South Australian Numbered Acts South Australian Numbered Acts7—Substitution of Chapter 8 Part 2
Chapter 8 Part 2—delete Part 2 and substitute:
Part 2—Annual business plans and budgets
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 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 at least 7 days before the date of that meeting.
(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).
(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.
(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 31 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; and
(b)
ensure—
(i)
that copies of the annual business plan and the budget
(as adopted) are available for inspection (without charge) or purchase (on
payment of a fee fixed by the council); and
(ii)
that copies of the summary of the annual business plan
are available for inspection and to take (without charge),
at the principal office of the council.
(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.
(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.