[Section 2.1(2)]
In this Schedule,
unless the contrary intention appears —
affected electors , in relation to a proposal,
means —
(a)
electors whose eligibility as electors comes from residence, or ownership or
occupation of property, in the area directly affected by the proposal; or
(b)
where an area of the State is not within or is not declared to be a district,
people who could be electors if it were because of residence, or ownership or
occupation of property, in the area directly affected by the proposal;
affected local government means a local government
directly affected by a proposal;
notice means notice given or published in such
manner as the Advisory Board considers appropriate in the circumstances;
proposal means a proposal made under clause 2 that
an order be made as to any or all of the matters referred to in section 2.1.
(1) A proposal may be
made to the Advisory Board by —
(a) the
Minister; or
(b) an
affected local government; or
(c) 2 or
more affected local governments, jointly; or
(d)
affected electors who —
(i)
are at least 250 in number; or
(ii)
are at least 10% of the total number of affected
electors.
(2) A proposal is to
—
(a) set
out clearly the nature of the proposal, the reasons for making the proposal
and the effects of the proposal on local governments; and
(b) be
accompanied by a plan illustrating any proposed changes to the boundaries of a
district; and
(c)
comply with any regulations about proposals.
[Clause 2 amended: No. 49 of 2004 s. 67(2).]
(1) The Advisory Board
is to consider any proposal.
(2) The Advisory Board
may, in a written report to the Minister, recommend* that the Minister reject
a proposal if, in the Board’s opinion —
(a) the
proposal is substantially similar in effect to a proposal on which the Board
has made a recommendation to the Minister within the period of 2 years
immediately before the proposal is made; or
(aa)
where the proposal was made by affected electors under clause 2(1)(d), that
the majority of those electors no longer support the proposal; or
(b) the
proposal is frivolous or otherwise not in the interests of good government.
* Absolute majority required.
(3) If, in the
Advisory Board’s opinion, the proposal is —
(a) one
of a minor nature; and
(b) not
one about which public submissions need be invited,
the Board may, in a
written report to the Minister, recommend* that the Minister reject the
proposal or that an order be made in accordance with the proposal.
* Absolute majority required.
(4) Unless it makes a
recommendation under subclause (2) or (3), the Advisory Board is to formally
inquire into the proposal.
[Clause 3 amended: No. 64 of 1998 s. 52(2); No. 49
of 2004 s. 67(3).]
(1) Where a formal
inquiry is required the Advisory Board is to give —
(a)
notice to affected local governments, affected electors and the other electors
of districts directly affected by the proposal; and
(b) a
report to the Minister.
(2) The notice and
report under subclause (1) are to —
(a)
advise that there will be a formal inquiry into the proposal; and
(b) set
out details of the inquiry and its proposed scope; and
(c)
advise that submissions may be made to the Board not later than 6 weeks after
the date the notice is first given about —
(i)
the proposal; or
(ii)
the scope of the inquiry.
(3) If, after
considering submissions made under subclause (2)(c), the Advisory Board
decides* that the scope of the formal inquiry is to be significantly different
from that set out in the notice and report under subclause (1), it is to give
—
(a)
another notice to affected local governments, affected electors and the other
electors of districts directly affected by the proposal; and
(b)
another report to the Minister.
(4) The notice and
report under subclause (3) are to —
(a) set
out the revised scope of the inquiry; and
(b)
advise that further submissions about the proposal, or submissions about
matters relevant to the revised scope of the inquiry, may be made to the Board
within the time set out in the notice.
* Absolute majority required.
(1) A formal inquiry
is to be carried out, and any hearing for the purposes of the inquiry is to be
conducted, in a way that makes it as easy as possible for interested parties
to participate fully.
(2) In carrying out a
formal inquiry the Advisory Board is to consider submissions made to it under
clause 4(2)(c) and (4)(b) and have regard, where applicable, to —
(a)
community of interests; and
(b)
physical and topographic features; and
(c)
demographic trends; and
(d)
economic factors; and
(e) the
history of the area; and
(f)
transport and communication; and
(g)
matters affecting the viability of local governments; and
(h) the
effective delivery of local government services,
but this does not
limit the matters that it may take into consideration.
