South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 123

123—Annual business plans and budgets

        (1)         A council must have, for each financial year—

            (a)         an annual business plan; and

            (b)         a budget.

        (2)         Each annual business plan of a council must—

            (a)         include a summary of the council's long-term objectives (as set out in its strategic management plans); and

            (b)         include an outline of—

                  (i)         the council's objectives for the financial year; and

                  (ii)         the activities that the council intends to undertake to achieve those objectives; and

                  (iii)         the measures (financial and non-financial) that the council intends to use to assess the performance of the council against its objectives over the financial year; and

            (c)         assess the financial requirements of the council for the financial year and, taking those requirements into account, set out a summary of its proposed operating expenditure, capital expenditure and sources of revenue; and

            (d)         set out the rates structure and policies for the financial year; and

            (e)         assess the impact of the rates structure and policies on the community based on modelling that has been undertaken or obtained by the council; and

            (f)         take into account the council's long-term financial plan and relevant issues relating to the management and development of infrastructure and major assets by the council; and

            (g)         address or include any other matter prescribed by the regulations.

        (3)         Before a council adopts an annual business plan, the council must—

            (a)         prepare a draft annual business plan; and

            (b)         follow the relevant steps set out in its public consultation policy, taking into account the requirements of subsection (4).

        (4)         For the purposes of subsection (3)(b), a public consultation policy must at least provide for the following:

            (a)         the publication in a newspaper circulating within the area of the council and on a website determined by the chief executive officer of a notice informing the public of the preparation of the draft annual business plan and inviting interested persons—

                  (i)         to attend—

                        (A)         a public meeting in relation to the matter to be held on a date (which must be at least 21 days after the publication of the notice) stated in the notice; or

                        (B)         a meeting of the council to be held on a date stated in the notice at which members of the public may ask questions, and make submissions, in relation to the matter for a period of at least 1 hour,

(on the basis that the council determines which kind of meeting is to be held under this subparagraph); or

                  (ii)         to make written submissions in relation to the matter within a period (which must be at least 21 days) stated in the notice; and

            (b)         the council to make arrangements for a meeting contemplated by paragraph (a)(i) and the consideration by the council of any submissions made at that meeting or in response to the invitation under paragraph (a)(ii).

        (5)         The council must ensure that copies of the draft annual business plan are available at the meeting under subsection (4)(a)(i), and for inspection (without charge) and purchase (on payment of a fee fixed by the council) at the principal office of the council and on the website at least 21 days before the date of that meeting.

        (5a)         The council must ensure that provision is made for—

            (a)         a facility for asking and answering questions; and

            (b)         the receipt of submissions,

on its website during the public consultation period.

        (6)         A council may then, after considering—

            (a)         any submission made to the council during the public consultation period; and

            (b)         any new or revised information in the possession of the council that is relevant to the material contained in the draft annual business plan; and

            (c)         such other materials or information as the council thinks fit,

adopt its annual business plan (with or without amendment).

        (6a)         However, if a council proposes to adopt an annual business plan with amendments, the council must include in the adopted business plan a statement—

            (a)         setting out any significant amendments from the draft annual business plan; and

            (b)         providing reasons for those amendments.

        (7)         Each budget of a council must—

            (a)         be considered in conjunction with the council's annual business plan (and must be consistent with that plan, as adopted); and

            (b)         be adopted by the council after the council has adopted its annual business plan.

        (7a)         A budget of a council may authorise the entry into borrowings and other forms of financial accommodation for a financial year of up to an amount specified in the budget.

        (8)         An annual business plan and a budget must be adopted by a council after 31 May for the ensuing financial year and, except in a case involving extraordinary administrative difficulty, before 15 August for the financial year.

        (9)         A council must, after adopting an annual business plan and a budget—

            (a)         ensure—

                  (i)         that a summary of the annual business plan is prepared so as to assist in promoting public awareness of the nature of its services and its rating and financial management policies, taking into account its objectives and activities for the ensuing financial year; and

                  (ii)         that a copy of the summary of the annual business plan accompanies the first rates notice sent to ratepayers after the declaration of its rates for the financial year.

        (10)         The regulations may prescribe requirements with respect to the preparation, form and contents of—

            (a)         an annual business plan (including a draft for the purposes of public consultation), and the summary required under subsection (9); and

            (b)         a budget.

        (10a)         Without limiting subsection (10), regulations under that subsection relating to an annual business plan may—

            (a)         relate to the manner in which matters included in the plan are to be presented (such as, for example, by prescribing the location, style and level of emphasis that must be given to specified matters); and

            (b)         prescribe requirements relating to the description or explanation of matters included in the plan.

        (11)         However, in any event, the summary of the annual business plan must include an assessment of the extent to which the council's objectives for the previous financial year have been attained (taking into account the provisions of the annual business plan for that financial year).

        (12)         Subject to complying with a preceding subsection, any relevant document under this section will be in a form determined by the council.

        (13)         A council must, as required by the regulations, and may at any time, reconsider its annual business plan or its budget during the course of a financial year and, if necessary or appropriate, make any revisions.

        (14)         A rate cannot be challenged on a ground based on non-compliance with this section, or on a ground based on the contents of a document prepared or adopted by a council for the purposes of this section.