Western Australian Current Acts Western Australian Current Acts[Section 2.2(3)]
[Heading amended: No. 64 of 1998 s. 53.]
In this Schedule,
unless the contrary intention appears —
affected electors , in relation to a submission,
means electors whose eligibility as electors comes from residence, or
ownership or occupation of property, in the area directly affected by the
submission;
review means a review required by clause 4(4) or 6
or authorised by clause 5(a);
submission means a submission under clause 3 that
an order be made to do any or all of the things referred to in section 2.2(1),
2.3(3) or 2.18(3).
2 . Advisory Board to make recommendations
relating to new district
(1) When a local
government is newly established, the Advisory Board —
(a) at
the direction of the Minister; or
(b)
after receiving a report made by a commissioner appointed under section 2.6(4)
after carrying out a review,
is, in a written
report to the Minister, to recommend the making of an order to do all or any
of the things referred to in section 2.2(1)(a), 2.3(2) or 2.18(1).
(2) In making its
recommendations under subclause (1) the Advisory Board is to take into account
the matters referred to in clause 8(c) to (g) so far as they are applicable.
3 . Who may make submissions about ward changes
etc.
(1) A submission may
be made to a local government by affected electors who —
(a) are
at least 250 in number; or
(b) are
at least 10% of the total number of affected electors.
(2) A submission is to
comply with any regulations about the making of submissions.
(3) A submission that
an order be made to do any or all of the things referred to in section 2.2(1)
cannot be made to a local government if the district is a district which,
under regulations made for the purposes of section 2.2A(1)(a), cannot be
divided into wards.
[Clause 3 amended: No. 11 of 2023 s. 89.]
(1) The local
government is to consider any submission made under clause 3.
(2) If, in the
council’s opinion, a submission is —
(a) one
of a minor nature; and
(b) not
one about which public submissions need be invited,
the local government
may either propose* to the Advisory Board that the submission be rejected or
deal with it under clause 5(b).
* Absolute majority required.
(3) If, in the
council’s opinion —
(a) a
submission is substantially similar in effect to a submission about which the
local government has made a decision (whether an approval or otherwise) within
the period of 2 years immediately before the submission is made; or
(b) the
majority of effected electors who made the submission no longer support the
submission,
the local government
may reject the submission.
(4) Unless, under
subclause (2) or (3), the local government rejects, or proposes to reject, the
submission or decides to deal with it under clause 5(b), the local government
is to carry out a review of whether or not the order sought should, in the
council’s opinion, be made.
[Clause 4 amended: No. 49 of 2004 s. 68(2)-(4).]
5 . Local government may propose ward changes or
make minor proposals
A local government
may, whether or not it has received a submission —
(a)
carry out a review of whether or not an order under section 2.2, 2.3(3) or
2.18 should, in the council’s opinion, be made; or
(b)
propose* to the Advisory Board the making of an order under section 2.2(1),
2.3(3) or 2.18(3) if, in the opinion of the council, the proposal is —
(i)
one of a minor nature; and
(ii)
not one about which public submissions need be invited;
or
(c)
propose* to the Minister the making of an order changing the name of the
district or a ward.
* Absolute majority required.
6 . Local government with wards to review
periodically
(1) A local government
the district of which is divided into wards is to carry out reviews of —
(a) its
ward boundaries; and
(b) the
number of offices of councillor for each ward,
from time to time so
that not more than 10 years elapse between successive reviews.
(1A) If an order under
section 2.2(1) establishes a ward system for a district, the local government
must carry out its first review of the ward system as described in subclause
(1) within 10 years after the establishment of the ward system.
[(2) deleted]
(3) A local government
is to carry out a review described in subclause (1) at any time if the
Advisory Board requires the local government in writing to do so.
[Clause 6 amended: No. 49 of 2004 s. 68(5) and
(6); No. 11 of 2023 s. 90.]
(1) Before carrying
out a review a local government has to give local public notice advising
—
(a) that
the review is to be carried out; and
(b) that
submissions may be made to the local government before a day fixed by the
notice, being a day that is not less than 6 weeks after the notice is first
given.
(2) In carrying out
the review the local government is to consider submissions made to it before
the day fixed by the notice.
8 . Matters to be considered in respect of wards
Before a local
government proposes that an order be made —
(a) to
do any of the matters in section 2.2(1), other than discontinuing a ward
system; or
(b) to
specify or change the number of offices of councillor for a ward,
or proposes under
clause 4(2) that a submission be rejected, its council is to have regard,
where applicable, to —
(c)
community of interests; and
(d)
physical and topographic features; and
(e)
demographic trends; and
(f)
economic factors; and
(g) the
ratio of councillors to electors in the various wards.
[Clause 8 amended: No. 49 of 2004 s. 68(7).]
9 . Proposal by local government
On completing a
review, the local government is to make a report in writing to the Advisory
Board and may propose* to the Board the making of any order under
section 2.2(1), 2.3(3) or 2.18(3) it thinks fit.
* Absolute majority required.
10 . Recommendation by Advisory Board
(1) Where under clause
5(b) a local government proposes to the Advisory Board the making of an order
under section 2.2(1), 2.3(3) or 2.18(3), and the Board is of the opinion that
the proposal is —
(a) one
of a minor nature; and
(b) not
one about which public submissions need be invited,
the Board, in a
written report to the Minister, is to recommend the making of the order but
otherwise is to inform the local government accordingly and the local
government is to carry out a review.
(2) Where under clause
9 a local government proposes to the Advisory Board the making of an order of
a kind referred to in clause 8 that, in the Board’s opinion, correctly
takes into account the matters referred to in clause 8(c) to (g), the Board,
in a written report to the Minister, is to recommend the making of the order.
(3) Where a local
government proposes to the Advisory Board the making of an order of a kind
referred to in clause 8, or that a submission under clause 4(2) be rejected,
that, in the Board’s opinion, does not correctly take into account the
matters referred to in that clause —
(a) the
Board may inform the local government accordingly and notify the local
government that a proposal that does correctly take those matters into account
is to be made within such time as is set out in the notice; and
(b) if
the local government does not make a proposal as required by a notice under
paragraph (a), the Board may, in a written report to the Minister, recommend*
the making of any order under section 2.2(1), 2.3(3) or 2.18(3) it thinks fit
that would correctly take into account those matters.
* Absolute majority required.
(4) Where a local
government fails to carry out a review as required by clause 6, the Advisory
Board, in a written report to the Minister, may recommend* the making of any
order under section 2.2(1), 2.3(3) or 2.18(3) it thinks fit that would
correctly take into account the matters referred to in clause 8.
* Absolute majority required.
[Clause 10 amended: No. 49 of 2004 s. 68(8).]
11 . Inquiry by Advisory Board
(1) For the purposes
of deciding on the recommendation, if any, it is to make under clause 10(3)(b)
or (4), the Advisory Board may carry out any inquiry it thinks necessary.
(2) The Advisory Board
may recover the amount of the costs connected with an inquiry under subclause
(1) from the local government concerned as if it were for a debt due.
12 . Minister may accept or reject recommendation
(1) The Minister may
accept or reject a recommendation of the Advisory Board made under clause 10.
(2) If the
recommendation is accepted the Minister can make a recommendation to the
Governor for the making of the appropriate order.