.1, clause 7(2) (Crossings from public thoroughfares to private land or to private thoroughfares) that —
(a) prohibit a person from constructing a crossing; or
(b) by means of a notice in writing given to a person by the Commissioner of Main Roads, require the person to bring a crossing into accordance with an approval by the Commissioner of Main Roads or to remove a crossing and restore the place where it was to its former condition.
Regulations under Schedule 9.1, clause 8(1) (Constructing private works on, over, or under public places).
Regulations under Schedule 9.1, clause 9 (Protection of watercourses, drains, tunnels and bridges).
Regulations under Schedule 9.1, clause 10 (Protection of thoroughfares from water damage).
Regulations under Schedule 9.1, clause 12 (Wind erosion and sand drifts).
[Division 2 amended: Gazette 24 Jun 1996 p. 2862.]
Schedule 3.2 — Particular things local governments can do on land even though it is not local government property
[Section 3.27(1)]
Carry out works for the drainage of land.
Do earthworks or other works on land for preventing or reducing flooding.
Take from land any native growing or dead timber, earth, stone, sand, or gravel that, in its opinion, the local government requires for making or repairing a thoroughfare, bridge, culvert, fence, or gate.
Deposit and leave on land adjoining a thoroughfare any timber, earth, stone, sand, gravel, and other material that persons engaged in making or repairing a thoroughfare, bridge, culvert, fence, or gate do not, in the local government’s opinion, require.
Make a temporary thoroughfare through land for use by the public as a detour while work is being done on a public thoroughfare.
Place on land signs to indicate the names of public thoroughfares.
Make safe a tree that presents serious and immediate danger, without having given the owner the notice otherwise required by regulations.
[8. Deleted: No. 16 of 2016 s. 42.]
[Schedule 3.2 amended: No. 17 of 2009 s. 47; No. 16 of 2016 s. 42.]
Schedule 4.1A — Filling extraordinary vacancy without extraordinary election
[s. 4.8]
former member means the councillor or elector mayor or president referred to in clause 2(1)(a);
vacancy day has the meaning given in clause 2(1)(c);
working day means a day other than —
(a) a Saturday or Sunday; or
(b) a public holiday throughout the State; or
(c) a public holiday in an area that is or includes the district or any part of the district.
[Clause 1 inserted: No. 11 of 2023 s. 91.]
Division 2 — Application of Schedule
Certain extraordinary vacancies to be filled under Schedule instead of by extraordinary election
(1) Subclauses (2) to (5) apply if —
(a) the office of a councillor, or of an elector mayor or president, becomes vacant under section 2.32; and
(b) the former member —
(i) was elected under Schedule 4.1 clause 2, 4 or 5 or under Schedule 4.1 Division 3; or
(ii) was elected under clause 6, 9 or 12 of this Schedule;
and
(c) the office becomes vacant on a day (the vacancy day) that is within the period of 12 months beginning on the day on which the former member’s term began; and
(d) none of the following applies —
(i) any poll needed for the extraordinary election to fill the vacancy must be held on an ordinary elections day under section 4.16(2) or (3);
(ii) the council may, with the approval of the Electoral Commissioner, fix an ordinary elections day as the day for the holding of any poll needed for the extraordinary election to fill the vacancy under section 4.16(4);
(iii) the vacancy must remain unfilled under section 4.17(1);
(iv) the council may, with the approval of the Electoral Commissioner, allow the vacancy to remain unfilled under section 4.17(2);
and
(e) the vacancy is not required to be filled under Schedule 4.1B.
(2) The CEO must proceed under the applicable provisions of Division 3, 4 or 5 to determine whether the vacancy can be filled under this Schedule.
(3) In so proceeding, the CEO is bound by any applicable declaration made under clause 19.
(4) If the vacancy is filled, the CEO must declare, and give notice of, the election in accordance with regulations.
(5) If the vacancy cannot be filled, the CEO must notify the council.
(6) For the purposes of this Schedule, an office is taken to become vacant under section 2.32(1)(b) when the CEO receives notice of the resignation —
(a) even if the resignation takes effect on a later day; but
(b) not if that later day is after the 12‑month period referred to in subclause (1)(c).
Note for this clause:
If a person who is a councillor on a council is elected under this Schedule to fill the office of elector mayor or president on the council, the person’s office as councillor becomes vacant under section 2.32(1)(f) accordingly.
[Clause 2 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153.]
Division 3 — One office elections
Subdivision 1 — One office election: 2 candidates
Application of Subdivision
This Subdivision applies if the former member was elected under Schedule 4.1 clause 2.
[Clause 3 inserted: No. 11 of 2023 s. 91.]
Filling of vacancy by unsuccessful candidate
(1) Within 5 working days after the vacancy day, the CEO must notify the candidate who was not elected at the election (the unsuccessful candidate) —
(b) that the unsuccessful candidate may fill the vacancy.
(2) If the unsuccessful candidate is notified under subclause (1), the unsuccessful candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(3) If the unsuccessful candidate notifies the CEO under subclause (2), the unsuccessful candidate is elected to the vacant office on the day after —
(i) the unsuccessful candidate was elected to a vacant office under Schedule 4.1B clause 2;
(ii) on the vacancy day, the unsuccessful candidate is a member of the council, unless the vacant office is that of elector mayor or president;
(iii) the unsuccessful candidate has died before the vacancy day;
(iv) the unsuccessful candidate does not notify the CEO under subclause (2);
(v) the unsuccessful candidate dies before the day on which they are elected under subclause (3);
or
[Clause 4 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Subdivision 2 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 4
Application of Subdivision
(1) This Subdivision applies if the former member was elected under Schedule 4.1 clause 4.
(2) In this Subdivision —
candidate —
(a) means a candidate in the election at which the former member was elected; but
(b) does not include —
(i) the former member; or
(ii) a candidate who was elected to a vacant office under Schedule 4.1B clause 3;
second placed candidate, subject to subclause (3), means the candidate —
(a) who is the only candidate; or
(b) who had the highest number of first‑preference votes of all the candidates;
third placed candidate, subject to subclause (3), means the candidate who had the second highest number of first‑preference votes of all the candidates.
(3) If 2 or more candidates had the same number of first‑preference votes and if the case requires it to be done, lots must be drawn, in accordance with regulations, to determine either or both of the following as the case requires —
(a) the candidate who is the second placed candidate;
(b) the candidate who is the third placed candidate.
[Clause 5 inserted: No. 11 of 2023 s. 91.]
Filling of vacancy by second placed candidate
(1) Within 5 working days after the vacancy day, the CEO must notify the second placed candidate —
(b) that the second placed candidate may fill the vacancy.
(2) If the second placed candidate is notified under subclause (1), the second placed candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(3) If the second placed candidate notifies the CEO under subclause (2), the second placed candidate is elected to the vacant office on the day after —
(i) on the vacancy day, the second placed candidate is a member of the council, unless the vacant office is that of elector mayor or president;
(ii) the second placed candidate has died before the vacancy day;
(iii) the second placed candidate does not notify the CEO under subclause (2);
(iv) the second placed candidate dies before the day on which they are elected under subclause (3);
or
[Clause 6 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Filling of vacancy by third placed candidate
(1) This clause applies only if the vacancy cannot be filled under clause 6.
(2) Within 15 working days after the vacancy day, the CEO must notify the third placed candidate —
(b) that the third placed candidate may fill the vacancy.
(3) If the third placed candidate is notified under subclause (2), the third placed candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(4) If the third placed candidate notifies the CEO under subclause (3), the third placed candidate is elected to the vacant office on the day after —
(i) there is no third placed candidate;
(ii) on the vacancy day, the third placed candidate is a member of the council, unless the vacant office is that of elector mayor or president;
(iii) the third placed candidate has died before the vacancy day;
(iv) the third placed candidate does not notify the CEO under subclause (3);
(v) the third placed candidate dies before the day on which they are elected under subclause (4);
or
[Clause 7 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Subdivision 3 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 5
Application of Subdivision
(1) This Subdivision applies if the former member was elected under Schedule 4.1 clause 5.
(2) In this Subdivision —
continuing candidate —
(a) means a candidate in the election who was a continuing candidate under Schedule 4.1 clause 5(8) for the purposes of the last count; but
(b) does not include —
(i) the former member; or
(ii) a candidate who was elected to a vacant office under Schedule 4.1B clause 4;
election means the election at which the former member was elected;
last count means the count under Schedule 4.1 clause 5(2)(d) on which the former member was elected;
second placed candidate, subject to subclauses (3) to (5), means the continuing candidate —
(a) who is the only continuing candidate; or
(b) who, on the last count, had the highest number of votes of all the continuing candidates;
third placed candidate, subject to subclauses (3) to (5), means the continuing candidate who, on the last count, had the second highest number of votes of all the continuing candidates.
(3) If 2 or more continuing candidates had the same number of votes on the last count and if the case requires it to be done, lots must be drawn, in accordance with regulations, to determine either or both of the following as the case requires —
(a) the continuing candidate who is the second placed candidate;
(b) the continuing candidate who is the third placed candidate.
(4) If there are no continuing candidates —
(a) the candidate in the election who was the last candidate to be excluded under Schedule 4.1 clause 5(2)(a) is to be the second placed candidate; and
(b) the candidate in the election who was the second last candidate to be excluded under Schedule 4.1 clause 5(2)(a) is to be the third placed candidate.
(5) If there is only 1 continuing candidate, the candidate at the election who was the last candidate to be excluded under Schedule 4.1 clause 5(2)(a) is to be the third placed candidate.
[Clause 8 inserted: No. 11 of 2023 s. 91.]
Filling of vacancy by second placed candidate
(1) Within 5 working days after the vacancy day, the CEO must notify the second placed candidate —
(b) that the second placed candidate may fill the vacancy.
(2) If the second placed candidate is notified under subclause (1), the second placed candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(3) If the second placed candidate notifies the CEO under subclause (2), the second placed candidate is elected to the vacant office on the day after —
(i) on the vacancy day, the second placed candidate is a member of the council, unless the vacant office is that of elector mayor or president;
(ii) the second placed candidate has died before the vacancy day;
(iii) the second placed candidate does not notify the CEO under subclause (2);
(iv) the second placed candidate dies before the day on which they are elected under subclause (3);
or
[Clause 9 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Filling of vacancy by third placed candidate
(1) This clause applies only if the vacancy cannot be filled under clause 9.
(2) Within 15 working days after the vacancy day, the CEO must notify the third placed candidate —
(b) that the third placed candidate may fill the vacancy.
(3) If the third placed candidate is notified under subclause (2), the third placed candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(4) If the third placed candidate notifies the CEO under subclause (3), the third placed candidate is elected to the vacant office on the day after —
(i) there is no third placed candidate;
(ii) on the vacancy day, the third placed candidate is a member of the council, unless the vacant office is that of elector mayor or president;
(iii) the third placed candidate has died before the vacancy day;
(iv) the third placed candidate does not notify the CEO under subclause (3);
(v) the third placed candidate dies before the day on which they are elected under subclause (4);
or
[Clause 10 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Division 4 — Elections of 2 or more councillors
Application of Division
(1) This Division applies if the former member was elected under Schedule 4.1 Division 3.
(2) In this Division —
candidate —
(a) means a candidate in the election; but
(b) does not include a candidate who was elected to a vacant office under Schedule 4.1B clause 5;
election means the election at which the former member was elected;
first unelected candidate, subject to subclauses (3) to (6), means the unelected candidate —
(a) who is the only unelected candidate; or
(b) who, when the last office to be filled at the election was filled, had the highest number of votes of all the unelected candidates;
second unelected candidate, subject to subclauses (3) to (6), means the unelected candidate who, when the last office to be filled at the election was filled, had the second highest number of votes of all the unelected candidates;
unelected candidate means a candidate who was neither elected nor excluded under Schedule 4.1 Division 3;
(3) If 2 or more unelected candidates had the same number of votes when the last office to be filled at the election was filled and if the case requires it to be done, subclause (4) must be applied for the purpose of determining either or both of the following as the case requires —
(a) the unelected candidate who is the first unelected candidate;
(b) the unelected candidate who is the second unelected candidate.
(4) For the purposes of subclause (3), the first unelected candidate or the second unelected candidate or both —
(a) must be determined by reference to the number of votes that each of the 2 or more unelected candidates referred to in subclause (3) had at the last count or transfer of votes under Schedule 4.1 Division 3 at which each of those unelected candidates had a different number of votes; but
(b) if there was no such count or transfer — must be determined by the drawing of lots in accordance with regulations.
(5) If there are no unelected candidates —
(a) the candidate who was the last candidate to be excluded under Schedule 4.1 clause 11 is to be the first unelected candidate; and
(b) the candidate who was the second last candidate to be excluded under Schedule 4.1 clause 11 is to be the second unelected candidate.
(6) If there is only 1 unelected candidate, the candidate who was the last candidate to be excluded under Schedule 4.1 clause 11 is to be the second unelected candidate.
[Clause 11 inserted: No. 11 of 2023 s. 91.]
Filling of vacancy by first unelected candidate
(1) Within 5 working days after the vacancy day, the CEO must notify the first unelected candidate —
(b) that the first unelected candidate may fill the vacancy.
(2) If the first unelected candidate is notified under subclause (1), the first unelected candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(3) If the first unelected candidate notifies the CEO under subclause (2), the first unelected candidate is elected to the vacant office on the day after —
(i) there is no first unelected candidate;
(ii) on the vacancy day, the first unelected candidate is a member of the council;
(iii) the first unelected candidate has died before the vacancy day;
(iv) the first unelected candidate does not, or cannot because of subclause (5), notify the CEO under subclause (2);
(v) the first unelected candidate dies before the day on which they are elected under subclause (3);
or
(5) The first unelected candidate cannot notify the CEO under subclause (2) if the first unelected candidate notifies, or has notified, the CEO under that subclause in relation to another vacancy.
[Clause 12 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Filling of vacancy by second unelected candidate
(1) This clause applies only if the vacancy cannot be filled under clause 12.
(2) Within 15 working days after the vacancy day, the CEO must notify the second unelected candidate —
(b) that the second unelected candidate may fill the vacancy.
(3) If the second unelected candidate is notified under subclause (2), the second unelected candidate may, within 5 working days after the day on which they are notified, notify the CEO —
(4) If the second unelected candidate notifies the CEO under subclause (3), the second unelected candidate is elected to the vacant office on the day after —
(i) there is no second unelected candidate;
(ii) on the vacancy day, the second unelected candidate is a member of the council;
(iii) the second unelected candidate has died before the vacancy day;
(iv) the second unelected candidate does not, or cannot because of subclause (6), notify the CEO under subclause (3);
(v) the second unelected candidate dies before the day on which they are elected under subclause (4);
or
(6) The second unelected candidate cannot notify the CEO under subclause (3) if the second unelected candidate notifies, or has notified, the CEO under that subclause in relation to another vacancy.
[Clause 13 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Division 5 — Former member elected under cl. 6, 9 or 12
Terms used
original former member means the person to whose vacant office the former member was elected under clause 6, 9 or 12 (as the case requires);
original vacancy means the vacancy in the office of the original former member.
[Clause 14 inserted: No. 11 of 2023 s. 91.]
Former member elected under cl. 6
(1) This clause applies if the former member was elected under clause 6.
(2) Clause 7 applies in relation to the filling of the vacancy as follows —
(a) as if the original vacancy could not be filled under clause 6;
(b) as if references to the vacancy day were to the vacancy day in relation to the former member (rather than the original former member);
(i) by reference to whether the former member’s vacancy is under section 2.32(1)(b) (rather than the original former member’s vacancy); and
(ii) accordingly, as if the reference to the resignation were to the former member’s resignation (rather than that of the original former member).
