Legislation, In force, Western Australia
Western Australia: Local Government Act 1995 (WA)
An Act to provide for a system of local government in Western Australia, to amend the Local Government Act 1960 2 and for related purposes.
Western Australia
Local Government Act 1995
Western Australia
Local Government Act 1995
Contents
Part 1 — Introductory matters
1.1. Short title 1
1.2. Commencement 1
1.3. Content and intent 1
1.4. Terms used 1
1.4A. Caretaker period 1
1.5. Descriptions in italics not part of the law 1
1.6. Crown not generally bound 1
1.7. Local public notice 1
1.8. Statewide public notice 1
1.9. Decisions by absolute majority 1
Part 2 — Constitution of local government
Division 1 — Districts and wards
2.1. State divided into districts 1
2.2. Districts may be divided into wards 1
2.2A. Regulations may provide that district cannot be divided into wards 1
2.3. Names of districts and wards 1
2.4. District to be designated city, town or shire 1
Division 2 — Local governments and councils of local governments
2.5. Local governments created as bodies corporate 1
2.6. Local governments to be run by elected councils 1
2.7. Role of council 1
2.8. Role of mayor or president 1
2.9. Role of deputy mayor or deputy president 1
2.10. Role of councillors 1
Division 3 — How offices on the council are filled
2.11. Alternative methods of filling office of mayor or president 1
2.12. Electors may propose change of method 1
2.12A. Procedure to change method to election by council 1
2.12B. Regulations may require local government to use election by electors method 1
2.13. When new method takes effect 1
2.14. Extension of term in certain cases 1
2.15. Filling office of deputy mayor or deputy president 1
2.16. Filling offices of councillors 1
Division 4 — Membership and size of the council
Subdivision 1 — Preliminary
2.16A. Terms used 1
2.16B. Population estimates 1
Subdivision 2 — Membership and size
2.17. Members of council where mayor or president elected by electors 1
2.17A. Members of council where mayor or president elected by council 1
Subdivision 3 — Orders
2.18. Fixing and changing number of councillors 1
2.18A. Change orders 1
Division 5 — Qualifications for holding office on the council
2.19. Qualifications for election to council 1
2.20. Members of parliament disqualified 1
2.21. Disqualification because of insolvency 1
2.22. Disqualification because of convictions 1
2.23. Disqualification because of membership of another council 1
2.24. Disqualification because of misapplication of funds or property 1
2.25. Disqualification for failure to attend meetings 1
2.26. Election to council terminates employment with local government 1
2.27. Procedure to determine qualification to retain membership of council 1
Division 6 — Terms of office on the council and vacation of office
2.28. Days on which terms begin and end 1
2.29. Declaration 1
2.30. Terms extended if ordinary elections delayed 1
2.31. Resignation 1
2.32. How extraordinary vacancies occur in offices elected by electors 1
2.34. How extraordinary vacancies occur in offices elected by council 1
2.35. Vacancies on restructure of districts, wards or membership 1
2.36. Vacancies on dismissal of council or council member 1
2.36A. Power to declare offices vacant if district to be abolished 1
2.37. Power to declare offices vacant 1
2.37A. Vacancies in all offices for any other reason 1
Division 7 — Commissioners
2.38. Function of commissioner 1
2.39. Appointment of commissioner 1
2.40. Joint commissioners 1
2.41. Appointment, tenure, meetings etc. 1
2.42. Commissioner to make declaration 1
2.43. Applicability of certain provisions of this Act 1
Division 8 — Local Government Advisory Board
2.44. Advisory Board, establishment of 1
2.45. Advisory Board, functions of 1
Part 3 — Functions of local governments
Division 1 — General
3.1. General function 1
3.2. Relationship to State Government 1
3.3. Act not to affect Crown's rights concerning alienated land 1
3.4. Functions may be legislative or executive 1
Division 2 — Legislative functions of local governments
Subdivision 1 — Local laws made under this Act
3.5. Legislative power of local governments 1
3.6. Places outside district 1
3.7. Inconsistency with written laws 1
3.8. Local laws may adopt codes etc. 1
3.9. Model local laws 1
3.10. Creating offences and prescribing penalties 1
Subdivision 2 — Local laws made under any Act
3.11. Subdivision applies to local laws made under any Act 1
3.12. Procedure for making local laws 1
3.13. Procedure where significant change in proposal 1
3.14. Commencement of local laws 1
3.15. Local laws to be publicised 1
3.16. Periodic review of local laws 1
3.17. Governor may amend or repeal local laws 1
Division 3 — Executive functions of local governments
Subdivision 1 — Performing executive functions
3.18. Performing executive functions 1
3.19. Places to be regarded as within district 1
3.20. Performing functions outside district 1
3.21. Duties when performing functions 1
3.22. Compensation 1
3.23. Arbitration 1
Subdivision 2 — Certain provisions about land
3.24. Authorising persons under this Subdivision 1
3.25. Notices requiring certain things to be done by owner or occupier of land 1
3.26. Additional powers when notices given 1
3.27. Particular things local governments can do on land that is not local government property 1
Subdivision 3 — Powers of entry
3.28. When this Subdivision applies 1
3.29. Powers of entry are additional 1
3.30. Assistants and equipment 1
3.31. General procedure for entering property 1
3.32. Notice of entry 1
3.33. Entry under warrant 1
3.34. Entry in emergency 1
3.35. Purpose of entry to be given on request 1
3.36. Opening fences 1
Subdivision 4 — Impounding abandoned vehicle wrecks and goods involved in certain contraventions
3.37. Contraventions that can lead to impounding 1
3.38. Terms used 1
3.39. Power to remove and impound 1
3.40. Vehicle may be removed if goods to be impounded are in or on vehicle 1
3.40A. Abandoned vehicle wreck may be taken 1
3.41. Impounded perishable goods, notice to collect 1
3.42. Impounded non‑perishable goods 1
3.43. Impounded non‑perishable goods, court may confiscate 1
3.44. Notice to collect goods if not confiscated 1
3.45. Notice to include warning 1
3.46. Goods may be withheld until costs paid 1
3.47. Confiscated or uncollected goods, disposal of 1
3.47A. Sick or injured animals, disposal of 1
3.48. Impounding expenses, recovery of 1
Subdivision 5 — Certain provisions about thoroughfares
3.50. Closing certain thoroughfares to vehicles 1
