Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
commencement means the commencement of the order
referred to in subregulation (2).
(2) This regulation
applies if an order is made under section 2.1
abolishing a district ("district A").
(3) On
commencement —
(a)
local government A is disestablished;
(b) all
offices of members of the council of local government A cease to exist.
(4) If on commencement
the whole of the area of district A is included in
the area of one other district ("district B"), whether by means of a boundary
change to an existing district or by means of a declaration of a new district,
then on commencement —
(a) the
property, rights and liabilities of local government A become those of the
local government B; and
(b) if
under section 4.32 a person has, in respect of rateable property in
district A, made an enrolment eligibility claim that has been accepted and
still has effect under section 4.33 immediately before
commencement —
(i)
the claim is to be taken to have been made and accepted
in respect of district B on the day on which it was accepted in respect of
district A; and
(ii)
for the purposes of section 4.33, any ordinary elections
of local government A held after the claim was so accepted are to be treated
as if they had been held by local government B;
and
(c) the
method of valuation of land used by local government A as a basis for a rate
in respect of land in district A immediately before commencement becomes the
method of valuation to be used by local government B in respect of that
land; and
(d) if
immediately before commencement any land in district A is subject to a local
planning scheme that is in force under the Planning and Development
Act 2005 —
(i)
the scheme has effect in respect of that area as if it
were a scheme prepared by local government B in respect of that area, approved
by the Minister under that Act, and published under that Act on commencement;
and
(ii)
in so far as the scheme applies to that area, local
government B is taken to be the responsible authority for the purposes of that
Act; and
(iii)
in so far as the scheme applies to that area, a reference
in the scheme to local government A is to be taken to be a reference to local
government B;
and
(e) if a
matter or procedure under a written law in relation to any land in district A
has not been completed before commencement, any function performed in respect
of that land under that law before commencement, whether by local government A
or another person, has effect as if it had been performed by local government
B or that other person and the matter or procedure may be completed by local
government B or that other person; and
(f) if a
matter or procedure under a written law has not been completed by local
government A before commencement, the matter or procedure may be completed by
local government B; and
(g) a
person who, immediately before commencement, has a contract of employment with
local government A, is to be taken to have an identical contract of employment
with local government B; and
(h) a
person who, immediately before commencement, holds an appointment made under a
written law by local government A for the purposes of enforcing or
administering that written law, becomes a person appointed by local government
B for those purposes; and
(i)
a reference in any instrument, contract, written law, or
proceedings made or commenced before commencement to local government A shall
be read and construed as a reference to local government B; and
(j)
actions and other proceedings commenced by or against local government A and
pending immediately before commencement may be continued by or against local
government B; and
(k)
actions and other proceedings which could have been brought by or against
local government A may be brought by or against local government B.
(5) If on
commencement, a part of the area of district A is included in
the area of another district ("district B"), whether by means of a boundary
change to an existing district or by means of a declaration of a new district,
then on commencement —
(aa) any
Crown land that is in that part of district A and that, immediately
before commencement, is under the care, control and management of local
government A becomes under the care, control and management of local
government B on the same conditions to which the care, control and
management of that Crown land by local government A were subject; and
(a) if
under section 4.32 a person has, in respect of rateable property in that part
of district A, made an enrolment eligibility claim that has been accepted and
still has effect under section 4.33 immediately before
commencement —
(i)
the claim is to be taken to have been made and accepted
in respect of district B on the day on which it was accepted in respect of
district A; and
(ii)
for the purposes of section 4.33, any ordinary elections
of local government A held after the claim was so accepted are to be treated
as if they had been held by local government B;
and
(b) the
method of valuation of land used by local government A as a basis for a rate
in respect of land in that part of district A immediately before commencement
becomes the method of valuation to be used by local government B in respect of
that land; and
(c) if
immediately before commencement that part of district A is subject to a local
planning scheme that is in force under the Planning and Development
Act 2005 —
(i)
the scheme has effect in respect of that part as if it
were a scheme prepared by local government B in respect of that part, approved
by the Minister under that Act, and published under that Act on commencement;
and
(ii)
in so far as the scheme applies to that part, local
government B is taken to be the responsible authority for the purposes of that
Act; and
(iii)
in so far as the scheme applies to that part, a reference
in the scheme to local government A is to be taken to be a reference to local
government B;
and
(d) if a
matter or procedure under a written law in relation to any land in that part
of district A has not been completed before commencement, any function
performed in respect of that land under that law before commencement, whether
by local government A or another person, has effect as if it had been
performed by local government B or that other person and the matter or
procedure may be completed by local government B or that other person; and
(e)
actions and other proceedings commenced by or against local government A in
relation to any land, or in relation to a matter that occurred on any land, in
that part of district A and pending immediately before commencement may be
continued by or against local government B; and
(f)
actions and other proceedings which could have been brought by or against
local government A in relation to any land, or in relation to a matter that
occurred on any land, in that part of district A may be brought by or against
local government B.
[Regulation 6 amended: Gazette
12 Dec 2014 p. 4735.]