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LOCAL GOVERNMENT (CONSTITUTION) REGULATIONS 1998 - SCHEDULE 1

Form 1.         Proposal to create, change the boundaries of, or abolish a district [r. 8]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Proposal to create, change the boundaries of, or abolish a district 1

To:         The Local Government Advisory Board.

1.         The affected electors, whose names, details and signatures are set out in the attached list, propose that an order should be made under section 2.1 of the Local Government Act 1995 in relation to the district of [ name of district proposed to be created, affected or abolished ].

2.         A summary of the purposes of the proposed order is as follows:
        [ Here set out summary ]

3.         The following documents are attached to and form part of this proposal:
        •         a statement setting out clearly the nature of the proposal and the effects of the proposal on local governments; and
        •         a plan illustrating any proposed changes of the boundaries of a district.

4.         This proposal is served on behalf of the listed signatories by —
        Name:         Signature:
        Contact address:         Phone No.:
        Date:

__________________________________

1         Under clause 2(1)(d) of Schedule 2.1 to the Local Government Act 1995 a proposal that an order be made under section 2.1 of the Act to create, change the boundaries of, or abolish a district can be made to the Local Government Advisory Board by affected electors who —

        •         are at least 250 in number; or

        •         are at least 10% of the total number of affected electors.

[Form 1 continued]

List of affected electors (form of each page of signatories)

We, the undersigned, propose that an order be made under section 2.1 of the Local Government Act 1995 for the purposes summarized in item 2 of this proposal in relation to the district named in item 1.

Full name of affected elector 2

Address which entitles, or would entitle, you to vote in the elections of the local government of the district proposed to be created, affected or abolished

Signature of affected elector

Date










_____________________________

2         An “elector” is one of the following —

        •         a resident owner or occupier enrolled to vote at State elections;

        •         an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

        •         an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

        An “affected elector” is —

        •         an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the proposal; or

        •         a person who would be an elector if the area directly affected by the proposal became, or became part of, a district.

Form 2.         Request for poll on a recommended amalgamation         [r. 9]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Request for a poll on a recommended amalgamation 1

To:         The Minister for Local Government.

1.         The electors of the district of [ name of district whose electors are making the request ], whose names, details and signatures are set out in the attached list, request that the recommendation of the Local Government Advisory Board that the districts of [ names of the 2 or more districts to be abolished or amalgamated] be abolished and amalgamated, be put to a poll of electors of the districts.

2.         This request is served on behalf of the listed signatories by —
                Name:                         Signature:
                Contact address:                 Phone No.:
                Date:

List of electors (form of each page of signatories)

We the undersigned, electors of the district of [ name of district whose electors are making the request ], request that the recommended abolition and amalgamation of the districts of [ names of the 2 or more districts to be abolished or amalgamated ] be put to a poll of electors of those districts under the Local Government Act 1995 .

Full name of elector 2

Address which entitles you to vote in the elections of the local government of a district recommended for amalgamation

Signature of elector

Date










_____________________________

1         Under clause 8 of Schedule 2.1 to the Local Government Act 1995 , a request asking for a recommendation of the Local Government Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts can be made to the Minister for Local Government by —

        •         at least 250 of the electors of one of the districts; or

        •         at least 10% of the electors of one of the districts.

2         An “elector” is one of the following —

        •         a resident owner or occupier enrolled to vote at State elections;

        •         an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

        •         an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

Form 3.         Submission about changes to wards, name or representation [r. 10]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Submission about changes to wards, name or representation 1

To:         The 2 Mayor/President of [ name of local government ].

1.         The affected electors of the district of [ name of district ], whose names, details and signatures are set out in the attached list, submit that an order should be made under the Local Government Act 1995 for the following purpose:
        [Here set out the purpose]

        for the following reasons:
        [Here set out the reasons]
        [Attach any other relevant documentation, including a map if appropriate]

2.         This submission is served on behalf of the listed signatories by —
                Name:                         Signature:
                Contact address:                 Phone No.:
                Date:

________________________________

1         Under clause 3 of Schedule 2.2 to the Local Government Act 1995 , a submission that an order be made under the Act about wards, the name of a district or ward or the number of councillors for a district or ward can be made to the local government concerned by affected electors who —

        •         are at least 250 in number; or

        •         are at least 10% of the total number of affected electors.