3.50A. Partial closure of thoroughfare for repairs or maintenance 1
3.51. Affected owners to be notified of certain proposals 1
3.52. Public access to be maintained and plans kept 1
Subdivision 6 — Various executive functions
3.53. Control of certain unvested facilities 1
3.54. Reserves under control of local government 1
3.55. Acquisition of land 1
3.56. Tidal waters 1
3.57. Tenders for providing goods or services 1
3.58. Disposing of property 1
3.59. Commercial enterprises by local governments 1
3.60. No capacity to form or acquire control of body corporate 1
Division 4 — Regional local governments and regional subsidiaries
3.61. Establishing regional local government 1
3.62. Constitution and purpose of regional local government 1
3.63. Dissolution or partial dissolution of regional local government 1
3.64. Establishment agreement, what it must contain 1
3.65. Establishment agreement, amendment of 1
3.66. Application of enabling Acts to regional local government 1
3.67. Inconsistency between regional and other local laws 1
3.68. Other arrangements not affected 1
3.69. Regional subsidiaries 1
3.70. Regional subsidiaries to have charter 1
3.70A. Audit requirements for regional subsidiaries 1
3.70B. Principles affecting employment by regional subsidiaries 1
3.71. Regulations about regional subsidiaries 1
3.72. Other provisions and arrangements not affected 1
Division 5 — Caretaker period
3.73. Restrictions on what local government may do during caretaker period 1
Part 4 — Elections and other polls
Division 1 — Preliminary
4.1. Terms used 1
4.1A. Conflict with Commonwealth or State election or referendum 1
4.1B. Polling day may be changed where conflict with Commonwealth or State election or referendum 1
4.1C. Orders mandating method of conducting election: postal elections 1
4.1D. Orders mandating method of conducting election: voting in person elections 1
Division 2 — Inaugural elections
4.2. Inaugural elections 1
4.3. Polling day for inaugural election 1
Division 3 — Ordinary elections
4.4. Ordinary elections 1
4.5. Frequency of ordinary elections 1
4.6. Election day for ordinary elections 1
4.7. Ordinary elections day usually third Saturday in October 1
Division 4 — Extraordinary elections
4.8. Extraordinary elections 1
4.9. Election day for extraordinary election 1
4.10. Extraordinary election can be held before resignation has taken effect 1
Division 5 — Other elections
4.11. Elections after restructure of districts, wards or membership 1
4.12. Elections after reinstatement of council 1
4.13. Elections after all members' offices become vacant 1
4.14. Elections after council is dismissed 1
4.15. Fresh election after election declared invalid 1
Division 6 — Postponement and consolidation of elections
4.16. Postponement of elections to allow consolidation 1
4.17. Cases in which vacant offices can remain unfilled 1
4.18. Certain elections to be held as one 1
Division 7 — Provisions about electoral officers and the conduct of elections
4.19. Returning officer 1
4.20. CEO to be returning officer unless other arrangements made 1
4.21. Deputy returning officers 1
4.22. Returning officer to conduct elections 1
4.23. Returning officer's functions 1
4.24. Electoral Commissioner's functions 1
4.25. Access to information 1
4.26. Delegation 1
4.27. Regulations about electoral officers and conduct of elections 1
4.28. Fees and expenses 1
Division 8 — Eligibility for enrolment
4.29. Eligibility of residents to be enrolled 1
4.30. Eligibility of non‑resident owners and occupiers to be enrolled 1
4.31. Rateable property: ownership and occupation 1
4.32. How to claim eligibility to enrol under s. 4.30 1
4.33. Claim of eligibility to enrol under s. 4.30, expiry of 1
4.34. Accuracy of enrolment details to be maintained 1
4.35. Decision that eligibility to enrol under s. 4.30 has ended 1
Division 9 — Electoral process
Subdivision 1 — Stages of electoral process
4.36. Application and term used: election 1
Subdivision 2 — Stage 1: Preparing the electoral roll
4.37. New roll for each election 1
4.38. What roll consists of 1
4.39. Close of enrolments 1
4.40. Residents roll 1
4.41. Owners and occupiers roll 1
4.42. Supply of rolls to returning officer, members and candidates 1
4.43. Correction of rolls 1
4.44A. Alteration of rolls 1
4.44. One enrolment per roll 1
4.45. Failure to comply with time limits as to preparation of rolls 1
4.46. Fresh roll may be required 1
4.46A. Restrictions on use of information contained in rolls 1
Subdivision 3 — Stage 2: Nomination of candidates
4.47. Nominations, call for 1
4.48. Candidate, eligibility of 1
4.49. How to make an effective nomination 1
4.50. Deposits, how dealt with 1
4.51. Nominations, rejection of 1
4.52. Information about candidates to be published 1
4.53. Nominations, cancellation of 1
Subdivision 4 — Stage 3: After nominations close
4.54. Nominations to be declared 1
4.55. Same number of candidates as vacancies 1
4.56. More candidates than vacancies 1
4.57. Less candidates than vacancies 1
4.58. Death of candidate after close of nominations 1
4.59. Candidates, regulations about 1
Subdivision 5 — Stage 4: Preparing for voting
4.60. Voting by electors 1
4.61. Choice of methods of conducting election 1
4.62. Polling places required 1
4.63. Presiding and other officers, appointment of 1
4.64. Public notice about election 1
Subdivision 6 — Stage 5: Voting
4.65. Right to vote 1
4.66. One vote for each elector 1
4.67. Where to vote in person 1
4.68. When to vote 1
4.69. How to vote 1
4.70. Presiding officer to maintain order at polling place 1
4.71. Regulations about voting procedure 1
Subdivision 7 — Stage 6: Counting the votes
4.72. Outcome of election to be determined 1
4.72A. Re‑counts of votes 1
4.73. Procedure when person is candidate in 2 elections 1
4.73A. Procedure when councillor whose term is not expiring is candidate for mayor or president 1
4.74. How votes counted (Sch. 4.1) 1
4.75. Acceptance and rejection of ballot papers 1
4.76. Review of decisions on ballot papers 1
Subdivision 8 — Stage 7: Declaring the result
4.77. Returning officer to declare result 1
4.78. Order of retirement of councillors 1
4.79. Report to Minister 1
Division 10 — Validity of elections
4.80. Complaints about result of election 1
4.81. Complaints to go to Court of Disputed Returns 1
4.82. No appeal 1
4.83. Validity of election 1
4.84. Retention and availability of electoral papers, regulations about 1
Division 11 — Electoral offences
4.85. Bribery and undue influence, offence 1