6 . Recommendation by Advisory Board
(1) After formally
inquiring into a proposal, the Advisory Board, in a written report to the
Minister, is to recommend* —
(a) that
the Minister reject the proposal; or
(b) that
an order be made in accordance with the proposal; or
(c) if
it thinks fit after complying with subclause (2), the making of some other
order that may be made under section 2.1.
* Absolute majority required.
(2) The Advisory Board
is not to recommend to the Minister the making of an order that is
significantly different from the proposal into which it formally inquired
unless the Board has —
(a)
given* notice to affected local governments, affected electors and the other
electors of districts directly affected by the recommendation of its intention
to do so; and
(b)
afforded adequate opportunity for submissions to be made about the intended
order; and
(c)
considered any submissions made.
* Absolute majority required.
7 . Minister may require poll of electors
In order to assist in
deciding whether or not to accept a recommendation of the Advisory Board made
under clause 6, the Minister may require that the Board’s recommendation
be put to a poll of the electors of districts directly affected by the
recommendation.
8 . Electors may demand poll on recommended
amalgamation
(1) Where the Advisory
Board recommends to the Minister the making of an order to abolish 2 or more
districts (the districts ) and amalgamate them into one or more districts, the
Board is to give notice to affected local governments, affected electors and
the other electors of districts directly affected by the recommendation about
the recommendation.
(2) The notice to
affected electors has to notify them of their right to request a poll about
the recommendation under subclause (3).
(3) If, within one
month after the notice is given, the Minister receives a request made in
accordance with regulations and signed by at least 250, or at least 10%, of
the electors of one of the districts asking for the recommendation to be put
to a poll of electors of that district, the Minister is to require that the
Board’s recommendation be put to a poll accordingly.
(4) This clause does
not limit the Minister’s power under clause 7 to require a
recommendation to be put to a poll in any case.
[Clause 8 amended: No. 64 of 1998 s. 52(3).]
9 . Procedure for holding poll
(1) Where, under
clause 7 or 8, the Minister requires that a recommendation be put to a poll
—
(a) the
Advisory Board is to —
(i)
determine the question or questions to be answered by
electors; and
(ii)
prepare a summary of the case for each way of answering
the question or questions;
and
(b) any
local government directed by the Minister to do so is to —
(i)
in accordance with directions by the Minister, make the
summary available to the electors before the poll is conducted; and
(ii)
subject to subclause (2), declare* the Electoral
Commissioner, or a person approved by the Electoral Commissioner, to be
responsible for the conduct of the poll under Part 4, and return the results
to the Minister.
* Absolute majority required.
(2) Before making a
declaration under subclause (1)(b)(ii), the local government is to obtain the
written agreement of the Electoral Commissioner.
[Clause 9 amended: No. 49 of 2004 s. 67(4) and
(5).]
10 . Minister may accept or reject recommendation
(1) Subject to
subclause (2), the Minister may accept or reject a recommendation of the
Advisory Board made under clause 3 or 6.
(2) If at a poll held
as required by clause 8 —
(a) at
least 50% of the electors of one of the districts vote; and
(b) of
those electors of that district who vote, a majority vote against the
recommendation,
the Minister is to
reject the recommendation.
(3) If the
recommendation is that an order be made and it is accepted, the Minister can
make an appropriate recommendation to the Governor under section 2.1.
10A . Recommendations regarding names, wards and
representation
(1) The Advisory Board
may —
(a) when
it makes its recommendations under clause 3 or 6; or
(b)
after the Minister has accepted its recommendations under clause 10,
in a written report to
the Minister, recommend the making of an order to do any of the things
referred to in section 2.2(1), 2.3(1) or (2) or 2.18(1) or (3) that the Board
considers appropriate.
(2) In making its
recommendations under subclause (1) the Advisory Board —
(a) may
consult with the public and interested parties to such extent as it considers
appropriate; and
(b) is
to take into account the matters referred to in clause 8(c) to (g) of Schedule
2.2 so far as they are applicable.
[Clause 10A inserted: No. 64 of 1998 s. 52(4).]
