Western Australian Current Regulations

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LOCAL GOVERNMENT (CONSTITUTION) REGULATIONS 1998 - REG 7

7 .         Effect of section 2.1 order on local laws

        (1)         In this regulation —

        commencement means —

            (a)         in subregulation (2), the commencement of the order referred to in subregulation (2);

            (b)         in subregulation (3), the commencement of the order referred to in subregulation (3).

        (2)         If as a result of an order made under section 2.1 an area of the State is declared to be a district ("district A") and the area includes —

            (a)         a part of the area of a district ("district B") the boundaries of which are changed by the order; or

            (b)         the whole, or a part, of the area of a district ("district C") that is abolished by the order; or

            (c)         a combination of the areas described in paragraphs (a) and (b),

                then on commencement —

            (d)         the local laws that applied in that part of the area of district B immediately before the commencement continue to apply in respect of that part of the area of district B that is included in district A; and

            (e)         the local laws that applied in the whole, or that part, of the area of district C immediately before the commencement continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

            (f)         the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

            (g)         the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —

                  (i)         are to be administered and enforced by local government A; and

                  (ii)         subject to Division 2 of Part 3 of the Act, may be amended or repealed by local government A,

                as if they were local laws of local government A.

        (3)         If as a result of an order made under section 2.1 an area of the State is included in the area of another district ("district A” ) and the area of the State includes —

            (a)         a part of the area of a district ("district B") the boundaries of which are changed by the order; or

            (b)         the whole, or a part, of the area of a district ("district C” ) that is abolished by the order; or

            (c)         a combination of the areas described in paragraphs (a) and (b),

                then on commencement —

            (d)         the local laws that applied in that part of the area of district B immediately before the commencement continue to apply in respect of that part of the area of district B that is included in district A; and

            (e)         the local laws that applied in the whole, or that part, of the area of district C immediately before the commencement continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

            (f)         the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and

            (g)         the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —

                  (i)         are to be administered and enforced by local government A; and

                  (ii)         subject to Part 3 Division 2 of the Act, may be amended or repealed by local government A,

                as if they were local laws of local government A; and

            (h)         until the local laws of local government A provide otherwise, the local laws of local government A do not apply in respect of —

                  (i)         that part of the area of district B that is included in district A; or

                  (ii)         the whole, or that part, of the area of district C that is included in district A.

        [Regulation 7 amended: Gazette 12 Dec 2014 p. 4735‑7.]



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