4.86. Breach or neglect by officers, offence 1
4.87. Printing and publication of electoral material 1
4.88. Offence to print, publish or distribute misleading or deceptive material 1
4.89. Canvassing in or near polling places, offence 1
4.90. False statements, offence 1
4.91. Offences relating to nomination papers, ballot papers and ballot boxes 1
4.92. Offences relating to postal votes 1
4.93. Interference with electors: infringement of secrecy, offence 1
4.94. Other electoral offences 1
4.95. Offences, attempts to commit 1
4.96. Investigation of electoral misconduct 1
4.97. Prosecutions 1
4.98. Criminal Code not to apply 1
Division 12 — Polls and referendums
4.99. Election procedures to apply to polls and referendums 1
Part 5 — Administration
Division 1 — Introduction
5.1. Term used: committee 1
5.2. Administration of local governments 1
Division 2 — Council meetings, committees and their meetings and electors' meetings
Subdivision 1 — Council meetings
5.3. Ordinary and special council meetings 1
5.4. Calling council meetings 1
5.5. Convening council meetings 1
5.6. Who presides at council meetings 1
5.7. Minister may reduce number for quorum and certain majorities 1
Subdivision 2 — Committees and their meetings
5.8. Establishment of committees 1
5.9. Committees, types of 1
5.10. Appointment of committee members 1
5.11A. Deputy committee members 1
5.11. Committee membership, tenure of 1
5.12. Presiding members and deputies 1
5.13. Deputy presiding members, functions of 1
5.14. Who acts if no presiding member 1
5.15. Reduction of quorum for committees 1
5.16. Delegation of some powers and duties to certain committees 1
5.17. Limits on delegation of powers and duties to certain committees 1
5.18. Register of delegations to committees 1
Subdivision 3 — Matters affecting council and committee meetings
5.19. Quorum for meetings 1
5.20. Decisions of councils and committees 1
5.21. Voting 1
5.22. Minutes of council and committee meetings 1
5.23. Meetings generally open to public 1
5.23A. Electronic broadcasting and video or audio recording of council meetings 1
5.24. Question time for public 1
5.25. Regulations about council and committee meetings and committees 1
Subdivision 4 — Electors' meetings
5.26. Term used: electors 1
5.27. Electors' general meetings 1
5.28. Electors' special meetings 1
5.29. Convening electors' meetings 1
5.30. Who presides at electors' meetings 1
5.31. Procedure for electors' meetings 1
5.32. Minutes of electors' meetings 1
5.33. Decisions made at electors' meetings 1
Division 3 — Acting for the mayor or president
5.34. When deputy mayors and deputy presidents can act 1
5.35. Who acts if no mayor, president or deputy 1
Division 4 — Local government employees
5.36. Local government employees 1
5.37. Senior employees 1
5.38. Annual review of employees' performance 1
5.39. Contracts for CEO and senior employees 1
5.39A. Model standards for CEO recruitment, performance and termination 1
5.39B. Adoption of model standards 1
5.39C. Policy for temporary employment or appointment of CEO 1
5.40. Principles affecting employment by local governments 1
5.41. Role of CEO 1
5.42. Delegation of some powers and duties to CEO 1
5.43. Limits on delegations to CEO 1
5.44. CEO may delegate powers and duties to other employees 1
5.45. Other matters relevant to delegations under this Division 1
5.46. Register of, and records relevant to, delegations to CEO and employees 1
5.47. Superannuation regulations 1
5.48. Long service benefits for employees and employees of local government associations 1
5.49. Workers compensation insurance 1
5.50. Payments to employees in addition to contract or award 1
5.51. Employee who nominates for election to council to take leave 1
5.51A. Code of conduct for employees 1
Division 5 — Annual reports and planning
5.53. Annual reports 1
5.54. Acceptance of annual reports 1
5.55. Notice of annual reports 1
5.55A. Publication of annual reports 1
5.56. Planning for the future 1
Division 6 — Disclosure of financial interests and gifts
Subdivision 1A — Preliminary
5.57. Terms used 1
5.58. Provisions about gifts 1
Subdivision 1 — Disclosure of financial interests in matters affecting local government decisions
5.59. Terms used 1
5.60. When person has an interest 1
5.60A. Financial interest 1
5.60B. Proximity interest 1
5.61. Indirect financial interests 1
5.62. Closely associated persons 1
5.63. Some interests need not be disclosed 1
5.65. Members' interests in matters to be discussed at meetings to be disclosed 1
5.66. Meeting to be informed of disclosures 1
5.67. Disclosing members not to participate in meetings 1
5.68. Councils and committees may allow members disclosing interests to participate etc. in meetings 1
5.69. Minister may allow members disclosing interests to participate etc. in meetings 1
5.69A. Minister may exempt committee members from disclosure requirements 1
5.70. Employees to disclose interests relating to advice or reports 1
5.71. Employees to disclose interests relating to delegated functions 1
5.71A. CEOs to disclose interests relating to gifts in connection with advice or reports 1
5.71B. Council or Minister may allow CEOs to provide advice or reports 1
5.72. Defence to prosecution 1
5.73. Disclosures to be minuted 1
Subdivision 2 — Disclosure of financial interests in returns
5.74. Terms used 1
5.75. Primary returns 1
5.76. Annual returns 1
5.77. Acknowledging receipt of returns 1
5.78. Information to be disclosed in returns 1
5.79. Real property 1
5.80. Source of income 1
5.81. Trusts 1
5.84. Interests and positions in corporations 1
5.85. Debts 1
5.86. Dispositions of property 1
5.87. Discretionary disclosures generally 1
Subdivision 2A — Disclosure of gifts
5.87A. Council members to disclose gifts 1
5.87B. CEOs to disclose gifts 1
5.87C. Provisions about disclosure 1
Subdivision 3 — General
5.88. Register of financial interests 1
5.89A. Register of gifts 1
5.89. Offence to give false or misleading information 1
5.90. Offence to publish information in certain cases 1
Division 6A — Attendance at events
5.90A. Policy for attendance at events 1
Division 7 — Access to information
5.91. Interpretation 1
5.92. Access to information by council, committee members 1
5.93. Improper use of information 1
5.94. Public can inspect certain local government information 1
5.95. Further provisions relating to right to inspect local government information 1
5.96. Copies of information to be available 1
5.96A. Information published on official website 1
5.97. Freedom of Information Act 1992 not affected 1