2         Delete the one that does not apply.

[Form 3 continued]

List of affected electors (form of each page of signatories)

We the undersigned, submit that an order should be made under the Local Government Act 1995 for the purpose set out in item 1 of this submission in relation to the [ name of local government ].

Full name of affected elector 3

Address which entitles you to vote in the elections of the local government to which this submission relates

Signature of affected elector

Date










__________________________

3         An “elector” is one of the following —

        •         a resident owner or occupier enrolled to vote at State elections;

        •         an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

        •         an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

        An “affected elector” is an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the submission.

Form 4.         Proposal to change the method of filling the office of mayor or president [r. 10AD]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Proposal to change the method of filling the office of mayor or president 1

To:         The 2 Mayor/President of [ name of local government ].

1.         The method of filling the office of 2 mayor/president currently used by the [ name of local government ] is 2 election by electors of the district/election by the council from amongst the councillors.

2.         The electors of [ name of district ], whose names, details and signatures are set out in the attached list, propose that the method of electing the mayor/president of the [ name of local government ] be changed to 2 election by the council from amongst the councillors/election by electors of the district.

3.         A summary of the reasons for the proposed change is as follows:
        [ Here set out summary ]

4.         This proposal is served on behalf of the listed signatories by —
                Name:                         Signature:
                Contact address:                 Phone No.:
                Date:

[Form 4 continued]

List of electors (form of each page of signatories)

We the undersigned, propose that the method of filling the office of 2 mayor/president of the [ name of local government ] be changed to 2 election by the council from amongst the councillors/election by electors of the district.

Full name of elector 3

Address which entitles you to vote in the elections of the local government to which this proposal relates

Signature of elector

Date










_____________________________

1         Under section 2.11(1) of the Local Government Act 1995 , the method of filling the office of mayor or president of a local government is either —

        •         election by the electors of the district; or

        •         election by the council from amongst the councillors.

        Under section 2.12 of the Act, a proposal to change from one method to the other method can be made to the local government by electors of the district who —

        •         are at least 250 in number; or

        •         are at least 10% of the total number of electors of the district.

2         Delete the one that does not apply.

3         An elector is one of the following —

        •         a resident owner or occupier enrolled to vote at State elections;

        •         an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);

        •         an occupier of rateable property (e.g. tenant of business premises or other non-residential property).

        [Form 4 amended: SL 2023/102 r. 21.]

[Forms 5 and 6 deleted: Gazette 20 Jan 2006 p. 381.]

Form 7.         Declaration by elected member of council         [r. 13(1)(c)]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Declaration by elected member

I, .........................................................................................................................................
of 1         .....................................................................................................................................,
having been elected to the office of 2 mayor/deputy mayor/president/deputy president/councillor of the 3 ...............................................................................................,
declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the code of conduct adopted by the 3 ................................ under section 5.104 of the Local Government Act 1995 .


Declared at ............................................ on ....................................................................

by         .............................................................

Before me:         .............................................................
‑‑_____________________________

1         Insert your residential address.

2         Delete those that do not apply.

3         Insert the name of the local government.

        [Form 7 inserted: Gazette 21 Aug 2007 p. 4187; amended: SL 2021/15 r. 7.]

Form 8.         Declaration by commissioner                 [r. 13(1)(d)]

Local Government Act 1995
Local Government (Constitution) Regulations 1998
Declaration by commissioner

I, .......................................................................................................................................
of 1 ....................................................................................................................................,
having been appointed to the office of commissioner
of the 2 .............................................................................................................................., declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office according to the best of my judgment and ability.

Declared at ............................................ on .................................................................

by         ..................................................................

Before me:         ...................................................................

___________________________

1         Insert your residential address.
2         Insert the name of the local government.

        [Form 8 inserted: Gazette 21 Aug 2007 p. 4188.]



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