[Clause 15 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Former member elected under cl. 9
(1) This clause applies if the former member was elected under clause 9.
(2) Clause 10 applies in relation to the filling of the vacancy as follows —
(a) as if the original vacancy could not be filled under clause 9;
(b) as if references to the vacancy day were to the vacancy day in relation to the former member (rather than the original former member);
(i) by reference to whether the former member’s vacancy is under section 2.32(1)(b) (rather than the original former member’s vacancy); and
(ii) accordingly, as if the reference to the resignation were to the former member’s resignation (rather than that of the original former member).
[Clause 16 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Former member elected under cl. 12
(1) This clause applies if the former member was elected under clause 12.
(2) Clause 13 applies in relation to the filling of the vacancy as follows —
(a) as if the original vacancy could not be filled under clause 12;
(b) as if references to the vacancy day were to the vacancy day in relation to the former member (rather than the original former member);
(i) by reference to whether the former member’s vacancy is under section 2.32(1)(b) (rather than the original former member’s vacancy); and
(ii) accordingly, as if the reference to the resignation were to the former member’s resignation (rather than that of the original former member).
[Clause 17 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 153(1).]
Division 6 — Final provisions
Regulations about notifications and time periods
(1) Regulations may make provision in relation to notifications under this Schedule.
(2) Without limiting subclause (1), regulations made for the purposes of that subclause may do any of the following —
(a) prescribe the form or content of notifications;
(b) require notifications to be accompanied by statutory declarations or other prescribed information, documents or items;
(c) make provision in relation to the giving of notifications (including by email or other electronic means);
(d) provide for the CEO to be able to give local public notice of a vacancy instead of notifying a candidate;
(e) prescribe the time at which a candidate or the CEO is taken to be notified, including in cases where —
(i) local public notice is given as referred to in paragraph (d); or
(ii) the candidate or CEO is not actually notified.
(3) Except as otherwise provided in regulations, regulations made for the purposes of subclause (1) apply instead of sections 9.50 to 9.53.
(4) Regulations may provide for the extension of any time period provided for in this Schedule.
[Clause 18 inserted: No. 11 of 2023 s. 91.]
Declarations and notices under section 4.77 for purposes of Schedule
(1) The requirement under section 4.77 to declare and give notice of the result of an election that was ascertained under Schedule 4.1 clause 4 includes a requirement to declare and give notice of the following for the purposes of Division 3 Subdivision 2 of this Schedule —
(a) the second placed candidate;
(b) the third placed candidate or that there is no third placed candidate.
(2) The requirement under section 4.77 to declare and give notice of the result of an election that was ascertained under Schedule 4.1 clause 5 includes a requirement to declare and give notice of the following for the purposes of Division 3 Subdivision 3 of this Schedule —
(a) the second placed candidate;
(b) the third placed candidate or that there is no third placed candidate.
(3) The requirement under section 4.77 to declare and give notice of the result of an election that was ascertained under Schedule 4.1 Division 3 includes a requirement to declare and give notice of the following for the purposes of Division 4 of this Schedule —
(a) the first unelected candidate or that there is no first unelected candidate;
(b) the second unelected candidate or that there is no second unelected candidate.
(4) For the purposes of subclauses (1) to (3), the returning officer must, if necessary, draw lots as required under clause 5(3), 8(3) or 11(4)(b).
[Clause 19 inserted: No. 11 of 2023 s. 91.]
Schedule 4.1B — Filling office of councillor who is elected elector mayor or president
[s. 4.8]
Vacancy caused by councillor becoming elector mayor or president not to be filled by extraordinary election in certain circumstances
(1) Subclause (3) applies if —
(a) there is an election to fill the office of elector mayor or president (the mayor or president election); and
(b) the candidate (the former member) who is elected at the mayor or president election to be the elector mayor or president is a councillor on the council whose office, because of their election, becomes vacant under section 2.32(1)(f); and
(c) there is an election (the concurrent election) that has the same election day as the mayor or president election and that is —
(i) if the district is not divided into wards — an election to fill an office or offices of councillor on the council; or
(ii) if the district is divided into wards — an election to fill an office or offices of councillor for the ward for which the former member was a councillor;
and
(d) the result of the concurrent election is ascertained under Schedule 4.1 clause 2, 4 or 5 or under Schedule 4.1 Division 3.
(2) In subclause (1)(c) —
election day has the meaning given in section 4.1.
(3) The vacancy caused by the former member’s election as elector mayor or president must be filled under this Schedule.
(4) Despite subclause (3), regulations may prescribe circumstances in which the vacancy cannot be filled under this Schedule.
(5) If the vacancy is filled under this Schedule, the requirement under section 4.77 to declare and give notice of the result of the concurrent election includes a requirement to declare and give notice of the election filling the vacancy.
[Clause 1 inserted: No. 11 of 2023 s. 91; amended: No. 47 of 2024 s. 154.]
Concurrent election ascertained under Schedule 4.1 clause 2
(1) This clause applies if the result of the concurrent election is ascertained under Schedule 4.1 clause 2.
(2) The candidate who is not elected at the concurrent election is elected to the former member’s vacant office.
[Clause 2 inserted: No. 11 of 2023 s. 91.]
Concurrent election ascertained under Schedule 4.1 clause 4
(1) This clause applies if the result of the concurrent election is ascertained under Schedule 4.1 clause 4.
(2) The candidate who finishes second in the concurrent election is elected to the former member’s vacant office.
(3) For the purposes of subclause (2) —
(a) the question of which candidate finishes second must be determined by reference to the number of first‑preference votes received by each candidate in the concurrent election who is not elected at the concurrent election; and
(b) if 2 or more candidates received the same number of first‑preference votes and if the case requires it to be done — the returning officer for the concurrent election must, in accordance with regulations, draw lots to determine the candidate who finishes second.
(4) In subclause (3) —
first‑preference vote has the meaning given in Schedule 4.1 clause 1.
[Clause 3 inserted: No. 11 of 2023 s. 91.]
Concurrent election ascertained under Schedule 4.1 clause 5
continuing candidate means a candidate in the concurrent election who is a continuing candidate under Schedule 4.1 clause 5(8) for the purposes of the last count but is not elected;
last count means the last count under Schedule 4.1 clause 5(2)(d) for the concurrent election;
second placed candidate, subject to subclause (4), means the continuing candidate —
(a) who is the only continuing candidate; or
(b) who, on the last count, had the highest number of votes of all the continuing candidates.
(2) This clause applies if the result of the concurrent election is ascertained under Schedule 4.1 clause 5.
(3) The second placed candidate is elected to the former member’s vacant office.
(4) If 2 or more continuing candidates had the same number of votes on the last count and if the case requires it to be done, the returning officer for the concurrent election must, in accordance with regulations, draw lots to determine the continuing candidate who is the second placed candidate.
[Clause 4 inserted: No. 11 of 2023 s. 91.]
Concurrent election ascertained under Schedule 4.1 Division 3
first unelected candidate, subject to subclauses (4) to (6), means the unelected candidate who, when the last office to be filled at the concurrent election is filled —
(a) is the only unelected candidate; or
(b) has the highest number of votes of all the unelected candidates;
unelected candidate means a candidate in the concurrent election who is neither elected nor excluded under Schedule 4.1 Division 3;
(2) This clause applies if the result of the concurrent election is ascertained under Schedule 4.1 Division 3.
(3) The first unelected candidate is elected to the former member’s vacant office.
(4) If 2 or more unelected candidates have the same number of votes when the last office to be filled at the concurrent election is filled and if the case requires it to be done, the returning officer for the concurrent election must apply subclause (5) for the purpose of determining the unelected candidate who is the first unelected candidate.
(5) For the purposes of subclause (4) —
(a) the first unelected candidate must be determined by reference to the number of votes that each of the 2 or more unelected candidates referred to in subclause (4) had at the last count or transfer of votes under Schedule 4.1 Division 3 at which each of those unelected candidates had a different number of votes; but
(b) if there was no such count or transfer — the returning officer for the concurrent election must draw lots in accordance with regulations to determine the first unelected candidate.
(6) If there are no unelected candidates, the candidate in the concurrent election who was the last candidate to be excluded under Schedule 4.1 clause 11 is to be the first unelected candidate.
[Clause 5 inserted: No. 11 of 2023 s. 91.]
Schedule 4.1 — How to count votes and ascertain the result of an election
[s. 4.74]
first‑preference vote —
(a) means a vote cast under section 4.69(2); and
(b) includes a vote accepted by the returning officer as a first‑preference vote under section 4.75(1) or under regulations made for the purposes of section 4.75(3)(a);
one office election means an election to fill the office of mayor or president or to fill 1 office of councillor;
preference vote —
(a) means a vote cast under section 4.69(3); and
(b) includes a vote accepted by the returning officer as a preference vote under section 4.75(1) or under regulations made for the purposes of section 4.75(3)(a).
Note for this clause:
For the purposes of the definitions of first‑preference vote and preference vote, see also section 4.73(5) which provides for a ballot paper to be treated as if a numeral indicating a preference had been altered.
[Clause 1 inserted: No. 11 of 2023 s. 92.]
Division 2 — One office elections
One office election: 2 candidates
(1) If there are only 2 candidates in a one office election —
(a) the first‑preference votes for each candidate must be counted; and
(b) the candidate who has the greater number of first‑preference votes is elected.
(2) If the candidates have the same number of first‑preference votes, the returning officer must draw lots in accordance with regulations to determine which candidate is elected.
[Clause 2 inserted: No. 11 of 2023 s. 92.]
One office election: 3 or more candidates
Clauses 4 and 5 apply if there are 3 or more candidates in a one office election.
[Clause 3 inserted: No. 11 of 2023 s. 92.]
Count of first‑preference votes
(1) The first‑preference votes for each candidate must be counted.
(2) A candidate is elected if the number of first‑preference votes for the candidate exceeds 50% of the total number of all the first‑preference votes for candidates.
[Clause 4 inserted: No. 11 of 2023 s. 92.]
Process if no candidate elected under clause 4
(1) The process in subclause (2) —
(a) must be followed if no candidate is elected under clause 4; and
(b) as necessary, must be repeated until a candidate is elected under subclause (3).
Notes for this subclause:
Subclauses (4) to (6) supplement subclauses (2) and (3) for cases where candidates have the same number of votes.
Subclauses (7) and (8) explain how the terms ballot paper and continuing candidate are used in this clause.
(2) The process is as follows —
(a) exclude the candidate (the excluded candidate) with —
(i) if this process is being followed for the first time — the fewest first‑preference votes; or
(ii) if this process is being repeated — the fewest votes on the last count under paragraph (d);
(b) set aside as exhausted any ballot paper of the excluded candidate that contains —
(i) no preference votes at all; or
(ii) no preference votes for any continuing candidates;
(c) transfer any remaining ballot papers of the excluded candidate that indicate the next available preference for a particular continuing candidate to that continuing candidate;
(d) count the number of votes for each of the continuing candidates by totalling the following —
(i) the number of first‑preference votes for the continuing candidate;
(ii) if this process is being followed for the first time — the total number of ballot papers transferred to the continuing candidate under paragraph (c);
(iii) if this process is being repeated — the total number of ballot papers transferred to the continuing candidate under paragraph (c) on this or a previous occasion.
(3) A continuing candidate is elected if, on a count under subclause (2)(d), the number of votes for the continuing candidate exceeds 50% of the total number of all the votes for continuing candidates.
(4) Subclause (6) applies if subclause (2)(a) cannot otherwise be applied because, as the case requires —
(a) 2 or more candidates have the same number of first‑preference votes (no other candidates having fewer first‑preference votes); or
(b) 2 or more candidates have the same number of votes on the last count under subclause (2)(d) (no other candidates having fewer votes).
(5) Subclause (6) also applies if subclause (3) cannot otherwise be applied because —
(a) there are only 2 continuing candidates in a count under subclause (2)(d); and
(b) on the count, the continuing candidates have the same number of votes.
(6) The returning officer must draw lots in accordance with regulations to determine, as the case requires —
(a) the candidate to be excluded; or
(b) the continuing candidate to be elected.
(7) For the purposes of the process in subclause (2), a ballot paper is a ballot paper of the excluded candidate if either of the following applies —
(a) the ballot paper contains a first‑preference vote for the excluded candidate;
(b) the process is being repeated and the ballot paper was transferred to the excluded candidate under subclause (2)(c) on a previous occasion.
(8) For the purposes of the process in subclause (2), a continuing candidate is a candidate to whom neither of the following applies —
(a) the candidate is the excluded candidate;
(b) the process is being repeated and the candidate was excluded under subclause (2)(a) on a previous occasion.
[Clause 5 inserted: No. 11 of 2023 s. 92.]
Division 3 — Elections for 2 or more councillors
Application of Division
This Division applies to an election that is not a one office election.
[Clause 6 inserted: No. 11 of 2023 s. 92.]
Terms used
ballot paper, of a candidate, means a first‑preference ballot paper, or a transferred ballot paper, of the candidate;
continuing candidate means a candidate who has not already been elected or excluded under this Division;
first‑preference ballot paper, of a candidate, means a ballot paper that contains a first‑preference vote for the candidate;
quota means the quota determined under clause 8;
surplus votes, for a candidate who has been elected under this Division, means the votes for the candidate in excess of the quota (if any);
transferred ballot paper, of a candidate, means a ballot paper that has been transferred to the candidate under this Division;
transfer value, in relation to a ballot paper — see clauses 9(3)(a), 10(3)(b) and 11(3)(b) and (4)(c);
votes, for a candidate, means —
(a) the first‑preference votes for the candidate; and
(b) the preference votes for the candidate as added (at the applicable transfer value) to the votes for the candidate under clause 9(3)(c), 10(3)(c)(iv) or 11(3)(b) or (4)(d).
[Clause 7 inserted: No. 11 of 2023 s. 92.]
Subdivision 2 — Counting and transferring votes
Note for this Subdivision:
Subdivision 3 contains provisions that explain how certain things are to be done under this Subdivision and that otherwise supplement this Subdivision.
Count of first‑preference votes and determination of quota
(1) The first‑preference votes for each candidate must be counted.
(2) A quota must then be determined in accordance with subclauses (3) and (4).
(3) Divide amount A by amount B, where —
(a) amount A is the total number of all the first‑preference votes for candidates; and
(b) amount B is the number of offices to be filled plus 1.
(4) The quota is the resulting number (disregarding any remainder) plus 1.
(5) A candidate is elected if the number of first‑preference votes for the candidate is equal to, or exceeds, the quota.
(6) Go to clause 9 if 1 or more, but not all, of the offices are filled under this clause.
(7) Go to clause 11 if none of the offices is filled under this clause.
[Clause 8 inserted: No. 11 of 2023 s. 92.]
Transfer of surplus votes (1)
elected candidate means a candidate elected under clause 8.
(2) This clause applies if 1 or more, but not all, of the offices are filled under clause 8.
(3) The surplus votes for each elected candidate who has surplus votes must be transferred to the continuing candidates as follows —
(a) determine the transfer value that applies to each first‑preference ballot paper of the elected candidate, being the fraction calculated by dividing amount C by amount D, where —
(i) amount C is the number of surplus votes for the elected candidate; and
(ii) amount D is the number of first‑preference votes for the elected candidate;
(b) multiply, by the transfer value, the number of first‑preference ballot papers of the elected candidate that indicate the next available preference for a particular continuing candidate;
(c) add the resulting number (disregarding any fraction) to the votes for that continuing candidate;
(d) transfer the ballot papers referred to in paragraph (b) to that continuing candidate.
(4) A continuing candidate is elected if, on the completion of a transfer under this clause of the surplus votes for an elected candidate, the number of votes for the continuing candidate is equal to, or exceeds, the quota.