Division 8 — Local government payments and gifts to its members
5.98. Fees, reimbursements and allowances for council members 1
5.98A. Allowance for deputy mayor or deputy president 1
5.99. Annual fee for council members in lieu of fees for attending meetings 1
5.99A. Allowances for council members in lieu of reimbursement of expenses 1
5.99B. Superannuation for council members: main provisions 1
5.99C. Superannuation for council members: opt outs 1
5.99D. Superannuation for council members: other exceptions 1
5.99E. Superannuation for council members: supplementary provisions 1
5.100A. Gifts to council members 1
5.100. Fees paid and expenses reimbursed to committee members 1
5.101. Payments for employee committee members 1
5.101A. Regulations about payment of expenses 1
5.102. Expense may be funded before actually incurred 1
5.102AA. Apportionment of annual payments 1
5.102AB. Repayment of advance annual payments if recipient ceases to hold office 1
5.102AC. Application of this Division to regional local governments 1
Division 9 — Conduct
5.102A. Terms used 1
5.103. Model code of conduct for council members, committee members and candidates 1
5.104. Adoption of model code of conduct 1
5.105. Breaches by council members 1
5.106. Deciding whether breach occurred 1
5.107. Complaining to complaints officer of minor breach 1
5.108. Departmental CEO may send complaint of minor breach to complaints officer 1
5.109. Complaint initiated by complaints officer 1
5.110A. Withdrawal of complaint of minor breach 1
5.110. Dealing with complaint of minor breach 1
5.111. Dealing with recurrent breach 1
5.112. Allegation of recurrent breach 1
5.113. Punishment for recurrent breach 1
5.114. Making complaint of serious breach 1
5.115. Complaints officer to send complaint of serious breach to Departmental CEO 1
5.116. Allegation by Departmental CEO of serious breach 1
5.117. Punishment for serious breach 1
5.118. Carrying out orders 1
5.119. SAT's enforcement powers 1
5.120. Complaints officer 1
5.121. Register of certain complaints of minor breaches 1
5.122. Standards panels 1
5.123. Confidentiality 1
5.124. Giving false or misleading information 1
5.125. Review of certain decisions 1
Division 10 — Training and development
5.126. Training for council members 1
5.127. Report on training 1
5.128. Policy for continuing professional development 1
5.129. Fees and expenses 1
Part 6 — Financial management
Division 1 — Introduction
6.1. Terms used 1
Division 2 — Annual budget
6.2. Local government to prepare annual budget 1
6.3. Budget for other circumstances 1
Division 3 — Reporting on activities and finance
6.4. Financial report 1
Division 4 — General financial provisions
6.5. Accounts and records 1
6.6. Funds to be established 1
6.7. Municipal fund 1
6.8. Expenditure from municipal fund not included in annual budget 1
6.9. Trust fund 1
6.10. Financial management regulations 1
6.11. Reserve accounts 1
6.12. Power to defer, grant discounts, waive or write off debts 1
6.13. Interest on money owing to local governments 1
6.14. Power to invest 1
Division 5 — Financing local government activities
Subdivision 1 — Introduction
6.15. Local government's ability to receive revenue and income 1
Subdivision 2 — Fees and charges
6.16. Imposition of fees and charges 1
6.17. Setting level of fees and charges 1
6.18. Effect of other written laws 1
6.19. Local government to give notice of fees and charges 1
Subdivision 3 — Borrowings
6.20. Power to borrow 1
6.21. Restrictions on borrowing 1
6.22. Appointment of receivers 1
6.23. Powers of receivers 1
6.24. Application of money 1
Division 6 — Rates and service charges
Subdivision 1 — Introduction and basis of rating
6.25. Terms used 1
6.26. Rateable land 1
6.27. Multiple rating 1
6.28. Basis of rates 1
6.29. Valuation and rates on mining and petroleum interests 1
6.30. Valuation of and rates on certain land 1
6.31. Phasing in of certain valuations 1
Subdivision 2 — Categories of rates and service charges
6.32. Rates and service charges 1
6.33. Differential general rates 1
6.34. Limit on revenue or income from general rates 1
6.35. Minimum payment 1
6.36. Local government to give notice of certain rates 1
6.37. Specified area rates 1
6.38. Service charges 1
Subdivision 3 — Imposition of rates and service charges
6.39. Rate record 1
6.40. Effect of amendment of rate record 1
6.41. Service of rate notice 1
Subdivision 4 — Payment of rates and service charges
6.42. Term used: service charge 1
6.43. Rates and service charges are a charge on land 1
6.44. Liability for rates or service charges 1
6.45. Options for payment of rates or service charges 1
6.46. Discounts 1
6.47. Concessions 1
6.48. Regulation of grant of discounts and concessions 1
6.49. Agreement as to payment of rates and service charges 1
6.50. Rates or service charges due and payable 1
6.51. Accrual of interest on overdue rates or service charges 1
6.52. Rates and service charges may be apportioned 1
6.53. Land becoming or ceasing to be rateable land 1
Subdivision 5 — Recovery of unpaid rates and service charges
6.54. Term used: service charge 1
6.55. Recovery of rates and service charges 1
6.56. Rates or service charges recoverable in court 1
6.57. Non‑compliance with procedure in Act not to prevent recovery of rate or service charge 1
6.58. Defence in special cases 1
6.59. Question of title to land not to affect jurisdiction 1
6.60. Local government may require lessee to pay rent 1
6.61. Requirement to give name of person liable 1
6.62. Application of money paid for rates and service charges 1
Subdivision 6 — Actions against land where rates or service charges unpaid
6.63. Term used: service charge 1
6.64. Actions to be taken 1
6.65. Power to lease: procedure 1
6.66. Effect of lease 1
6.67. Release of property after payment of arrears 1
6.68. Exercise of power to sell land 1
6.69. Right to pay rates, service charges and costs, and stay proceedings 1
6.70. Effect of changes in boundaries of local government area 1
6.71. Power to transfer land to Crown or to local government 1
6.72. Title to land sold or transferred 1
6.73. Discharge of liability on sale of land 1
6.74. Power to have land revested in Crown if rates in arrears 3 years 1
6.75. Land to be vested in local government 1
Subdivision 7 — Objections and review
6.76. Grounds of objection 1
6.77. Review of decision of local government on objection 1
6.78. Review of decision to refuse to extend time for objection 1
6.79. New matters raised on review 1
6.79B. Written reasons for certain determinations to be given and published 1