11 . Transitional arrangements for orders about
districts
(1) Regulations may
provide for matters to give effect to orders made under section 2.1 including
—
(a) the
vesting, transfer, assumption or adjustment of property, rights and
liabilities of a local government;
(b) the
extinguishment of rights of a local government;
(c) the
winding up of the affairs of a local government;
(d) the
continuation of actions and other proceedings brought by or against a local
government before the taking effect of an order under section 2.1;
(e) the
bringing of actions and other proceedings that could have been brought by or
against a local government before the taking effect of an order under
section 2.1;
(f) if
the effect of an order under section 2.1 is to unite 2 or more districts, the
determination of the persons who are to be the first mayor or president, and
deputy mayor or deputy president, of the new local government;
(g) the
continuation of any act, matter or thing being done under another written law
by, or involving, a local government.
(2) Subject to
regulations referred to in subclause (1), where an order is made under
section 2.1 any local governments affected by the order (including any new
local government created as a result of the order) are to negotiate as to any
adjustment or transfer between them of property, rights and liabilities.
(3) Where an order is
made under section 2.1 the Governor may, by order under section 9.62(1), give
directions as to any of the matters set out in subclause (1) if, and to the
extent that, those matters are not resolved by regulations referred to in that
subclause or by negotiation under subclause (2).
(4) A contract of
employment that a person has with a local government is not to be terminated
or varied as a result (wholly or partly) of an order under section 2.1 so as
to make it less favourable to that person unless —
(a)
compensation acceptable to the person is made; or
(b) a
period of at least 2 years has elapsed since the order had effect.
(5A) The value of
compensation required to be made under subclause (4)(a) to a person whose
contract of employment with a local government is terminated or varied is not
to exceed in total —
(a) in
the case of a person whose contract of employment is terminated —
(i)
if the person’s employment is governed by a written
contract in accordance with section 5.39, the maximum amount of money to which
the person is entitled, under that contract, if the contract is terminated
before the expiry date; or
(ii)
in any other case, the value of the person’s final
annual remuneration, as calculated in accordance with regulations made for the
purposes of section 5.50(3);
or
(b) in
the case of a person whose contract of employment is varied, the lesser of
—
(i)
the amount that the person would have been entitled to if
the person’s contract of employment had been terminated before the
expiry date; or
(ii)
the value of the person’s annual remuneration for
the year ending on the date of the variation, calculated in accordance with
regulations made for the purposes of section 5.50(3) as if the person’s
contract of employment had terminated on that date.
(5B) For the purposes
of subclause (5A), the total value of the compensation required to be made to
a person includes all amounts to which the person is entitled under a contract
of employment or award relating to the person as an employee of the local
government.
(5) The rights and
entitlements of a person whose contract of employment is transferred from one
local government to another, whether arising under the contract or by reason
of it, are to be no less favourable to that person after the transfer than
they would have been had the person’s employment been continuous with
the first local government.
(6) If land ceases to
be in a particular district as a result of an order under section 2.1, any
written law that would have applied in respect of it if the order had not been
made continues to apply in respect of the land to the extent that its
continued application would be consistent with —
(a) any
written law made after the order was made; and
(b) any
order made by the Governor under subclause (8).
(7) Regulations may
make provision as to whether or not, or the modifications subject to which, a
written law continues to apply in respect of land under subclause (6).
(8) The Governor may,
in a particular case, by order, vary the effect of subclause (6) and
regulations made in accordance with subclause (7).
[Clause 11 amended: No. 64 of 1998 s. 52(5); No.
26 of 2016 s. 23.]
12 . Registration of documents
(1) In this clause
—
relevant official means —
(a) the
Registrar of Titles under the Transfer of Land Act 1893 ; or
(b) the
Registrar of Deeds and Transfers under the Registration of Deeds Act 1856 ;
or
(c) the
Minister administering the Land Administration Act 1997 ; or
(d) any
other person authorised by a written law to record and give effect to the
registration of documents relating to transactions affecting any estate or
interest in land or any other property.
(2) The relevant
officials are —
(a) to
take notice of an order of the kind referred to in clause 11(3) relating to
property, rights and liabilities; and
(b) to
record and register in the appropriate manner the documents necessary to show
the effect of the order as it relates to those matters.
[Clause 12 inserted: No. 26 of 2016 s. 24.]