Local Government Property Local Law 2017
2146GOVERNMENT GAZETTE, WA 12 April 2017
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2146 GOVERNMENT GAZETTE, WA 12 April 2017 (2) Unless otherwise decided by the Council, the order of business at any special meeting of the Council is to be the order in which that business stands in the agenda of the meeting. (3) In determining the order of business for any meeting of the Council, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed. 5.3 Motions of which previous notice has been given (1) Unless the Act, Regulations or this local law otherwise provide, a Member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO and which has been included on the agenda. (2) A notice of motion under subclause (1) is to be given at least 7 clear working days before the meeting at which the motion is moved. (3) A notice of motion is to relate to the good governance of the district. (4) The CEO— (a) may, with the concurrence of the President, exclude from the notice paper any notice of motion deemed to be, or likely to involve, a breach of any of this local law or any other written law; (b) will inform Members on each occasion that a notice has been excluded and the reasons for that exclusion; (c) may, after consultation with the Member where this is practicable, make such amendments to the form but not the substance as will bring the notice of motion into due form; and (d) may provide to the Council relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law. (5) A motion of which notice has been given is to lapse unless— (a) the Member who gave notice of it, or some other Member authorised by the originating Member in writing, moves the motion when called on; or (b) the Council on a motion agrees to defer consideration of the motion to a later stage or date. (6) If a notice of motion is given and lapses under subclause (5), notice of a motion in the same terms or to the same effect is not to be given again for at least 3 months from the date of such lapse. 5.4 New business of an urgent nature (1) In cases of extreme urgency or other special circumstances, matters may, on a motion by the Presiding Member that is carried by the meeting, be raised without notice and decided by the meeting. (2) In subclause (1), cases of extreme urgency or other special circumstances means matters that have arisen after the preparation of the agenda that are considered by the Presiding Member to be of such importance and urgency that they are unable to be dealt with administratively by the local government and must be considered and dealt with by the Council before the next meeting. 5.5 Adoption by exception resolution (1) In this clause adoption by exception resolution means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the Officer recommendation as the Council resolution. (2) Subject to subclause (3), the local government may pass an adoption by exception resolution. (3) An adoption by exception resolution may not be used for a matter— (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is different to the recommendation. PART 6—PUBLIC PARTICIPATION 6.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. 6.2 Meetings not open to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be closed to members of the public. (2) The Council or a committee, in one or more of the circumstances dealt with in the Act, may at any time, by resolution, decide to close a meeting or part of a meeting. (3) If a resolution under subclause (2) is carried— (a) the Presiding Member is to direct everyone to leave the meeting except— (i) the Members; (ii) the CEO; and (iii) any Officer specified by the Presiding Member; and