6.80. Objections and reviews against valuations 1
6.81. Objection not to affect liability to pay rates or service charges 1
6.82. General review of imposition of rate or service charge 1
Part 7 — Audit
Division 1 — Introduction
7.1. Terms used 1
Division 1A — Audit committee
7.1A. Audit committee 1
7.1B. Delegation of some powers and duties to audit committees 1
7.1C. Decisions of audit committees 1
Division 2 — Appointment of auditors
7.1D. Application 1
7.2. Audit 1
7.3. Appointment of auditors 1
7.4. Disqualified person not to be auditor 1
7.5. Approval of auditors 1
7.6. Term of office of auditor 1
7.7. Departmental CEO may appoint auditor 1
7.8. Terms of appointment of auditors 1
Division 3 — Conduct of audit
7.8A. Application 1
7.9. Audit to be conducted 1
7.10. Powers of auditor 1
7.11. Power to demand production of books etc. 1
7.12. Employees and financial institutions to furnish particulars of money received 1
Division 3A — Financial audit
7.12AA. Application 1
7.12AB. Conducting a financial audit 1
7.12AC. Dispensing with a financial audit 1
7.12AD. Reporting on a financial audit 1
7.12AE. Fees for a financial audit 1
Division 3B — Supplementary audit
7.12AF. Application 1
7.12AG. Conducting a supplementary audit 1
7.12AH. Reporting on a supplementary audit 1
7.12AI. Fees for a supplementary audit 1
Division 3C — Performance audit
7.12AJ. Conducting a performance audit 1
7.12AK. Reporting on a performance audit 1
Division 3D — Other audits
7.12AL. Audits of accounts of related entities and certain subsidiary bodies 1
Division 4 — General
7.12A. Duties of local government with respect to audits 1
7.13. Regulations as to audits 1
Part 8 — Scrutiny of the affairs of local governments
Division 1 — Inquiries by the Minister or an authorised person
8.1. Terms used 1
8.2. Minister or Departmental CEO may require information 1
8.3. Inquiries by, or authorised by, Departmental CEO 1
8.4. Scope and duration of authorisation 1
8.5. Powers of authorised person 1
8.6. Power to enter property 1
8.7. Notice of entry 1
8.8. Entry under warrant 1
8.9. Exercise of powers 1
8.10. Protection from liability 1
8.11. Failure to comply with directions 1
8.12. Referral to other authorities 1
8.13. Authorised person's report 1
8.14. Copies to be given to local government and suspended council members 1
8.15. Minister can take action to ensure that recommendations are put into effect 1
8.15A. Local government may have to meet inquiry costs 1
Division 1A — Intervention by the Minister in certain circumstances
Subdivision 1 — Council may be suspended or required to undertake remedial action
8.15B. Notice that council may be peremptorily suspended or required to undertake remedial action 1
8.15C. Minister may order that council be peremptorily suspended or required to undertake remedial action 1
Subdivision 2 — Council member may be suspended or required to undertake remedial action
8.15D. Terms used 1
8.15E. Minister may suspend council member or require member to undertake remedial action 1
8.15F. Period of suspension: order under section 8.15E 1
8.15G. Suspension of certain council members may be extended while inquiry conducted 1
8.15H. Reinstatement of council member whose suspension was extended under section 8.15G 1
8.15I. Minister may suspend council member if member fails to undertake remedial action as ordered 1
8.15J. Council member must inform CEO if charged with disqualification offence 1
Subdivision 3 — Council member may be dismissed
8.15K. Minister may recommend that council member be dismissed 1
8.15L. Governor may dismiss council member on recommendation of the Minister 1
8.15M. Report setting out grounds to be made available to the public 1
Division 2 — Inquiries by Inquiry Panels
8.16. Minister may institute inquiry 1
8.17. Scope and duration of inquiry 1
8.18. Local government to be informed 1
8.19. Suspension of council while inquiry is held 1
8.19A. Suspension of council member while inquiry is held 1
8.20. Powers of Inquiry Panel 1
8.21. Referral to other authorities 1
8.22. Report of Inquiry Panel 1
8.23. Copies to be given to local government and suspended council members, and made available to public 1
8.24. Minister to decide what action to take on Inquiry Panel's report 1
8.25. Dismissal of council or council member by Governor 1
8.26. Suspension of council if Minister's order not complied with 1
8.27. Local government may have to meet inquiry costs 1
Division 3 — General provisions about suspension and dismissal of councils and council members
Subdivision 1 — Provisions about suspension of councils
8.28. Period of suspension: reinstatement of council 1
8.29. Effect of suspension of council 1
8.30. Appointment of commissioner while council is suspended 1
Subdivision 2 — Provisions about suspension of council members
8.30A. Period of suspension: orders under sections 8.15I and 8.19A 1
8.30B. Effect of suspension of council member 1
8.30C. Continuing effect of suspension 1
8.30D. Reinstatement of suspended council member 1
Subdivision 3 — Provisions about dismissal of councils
8.31. No dismissal of council except on Inquiry Panel's recommendation 1
8.32. When dismissal of council takes effect 1
8.33. Appointment of commissioner on dismissal of council 1
8.34. Elections following dismissal of council 1
Subdivision 4 — Provisions about dismissal of council members
8.34A. No dismissal of council member except on recommendation of Minister or Inquiry Panel 1
8.34B. When dismissal of council member takes effect 1
Division 4 — Misapplication of funds and property
8.35. Interpretation 1
8.36. Authorisation 1
8.37. Powers related to inquiries 1
8.38. Liability for misapplication of funds or property 1
8.39. Action to recover amounts misapplied 1
8.40. Notice to be given before action is taken 1
8.41. Decision whether or not to proceed with action 1
8.42. Power of court to order payment 1
8.43. Disqualification of person who has misapplied funds or property 1
8.44. Evidence of authorisation 1
Part 9 — Miscellaneous provisions
Division 1 — Objections and review
9.1. When this Division applies 1
9.2. Terms used 1
9.3. Rights of affected person extended to certain owners 1
9.4. Advice of objection and review rights 1
9.5. Objection may be lodged 1
9.6. Dealing with objection 1
9.7. Review 1
9.9. Suspension of effect of decision 1
Division 2 — Enforcement and legal proceedings
Subdivision 1 — Miscellaneous provisions about enforcement
9.10. Appointment of authorised persons 1