(5) Go to clause 10 if 1 or more, but not all, of the remaining offices are filled under this clause.
(6) Go to clause 11 if none of the remaining offices is filled under this clause.
[Clause 9 inserted: No. 11 of 2023 s. 92.]
Transfer of surplus votes (2)
elected candidate means a candidate elected under clause 9, this clause or clause 11.
(2) This clause applies —
(a) if 1 or more, but not all, of the remaining offices are filled under clause 9; and
(b) as otherwise provided under clause 11(7).
(3) The surplus votes for each elected candidate who has surplus votes must be transferred to the continuing candidates as follows —
(a) determine the surplus fraction for the elected candidate, being the fraction calculated by dividing amount E by amount F, where —
(i) amount E is the number of surplus votes for the elected candidate; and
(ii) amount F is the number of votes for the elected candidate;
(b) determine the transfer value that applies to each ballot paper of the elected candidate, being —
(i) if the ballot paper is a first‑preference ballot paper of the elected candidate — the surplus fraction; or
(ii) if the ballot paper is a transferred ballot paper of the elected candidate — the fraction calculated by multiplying the surplus fraction by the transfer value that applied to the ballot paper when the ballot paper was transferred to the elected candidate;
(c) do the following —
(i) identify the ballot papers of the elected candidate that indicate the next available preference for a particular continuing candidate;
(ii) take the number of those ballot papers to which a particular transfer value applies;
(iii) multiply that number by that transfer value;
(iv) add the resulting number (disregarding any fraction) to the votes for that continuing candidate;
(v) transfer the ballot papers referred to in subparagraph (ii) to that continuing candidate.
(4) A continuing candidate is elected if, on the completion of a transfer under this clause of the surplus votes for an elected candidate, the number of votes for the continuing candidate is equal to, or exceeds, the quota.
(5) Go, or go back, to clause 11 if not all of the remaining offices are filled under this clause.
[Clause 10 inserted: No. 11 of 2023 s. 92.]
Exclusion of candidates
(1) This clause applies if, after the counting of first‑preference votes or the transfer of surplus votes (if any) under clauses 8 to 10, 1 or more of the offices remain unfilled as referred to in clause 8(7), 9(6) or 10(5).
(2) The candidate with the fewest votes is excluded.
(3) If there are first‑preference votes for the excluded candidate, the first‑preference votes must be transferred to the continuing candidates as follows —
(a) take the number of first‑preference ballot papers of the excluded candidate that indicate the next available preference for a particular continuing candidate;
(b) add that number to the votes for that continuing candidate (the transfer value that applies to each of those ballot papers being 1);
(c) transfer those ballot papers to that continuing candidate.
(4) If there are preference votes for the excluded candidate, the preference votes must be transferred to the continuing candidates as follows in the order of the transfers on which the excluded candidate received them, the preference votes received on the earliest transfer being transferred first —
(a) identify the transferred ballot papers of the excluded candidate that were transferred to the excluded candidate from a particular candidate;
(b) take the number of those ballot papers that indicate the next available preference for a particular continuing candidate and to which a particular transfer value applied when the ballot papers were transferred to the excluded candidate;
(c) multiply that number by the transfer value that applies to the ballot papers referred to in paragraph (b), being the transfer value referred to in paragraph (b);
(d) add the resulting number (disregarding any fraction) to the votes for that continuing candidate;
(e) transfer the ballot papers referred to in paragraph (b) to that continuing candidate.
(5) If there are both first‑preference votes and preference votes for the excluded candidate, the first‑preference votes must be transferred under subclause (3) before the preference votes are transferred under subclause (4).
(6) A continuing candidate is elected if, on the completion of a transfer under this clause of votes for an excluded candidate, the number of votes for the continuing candidate is equal to, or exceeds, the quota.
(7) If there are surplus votes for that candidate and 1 or more offices remain unfilled, the surplus votes must be transferred under clause 10, but not before all the votes for the excluded candidate that remain to be transferred (if any) have been transferred to continuing candidates.
(8) If, after the transfer under this clause of all the votes for an excluded candidate, no candidate is elected under subclause (6) with a number of votes that exceeds the quota and 1 or more offices remain unfilled —
(a) the continuing candidate with the fewest votes is excluded; and
(b) that candidate’s votes must be transferred under subclauses (3) to (5).
[Clause 11 inserted: No. 11 of 2023 s. 92; amended: No. 30 of 2023 s. 188.]
Subdivision 3 — Supplementary provisions
No further transfers to elected candidates
(1) If a candidate is elected under clause 9 or 10 on the completion of a transfer under clause 9 or 10 of the surplus votes for a candidate, no surplus votes for any other candidate may be transferred to the candidate so elected.
(2) If a candidate is elected under clause 11 on the completion of a transfer under clause 11 of votes for an excluded candidate, no other votes for the excluded candidate may be transferred to the candidate so elected.
[Clause 12 inserted: No. 11 of 2023 s. 92.]
Filling last office
(1) This clause applies, despite any other provision of this Division, to the last office to be filled if there are only 2 continuing candidates left.
(2) The candidate with the greater number of votes is elected even if that number is less than the quota.
(3) If the candidates have the same number of votes, the returning officer must draw lots in accordance with regulations to determine which candidate is elected.
[Clause 13 inserted: No. 11 of 2023 s. 92.]
No need for further transfers of votes if number of continuing candidates equals number of vacancies
Despite any other provision of this Division, if the number of continuing candidates is equal to the number of remaining unfilled offices, those candidates are elected.
[Clause 14 inserted: No. 11 of 2023 s. 92.]
Order of transfers of surpluses
(1) If, after any count or transfer under this Division, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative sizes of the surpluses, the larger or largest surplus being transferred first.
(2) If 2 or more of the candidates referred to in subclause (1) have equal surpluses —
(a) the order of any transfers of the surplus votes of those candidates is to be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the larger or largest number of votes at that count or transfer being transferred first; but
(b) if there has been no such count or transfer — the returning officer must draw lots in accordance with regulations to determine which candidate is, as between those candidates, taken to have had the larger or largest surplus.
(3) Despite subclauses (1) and (2), if a candidate is elected on the completion of a transfer under this Division (the later transfer), the surplus votes for the candidate must not be transferred before the transfer of the surplus votes for any other candidate who was elected before the later transfer.
[Clause 15 inserted: No. 11 of 2023 s. 92.]
Procedure to determine excluded candidates if votes equal
(1) This clause applies if —
(a) the continuing candidate with the fewest votes is to be excluded under clause 11(2) or (8); and
(b) 2 or more continuing candidates (the tied candidates) have an equal number of votes (no other continuing candidate having fewer votes).
(2) Whichever of the tied candidates had the fewer or fewest votes at the last count or transfer at which each of the tied candidates had a different number of votes is excluded.
(3) If there has been no such count or transfer, the returning officer must draw lots in accordance with regulations to determine which of the tied candidates is excluded.
[Clause 16 inserted: No. 11 of 2023 s. 92.]
Setting aside ballot papers as finally dealt with or exhausted
(1) If a candidate is elected under this Division with a number of votes equal to the quota, all the ballot papers of that candidate must be set aside as finally dealt with.
(2) Subclause (3) applies to any ballot paper of a candidate who is elected under this Division with a number of votes in excess of the quota.
(3) The ballot paper must be set aside as exhausted if the ballot paper contains —
(a) no preference votes at all; or
(b) no preference vote for any continuing candidate.
[Clause 17 inserted: No. 11 of 2023 s. 92.]
Transfers to be treated separately
Each of the following constitutes a separate transfer for the purposes of this Division —
(a) a transfer under clause 9 or 10 of all the surplus votes for an elected candidate;
(b) a transfer under clause 11(3) of all the first‑preference votes for an excluded candidate;
(c) a transfer under clause 11(4) of all the preference votes for an excluded candidate that were transferred to the excluded candidate from a particular candidate.
[Clause 18 inserted: No. 11 of 2023 s. 92.]
Schedule 4.2 — Order of retirement from office of councillors
[Section 4.78(2)]
As near as practicable to ½ of the total number of councillors as the returning officer determines are to retire every 2 years.
Unless clause 3 applies, if the district is divided into wards, as near as practicable to ½ of the councillors representing each ward as the returning officer determines are to retire every 2 years in an election year.
If it is not practicable for any reason for clause 2 to operate consistently with clause 1, clause 1 prevails to the extent of any inconsistency between them.
Councillors are only to retire in an election year.
In determining the order of retirement from office the returning officer is, so far as practicable, to ensure that each councillor has a term of 4 years but in order to apply clauses 1, 2, 3 and 4, the returning officer may fix a term of less than 4 years.
If the district is not divided into wards, the retirement from office of councillors is to be in inverse order to that in which they were elected, and where there are 2 or more councillors who were elected unopposed, the returning officer is to draw lots in accordance with regulations to determine the order of their retirement.
If the district is divided into wards, the retirement of councillors representing each ward is to be in inverse order to that in which they were elected, and where there are 2 or more councillors who were elected unopposed, the returning officer is to draw lots in accordance with regulations to determine the order of their retirement.
7A. For the purposes of clauses 6 and 7 —
(a) if 2 or more councillors were elected under Schedule 4.1 clause 8(5) —
(i) the order of their election is to be determined by reference to the number of first‑preference votes that each had, with the councillor having the highest number of first‑preference votes being regarded as having been elected first and so on; and
(ii) if 2 or more of those councillors had the same number of first‑preference votes — the returning officer must draw lots in accordance with regulations to determine the order in which the councillors with the same number of first‑preference votes were elected;
and
(b) if 2 or more councillors were elected under Schedule 4.1 clause 9(4), 10(4) or 11(6) on the completion of the same transfer of votes —
(i) the order of their election is to be determined by reference to the number of votes that each had on the completion of that transfer, with the councillor having the highest number of votes being regarded as having been elected first and so on; and
(ii) if 2 or more of those councillors had the same number of votes on the completion of that transfer — clause 7B applies for the purpose of determining the order in which the councillors with the same number of votes were elected;
and
(c) if 2 or more councillors were elected under Schedule 4.1 clause 14 —
(i) the order of their election is to be determined by reference to the number of votes that each had when they were elected, with the councillor having the highest number of votes being regarded as having been elected first and so on; and
(ii) if 2 or more of those councillors had the same number of votes when they were elected — clause 7B applies for the purpose of determining the order in which the councillors with the same number of votes were elected;
and
(d) if section 4.73(3)(b) applies —
(i) the order of the election of the councillors who are elected unopposed is to be determined by reference to the number of first‑preference votes that each had (after any alterations required under section 4.73(5)(a)), with the councillor having the highest number of first‑preference votes being regarded as having been elected first and so on; and
(ii) if 2 or more of those councillors had the same number of first‑preference votes (after any alterations required under section 4.73(5)(a)) — the returning officer must draw lots in accordance with regulations to determine the order in which the councillors with the same number of first‑preference votes were elected.
7B. For the purposes of clause 7A(b)(ii) and (c)(ii), the order in which the councillors with the same number of votes were elected —
(a) is to be determined by reference to the votes that each had on the completion of the last count or transfer of votes under Schedule 4.1 Division 3 at which each had a different number of votes, with the councillor having the highest number of votes being regarded as having been elected first and so on; but
(b) if there was no such count or transfer — is to be determined by the returning officer drawing lots in accordance with regulations.
If it is necessary to determine the order of retirement as between councillors representing different wards, the councillor who receives the highest percentage of first‑preference votes cast on the councillor’s election is to retire last and —
(a) where a councillor has been elected unopposed the councillor is to be regarded as having received 100% of the first‑preference votes cast; and
(b) where 2 or more councillors have an equality of the percentage of first‑preference votes cast the returning officer is to draw lots in accordance with regulations to determine the order of their retirement.
If a question arises as to the order of retirement of persons occupying the office of councillor, the order of retirement as between a person appointed under section 4.57(3) and another person or other persons —
(a) so appointed to the office of councillor on the same day, is that determined on the drawing of lots in accordance with regulations by the returning officer; or
(b) so appointed to the office of councillor on different days, is in inverse order of the date of appointment; or
(c) elected to the office of councillor, is such that persons so elected retire after persons so appointed.
In this Schedule —
[Schedule 4.2 amended: No. 9 of 2007 s. 6; No. 15 of 2009 s. 6; No. 11 of 2023 s. 93‑98; No. 47 of 2024 s. 160.]
[Schedule 5.1 deleted: No. 47 of 2024 s. 155.]
Schedule 6.1 — Provisions relating to the phasing in of valuations
[Section 6.31]
Phasing in of certain valuations
(1) Where a general valuation under the Valuation of Land Act 1978 in respect of gross rental values comes into force in a district, the local government of the district may, when imposing the general rate, resolve that that general valuation, in relation to all land where an increased valuation thereby results, is to be phased in over a 3 year period, and effect is to be given to that resolution over that period by the local government —
(a) in the first year of assessment for which the new valuation would otherwise be used, applying instead as the valuation of the land for the purposes of rating, a phased in valuation (being the former valuation plus 1/3 of the difference between the former valuation and the new valuation); and
(b) in the second such year, applying the former valuation plus 2/3 of that difference; and
(c) in the third year, applying the new valuation,
but where in relation to any land that general valuation results in a new valuation which is the same as or less than the former valuation, the local government is to apply the new valuation.
(2) For the purposes of subclause (1) —
former valuation means —
(a) the valuation that was in force immediately prior to the coming into force of the general valuation to which the phasing in applies; or
(b) in relation to rateable land where an interim valuation of the land under the Valuation of Land Act 1978 comes into force, the valuation determined for the purposes of this clause in accordance with subclause (6); and
new valuation —
(a) means the valuation determined or assessed for the purposes of the general valuation to which the phasing in applies; or
(b) in relation to rateable land in respect of which an interim valuation under the Valuation of Land Act 1978 comes into force after the general valuation referred to in paragraph (a) comes into force, means that interim valuation.
(3) Where, during the phasing in of a valuation of any rateable land under subclause (1) the system of valuation is changed to valuation on the unimproved value of rateable land, subclause (1) is to cease to apply to that valuation.
(4) Where an interim valuation of rateable land in a district comes into force during the period when a general valuation of rateable land in that district is being phased in under this clause, subclause (1) is to be construed so that the interim valuation is phased in in a like manner under this clause for the remainder of the phasing in period.
(5) Where a local government resolves under subclause (1) that a general valuation is to be phased in over a 3 year period, it is to immediately request the Valuer‑General, at the same time as the Valuer‑General determines an interim valuation of rateable land that will come into force in the district during the first 2 years of the phasing in period, to determine a valuation of that land in accordance with subclause (6) and the local government is to give notice in writing immediately to the Valuer‑General when such last‑mentioned valuations are no longer required for the purposes of this clause.
(6) A valuation of land that is requested to be made by the Valuer‑General for the purposes of this clause under subclause (5) is to be determined in accordance with the level of values prevailing in relation to land of the same or a similar character as the level used for the valuations that were last used by the local government for rating purposes prior to the coming into force of the general valuation that is currently in force in the district.
