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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 69
As laid on the table and read a first time, 8 December 2004
South Australia
Local
Government (Reconstitution of Local Government Areas) Amendment Bill 2004
A Bill For
An Act to amend the Local Government Act 1999.
Contents
Part 1—Preliminary
1 Short title
2 Amendment provisions
Part 2—Amendment of Local
Government Act 1999
3 Amendment of section 4—Interpretation
4 Amendment of section 9—Governor may
act by proclamation
5 Amendment of section 10—Matters that
may be included in a proclamation
6 Amendment of section 28—Public
initiated submissions
7 Amendment of
section 29—Reference of proposals to Minister and Governor
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Local Government (Reconstitution
of Local Government Areas) Amendment Act 2004.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Local Government Act 1999
3—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of senior
executive officer insert:
severance proposal means a proposal to sever any portion of
an area of a council from that area and to constitute a new council in relation
to that severed area;
(2) Section 4(1), definition of structural
reform proposal—after paragraph (d) insert:
, but does not include a severance proposal
4—Amendment of section 9—Governor may act by proclamation
Section 9—after paragraph (d) insert:
(da) sever any portion of an area of a council
from that area and constitute a new council in relation to that severed area;
5—Amendment of section 10—Matters that may be included in a proclamation
(1) Section 10(1)—after "constitutes a new
council" insert:
(including in relation to an area that
has been severed from the area of an existing council)
(2) Section 10—after subsection (2) insert:
(2a) If a portion of an
area of a council has been severed from that area and a new council constituted
in relation to that severed area, the Governor may also, by proclamation—
(a) provide for an alteration to the composition of the council
whose area is being reduced from a date specified in the proclamation;
(b) make any special provision that may be necessary or
desirable about the by-laws that apply in that part of the area that is
remaining after the severance;
(c) make provision for the transfer, apportionment, settlement
or adjustment of property, assets, income, rights, liabilities or expenses as
between the relevant councils.
6—Amendment of section 28—Public initiated submissions
(1) Section 28(1), definition of eligible
elector—after paragraph (c) insert:
(d) in the case of a severance proposal—an elector in respect of
a place of residence or rateable property within the area that would be severed
under the terms of the proposal.
(2) Section 28(2)—after "a proposal"
insert:
(other than a severance proposal)
(3) Section 28—after subsection (3) insert:
(3a) A group of at least 200 eligible electors may submit to a
council a submission that the council consider a severance proposal.
(3b) However,
a submission cannot be made under subsection (3a) if the council has, within
the period of 2 years immediately preceding the making of the submission, been
newly constituted (including through an amalgamation).
(4) Section 28(4)—after "subsection
(2)" insert:
or (3a)
(5) Section 28(5)—after "subsection
(2)" insert:
or (3a)
(6) Section 28(6)—after "subsection
(2)" insert:
or (3a)
(7) Section 28(10)—delete "a submission
under subsection (2)" and substitute:
the relevant submission under subsection (2) or (3a)
(8) Section 28—after subsection (22) insert:
(22a) In
addition, a severance proposal under subsection (21) cannot proceed unless or
until a poll has been conducted on the matter.
(9) Section 28(23)(b)—after
subparagraph (i) insert:
(ia) in the case of a severance proposal—an
elector (or, in the case of a body corporate or a group of persons, a nominee
of an elector) for the area of the council affected by the proposal;
7—Amendment of section 29—Reference of proposals to Minister and Governor
(1) Section 29(1)—after paragraph (c) insert:
(d) if
the report relates to a severance proposal, section 28(23)(i)(ii)
does not apply, and the Panel has not recommended that the proposal proceed—at
the request of at least 100 persons who submitted the original proposal under
section 28(3a)—consult with a group of 5 persons nominated by them about the
matter.
(2) Section 29(3)—delete "consults with
councils under subsection (1)(c)" and substitute:
must consult under subsection (1)(c) or (d)
(3) Section 29(4)—after paragraph (b) insert:
(ba) if—
(i) the Minister has
undertaken consultation under subsection (1)(d); and
(ii) on
the bases of that consultation, and after taking into account any report or
comments prepared or provided by the Panel in relation to the matter, and any
other matter that the Minister thinks fit, the Minister decides that it is
appropriate to make a recommendation to the Governor in the circumstances of
the particular case,
forward to the Governor a proposal recommended by
the Minister for the making of a proclamation under this Chapter; or
(4) Section 29—after subsection (5) insert:
(5a) If
a proclamation providing for the severance of a portion of an area of a council
from that council and the constitution of a new council in relation to that
severed area is made under subsection (4)(ba), the Governor may, by subsequent proclamation made on
the recommendation of the Minister, make provision for any related matter that
may be the subject of a separate proclamation under this Chapter.
(5) Section 29(6)—delete "or (5)" and
substitute:
, (5) or (5a)