9.11. Persons found committing breach of Act to give name on demand 1
9.12. Obstructing person acting under written law, offence 1
9.13. Onus of proof in vehicle offences may be shifted 1
9.13A. Notice to prevent continuing contravention 1
9.14. Penalty for offence when not otherwise specified 1
Subdivision 2 — Infringement notices
9.15. Terms used 1
9.16. Notice, giving of to alleged offender 1
9.17. Content of notice 1
9.18. Notice placing onus on vehicle owner 1
9.19. Extension of time 1
9.20. Withdrawal of notice 1
9.21. Benefit of paying modified penalty 1
9.22. Application of penalties collected 1
Subdivision 3 — General provisions about legal proceedings
9.24. Prosecutions, commencing 1
9.25. Prosecutions, time limit for 1
9.26. Prosecuting accused whose name unknown 1
9.27. Civil remedy not affected by proceedings for offence 1
9.28. Interests of public 1
9.29. Representing local government in court 1
Subdivision 4 — Evidence in legal proceedings
9.30. When this Subdivision applies 1
9.31. Terms used 1
9.32. Evidence Act 1906 not excluded 1
9.33. Presumptions about certificates 1
9.34. Evidence of local laws 1
9.35. Evidence of text adopted by local laws 1
9.36. Using Gazette notice as evidence 1
9.37. Using meeting minutes as evidence 1
9.38. Evidence of documents coming from local government 1
9.39. Proving document given to another party 1
9.40. Using copy of rate record as evidence 1
9.41. Proving ownership, occupancy, and other things by certificate 1
9.42. Person may be alleged to be owner or occupier of land 1
9.43. Certificate of returning officer about election 1
9.44. Spouses and de facto partners presumed to be living with one another 1
9.45. Evidence of authorisation or approval 1
9.46. Things may be alleged to be property of local government 1
9.47. Proof of certain matters not required 1
9.48. Evidence of thoroughfare 1
Division 3 — Documents
9.49A. Execution of documents 1
9.49B. Contract formalities 1
9.49. Documents, how authenticated 1
9.50. Giving documents to persons, generally 1
9.51. Giving documents to local government 1
9.52. Giving documents in difficult cases 1
9.53. Other provisions about giving documents 1
9.54. Defects in documents 1
9.55. Effect of document on persons deriving title 1
Division 4 — Protection from liability
9.56. Certain persons protected from liability for wrongdoing 1
9.57. Local government protected from certain liability 1
9.57A. Local government protected from liability for defamation: council proceedings on website 1
Division 5 — Associations of local government
9.58. Constitution of associations of local government 1
Division 6 — Regulations, directions and orders
9.59. General regulations 1
9.60. Regulations that operate as local laws 1
9.61. Provisions about regulations 1
9.61A. Further provisions about regulations 1
9.62. Governor may give directions as consequence of making order 1
9.63. Minister may give directions to resolve disputes between local governments 1
9.63A. Minister may grant exemptions from compliance with Act 1
9.64. Governor may rectify omissions and irregularities 1
9.65. Orders made by Governor or Minister 1
Division 7 — Other miscellaneous provisions
9.66. Delegation by Minister 1
9.67. Delegation by Departmental CEO 1
9.68. Local government to be notified of disposal of land 1
9.69. Land descriptions 1
9.69A. Notification under Corruption, Crime and Misconduct Act 2003 1
9.69B. DAP functions 1
Division 8 — Amendments to 1960 Act and transitional provisions
9.71. Transitional provisions 1
Schedule 2.1 — Provisions about creating, changing the boundaries of, and abolishing districts
1. Terms used 1
2. Making a proposal 1
3. Dealing with proposals 1
4. Notice of inquiry 1
5. Conduct of inquiry 1
6. Recommendation by Advisory Board 1
7. Minister may require poll of electors 1
8. Electors may demand poll on recommended amalgamation 1
9. Procedure for holding poll 1
10. Minister may accept or reject recommendation 1
10A. Recommendations regarding names, wards and representation 1
11. Transitional arrangements for orders about districts 1
12. Registration of documents 1
Schedule 2.2 — Provisions about names, wards and representation
1. Terms used 1
2. Advisory Board to make recommendations relating to new district 1
3. Who may make submissions about ward changes etc. 1
4. Dealing with submissions 1
5. Local government may propose ward changes or make minor proposals 1
6. Local government with wards to review periodically 1
7. Reviews 1
8. Matters to be considered in respect of wards 1
9. Proposal by local government 1
10. Recommendation by Advisory Board 1
11. Inquiry by Advisory Board 1
12. Minister may accept or reject recommendation 1
Schedule 2.3 — When and how mayors, presidents, deputy mayors and deputy presidents are elected by the council
Division 1 — Mayors and presidents
1. Terms used 1
2. When council elects mayor or president 1
3. CEO to preside 1
4. How mayor or president is elected 1
5. Votes may be cast a second time 1
Division 2 — Deputy mayors and deputy presidents
6. Terms used 1
7. When council elects deputy mayor or deputy president 1
8. How deputy mayor or deputy president is elected 1
9. Votes may be cast a second time 1
Division 3 — Validity of elections
10. Term used: election 1
11. Complaints about validity of election 1
12. Complaints to go to Court of Disputed Returns 1
13. No appeal 1
14. Certain defects do not affect election 1
15. Regulations about retention and availability of electoral papers 1
Schedule 2.4 — Provisions about commissioners
1. Eligibility for appointment 1
2. Tenure 1
3. Vacancies 1
4. Vacancies may be filled 1
5. Payment of commissioners 1
6. Procedure at meetings of joint commissioners 1
Schedule 2.5 — Provisions about the Local Government Advisory Board
1. Term used: member 1
2. Membership of Advisory Board 1
3. Deputies 1
4. Submission of lists 1
5. Term of office 1
6. Vacation of office 1
7. Meetings 1
8. Remuneration and allowances 1
9. Protection 1
10. Staff 1
11. Delegation 1
12. Powers of inquiry 1
13. Investigations 1
14. Annual report 1
15. Offences 1
Schedule 3.1 — Powers under notices to owners or occupiers of land
Division 1 — Things a notice may require to be done
Division 2 — Provisions contraventions of which may lead to a notice requiring things to be done
Schedule 3.2 — Particular things local governments can do on land even though it is not local government property
Schedule 4.1A — Filling extraordinary vacancy without extraordinary election
Division 1 — Preliminary
1. Terms used 1