Phasing in of rating based on gross rental values
(1) Where, in respect of a financial year, a local government is required by a determination made by the Minister under section 6.28 to change in respect of the whole or a part of its district, from valuations on unimproved value to valuations on gross rental value, the local government may, when imposing the general rate for that financial year, resolve that the change to rating on the basis of valuations on gross rental value, in relation to rateable land in the district or that part of the district, is to be phased in over a 3 year period and effect is to be given to that resolution over that period by the local government —
(a) when imposing a general rate on the land in the first year of assessment for which rating would otherwise be wholly on the basis of valuations on gross rental value, rating the land on the basis of valuations on gross rental value in order to yield 1/3 of the estimated revenue from the rate and rating the same land on the basis of original valuations in order to yield 2/3 of the estimated revenue from the rate; and
(b) when imposing a general rate on the land in the second year, rating the land on the first‑mentioned basis in order to yield 2/3 of the estimated revenue from the rate and rating the same land on the second‑mentioned basis in order to yield 1/3 of the estimated revenue from the rate; and
(c) when imposing a general rate on such land in the third year, rating the land on the first‑mentioned basis in order to yield the whole of the estimated revenue from the rate.
(2) In subclause (1) —
original valuations means the valuations on unimproved value last used by the local government for rating purposes in respect of the financial year immediately preceding the year mentioned in subclause (1)(a) and in relation to rateable land where an interim valuation of the land under the Valuation of Land Act 1978 comes into force, means the valuation determined for the purposes of this clause in accordance with subclause (6).
(3) Where, during the phasing in of a change to rating on the basis of valuations on gross rental value in a district or part of a district under subclause (1), a general valuation under the Valuation of Land Act 1978 in respect of gross rental values comes into force in that district or part of a district, subclause (1) is to cease to apply to that change in the basis of rating.
(4) Where an interim valuation of rateable land in a district or part of a district comes into force during the period when a change to rating on the basis of valuation on gross rental value in that district or portion of a district is being phased in under this clause, subclause (1) is to be construed so that the interim valuation is phased in in a like manner under this clause for the remainder of the phasing in period.
(5) Where the local government resolves under subclause (1) that a change to rating on the basis of valuation on gross rental value in a district or part of a district is to be phased in over a 3 year period, it is to immediately request the Valuer‑General, at the same time as the Valuer‑General determines an interim valuation of rateable land that will come into force in that district or part of a district during the first 2 years of the phasing in period, to determine a valuation of that land in accordance with subclause (6) and is to give notice in writing immediately to the Valuer‑General when such last‑mentioned valuations are no longer required for the purposes of this clause.
(6) A valuation of land that is requested to be made by the Valuer‑General for the purposes of this clause under subclause (5) is to be determined as a valuation on unimproved value in accordance with the level of values prevailing in relation to land of the same or a similar character as the level of valuations on unimproved value used for the valuations that were last used by the local government for rating purposes in respect of the financial year immediately preceding the year of assessment for which rating would otherwise be wholly on the basis of valuation on gross rental value.
Schedule 6.2 — Provisions relating to lease of land where rates or service charges unpaid
[Section 6.65]
Form of lease
(1) The local government —
(a) may lease the land for such term, not exceeding 7 years at one time, as it thinks fit; and
(b) may make such reservations and such exceptions, covenants and conditions in the lease, except a covenant for renewal of the term of the lease if the renewal would extend the term beyond 7 years, as it thinks fit.
(2) The Registrar of Titles, upon production of the lease, must register it if —
(a) the lease is of land that is subject to the provisions of the Transfer of Land Act 1893; and
(b) the term of the lease exceeds 3 years.
[Clause 1 amended: No. 81 of 1996 s. 153(1); No. 21 of 2022 s. 59.]
Application of rent received
Where a local government has exercised its power to lease, it is required to apply the rent and other money received by it under the lease in the following manner —
(a) firstly — in defraying the expenses of and incidental to the giving of the notices required by this Act to be given by the local government, the execution of the lease, the preparation of the property for lease and the collection of the rents; and
(b) secondly — in payment of unpaid rates or service charges, for the time being due to or imposed by the local government in respect of the land; and
(c) thirdly — in payment of unpaid rates and taxes for the time being due to or imposed in favour of the Crown in right of the State or a department or agency of the Crown in right of the State; and
(d) fourthly — in payment of the residue to the person who would, when the rents and other money were received, have been entitled to receive the rents and profits of the land if the local government had not taken possession of the land, or in case of doubt, in payment of the residue into the Supreme Court under section 99 of the Trustees Act 1962.
Schedule 6.3 — Provisions relating to sale or transfer of land where rates or service charges unpaid
[Section 6.68(3)]
Conditions for exercise of power of sale of land
(1) A local government is not to exercise the power of sale until it has caused notice requiring payment of the rates or service charges owing in respect of the land —
(a) to be served on the owner of the land by being given to him or her or by being sent by certified mail to the address, if any, appearing in a register kept under the Transfer of Land Act 1893 or in a memorial or record kept under the Registration of Deeds Act 1856 relating to the land or by being advertised under subclause (3); and
(b) to be served on such other persons as appear by the records which relate to estates and interests in land to have an estate or interest in the land, by being given to, or by being sent by certified mail to, each of them at their address, if any, appearing in the record, or by being so advertised; and
(c) to be published on the local government’s official website and kept on the website for not less than 35 days.
(2) The local government is to cause the notice requiring payment —
(a) to be in writing and be dated and signed by the CEO; and
(b) to specify the land in respect of which the rates or service charges are owing; and
(c) to specify the total amounts owing in respect of rates or service charges of which payment is required; and
(d) to include a statement that in default of payment of the amounts specified in the notice, the land will be offered for sale by public auction after the expiration of 3 months from the date of the notice at a time appointed by the local government; and
(e) to be in, or substantially in, the form prescribed unless subclause (3) applies.
(3) If in the case of a person required by this clause to be served, no sufficient address appears in a register kept under the Transfer of Land Act 1893 or in a memorial or record kept under the Registration of Deeds Act 1856, the local government is to cause the notice requiring payment in, or substantially in, the prescribed form to be served on that person by local public notice and may include in that notice land belonging to more than one owner.
(4) The local government is to appoint a time not less than 3 months and not more than 12 months from the service of the notices required by this clause as the time at which the land may be offered for sale by public auction.
[Clause 1 amended: No. 81 of 1996 s. 153(1); No. 60 of 2006 s. 144(4); No. 16 of 2019 s. 73.]
Advertisement for sale
(1) The local government is to give Statewide public notice of the sale —
(a) in, or substantially in, the prescribed form; and
(b) by such other means, if any, as the local government considers is necessary or desirable.
(2) In the Statewide public notice the local government —
(a) may include land owned by more than one owner; and
(b) is to so describe the land and improvements, if any, on the land, as to identify the land and to convey to persons likely to be interested in the sale the condition of the land and improvements.
(3) The local government is to deliver a memorial of the Statewide public notice to the Registrar of Titles or to the Registrar of Deeds and Transfers, as the case requires, who is to register the memorial and endorse or note the title and land register or record, in respect of each piece of land comprised in the memorial.
(4) When the memorial is registered the Registrar of Titles, or the Registrar of Deeds and Transfers, as the case requires, is prohibited from registering and from accepting for registration an instrument affecting the land without the consent of the local government, until the land ceases under section 6.69 or clause 7 to be bound by this subclause but that prohibition does not extend beyond 12 months from the day on which the memorial is so delivered.
[Clause 2 amended: No. 47 of 2011 s. 16.]
Power of sale
The power of sale includes —
(a) power to sell the whole or part of the land either together or in lots —
(i) by public auction; or
(ii) by private contract, if having been offered for sale by public auction, it has not been sold,
subject to such terms and conditions with respect to the payment of the purchase money or any other matter, including power to fix a reserve price, as the local government thinks fit; and
(b) power to vary a contract of sale by agreement with the other party to the contract, and to buy in at auction; and
(c) power to rescind a contract for sale on default by the other party to the contract, and to resell without being answerable for loss occasioned by the rescission and resale; and
(d) power to make such thoroughfares and to grant such easements of right‑of‑way or drainage over the land as the circumstances of the case require and the local government thinks fit.
Power of local government to transfer or convey land
(1) A local government exercising the power of sale of any land has power —
(a) by transfer, where the land is under the Transfer of Land Act 1893; and
(b) by deed or transfer, where the land is not under that Act,
to transfer or convey to the purchaser an indefeasible estate in fee simple subject only to the encumbrances specified in section 6.75(1)(c), (d) or (e).
(2) The Registrar of Titles or the Registrar of Deeds and Transfers may register a transfer or conveyance of land by a local government under this clause if the transfer is in the approved form and the conveyance is acceptable to the Registrar of Deeds and Transfers.
[Clause 4 amended: No. 81 of 1996 s. 153(1); No. 47 of 2011 s. 16; No. 21 of 2022 s. 60.]
Application of purchase money
Where a local government has exercised its power of sale it is required to apply the proceeds of sale in the following manner —
(a) firstly — in payment of the costs, charges and expenses properly incurred by the local government in or incidental to the sale or attempted sale or the exercise of any other power conferred upon the local government by Part 6, Division 6, Subdivision 6 or this Schedule; and
(b) secondly — in payment of —
(i) unpaid rates or service charges, for the time being due to or imposed by the local government in respect of the land; and
(ii) costs and other money, if any, due to or imposed in favour of the Crown in right of the State or a department, agency, or instrumentality of the Crown in right of the State; and
(iii) other amounts due to the local government under this or another written law,
in respect of the land at the time of the sale, but where the payments required by paragraph (a) to be made have been made, and the balance of the money then remaining is not sufficient for the payment in full of the items required by this paragraph to be made, the local government is to distribute the balance of the money so remaining, between the Crown, the department, the agency, the instrumentality, and the local government, pro rata with the amounts of their claims, respectively, unless the Governor, or the Minister controlling the department, agency, instrumentality as the case requires, consents to rank after the local government; and
(c) thirdly — in payment of the vendor’s costs and expenses of and incidental to conferring upon the purchaser a title to the land; and
(d) fourthly — in or towards the discharge of a charge, if any, on the land under a written law relating to the construction of drains and fittings to connect the land with a sewer; and
(e) fifthly — in or towards the discharge of other mortgages and encumbrances on the land, both registered and unregistered, according to their priorities at law so far as they can be ascertained by the local government; and
(f) sixthly — in payment of the residue of the money within 12 months after the local government has received it to —
(i) the person who would, but for the proceedings for sale, be entitled to the land; or
(ii) if there are several persons who would be so entitled, then to those persons in the proportions in which they would be respectively so entitled,
but if —
(I) a person is entitled to an estate in reversion or remainder in the land, the local government may pay that residue into the Supreme Court under section 99 of the Trustees Act 1962; and
(II) within that period of 12 months the local government has not paid the residue to the person entitled to it, it is to, on the expiration of that period, pay that residue into the Supreme Court under that section of that Act; and
(III) at the expiration of 6 years after the money is so paid into the Supreme Court, proceedings have not been commenced or are not pending and the Court has not made an order to the contrary the money is to be paid into the Consolidated Account.
[Clause 5 amended: No. 77 of 2006 s. 4.]
Receipt by local government sufficient discharge
A receipt in writing issued by the local government is a sufficient discharge for money paid to the local government on the exercise by it of the power of sale and a person paying it is not bound to inquire whether money remains due to the local government for rates or service charges or otherwise in respect of the land sold.
If sale not completed within 12 months after commencement, proceedings lapse
(1) If at the expiration of 12 months from the date the land is offered for sale pursuant to the power of sale a contract for sale has not been entered into the proceedings for the exercise of the power of sale cease to have effect.
(2) Where, under subclause (1), proceedings have ceased to have effect, the local government may again commence proceedings for sale of the land and the provisions of this Schedule relating to the procedure for the exercise of the power of sale again apply.
Transfer of land to Crown or local government under s. 6.71
(1) The Registrar of Titles or the Registrar of Deeds and Transfers may register a transfer or conveyance of land by a local government under section 6.71, or by the Minister under section 6.74(3), if the transfer is in the approved form or the conveyance is acceptable to the Registrar of Deeds and Transfers.
(3) Notwithstanding the provisions of the Transfer of Land Act 1893, or any other written law —
(a) upon the registration of a transfer or conveyance pursuant to the power referred to in section 6.64(1)(c), the land becomes, and may be dealt with as, Crown land free from mortgages, leases, tenancies, encumbrances, charges and reservations of every kind; and
(b) the registration of the transfer or conveyance pursuant to the power referred to in section 6.64(1)(d) vests in a local government an indefeasible estate in fee simple in the land subject only to the encumbrances specified in section 6.75(1)(c), (d) or (e).
(4) If the land referred to in subclause 3(a) is under the Transfer of Land Act 1893, the Registrar of Titles is to cancel the certificate of title to the land and remove the land from the operation of that Act and thereafter the land may be dealt with as if it had never been alienated from the Crown.
(5) Duty under the Duties Act 2008 is not chargeable on the transfer or conveyance.
(6) The procedure for the exercise of the powers referred to in sections 6.71, 6.74 and 6.75 is to be as prescribed.
[Clause 8 amended: No. 81 of 1996 s. 153(1); No. 49 of 2004 s. 64(2) and (3); No. 12 of 2008 Sch. 1 cl. 21; No. 47 of 2011 s. 16; No. 21 of 2022 s. 61.]
[Schedule 8.1 deleted: No. 47 of 2024 s. 156.]
Schedule 8A.1 — Specified offences
[s. 8A.4]
[Heading inserted: No. 47 of 2025 s. 157.]
Table
Item Offences under this ActProvision
s. 5.21(5)
s. 5.65(1)
s. 5.67
s. 5.69(4)
s. 5.69A(4)
s. 5.75(1)
s. 5.76(1)
s. 5.78(1)
s. 5.87A(1)
s. 5.93
s. 8.15J(1)
s. 8A.36(2)
s. 8A.38(1)
s. 8B.43(4)
s. 8B.57(1)
s. 8B.61(2)
s. 9.65A(2)
Item Offences under The Criminal CodeProvision
s. 82
s. 83
20, s. 85
[Schedule 8A.1 inserted: No. 47 of 2025 s. 157.]
Schedule 9.1 — Certain matters for which Governor may make regulations
[Section 9.60(2)]
Parking for disabled
park means to permit a vehicle, whether attended or not, to remain stationary, except for the purpose of avoiding conflict with other traffic, or complying with the provisions of any law, or of immediately taking up or setting down persons or goods;
parking facilities includes land, buildings, shelters, spaces, signs, notices, and other facilities for the parking of vehicles by members of the public, generally, with or without charge;
parking region means a place where a local law to control parking applies;
stand in relation to a vehicle means to stop a vehicle and permit it to remain stationary, except for the purposes of avoiding conflict with other traffic or of complying with the provisions of any law when the vehicle is being driven.
(a) prohibit the parking or standing of a vehicle within a parking region on any land, whether or not the land is a road or parking facility, that is identified in the specified manner, unless that vehicle is identified in the specified manner as the vehicle of a disabled person;
(b) prescribe the authority by which and the means by which land may be identified for the purposes of paragraph (a);
(c) prescribe the authority by which and the means by which the vehicle of a disabled person may be identified for the purposes of paragraph (a);
(d) prohibit persons not authorised under paragraph (b) or (c) to identify land or vehicles for the purposes of paragraph (a), or to authorise such identification, from purporting to do those things.
[Clause 1 amended: No. 16 of 1999 s. 7(3).]
Disturbing local government land or anything on it
Regulations may prohibit or regulate —
(a) interference with the soil of, or anything on, land that is local government property; or
(b) the taking of anything from land that is local government property.
Obstructing or encroaching on public thoroughfare
(1) Regulations may be made about the obstruction of public thoroughfares by things that —
(a) have been placed on the thoroughfare; or
(b) have fallen from land or fallen from anything on land.
(2) Regulations may be made to ensure that structures and plants do not encroach on a public thoroughfare.
Separating land from public thoroughfare
Regulations may require the owner or occupier of land to keep in good repair any fence or gate that separates the land from a public thoroughfare.
