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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Government Amendment (No
Forced Amalgamations) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
Schedule 1 Amendments 3
b03-409-11.p01
New South Wales
ocal Government Amendment (No
Forced Amalgamations) Bill 2003
No , 2003
A Bill for
An Act to amend the Local Government Act 1993 to ensure that the attitude of
residents and ratepayers of a local government area to any proposal to make a
substantial alteration to the boundary of the area, or to amalgamate the area with
any other area, is ascertained before any recommendation to proceed with the
proposal is made; and for related purposes.
Clause 1 Local Government Amendment (No Forced Amalgamations) Bill 2003
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Local Government Amendment (No Forced
4
Amalgamations) Act 2003.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Amendment of Local Government Act 1993 No 30
8
The Local Government Act 1993 is amended as set out in
9
Schedule 1.
Page 2
Local Government Amendment (No Forced Amalgamations) Bill 2003
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3)
3
[1] Section 218F Referral of proposal for examination and report
4
Insert after section 218F (1):
5
(1A) However, the Minister must refer the proposal to the
6
Boundaries Commission if the proposal:
7
(a) is for the amalgamation of two or more areas, or
8
(b) involves a substantial alteration to a boundary.
9
[2] Section 218F (3)-(5)
10
Omit the subsections.
11
[3] Section 218F (6)
12
Omit ", or that is an amalgamation proposal (as defined in section 218G),".
13
[4] Section 263 Functions of Boundaries Commission
14
Omit section 263 (1). Insert instead:
15
(1) The Boundaries Commission is required:
16
(a) to examine and report on any matter with respect to the
17
boundaries of areas and the areas of operation of county
18
councils that is referred to it by the Minister under
19
section 218F (1), and
20
(b) to review and comment on any report furnished to it by
21
the Director-General under section 218F (6).
22
[5] Section 263 (2A)
23
Omit the subsection. Insert instead:
24
(2A) Despite subsection (2), the Boundaries Commission:
25
(a) must conduct a public hearing when required to do so
26
under section 265A, and
27
(b) must conduct a postal ballot, or cause a postal ballot to
28
be conducted, when required to do so under section
29
265B.
Page 3
Local Government Amendment (No Forced Amalgamations) Bill 2003
Schedule 1 Amendments
[6] Section 265 Boundaries Commission may conduct survey or poll 1
2
Insert after section 265 (3):
3
(4) This section is subject to section 265B.
4
[7] Sections 265A-265D
5
Insert after section 265:
6
265A Public hearing required in relation to proposed amalgamation
7
or substantial boundary alteration
8
(1) The Boundaries Commission must ascertain by means of a
9
public hearing the attitude of the residents and ratepayers of
10
the area or areas concerned in relation to the following:
11
(a) a proposal for a substantial alteration of any one or
12
more boundaries of any area,
13
(b) a proposal to amalgamate two or more areas.
14
(2) The public hearing is to be advertised and conducted in such
15
manner as is determined by the Boundaries Commission,
16
subject to this Act and the regulations.
17
(3) The Boundaries Commission must consider the matters raised
18
at the public hearing before making any decision with respect
19
to the matter to which it relates.
20
(4) The report of the Boundaries Commission under section
21
263 (1) must contain an analysis of the public hearing
22
(specifying any general consensus reached at the public
23
hearing and the main arguments put at the public hearing)
24
and, if the recommendation of the report is contrary to any
25
general consensus reached at the public hearing, must contain
26
a detailed explanation as to why the Boundaries Commission
27
does not endorse that general consensus.
28
265B Postal ballot required in relation to proposed amalgamation or
29
substantial boundary alteration
30
(1) The Boundaries Commission must ascertain by means of a
31
postal ballot the attitude of the residents and ratepayers of the
32
area or areas concerned in relation to the following:
33
(a) a proposal for a substantial alteration of any one or
34
more boundaries of any area,
35
(b) a proposal to amalgamate two or more areas.
Page 4
Local Government Amendment (No Forced Amalgamations) Bill 2003
Amendments Schedule 1
1
(2) The postal ballot is to be completed within 3 months after the
2
date on which the relevant proposal is referred to the
3
Boundaries Commission under section 218F.
4
(3) The postal ballot is to be conducted in accordance with the
5
regulations.
6
(4) The Electoral Commissioner is to conduct the postal ballot
7
required by this section if the Boundaries Commission
8
requests the Electoral Commissioner to do so.
9
(5) Expenses incurred by the Electoral Commissioner in
10
connection with the postal ballot are to be met by the
11
Boundaries Commission and are recoverable from the
12
Boundaries Commission as a debt owed to the Electoral
13
Commissioner as the holder of that office.
14
265C Roll of residents and ratepayers for purposes of postal ballot
15
(1) Part 1 (Who may vote?) of Chapter 10 applies in respect of a
16
postal ballot required by section 265B in the same way as it
17
applies in respect of an election of councillors for a ward.
18
(2) For that purpose, references to the relevant date in sections
19
269 and 271 are taken to be references to the closing date of
20
the postal ballot.
21
265D Determination and effect of postal ballot
22
(1) The electors in a postal ballot conducted under section 265B
23
are taken to be in favour of the proposal the subject of the
24
postal ballot if a majority of the formal votes cast in each area
25
to which the proposal relates is in favour of the proposal. In
26
any other case, the electors are taken to have rejected the
27
proposal.
28
(2) The Boundaries Commission must, as soon as practicable
29
after the postal ballot is determined, cause notice of the result
30
of the postal ballot to be published in a newspaper circulating
31
in the area to which the proposal the subject of the postal
32
ballot relates.
Page 5
Local Government Amendment (No Forced Amalgamations) Bill 2003
Schedule 1 Amendments
1
(3) The report of the Boundaries Commission under section
2
263 (1) must contain an analysis of the postal ballot
3
(specifying the result of the postal ballot) and, if the
4
recommendation of the report is contrary to the result of the
5
postal ballot, must contain a detailed explanation as to why
6
the Boundaries Commission does not endorse that result.
7
[8] Schedule 8 Savings, transitional and other provisions consequent
8
on the enactment of other Acts
9
Insert at the end of clause 1 (1):
10
Local Government Amendment (No Forced Amalgamations)
11
Act 2003
12
[9] Schedule 8
13
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of 14
Local Government Amendment (No 15
Forced Amalgamations) Act 2003 16
17
Amending Act not to apply in respect of existing proposals for
18
boundary change or amalgamation
19
A proposal:
20
(a) that was made under section 218E before the date of
21
assent to the Local Government Amendment (No
22
Forced Amalgamations) Act 2003 (the amending Act),
23
and
24
(b) in respect of which, as at that date, the Minister has
25
neither made a recommendation to the Governor nor
26
declined to make a recommendation to the Governor,
27
is to be dealt with under this Act as in force immediately
28
before the date of assent to the amending Act.
Page 6
Local Government Amendment (No Forced Amalgamations) Bill 2003
Amendments Schedule 1
[10] Dictionary 1
2
Insert in alphabetical order:
3
substantial alteration to a boundary of an area means an
4
alteration:
5
(a) the net effect of which is to increase or reduce the
6
physical size of the area concerned by 10% or more, or
7
(b) that is part of a redistribution of boundaries throughout
8
the State.
Page 7
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