Division 2 — Application of Schedule
2. Certain extraordinary vacancies to be filled under Schedule instead of by extraordinary election 1
Division 3 — One office elections
Subdivision 1 — One office election: 2 candidates
3. Application of Subdivision 1
4. Filling of vacancy by unsuccessful candidate 1
Subdivision 2 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 4
5. Application of Subdivision 1
6. Filling of vacancy by second placed candidate 1
7. Filling of vacancy by third placed candidate 1
Subdivision 3 — One office election: 3 or more candidates where former member elected under Schedule 4.1 clause 5
8. Application of Subdivision 1
9. Filling of vacancy by second placed candidate 1
10. Filling of vacancy by third placed candidate 1
Division 4 — Elections of 2 or more councillors
11. Application of Division 1
12. Filling of vacancy by first unelected candidate 1
13. Filling of vacancy by second unelected candidate 1
Division 5 — Former member elected under cl. 6, 9 or 12
14. Terms used 1
15. Former member elected under cl. 6 1
16. Former member elected under cl. 9 1
17. Former member elected under cl. 12 1
Division 6 — Final provisions
18. Regulations about notifications and time periods 1
19. Declarations and notices under section 4.77 for purposes of Schedule 1
Schedule 4.1B — Filling office of councillor who is elected elector mayor or president
1. Vacancy caused by councillor becoming elector mayor or president not to be filled by extraordinary election in certain circumstances 1
2. Concurrent election ascertained under Schedule 4.1 clause 2 1
3. Concurrent election ascertained under Schedule 4.1 clause 4 1
4. Concurrent election ascertained under Schedule 4.1 clause 5 1
5. Concurrent election ascertained under Schedule 4.1 Division 3 1
Schedule 4.1 — How to count votes and ascertain the result of an election
Division 1 — Preliminary
1. Terms used 1
Division 2 — One office elections
2. One office election: 2 candidates 1
3. One office election: 3 or more candidates 1
4. Count of first‑preference votes 1
5. Process if no candidate elected under clause 4 1
Division 3 — Elections for 2 or more councillors
Subdivision 1 — Preliminary
6. Application of Division 1
7. Terms used 1
Subdivision 2 — Counting and transferring votes
8. Count of first‑preference votes and determination of quota 1
9. Transfer of surplus votes (1) 1
10. Transfer of surplus votes (2) 1
11. Exclusion of candidates 1
Subdivision 3 — Supplementary provisions
12. No further transfers to elected candidates 1
13. Filling last office 1
14. No need for further transfers of votes if number of continuing candidates equals number of vacancies 1
15. Order of transfers of surpluses 1
16. Procedure to determine excluded candidates if votes equal 1
17. Setting aside ballot papers as finally dealt with or exhausted 1
18. Transfers to be treated separately 1
Schedule 4.2 — Order of retirement from office of councillors
Schedule 5.1 — Provisions about standards panels
1. Term used: member 1
2. Membership of standards panel 1
3. Deputies 1
4. Submission of lists 1
5. Term of office 1
6. Vacation of office 1
7. Dissolution of standards panel 1
8. Meetings 1
9. Remuneration and allowances 1
10. Protection 1
11. Annual report 1
Schedule 6.1 — Provisions relating to the phasing in of valuations
1. Phasing in of certain valuations 1
2. Phasing in of rating based on gross rental values 1
Schedule 6.2 — Provisions relating to lease of land where rates or service charges unpaid
1. Form of lease 1
2. Application of rent received 1
Schedule 6.3 — Provisions relating to sale or transfer of land where rates or service charges unpaid
1. Conditions for exercise of power of sale of land 1
2. Advertisement for sale 1
3. Power of sale 1
4. Power of local government to transfer or convey land 1
5. Application of purchase money 1
6. Receipt by local government sufficient discharge 1
7. If sale not completed within 12 months after commencement, proceedings lapse 1
8. Transfer of land to Crown or local government under s. 6.71 1
Schedule 8.1 — Provisions about Inquiry Panels
1. Constitution of Inquiry Panel 1
2. Term of appointment 1
3. Procedures and remuneration 1
Schedule 9.1 — Certain matters for which Governor may make regulations
1. Parking for disabled 1
2. Disturbing local government land or anything on it 1
3. Obstructing or encroaching on public thoroughfare 1
4. Separating land from public thoroughfare 1
5. Gates across public thoroughfares 1
6. Dangerous excavation in or near public thoroughfare 1
7. Crossing from public thoroughfare to private land or private thoroughfare 1
8. Private works on, over, or under public places 1
9. Protection of watercourses, drains, tunnels and bridges 1
10. Protection of thoroughfares from water damage 1
11. Works required for supply of gas or water 1
12. Wind erosion and sand drifts 1
Schedule 9.3 — Transitional provisions
Division 1 — Provisions for Local Government Act 1995
Subdivision 1 — Preliminary
1. Terms used 1
2. Interpretation Act 1984 applies 1
3. Construction of references in written laws 1
Subdivision 2 — Continuation of constitutional arrangements, membership and appointments
4. Former districts continue as districts 1
5. Former municipalities continue as local governments 1
6. Former councils continue as previously constituted 1
7. Wards and representation 1
8. Former method of electing mayor or president continued 1
9. Commissioners continued 1
10. Regional councils continued 1
11. Local Government Associations continued 1
Subdivision 3 — Electoral matters
13. Existing provisions continue for elections before 1997 ordinary elections 1
14. Transition from annual to biennial election system 1
14A. Transition to October elections 1
Subdivision 4 — Administration
15. Employees 1
16. Superannuation schemes: transitional and savings 1
17. Long service benefits: transitional and savings 1
18. Committees continue until first ordinary elections 1
19. Delegations continue for up to a year 1
20. First annual report 1
21. First plan for principal activities 1
22. First code of conduct 1
23. First declaration by certain designated employees 1
24. Previous records to be kept by continuing authorities 1
Subdivision 5 — Financial management and audit
25. Rateable land exemptions 1
26. Land declared to be exempt from payment of rates 1
27. Basis of rates 1
28. Recovery of rates 1
29. Continuation of debentures issued 1
30. Reserve accounts 1
31. Borrowing: loan polls 1
Subdivision 6 — Former by-laws, uniform general by-laws and regulations