Gates across public thoroughfares
(1) Regulations may be made under which a local government may authorise a person to have across a public thoroughfare that is under its control or management a gate or other device that enables motor traffic to pass and prevents the straying of livestock.
(2) Regulations may include provisions for ensuring that a gate that has been placed across a public thoroughfare with the authority of a local government is not left open.
Dangerous excavation in or near public thoroughfare
Regulations may be made about dangerous excavations in public thoroughfares or land adjoining public thoroughfares.
Crossing from public thoroughfare to private land or private thoroughfare
private land means land that is neither vacant Crown land nor local government land;
private thoroughfare means a thoroughfare that is principally used for access to private land that abuts the thoroughfare and, for the purposes of this clause, that land is land served by the thoroughfare.
(2) Regulations may be made about crossings from public thoroughfares to private land or to private thoroughfares.
(3) Regulations may authorise a local government to require a person to make or repair a crossing from a public thoroughfare to —
(a) private land that the person owns or occupies; or
(b) a private thoroughfare serving private land that the person owns or occupies,
and, if the person fails to do so, to do so itself and recover 50% of the cost as a debt due from the person.
(4) Regulations may provide for the local government to bear some of the cost of making a crossing in certain circumstances.
(5) Regulations may make provision about the proportion in which the cost is attributable to each of several parcels of land that are served by a private thoroughfare.
Private works on, over, or under public places
(1) Regulations may be made to prohibit or control the construction of anything on, over, or under a public thoroughfare or other public place that is local government property.
(2) Subclause (1) does not apply to the construction of things by or on behalf of the Crown or under the authority of an Act.
(3) Regulations cannot authorise permanent or unreasonable obstruction of the ordinary and reasonable use of the public thoroughfare or other public place for the purpose to which it is dedicated.
(4) Section 3.25 applies as if anything constructed as mentioned in this clause were land owned by the person who constructed it and occupied by the persons entitled to use it.
(5) Regulations may require anything constructed in accordance with regulations to be maintained and may require the person who constructs it to insure against any liability that the local government may incur in connection with its construction, maintenance, or use.
Protection of watercourses, drains, tunnels and bridges
Regulations may be made for regulating or preventing the alteration or obstruction of, or interference with, any watercourse, drain, tunnel, or bridge that is local government property.
Protection of thoroughfares from water damage
Regulations may be made for regulating or preventing the alteration or obstruction of, or interference with, the natural flow of surface water across any thoroughfare or other land in such a way as is likely to damage any thoroughfare that is local government property.
Works required for supply of gas or water
(1) Regulations may authorise a local government that is responsible for supplying water or gas to do certain works for the purposes of providing, maintaining, or modifying the supply system.
(2) Regulations cannot authorise a local government to interfere with a supply system that is not local government property without the consent of a person who has authority to consent.
(3) Regulations may authorise a local government to do works in a public place that is not local government property but, unless there are exceptional circumstances, only after the prescribed notice has been given to the person having the management or control of the place and only if that person, or that person’s representative —
(a) is present while the work is being done; or
(b) has notified the local government that the work may be done without the person, or the person’s representative, being present.
[Clause 11 amended: No. 1 of 1998 s. 27.]
Wind erosion and sand drifts
(1) Regulations may be made for preventing or minimizing sand drifts on land that are likely to adversely affect other land.
(2) Regulations may authorise a local government, by notice in writing, to forbid an owner or occupier of land, without the consent of the local government, to clear land of vegetation to any extent within such a distance as is specified in the notice of its common boundary with land that is local government property that it considers might be adversely affected by wind erosion or sand drift as a result of the clearing.
(3) Regulations under subclause (2) are to state that a person who is forbidden to clear land is an affected person for the purposes of Part 9 Division 1 and that Part 9 Division 1 applies to the notice.
[Clause 12 amended: No. 1 of 1998 s. 27; No. 55 of 2004 s. 708.]
[Schedule 9.2, as amended: No. 11 of 2007 s. 13, omitted under the Reprints Act 1984 s. 7(4)(e).]
Schedule 9.3 — Transitional provisions
[Section 9.71]
[Heading amended: No. 2 of 2012 s. 25.]
Division 1 — Provisions for Local Government Act 1995
[Heading inserted: No. 2 of 2012 s. 26.]
[Heading inserted: No. 2 of 2012 s. 26.]
In this Schedule unless the contrary intention appears —
commencement day means the day on which this Act comes into operation;
continuing authority means a former municipality that, on the commencement day, continues in existence as a local government;
designated employee has the meaning given by section 5.74;
former district means a district that existed under the former provisions immediately before the commencement day;
former municipality means a municipality that, under the former provisions, was constituted by the inhabitants of a former district immediately before the commencement day;
former provisions means the Local Government Act 1960 4 as in force before the commencement day.
[Clause 1 amended: No. 16 of 2019 s. 74(1).]
Interpretation Act 1984 applies
This Schedule does not limit the operation of the Interpretation Act 1984.
Construction of references in written laws
(1) Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of this Act.
(2) A reference in a written law to a municipality under the Local Government Act 1960 4 may, where the context so requires, be read as if it had been amended to include or be a reference to a local government under this Act.
(3) A reference in a written law to a regional council under the Local Government Act 1960 4 may, where the context so requires, be read as if it had been amended to include or be a reference to a regional local government under this Act.
(4) A reference in a written law to the town clerk or shire clerk of a municipality may, where the context so requires, be read as if it had been amended to include or be a reference to the CEO of a local government.
(5) A reference in a written law to the secretary of a regional council may, where the context so requires, be read as if it had been amended to include or be a reference to the CEO of a regional local government.
Subdivision 2 — Continuation of constitutional arrangements, membership and appointments
[Heading inserted: No. 2 of 2012 s. 27.]
Former districts continue as districts
(1) On the commencement day —
(a) a former district becomes a district as if it had been declared to be a district under section 2.1; and
(b) its name is to be derived from the name of the former municipality by omitting “Town of”, “City of” or “Shire of”, as the case requires, unless subclause (2) applies.
(2) If subclause (1)(b) would result in 2 or more districts having the same name, the name of each of those districts is to be derived by adding after the name they would have either “(Town)”, “(City)”, or “(Shire)”, as is appropriate.
(3) The former district becomes a city, town or shire under this Act according to which of those the former municipality was under the former provisions even if it does not meet the relevant requirements under section 2.4.
Former municipalities continue as local governments
The local government of a former district that becomes a district under this Act is a continuation of, and the same legal entity as, the former municipality, and has the same name.
Former councils continue as previously constituted
(1) On and after the commencement day, the council of a continuing authority continues as if it had been constituted, and its members had been elected, under this Act.
(2) Without limiting subclause (1), the number of offices of councillor on the council of a continuing authority remains the same until changed under this Act even if the number does not meet the relevant requirements under section 2.17.
(3) The Advisory Board, in a written report to the Minister, is to recommend the making of an order under section 2.18(3)(a) or (c) if in the opinion of the Advisory Board that order is necessary to ensure that the ordinary elections of a continuing authority held on 7 May 2005 are held on the basis of there being a number of offices of councillor on the council that meets the relevant requirements under section 2.17.
(4) The Advisory Board can make a recommendation under subclause (3) whether or not the continuing authority has made a proposal to it under Schedule 2.2.
(5) For the purposes of deciding on any recommendation it is to make under subclause (3), the Advisory Board may carry out any inquiry it thinks necessary.
(6) The Advisory Board may recover the amount of the costs connected with an inquiry under subclause (5) from the continuing authority as if it were for a debt due.
Wards and representation
(1) If, immediately before the commencement day, a former district had a ward system under the former provisions that system (including the boundaries of the wards and the numbers of offices of councillor for the wards) continues to apply on and after the commencement day until it is changed or discontinued under this Act.
(2) If subclause (1) applies to the district of a continuing authority, the continuing authority is to carry out the first review of its ward system under Schedule 2.2, clause 6 within 8 years after the commencement day.
Former method of electing mayor or president continued
The method of filling the office of mayor or president of a continuing authority which had effect under the former provisions immediately before the commencement day continues to have effect on and after the commencement day until a decision under section 2.11(2) to change to the other method mentioned in section 2.11(1)(a) or (b) takes effect.
Commissioners continued
If, immediately before the commencement day, the functions of the council and the mayor or president of a continuing authority were being performed by a commissioner appointed under the former provisions, that appointment continues to have effect, subject to its terms, under this Act.
Regional councils continued
A regional council constituted under the former provisions that was in existence immediately before the commencement day continues in existence as a regional local government on and after that day as if —
(a) it had been constituted as a regional local government under this Act; and
(b) the regional councillors had been appointed as members of the regional local government under this Act; and
(c) the constitution agreement included the provisions of sections 699 to 702, 704 to 707 and 709 of the former provisions and had been approved by the Minister as an establishment agreement under this Act.
Local Government Associations continued
The associations constituted by Part 9, Division 5, are the same legal entities as the associations that were constituted under Part XXX of the former provisions.
Subdivision 3 — Electoral matters
[Heading inserted: No. 2 of 2012 s. 28.]
[12. Deleted: No. 47 of 2024 s. 158.]
Existing provisions continue for elections before 1997 ordinary elections
Despite the commencement of this Act, if an election is held to fill a vacancy in the office of a councillor or a mayor or president elected by the electors and the poll for the election takes place (or would, if needed, have taken place) before 3 May 1997, the former provisions, as in force immediately before the commencement day, continue to apply in relation to the election and the filling of the vacancy as if this Act had not commenced.
Transition from annual to biennial election system
(1) This clause applies to a continuing authority if, immediately before the commencement day, it was under the annual election system under the former provisions.
(2) A continuing authority to which this clause applies may decide —
(a) that the terms of office of each councillor, and the mayor or president where the mode of election is by the electors, will expire on 3 May 1997 and, in that case, any of those terms of office that would, but for this clause, continue beyond that day is, by operation of this clause, reduced to the extent necessary to make it expire on that day; or
(b) that the terms of office of each councillor, and the mayor or president where the mode of election is by the electors, will continue unaffected by this Act and, in that case —
(i) the term of office of a councillor, or mayor or president, where the mode of election is by the electors, elected to fill an office that becomes vacant on 3 May 1997, is 4 years; and
(ii) the term of office of a mayor or president, where the mode of election is by the electors, elected to fill an office that becomes vacant on 2 May 1998, is 3 years; and
(iii) a term of office of either one year or 3 years shall be fixed by the returning officer for any councillor elected to fill an office that becomes vacant on 2 May 1998 so as to give effect to clauses 1 and 2 of Schedule 4.2 in relation to the years 1999 and 2001.
(3) A decision made under subclause (2)(a) or (b) on or after 14 February 1997 has no effect.
(4) A decision made under subclause (2)(b) has no effect unless it is approved by the Minister.
(5) If a continuing authority to which this clause applies does not make an effective decision under subclause (2)(a) or (b) —
(a) the term of office of a councillor, or the mayor or president where the mode of election is by the electors, that would, but for this clause, expire on 2 May 1998 is, by operation of this clause, reduced so that it expires on 3 May 1997; and
(b) the term of office of a councillor, or the mayor or president where the mode of election is by the electors, that expires on 3 May 1997 or 1 May 1999 continues unaffected by this clause; and
(c) without limiting clause 5 of Schedule 4.2, a term of office of 2 years may be fixed for a councillor or councillors elected at the ordinary elections held during 1997 so as to give effect to clauses 1 and 2 of Schedule 4.2 in relation to the year 1999.
[Clause 14 amended: No. 57 of 1997 s. 81(2) and (3).]
14A. Transition to October elections
amending Act means the Local Government Amendment Act 2006;
new ordinary election day provisions means section 4.7 as amended by section 6 of the amending Act.
(2) If by operation of —
(a) item 3, 8, 9 or 10 of the Table to section 2.28; and
(b) a determination made by the returning officer under section 4.78 before the coming into operation of section 6 of the amending Act,
the term of office of a councillor would end on the first Saturday in May in a year, that term of office is to end on the third Saturday in October in that year (but note section 2.30).
(3) Despite section 3.64(e), the establishment agreement for a regional local government may be amended under section 3.65 in consequence of the new ordinary election day provisions even though the amendments result in the current chairman and deputy chairman of the regional local government holding office for terms exceeding 2 years.
[Clause 14A inserted: No. 66 of 2006 s. 15.]
Subdivision 4 — Administration
[Heading inserted: No. 2 of 2012 s. 29.]
Employees
(1) A person employed or engaged by a continuing authority who was working for it immediately before the commencement day is to be taken as being employed by it on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before the commencement day.
(2) Under subclause (1) the person who was formerly the clerk of the continuing authority becomes its CEO.
(3) A person to whom this clause applies retains all existing and accruing rights and benefits as if employment under this Act were a continuation of the person’s employment or engagement immediately before the commencement day.
Superannuation schemes: transitional and savings
(1) Despite the repeal of Part VIA (Employee Superannuation) of the former provisions, the provisions of that Part 8 that applied to a municipality or to the City of Perth (within the meanings of that Part) continue to apply to the continuing authorities in respect of each such municipality or the City of Perth as if this Act had not commenced and so apply until regulations are made under section 5.47 in relation to that continuing authority.
(2) Regulations under this Act may amend the former provisions as continued by subclause (1).
Long service benefits: transitional and savings
(1) Despite the repeal of section 161 of the former provisions, the provisions of that section and regulations made under it that, immediately before the commencement day, applied to an employee as defined in that section continue to apply in respect of that person as if this Act had not commenced and so apply until regulations are made under section 5.48 in relation to that person.
(2) Regulations under this Act may amend the provisions of section 161 of the former provisions, and regulations made under that section, as continued by subclause (1).
Committees continue until first ordinary elections
(1) On and after the commencement day, any committee of a continuing authority existing under the former provisions continues as if it had been established, its members had been appointed and its presiding member had been elected, under this Act.
(2) A committee to which subclause (1) applies is dissolved on 3 May 1997.
(3) A committee to which subclause (1) applies —
(a) has, and can be delegated, the powers which it would have had, or could have been delegated, if it had been established under this Act;
(b) does not have, and cannot be delegated, any powers other than those referred to in paragraph (a).
Delegations continue for up to a year
(1) If a delegation under the former provisions of a power or duty of a kind that can be delegated under this Act has effect immediately before the commencement day, that delegation continues to have effect on and after the commencement day as if it had taken place under this Act.
(2) A delegation to which subclause (1) applies continues to have effect until —
(a) it is revoked in accordance with the terms of the relevant power under which the delegation took place; or
(b) the expiration of one year from the commencement day,
First annual report
A continuing authority is to prepare its first annual report under section 5.53 in relation to the financial year that ends on 30 June next following the commencement day.
First plan for principal activities
A continuing authority is to prepare its first plan for principal activities under section 5.56 for the period that begins on 1 July next following the commencement day.
First code of conduct
A continuing authority is to prepare or adopt its first code of conduct within one year of the commencement day.
First declaration by certain designated employees
If a person is or has become a designated employee of a continuing authority before 3 May 1997 then, for the purposes of Part 5, Division 6, Subdivision 2, a reference to the start day in relation to that person is a reference to 3 May 1997.
Previous records to be kept by continuing authorities
All registers, records and documents which a former municipality was required under the former provisions to keep are to be kept by the continuing authority for the purposes for which the registers, records or documents were required to be kept under those provisions.
Subdivision 5 — Financial management and audit
[Heading inserted: No. 2 of 2012 s. 30.]
Rateable land exemptions
If a notice published by a continuing authority under section 532(3d) of the former provisions is in force immediately before the commencement day —
(a) that notice continues to have effect after the commencement day according to its terms; and
(b) section 532(3e) and (3f) of the former provisions continue to apply to that notice while the notice is in effect as if the reference in section 532(3f)(a) to subsection (3)(c) were a reference to section 6.26(2)(g).
Land declared to be exempt from payment of rates
(1) If land has been declared by the Governor under section 532(8) or (10) of the former provisions to be exempt from municipal rates and that declaration is in force immediately before the commencement day, the land is to be treated as land declared by the Minister under section 6.26(4) to be exempt from rates and the Minister may by declaration made under that subsection cancel or vary that declaration.
(2) If land has been declared by a council under section 532(12) (as read with section 532(11)) of the former provisions to be exempt from municipal rates and that declaration is in force immediately before the commencement day, the land is to continue to be exempt from rates under this Act until the continuing authority cancels that declaration, and those subsections continue to have effect for the purposes of this clause.
Basis of rates
(1) Until a determination is made by the Minister under section 6.28 a continuing authority is to continue to use the system of valuation that was applicable to it, immediately before the commencement day, under section 533 of the former provisions.
(2) If an Order under section 533(17) of the former provisions is in force immediately before the commencement day that Order continues to have effect on and after the commencement day according to its terms but is to be taken to be a determination by the Minister under section 6.28 and may be amended by the Minister under that section.
[Clause 27 amended: No. 57 of 1997 s. 81(4).]
Recovery of rates
If, before the commencement day, a continuing authority has commenced proceedings under Part XXV, Subdivision B or C, of the former provisions, the former provisions continue to have effect in relation to those proceedings until such time as they are completed.
Continuation of debentures issued
If a continuing authority has —
(a) issued a debenture under Part XXVI of the former provisions; and
(b) established a sinking fund under section 615 of the former provisions,
sections 615 to 624 of the former provisions continue to have effect in respect of that debenture until such time as the debenture reaches maturity.
Reserve accounts
(1) If a continuing authority has established a general reserve account under section 528 of the former provisions, the continuing authority is to, not later than 2 years from the commencement day —
(a) use the money for an authorised purpose; or
(b) transfer the money to a reserve account maintained for a purpose in accordance with section 6.11.
(2) The continuing authority is to —
(a) disclose in its annual budget any action to be taken under subclause (1); or
(b) where it is proposed to take any action under subclause (1) after the adoption of the annual budget, give one month’s local public notice of the proposal.
(3) The continuing authority is to disclose action taken under subclause (1) in the annual financial report for the year in which the action is taken.
Borrowing: loan polls
If a continuing authority has given notice of a proposal to borrow money by the issue of debentures under Division 3 of Part XXVI of the former provisions but the notice period required under section 610 of the former provisions has not expired before the commencement day —
(a) subject to paragraph (b), the former provisions continue to apply in relation to that proposed borrowing as if this Act had not commenced; but
(b) the continuing authority is not required to conduct a loan poll under section 611 of the former provisions unless a demand for such a poll was delivered in accordance with that section to the local government before the commencement day.
[32. Deleted: No. 5 of 2017 s. 21(1).]
Subdivision 6 — Former by-laws, uniform general by-laws and regulations
[Heading inserted: No. 2 of 2012 s. 31.]
Former by‑laws continued
(1) Unless otherwise provided, a provision of an Act that, immediately before the commencement day, gave a former municipality power to make by‑laws is to be read, on and after the commencement day, as if it had been amended to give a power to a local government to make local laws.
(2) Without limiting Part 3, Division 2, Subdivision 2, any provision relating to the exercise of the former power to make by‑laws applies to the exercise of the power to make local laws.
(3) On the commencement day a by‑law of a continuing authority under another Act (other than the former provisions) becomes a local law of the continuing authority under that other Act.
(4) On the commencement day a by‑law of a continuing authority under the former provisions becomes a local law of the continuing authority under this Act, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.
(4a) An order made under section 190(8) of the former provisions continues to have effect in respect of the application to the relevant area of —
(a) by‑laws which applied to the area under the order immediately before the commencement day; and
(b) local laws amending those by‑laws.
(4b) An order made under section 190(8) of the former provisions may be revoked under section 3.6(3) as if it was an approval given under section 3.6(1).
(5) On the commencement day a by‑law of a continuing authority that was made under or for the purposes of a former provision about infringement notices is to be read, unless the context otherwise requires, as if it had been amended to the extent necessary for it to apply for the purposes of Part 9, Division 2, Subdivision 2.
(6) In any other written law, apart from section 42 of the Interpretation Act 1984, a reference to a by‑law of a former municipality is to be read as if it had been amended to be a reference to a local law.
(7) The citation of by‑laws that, under this Act or section 7 of the Local Government (Consequential Amendments) Act 1996, become local laws (in the provision assigning the citation to the by‑laws and in a reference in a written law to that citation) is to be read as if “By‑law” or “By‑laws”, where it occurs in that citation, had been amended to be “Local laws”.
[Clause 33 amended: No. 14 of 1996 s. 4; No. 49 of 2004 s. 73(2).]
First periodic review as a local law
For the purposes of section 3.16(1) a written law that was already in force before being continued under this Act as a local law is to be regarded as having commenced when it became a local law.
Former uniform general by‑laws continued
(1) A provision of the Dog Act 1976 or the Control of Vehicles (Off‑road Areas) Act 1978 that, immediately before the commencement day, gave the Governor power to make uniform general by‑laws is to be read, after the commencement day, as if it had been amended to give a power to make regulations.
(2) Any provision relating to the exercise of the former power to make uniform general by‑laws applies to the exercise of the power to make regulations.
(3) On the commencement day a uniform general by‑law made by the Governor under the Dog Act 1976 or the Control of Vehicles (Off‑road Areas) Act 1978 becomes a regulation under that Act.
(4) On the commencement day a uniform general by‑law made by the Governor under the former provisions becomes a regulation under section 9.60, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.
(5) In any other written law a reference to a uniform general by‑law is to be read as if it had been amended to be a reference to a regulation.
Former regulations continued
On the commencement day a regulation under section 245A or 433A of the former provisions becomes a regulation under section 9.60, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.
Subdivision 7 — Miscellaneous
[Heading inserted: No. 2 of 2012 s. 32.]
Townsites
Land that was, under the former provisions, a townsite because it was declared to be a townsite under those provisions or under an Act repealed by the Local Government Act 1960 4 is to be regarded as having been constituted a townsite, and given its name, under section 10 of the Land Act 1933 5.
Gates across thoroughfares in cities or towns
(1) A licence under section 333 of the former provisions continues in force after the repeal of that section if it would have done so had that section not been repealed, and that section (in subclause (2) called the former section) continues in operation after its repeal for the purposes of the cancellation of such a licence.
(2) Section 9.65(1) applies to an order under the former section cancelling the order under which the licence was granted.
Deferments under Rates and Charges (Rebates and Deferments) Act 1992
The Rates and Charges (Rebates and Deferments) Act 1992 continues to apply to the payment of an amount that had been deferred under the former provisions if, under those provisions, it applied to that payment.
Commercial enterprises
(1) Section 3.59(8) does not apply in relation to an activity that —
(a) was commenced before the commencement day; and
(b) would have been a major trading undertaking before the commencement day if this Act had already been in operation,
if it is not intended to carry the activity on beyond the period of 2 years after the commencement day.
(2) If it is intended to carry the activity on beyond the period of 2 years after the commencement day, section 3.59(8) does not apply until one year after the commencement day.
(3) Where an agreement that is a part of a land transaction was entered into before the commencement day, section 3.59(9) does not apply in relation to the doing of anything as a result of which the transaction would become a major land transaction if it is intended that the purpose of the transaction will be fulfilled within the period of 2 years after the commencement day.
(4) If it is not intended that the purpose of the transaction will be fulfilled within the period of 2 years after the commencement day, the application of section 3.59(9) in relation to the doing of anything during the first year after the commencement day is modified to allow the local government to comply with the requirements referred to in that subsection after the thing has been done but not later than the end of that year.
Evidence in proceedings under former provisions
The provisions in Part XXVIII, Division 1, Subdivision B of the former provisions continue to apply in relation to legal and other proceedings about matters that arose under the former provisions before the commencement day.
Division 2 — Provisions for the Local Government Amendment Act 2012
[Heading inserted: No. 2 of 2012 s. 33.]
Term used: amending Act
amending Act means the Local Government Amendment Act 2012**.**
[Clause 42 inserted: No. 2 of 2012 s. 33.]
Saving provisions for CEOs
preserved CEO, in relation to a local government, means a person who is employed, other than in an acting or temporary capacity, as the CEO of the local government on 19 October 2011.
(2) Section 5.39(7) does not apply in respect of —
(a) a CEO for such time as that person is employed under a contract of employment —
(i) that was entered into or renewed before section 13 of the amending Act came into operation; or
(ii) for a position that was advertised before section 13 of the amending Act came into operation;
or
(b) a preserved CEO of a local government if —
(i) the remuneration paid or provided to the CEO on 19 October 2011 under a contract of employment was more than the amount recommended by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A to be paid or provided to the CEO at that time; and
(ii) the CEO continues to be employed as the CEO of that local government.
(3) Section 5.39(8) does not apply to a local government that is renewing a contract of employment with its preserved CEO in the circumstances set out in subsection (2)(b).
(4) Before a local government renews a contract with its preserved CEO in circumstances set out in subsection (2)(b), the local government must take into account any determination by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A as to the remuneration to be paid or provided to a CEO of a local government that is of a comparable size and location.
[Clause 43 inserted: No. 2 of 2012 s. 33.]
Section 6.14(1) does not apply to existing investments
Section 6.14(1) as in force immediately before the coming into operation of section 19(1) of the amending Act (the amending provision) continues to operate in respect of any investment made under section 6.14(1) before the coming into operation of the amending provision but does not operate so as to allow any reinvestment under that provision.
[Clause 44 inserted: No. 2 of 2012 s. 33.]
Division 3 — Provisions for Local Government Legislation Amendment Act 2016
[Heading inserted: No. 26 of 2016 s. 25.]
Term used: amending Act
amending Act means the Local Government Legislation Amendment Act 2016.
[Clause 45 inserted: No. 26 of 2016 s. 25.]
Part 5 Division 9: complaints
Sections 5.110A and 5.110 (as amended by the amending Act) apply to and in relation to a complaint whether made before or after the amending Act section 15 comes into operation.
[Clause 46 inserted: No. 26 of 2016 s. 25.]
Part 9 Division 2 Subdivision 2
(1) An infringement notice given under section 9.16 before the amending Act section 19 comes into operation is not invalid, and is to be taken never to have been invalid, just because the notice provided that the amount of the modified penalty may be paid to an authorised person at a particular place and did not state who are authorised persons for the purposes of receiving payment of modified penalties.
(2) Any extension of time for payment given under section 9.19 before the amending Act section 20 comes into operation is to be taken to have been given by the CEO of the relevant local government.
(3) Any withdrawal of an infringement notice before the amending Act section 21 comes into operation is to be taken to have been done by the CEO of the relevant local government.
[Clause 47 inserted: No. 26 of 2016 s. 25.]
Schedule 2.1: transitional arrangements
Schedule 2.1 clause 11(5A) and (5B) apply to and in relation to the termination or variation of a contract of employment whether entered into before or after the amending Act section 23 comes into operation.
[Clause 48 inserted: No. 26 of 2016 s. 25.]
Division 4 — Provisions for the Local Government Amendment (Auditing) Act 2017
[Heading inserted: No. 5 of 2017 s. 21(2).]
Terms used
audit contract has the meaning given in section 7.1;
commencement day has the meaning given in section 7.1.
[Clause 49 inserted: No. 5 of 2017 s. 21(2).]
Minister to publish status of audit contracts
During the period beginning on commencement day and ending on the day fixed by proclamation under the Local Government Amendment (Auditing) Act 2017 section 22(2), the Minister must publish on a website maintained by the Department a list of —
(a) local governments that have an audit contract that is in force; and
(b) local governments that do not have an audit contract that is in force.
[Clause 50 inserted: No. 5 of 2017 s. 21(2).]
Audit contracts may be terminated after completion of FY17/18 audit
FY17/18 audit, in relation to a local government, means an audit of the local government conducted under section 7.9(1) in respect of the financial year ending on 30 June 2018.
(2) This clause applies in relation to a local government after the completion of the FY17/18 audit for the local government.
(3) The Departmental CEO may give notice (a notice) to a local government specifying the date (the termination date) on which the audit contract for the local government is to terminate.
(4) An audit contract in relation to which a notice is given is terminated by force of this provision on the termination date.
(5) The Departmental CEO may give a notice on the Departmental CEO’s own initiative.
(6) The Minister may —
(a) request the Departmental CEO to give a notice to a local government; and
(b) nominate the termination date to be specified in the notice.
(7) On request by the Minister, the Departmental CEO must give a notice to the local government specifying the termination date nominated by the Minister.
(8) A notice given or request made under this clause must be in writing.
[Clause 51 inserted: No. 5 of 2017 s. 21(2).]
Audit contracts are terminated after completion of FY19/20 audit
FY19/20 audit, in relation to a local government, means an audit of the local government conducted under section 7.9(1) in respect of the financial year ending on 30 June 2020.
(2) An audit contract for a local government, unless earlier lawfully terminated, is terminated by force of this provision on completion of the FY19/20 audit for the local government.
[Clause 52 inserted: No. 5 of 2017 s. 21(2).]
No breach of contract
Anything that occurs by operation of this Division is not to be regarded as a breach of contract.
[Clause 53 inserted: No. 5 of 2017 s. 21(2).]
Transitional regulations
specified means specified or described in the regulations;
(a) means a matter or issue of a transitional nature that arises as a result of the enactment of the Local Government Amendment (Auditing) Act 2017; and
(2) If there is not sufficient provision in this Division 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.
(3) Regulations made under subclause (2) may provide that specified provisions of a written law —
(a) do not apply to or in relation to any matter; or
(b) apply with specified modifications to or in relation to any matter.
(4) If regulations made under subclause (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 clause comes into operation, the regulations have effect according to their terms.
(5) If regulations made under subclause (2) contain a provision referred to in subclause (4), the provision does not operate so as —
(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
(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.
(6) Regulations made under subclause (2) in relation to a matter referred to in subclause (3) must be made within whatever period is reasonably and practicably necessary to deal with a transitional matter.
[Clause 54 inserted: No. 5 of 2017 s. 21(2).]
Division 5 — Provisions for the Local Government Legislation Amendment Act 2019
[Heading inserted: No. 16 of 2019 s. 74(2).]
Authorised persons
(1) This clause applies to a person who, immediately before the day on which the Local Government Legislation Amendment Act 2019 section 64 comes into operation, was a person appointed under section 9.10(1) for the purposes of performing particular functions.
(2) The person is taken to be an authorised person appointed under section 9.10(2) for the purposes of this Act on the terms and conditions that were applicable to the person’s appointment under section 9.10(1) immediately before the day referred to in subclause (1).
[Clause 55 inserted: No. 16 of 2019 s. 74(2).]
Register of gifts
commencement day means the day on which the Local Government Legislation Amendment Act 2019 section 40 comes into operation;
former provisions means sections 5.82 and 5.83 as in force immediately before the day on which the Local Government Legislation Amendment Act 2019 section 37 comes into operation;
former section 5.89A(7) means section 5.89A(7) as in force immediately before commencement day.
(2) In addition to the record required by section 5.89A(2), the register of gifts kept under section 5.89A(1) must contain a record of disclosures made under the former provisions that were recorded in the register immediately before commencement day.
(3) Former section 5.89A(7) continues to apply in relation to disclosures made under the former provisions that, immediately before commencement day, were being kept by the CEO and made available for public inspection under that subsection.
[Clause 56 inserted: No. 16 of 2019 s. 74(3).]
Division 6 — Provisions for Local Government Amendment Act 2023
[Heading inserted: No. 11 of 2023 s. 99.]
Term used: 2023 amendment Act
2023 amendment Act means the Local Government Amendment Act 2023.
[Clause 57 inserted: No. 11 of 2023 s. 99.]
Continued application of repealed provisions relating to membership and size of councils
amendment day means the day on which section 13 of the 2023 amendment Act comes into operation;
transitional time, in relation to a local government, means any time that falls —
(a) on or after amendment day; and
(b) before —
(i) an order has been made under section 2.16B, as inserted by section 13 of the 2023 amendment Act, specifying an estimate of the district’s population for the first time; and
(ii) the provision made by the order under section 2.16B(1)(b) in respect of the specified estimate has taken effect in accordance with the provision made under section 2.16B(2).
(2) Despite the amendment made by section 13 of the 2023 amendment Act, section 2.17, as in force immediately before amendment day, continues to apply in relation to a local government at all transitional times.
(3) This clause does not apply to the City of Perth.
[Clause 58 inserted: No. 11 of 2023 s. 99.]
Transitional orders relating to constitution of local government
amendment day means the day on which section 16 of the 2023 amendment Act comes into operation;
election has the meaning given in section 4.1;
election day, in relation to a local government, means —
(a) an ordinary election day for the local government; or
(b) any other day —
(i) that is fixed under this Act for the holding of any poll needed for an election for the local government (whether or not any poll is actually held); and
(ii) that is no later than 4 years after amendment day;
ordinary election day, in relation to a local government, means a day —
(a) that is fixed under this Act for the holding of any polls needed for ordinary elections for the local government (whether or not any polls are actually held); and
(b) that is no later than 4 years after amendment day.
(2) The Governor may, by order (a transitional order), do anything authorised under this clause.
(3) A transitional order may abolish all of the wards in a district on an election day for the local government.
(4) A transitional order may specify —
(a) the number of offices of councillor that a council is to have on and from an election day for the local government; and
(b) if relevant — the number of offices of councillor that each ward in the district is to have on and from the election day.
(5) A transitional order —
(a) may specify —
(i) the number of offices of councillor that a council is to have on and from an election day for the local government until a subsequent election day for the local government; and
(ii) if relevant — the number of offices of councillor that each ward in the district is to have on and from the election day until the subsequent election day;
and
(b) may specify —
(i) the number of offices of councillor that the council is to have on and from the subsequent election day; and
(ii) if relevant —the number of offices of councillor that each ward in the district is to have on and from the subsequent election day.
(6) Any provision made under subclause (5)(a) has effect despite section 2.17 or 2.17A as inserted by section 13 of the 2023 amendment Act.
(7) A transitional order may provide for this Act to apply as if the Table to section 2.28 provided for the terms of all councillors on a council, or of all councillors on a council for a ward, to end on an ordinary election day for the local government.
(8) If provision is made under subclause (7) —
(a) the ordinary elections are to be held accordingly for the purpose of filling all offices of councillor or of councillor for the ward (as the number of those offices may be increased or decreased on the ordinary election day by provision made under subclause (4) or (5)); and
(b) item 4A in the Table to section 2.28, as inserted by section 19(3) of the 2023 amendment Act, applies to a councillor elected at the ordinary elections as if the provision made under subclause (7) were a provision made by a change order under section 2.18A(8) as inserted by section 16 of the 2023 amendment Act.
(9) A transitional order does not prevent an order being subsequently made under Part 2 in relation to a local government or district.
(10) The Interpretation Act 1984 section 42 applies to a transitional order as if the transitional order were regulations made under this Act.
[Clause 59 inserted: No. 11 of 2023 s. 99.]
Enrolment eligibility claims
(1) Despite the amendment made by section 30(1) of the 2023 amendment Act, section 4.32(2) to (4), as in force immediately before the day on which section 30(1) of the 2023 amendment Act comes into operation, continue to apply on and after that day to enrolment eligibility claims made before that day.
(2) Section 4.33(1A)(a), as inserted by section 31(1) of the 2023 amendment Act, does not apply to enrolment eligibility claims made before the day on which section 31(1) of the 2023 amendment Act comes into operation.
[Clause 60 inserted: No. 11 of 2023 s. 99.]
Electors’ special meetings
amendment day means the day on which section 60 of the 2023 amendment Act comes into operation.
(2) The amendment made by section 60(1) of the 2023 amendment Act does not affect the requirement to hold a special meeting on a request made before amendment day.
(3) Section 5.28(5), as inserted by section 60(2) of the 2023 amendment Act, does not apply if the request for the special meeting is made before amendment day.
[Clause 61 inserted: No. 11 of 2023 s. 99.]
Transitional regulations
specified means specified or described in regulations made for the purposes of subclause (2);
(a) means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act, or to any other written law, made by the 2023 amendment Act; and
(2) Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter.
(3) Without limiting subclause (2), regulations made for the purposes of that subclause may provide that specified provisions of this Act or any other written law —
(a) do not apply to, or in relation to, a specified matter or thing; or
(b) apply with specified modifications to, or in relation to, a specified matter or thing.
[Clause 62 inserted: No. 11 of 2023 s. 99.]
Division 7 — Provisions for Local Government Amendment Act 2024
Term used: 2024 amendment Act
2024 amendment Act means the Local Government Amendment Act 2024.
[Clause 63 inserted: No. 47 of 2024 s. 159.]
Subdivision 2 — Serious local government offences
Conviction for serious local government offence
A person convicted of a serious local government offence (as defined in section 2.22(3)) before section 10(2) of the 2024 amendment Act comes into operation is taken to have been convicted of a serious local government offence for the purposes of section 2.22 as amended by the 2024 amendment Act.
[Clause 64 inserted: No. 47 of 2024 s. 159.]
Subdivision 3 — Local laws
Periodic review of local laws
amendment day means the day on which section 20 of the 2024 amendment Act comes into operation;
pre‑amendment local law means a local law that commenced before amendment day;
relevant pre‑amendment period means the period of 8 years ending on the day before amendment day.
(2) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies on and after amendment day to pre‑amendment local laws, but subject to subclauses (3) to (10) where applicable.
(3) Subclause (4) applies to a pre‑amendment local law if —
(a) on 1 or more occasions during the relevant pre‑amendment period, the local government gave local public notice in respect of a review of the pre‑amendment local law under section 3.16(2); and
(b) on that occasion or on the last of those occasions, the local government completed the review before amendment day.
(4) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies on and after amendment day as if the local government had made, on the day on which the local government completed the review, a determination under section 3.16(4) in respect of the pre‑amendment local law.
(5) Subclauses (6) and (7) apply to a pre‑amendment local law if —
(a) during the relevant pre‑amendment period, the local government gave local public notice in respect of a review of the pre‑amendment local law under section 3.16(2); but
(b) the local government did not complete the review before amendment day.
(6) The local government must complete the review on or after amendment day as if section 3.16 had not been amended by section 20 of the 2024 amendment Act.
(7) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies after the day on which the local government completes the review as if the local government had made, on that day, a determination under section 3.16(4) in respect of the pre‑amendment local law.
(8) For the purposes of subclauses (3) to (7), a local government completes a review of a pre‑amendment local law when —
(a) the local government has, under section 3.16(3), considered any submissions made and has caused a report of the review to be prepared and submitted to its council; and
(b) its council has then completed its consideration of the report.
(9) Subclause (10) applies to a pre‑amendment local law if —
(a) the pre‑amendment local law commenced before the relevant pre‑amendment period; and
(b) during the relevant pre‑amendment period, the local government gave no local public notice in respect of a review of the pre‑amendment local law under section 3.16(2).
(10) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies on and after amendment day as if the period of 15 years after the day on which the pre‑amendment local law commenced ends at the end of the period of 2 years beginning on amendment day.
(11) If different provisions of a local law commenced on different days, for the purposes of this clause, the local law is taken to have commenced on the earliest of those days.
[Clause 65 inserted: No. 47 of 2024 s. 159.]
Subdivision 4 — Committees
Establishment of committees
amendment day means the day on which section 38 of the 2024 amendment Act comes into operation;
existing committee means a committee of a council that is in place under section 5.8 immediately before amendment day.
(2) On and after amendment day, an existing committee continues in place as if it were established under section 5.8 as inserted by section 38 of the 2024 amendment Act.
[Clause 66 inserted: No. 47 of 2024 s. 159.]
Presiding members
amendment day means the day on which section 39 of the 2024 amendment Act comes into operation;
existing committee means a committee of the council of a local government that is in place immediately before amendment day;
new section 5.12(1) means section 5.12(1) as inserted by section 39 of the 2024 amendment Act.
(2) For each of its existing committees, a local government must make its first appointment of the presiding member under new section 5.12(1) no later than 1 July 2025.
(3) Until the first appointment is made, the person who, immediately before amendment day, is the presiding member of the existing committee may continue to be the presiding member.
(4) If that person goes out of office before the first appointment is made, the person’s replacement as presiding member must be appointed by the local government under new section 5.12(1) as soon as practicable (but no later than 1 July 2025).
[Clause 67 inserted: No. 47 of 2024 s. 159.]
Deputy presiding members
amendment day means the day on which section 39 of the 2024 amendment Act comes into operation;
existing deputy presiding member means a person who, immediately before amendment day, is the deputy presiding member of a committee of the council of a local government;
new section 5.12(2) means section 5.12(2) as inserted by section 39 of the 2024 amendment Act.
(2) An existing deputy presiding member may continue to be the deputy presiding member of their committee until the end of 30 June 2025.
(3) Subclause (2) ceases to apply if the existing deputy presiding member, or another person, is appointed by the local government as the deputy presiding member of the committee under new section 5.12(2).
[Clause 68 inserted: No. 47 of 2024 s. 159.]
Audit, risk and improvement committees
amendment day means the day on which section 87 of the 2024 amendment Act comes into operation;
audit, risk and improvement committee includes a shared committee under section 7.1CB as inserted by section 87 of the 2024 amendment Act;
existing audit committee means a local government’s audit committee that, immediately before amendment day, is in place under old Part 7 Division 1A;
new Part 7 Division 1A means Part 7 Division 1A as inserted by section 87 of the 2024 amendment Act;
old Part 7 Division 1A means Part 7 Division 1A as in force immediately before amendment day.
(2) A local government must, in accordance with new Part 7 Division 1A, establish its audit, risk and improvement committee no later than 6 months after amendment day.
(3) On and after amendment day, until the audit, risk and improvement committee is established —
(a) the local government’s existing audit committee continues in place in accordance with old Part 7 Division 1A; and
(b) the local government may, as and when required, appoint members to the existing audit committee in accordance with old Part 7 Division 1A; and
(c) the existing audit committee’s functions are those of the audit, risk and improvement committee.
[Clause 69 inserted: No. 47 of 2024 s. 159.]
Subdivision 5 — Electoral matters
Nominee of body corporate
amendment day means the day on which section 32 of the 2024 amendment Act comes into operation;
officer, in relation to a body corporate, has the meaning given in section 4.31(1GA) as inserted by section 32 of the 2024 amendment Act.
(2) This clause applies to a nomination by a body corporate that is in force under section 4.31(1G) immediately before amendment day.
(3) On and after amendment day —
(a) the nomination continues in force as if it were made under section 4.31(1G) as inserted by section 32 of the 2024 amendment Act; but
(b) despite section 4.31(1G)(a) as inserted by section 32 of the 2024 amendment Act, the nominee does not have to be an officer or employee of the body corporate in order to be an owner or occupier of rateable property on the basis of the nomination.
[Clause 70 inserted: No. 47 of 2024 s. 159.]
Saving for cl. 12
amendment day means the day on which section 158 of the 2024 amendment Act comes into operation;
enrolment eligibility claim means a claim under section 4.32.
(2) Clause 12, as in force immediately before amendment day, continues to apply, on and after amendment day, in relation to the following as if clause 12 had not been deleted by section 158 of the 2024 amendment Act —
(a) an enrolment eligibility claim made before amendment day;
(b) a person who is an elector by virtue of an enrolment eligibility claim made before amendment day.
(3) On and after amendment day, a person is not qualified under section 2.19(1)(b) if the person is only eligible for enrolment under section 4.30(1)(a) and (b) because of subclause (2).
[Clause 71 inserted: No. 47 of 2024 s. 159.]
Subdivision 6 — Conduct breaches and disciplinary matters
Terms used
(1) In this Subdivision —
amendment day means the day on which section 71 of the 2024 amendment Act comes into operation;
new Part 8A means Part 8A of this Act as in force after amendment day;
old Schedule means Schedule 5.1 of this Act as in force immediately before amendment day;
old section means a section of this Act as in force immediately before amendment day;
standards panel means a standards panel established under old section 5.122(1) or (2).
(2) A term used in this Subdivision that is given a meaning in this Act (including as amended by the 2024 amendment Act) has the same meaning.
[Clause 72 inserted: No. 47 of 2024 s. 159.]
Pending conduct matters: minor breach, recurrent breach, serious breach
(1) This subclause applies if, on amendment day, a standards panel is dealing with a complaint allocated to the standards panel under old section 5.110 but has not acted under subsection (2) of that section in respect of the complaint.
(2) If subclause (1) applies, the standards panel may deal with the complaint under old section 5.110 and the old Schedule continues to apply for that purpose.
(3) Despite subclause (2), if the breach alleged in the complaint might be a recurrent breach if found to have been committed, the standards panel must give the complaint to the Inspector to be dealt with under new Part 8A as if it were a complaint alleging a conduct breach.
(4) Old section 5.125 continues to apply in relation to a decision of a standards panel.
(5) If, before amendment day, the Departmental CEO has received a complaint under old section 5.114 alleging a serious breach, and the Departmental CEO considers that it may be appropriate to make an allegation to the State Administrative Tribunal in relation to the matter, the Departmental CEO must send the complaint to the Inspector to be dealt with under new Part 8A as if it were a complaint of a specified breach.
(6) If, on amendment day, an allegation under old section 5.112 or old section 5.116 is pending before the State Administrative Tribunal, the Tribunal must deal with the allegation as if it were an allegation of a recurrent breach or specified breach made to the Tribunal under this Act as amended.
[Clause 73 inserted: No. 47 of 2024 s. 159.]
Findings about minor, recurrent and serious breaches committed before amendment day
(1) A minor breach found before amendment day or under clause 73 to have been committed is taken to have been found to be a conduct breach for the purposes of this Act.
(2) A recurrent breach found before amendment day to have been committed is taken to have been found to be a recurrent breach for the purposes of this Act.
(3) A serious breach found before amendment day to have been committed is taken to have been found to be a specified breach for the purposes of this Act.
[Clause 74 inserted: No. 47 of 2024 s. 159.]
Order made before amendment day
(1) An order imposing a sanction under old section 5.110(6), old section 5.113 or old section 5.117(1) may be enforced as if it were —
(a) in the case of an order under old section 5.110(6) — an order under new Part 8A section 8A.18(4);
(b) in the case of an order under old section 5.113 — an order under new Part 8A section 8A.14(5);
(c) in the case of an order under old section 5.117(1) — an order under new Part 8A section 8A.25(1).
(2) Except in section 2.25A as inserted by section 12 of the 2024 amendment Act, a person suspended by order under old section 5.113 or old section 5.117(1) is taken to be or to have been suspended by order under new Part 8A section 8A.14(5), 8A.18(4) or 8A.25(1).
(3) A person disqualified by order under old section 5.113 or old section 5.117(1) from holding office as a member of a council is taken to be or to have been disqualified by order under new Part 8A section 8A.14(5) or 8A.25(1).
[Clause 75 inserted: No. 47 of 2024 s. 159.]
Primary standards panel annual report
primary standards panel means the standards panel established under old section 5.122(1).
(2) The primary standards panel must, as soon as practicable after amendment day, prepare and provide to the Minister a report on the complaints dealt with by all standards panels (including complaints dealt with under clause 72) after the last report was given to the Minister under the old Schedule clause 11.
(3) For the purposes of subclause (2), the old Schedule continues to apply to the primary standards panel.
(4) The Minister must cause a copy of the report to be laid before each House of Parliament.
[Clause 76 inserted: No. 47 of 2024 s. 159.]
Subdivision 7 — Inquiries and Ministerial intervention
Current inquiries by, or authorised by, Departmental CEO
amendment day means the day on which section 91 of the 2024 amendment Act comes into operation;
current inquiry means an inquiry commenced under former Division 1 that is current or continuing under former Division 1 immediately before amendment day;
former Division 1 means Part 8 Division 1 as in force immediately before amendment day;
old section means a section of this Act as in force immediately before amendment day.
(2) An inquiry has commenced under former Division 1 if —
(a) the Departmental CEO has commenced the inquiry under old section 8.3(1); or
(b) the Departmental CEO has authorised the inquiry under old section 8.3(2).
(3) A current inquiry must be conducted in the manner provided by former Division 1, and its provisions apply accordingly.
[Clause 77 inserted: No. 47 of 2024 s. 159.]
Inquiry Panels
amendment day means the day on which section 101 of the 2024 amendment Act comes into operation;
Inquiry Panel means an Inquiry Panel appointed under section 8.16 as in force immediately before amendment day.
(2) An Inquiry Panel conducting an inquiry immediately before amendment day is taken to have been appointed as an Independent Inquiry and —
(a) this Act as amended by the 2024 amendment Act applies accordingly; and
(b) any member of the Inquiry Panel —
(i) continues in office as a member of the Independent Inquiry; and
(ii) subject to this Act, holds the office for the duration of the inquiry.
[Clause 78 inserted: No. 47 of 2024 s. 159.]
Ministerial intervention
amendment day means the day on which section 91 of the 2024 amendment Act comes into operation.
(2) For the purposes of Part 8 Division 1A —
(a) a reference in section 8.15E(2)(b) to an allegation includes a reference to an allegation mentioned in section 8.15E(2)(b) as in force immediately before amendment day;
(b) a reference in sections 8.15E(3) and (4) and 8.15K(2) to advice of the Inspector includes a reference to advice provided by the Departmental CEO before amendment day.
[Clause 79 inserted: No. 47 of 2024 s. 159.]
Subdivision 8 — Misapplication of funds and property
Part 8 Division 4 authorisations and Departmental CEO actions and approvals
amendment day means the day on which section 119 of the 2024 amendment Act comes into operation;
existing authorisation means an authorisation in operation under section 8.36 immediately before amendment day.
(2) A person authorised to act under an existing authorisation may continue to act as if the authorisation were an authorisation under section 8.36 as amended by section 119 of the 2024 amendment Act.
(3) The Departmental CEO may continue to carry out any inquiry or other action commenced by the Departmental CEO under Part 8 Division 4 before amendment day, and for that purpose may exercise any of the powers of the Inspector under Part 8 Division 4 as amended by the 2024 amendment Act.
(4) An approval given by the Departmental CEO under section 8.41(2) before amendment day continues to have effect as if it were given by the Inspector under section 8.41(2) as amended by section 121 of the 2024 amendment Act.
[Clause 80 inserted: No. 47 of 2024 s. 159.]
Subdivision 9 — General
Transitional regulations
specified means specified or described in the regulations;
(a) means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act, or to any other written law, made by the 2024 amendment Act; and
(2) Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter.
(3) Without limiting subclause (2), regulations made for the purposes of that subclause may provide that specified provisions of this Act or any other written law —
(a) do not apply to, or in relation to, a specified matter or thing; or
(b) apply with specified modifications to, or in relation to, a specified matter or thing.
(4) If regulations made for the purposes of subclause (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 accordance with the Interpretation Act 1984 section 41(1)(a) but not earlier than the day on which section 159 of the 2024 amendment Act comes into operation, the regulations have effect according to their terms.
(5) If regulations made for the purposes of subclause (2) contain a provision of a kind described in subclause (4), the provision does not operate so as —
(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
(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.
[Clause 81 inserted: No. 47 of 2024 s. 159.]
dline
Notes
This is a compilation of the Local Government Act 1995 and includes amendments made by other written laws 9, 10. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Local Government Act 1995
74 of 1995
9 Jan 1996
1 Jul 1996 (see s. 1.2)
Local Government Act (Schedule 3.1) Amendment Regulations 1996 published: Gazette 24 Jun 1996 p. 2861‑2
1 Jul 1996 (see r. 2)
Local Government (Consequential Amendments) Act 1996 s. 4 11
14 of 1996
28 Jun 1996
1 Jul 1996 (see s. 2)
Local Government Act (Schedule 3.1) Amendment Regulations (No. 2) 1996 published: 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: 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 12, 13
1 of 1998
26 Mar 1998
Act other than s. 21: 26 Mar 1998 (see s. 2(1)); s. 21: 1 Jul 1998 (see s. 2(2))
Local Government Amendment Act (No. 2) 1998 14, 15
64 of 1998
12 Jan 1999
12 Jan 1999 (see s. 2)
Perth Parking Management (Consequential Provisions) Act 1999 s. 7(3) 16
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)
Corporations (Consequential Amendments) Act 2001 Pt. 36
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)
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 17
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: 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 18-23
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; s. 17, 30‑37, 38(1) and (2) and 39‑41: 22 Jan 2005 (see s. 2 and Gazette 21 Jan 2005 p. 257); s. 10‑15, 18, 21, 22, 42, 46(3), 47, 48, 53, 55‑58, 61‑64, 67, 68, 70, 71, 73 and 74: 1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029); s. 4‑9, 16(4), 19(1), 23‑29, 43‑45, 46(1), (2) and (4), 49‑52, 54, 65, 66, 69 and 72: 7 May 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029 and 29 Apr 2005 p. 1771); Proclamation published 31 Mar 2005 p. 1029 revoked to the extent that the proclamation applies to s. 16(1), (2), (3) and (5) and s. 19(2) (see Gazette 29 Apr 2005 p. 1771); s. 59 and 60: 1 Jul 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)
Courts Legislation Amendment and Repeal Act 2004 s. 141 24
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 25, 26
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: 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 27
28 of 2006
26 Jun 2006
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Land Information Authority Act 2006 s. 144
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)); s. 14: 6 Sep 2007 (see s. 2(2) and Gazette 21 Aug 2007 p. 4173)
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; Act other than s. 1 and 2: 21 Oct 2007 (see s. 2 and Gazette 21 Aug 2007 p. 4173)
Local Government Amendment Act 2007
9 of 2007
25 Jun 2007
s. 1 and 2: 25 Jun 2007; Act other than s. 1 and 2: 6 Sep 2007 (see s. 2 and Gazette 3 Aug 2007 p. 3989)
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)
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)); Act other than s. 1 and 2: 29 Aug 2009 (see s. 2(b) and Gazette 28 Aug 2009 p. 3347)
Local Government Amendment Act 2009
17 of 2009
16 Sep 2009
s. 1 and 2: 16 Sep 2009 (see s. 2(a)); Act other than s. 1, 2 and 34: 21 Nov 2009 (see s. 2(b) and Gazette 20 Nov 2009 p. 4649); s. 34: 4 May 2011 (see s. 2(b) and Gazette 3 May 2011 p. 1577)
Co‑operatives Act 2009 s. 506 and 516
24 of 2009
22 Oct 2009
s. 506: 16 May 2011 (see s. 2(d) and Gazette 24 Jun 2011 p. 2516); s. 516: 1 Sep 2012 (see s. 2(c) and Gazette 13 Aug 2010 p. 3975)
Reprint 5: The Local Government Act 1995 as at 5 Feb 2010 (includes amendments listed above except those in the Local Government Amendment Act 2009 s. 34 and the Co‑operatives Act 2009)
Standardisation of Formatting Act 2010 s. 44(2) and 51
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
2 of 2012
4 Apr 2012
Pt. 2 other than s. 13-18: 21 Apr 2012 (see s. 2(b) and Gazette 20 Apr 2012 p. 1695); s. 13: 1 Jul 2012 (see s. 2(b) and Gazette 20 Apr 2012 p. 1695); s. 14‑18: 1 Jul 2013 (see s. 2(b) and Gazette 8 Feb 2013 p. 863)
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 29
8 of 2012
21 May 2012
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371)
Reprint 6: The Local Government Act 1995 as at 3 Aug 2012 (includes amendments listed above except those in the Co‑operatives Act 2009 s. 516, Local Government Amendment Act 2012 s. 14‑18 (correction: Gazette 7 Sep 2012 p. 4329 and 28 Mar 2013 p. 1317) and the Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 29)
Commercial Arbitration Act 2012 s. 45 it. 12
23 of 2012
29 Aug 2012
7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677)
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 35
35 of 2014
9 Dec 2014
1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235)
Associations Incorporation Act 2015 s. 223
30 of 2015
2 Nov 2015
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2)
City of Perth Act 2016 Pt. 4 Div. 4
2 of 2016
3 Mar 2016
4 Mar 2016 (see s. 2(b))
Reprint 7: The Local Government Act 1995 as at 13 May 2016 (includes amendments listed above except those in the Associations Incorporation Act 2015)
Graffiti Vandalism Act 2016 Pt. 6 Div. 2
16 of 2016
11 Jul 2016
12 Oct 2016 (see s. 2(b) and Gazette 11 Oct 2016 p. 4531)
Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 18
19 of 2016
25 Jul 2016
24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)
Local Government Legislation Amendment Act 2016 Pt. 2
26 of 2016
21 Sep 2016
Pt. 2 (other than s. 4, 6-9, 11 and 17): 12 Nov 2016 (see s. 2(b) and Gazette 11 Nov 2016 p. 5035); s. 4, 6-9, 11 and 17: 21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648)
Local Government Amendment (Auditing) Act 2017 28
5 of 2017 (as amended by 2023/011 s. 103)
1 Sep 2017
s. 1 and 2: 1 Sep 2017 (see s. 2(1)(a)); Act other than s. 1, 2, 4(2) and 7(2): 28 Oct 2017 (see s. 2(1)(b) and Gazette 27 Oct 2017 p. 5413); s. 4(2) and 7(2): 1 Jan 2026 (see s. 2(1)(c) and SL 2025/210 cl. 2)
Strata Titles Amendment Act 2018 Pt. 3 Div. 12
30 of 2018
19 Nov 2018
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2)
Local Government Amendment (Suspension and Dismissal) Act 2018
31 of 2018
19 Nov 2018
s. 1 and 2: 19 Nov 2018 (see s. 2(b)); Act other than s. 1 and 2: 20 Nov 2018 (see s. 2(b))
Local Government Legislation Amendment Act 2019 Pt. 2 29
16 of 2019 (as amended by No. 47 of 2024 s. 174)
5 Jul 2019
s. 3‑4, 6‑12, 18, 19, 21, 23, 45‑47, 52‑56, 58‑60, 62, 63, 69‑73: 6 Jul 2019 (see s. 2(c)); s. 15: 10 Aug 2019 (see s. 2(b) and Gazette 9 Aug 2019 p. 3019); s. 61: 16 Sep 2019 (see s. 2(b) and Gazette 9 Aug 2019 p. 3019); s. 26 to 38, 39(1), 40 to 44, 67 and 74(3): 19 Oct 2019 (see s. 2(b) and Gazette 18 Oct 2019 p. 3673); s. 5, 13, 14, 16, 17, 20, 24, 57, 64‑66, 68 and 74(1) and (2): 7 Nov 2020 (see s. 2(b) and SL 2020/212 cl. 2); s. 22, 25 and 48‑51: 3 Feb 2021 (see s. 2(b) and SL 2021/13 cl. 2)
Local Government Amendment (COVID‑19 Response) Act 2020
17 of 2020
20 Apr 2020
s. 1 and 2: 20 Apr 2020 (see s. 2(a)); Act other than s. 1, 2 and 5: 21 Apr 2020 (see s. 2(c)); s. 5: 3 Nov 2024 (see s. 2(b) and SL 2024/222 cl. 2)
Work Health and Safety Act 2020 Pt. 15 Div. 4 Subdiv. 6
36 of 2020
10 Nov 2020
31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2)
Swan Valley Planning Act 2020 Pt. 10 Div. 7
45 of 2020
9 Dec 2020
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2)
Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 s. 95
Local Government Amendment Act 2023 Pt. 2 (other than s. 22, 55, 59, 61-65, 67-69, 72‑75, 76(1), 77(1) and (2), 78, 81 and 83‑85) 30
11 of 2023
18 May 2023
s. 3, 60, 86, 87 and 99: 19 May 2023 (see s. 2(1)(b)); s. 5(2) and (4), 7‑11, 13‑16, 19(1)‑(3), 24 and 89: 21 Jun 2023 (see s. 2(1)(d) and SL 2023/77 cl. 2); s. 4, 5(1) and (3), 6, 12, 18, 19(4), 20, 21, 25 to 28, 31(2) and (3), 33 to 39, 40(1) and (2), 42 to 54, 56, 57, 71, 76(2), 77(3), 88 and 90 to 98: 1 Jul 2023 (see s. 2(1)(d) and SL 2023/92 cl. 2(a)); s. 58, 66, 70, 79(1) and 82: 19 Oct 2023 (see s. 2(1)(d) and SL 2023/157 cl. 2(a)); s. 17, 29, 30, 31(1), 32, 40(3), 41, 79(2) and 80: 1 Jan 2024 (see s. 2(1)(d), SL 2023/92 cl. 2(b) and SL 2023/157 cl. 2(b)); s. 23: 1 Jul 2024 (see s. 2(1)(d) and SL 2023/92 cl. 2(c))
Workers Compensation and Injury Management Act 2023 Pt. 15 Div. 3 Subdiv. 10
21 of 2023
24 Oct 2023
Electoral Amendment (Finance and Other Matters) Act 2023 Pt. 4
30 of 2023
11 Dec 2023
Local Government Amendment Act 2024 Pt. 2 (other than s. 27, 46‑49, 51, 52(2), 53, 60, 65, 73, 76‑83, 85, 88 and 137) 31
47 of 2024
6 Dec 2024
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.
Short title
Number and year
Assent
Commencement
Local Government Amendment Act 2023 s. 22, 55, 59, 61‑65, 67-69, 72‑75, 76(1), 77(1) and (2), 78, 81 and 83‑85
11 of 2023 (as amended by No. 47 of 2024 s. 172)
18 May 2023
To be proclaimed (see s. 2(1)(d), (2) and (3))
Petroleum Legislation Amendment Act 2024 s. 433(2)
17 of 2024
14 May 2024
To be proclaimed (see s. 2(b))
Local Government Amendment Act 2024 s. 27, 46‑49, 51, 52(2), 53, 60, 65, 73, 76‑83, 85, 137 and Pt. 3 Div. 4
47 of 2024
6 Dec 2024
To be proclaimed (see s. 2(1)(c), (d), (h) and (i))
Evidence Act 2025 s. 492(1)
15 of 2025
25 Sep 2025
To be proclaimed (see s. 2(e))
Other notes
1M Under the Local Government Act 1995 s. 10.3, modifications to s. 5.27, 5.28, 5.94, 6.2, 6.13, 6.33, 6.34, 6.35, 6.36, 6.45, 6.51 and 9.51 are prescribed in the Local Government (COVID‑19 Response) Order 2020 (see SL 2020/57 published in Gazette 8 May 2020).