33. Former by‑laws continued 1
34. First periodic review as a local law 1
35. Former uniform general by‑laws continued 1
36. Former regulations continued 1
Subdivision 7 — Miscellaneous
37. Townsites 1
38. Gates across thoroughfares in cities or towns 1
39. Deferments under Rates and Charges (Rebates and Deferments) Act 1992 1
40. Commercial enterprises 1
41. Evidence in proceedings under former provisions 1
Division 2 — Provisions for the Local Government Amendment Act 2012
42. Term used: amending Act 1
43. Saving provisions for CEOs 1
44. Section 6.14(1) does not apply to existing investments 1
Division 3 — Provisions for Local Government Legislation Amendment Act 2016
45. Term used: amending Act 1
46. Part 5 Division 9: complaints 1
47. Part 9 Division 2 Subdivision 2 1
48. Schedule 2.1: transitional arrangements 1
Division 4 — Provisions for the Local Government Amendment (Auditing) Act 2017
49. Terms used 1
50. Minister to publish status of audit contracts 1
51. Audit contracts may be terminated after completion of FY17/18 audit 1
52. Audit contracts are terminated after completion of FY19/20 audit 1
53. No breach of contract 1
54. Transitional regulations 1
Division 5 — Provisions for the Local Government Legislation Amendment Act 2019
55. Authorised persons 1
56. Register of gifts 1
Division 6 — Provisions for Local Government Amendment Act 2023
57. Term used: 2023 amendment Act 1
58. Continued application of repealed provisions relating to membership and size of councils 1
59. Transitional orders relating to constitution of local government 1
60. Enrolment eligibility claims 1
61. Electors' special meetings 1
62. Transitional regulations 1
Division 7 — Provisions for Local Government Amendment Act 2024
Subdivision 1 — Preliminary
63. Term used: 2024 amendment Act 1
Subdivision 2 — Serious local government offences
64. Conviction for serious local government offence 1
Subdivision 3 — Local laws
65. Periodic review of local laws 1
Subdivision 4 — Committees
66. Establishment of committees 1
67. Presiding members 1
68. Deputy presiding members 1
69. Audit, risk and improvement committees 1
Subdivision 5 — Electoral matters
70. Nominee of body corporate 1
71. Saving for cl. 12 1
Subdivision 6 — Conduct breaches and disciplinary matters
72. Terms used 1
73. Pending conduct matters: minor breach, recurrent breach, serious breach 1
74. Findings about minor, recurrent and serious breaches committed before amendment day 1
75. Order made before amendment day 1
76. Primary standards panel annual report 1
Subdivision 7 — Inquiries and Ministerial intervention
77. Current inquiries by, or authorised by, Departmental CEO 1
78. Inquiry Panels 1
79. Ministerial intervention 1
Subdivision 8 — Misapplication of funds and property
80. Part 8 Division 4 authorisations and Departmental CEO actions and approvals 1
Subdivision 9 — General
81. Transitional regulations 1
Notes
Compilation table 1
Uncommenced provisions table 1
Other notes 1
Defined terms
Western Australia
Local Government Act 1995
An Act to provide for a system of local government in Western Australia, to amend the Local Government Act 1960 2 and for related purposes.
Part 1 — Introductory matters
What this Part is about
This Part deals with some matters that are relevant to the Act generally.
In particular —
(a) section 1.2 provides for the commencement of the Act; and
(b) section 1.3 summarizes the main content of the Act and what it intends to achieve; and
(c) section 1.5 explains the legal status of italicized notes such as this; and
(d) section 1.6 states the position of the Crown; and
(e) other provisions define some terms and concepts used in the Act.
1.1. Short title
This Act may be cited as the Local Government Act 1995.
1.2. Commencement
This Act comes into operation on 1 July 1996.
1.3. Content and intent
(1) This Act provides for a system of local government by —
(a) providing for the constitution of elected local governments in the State; and
(b) describing the functions of local governments; and
(c) providing for the conduct of elections and other polls; and
(d) providing a framework for the administration and financial management of local governments and for the scrutiny of their affairs.
(2) This Act is intended to result in —
(a) better decision‑making by local governments; and
(b) greater community participation in the decisions and affairs of local governments; and
(c) greater accountability of local governments to their communities; and
(d) more efficient and effective local government.
[(3) deleted]
[Section 1.3 amended: No. 49 of 2004 s. 15; No. 22 of 2023 s. 4.]
1.4. Terms used
In this Act, unless the contrary intention appears —
absolute majority —
(a) in relation to a council, means a majority comprising enough of the members for the time being of the council for their number to be more than 50% of the number of offices (whether vacant or not) of member of the council;
(b) in relation to any other body, means a majority comprising enough of the persons for the time being constituting the body for their number to be more than 50% of the number of offices (whether vacant or not) on the body;
Advisory Board means the Local Government Advisory Board established by section 2.44;
auditor means —
(a) in relation to an audit, other than a performance audit —
(i) in relation to a local government that has an audit contract that is in force — a person for the time being appointed under Part 7 Division 2 to be the auditor of the local government; and
(ii) in relation to a local government that does not have an audit contract that is in force — the Auditor General;
and
(b) in relation to a performance audit — the Auditor General;
caretaker period has the meaning given in section 1.4A(1);
CEO means the chief executive officer of a local government;
commissioner means a commissioner appointed to a local government under sections 2.6(4), 2.36A(3), 2.37(4), 2.37A(1), 8.30 or 8.33;
council means the council of a local government;
councillor means a person who holds the office of councillor on a council (including a person who holds another office under section 2.17(2) or 2.17A(2) or (3) as well as the office of councillor);
councillor mayor or president means a mayor or president elected by the council from amongst the councillors;
Crown lands means lands of the Crown —
(a) not granted or contracted to be granted in fee simple; or
(b) not held or occupied —
(i) under conditional terms of purchase; or
(ii) with a right to acquire the fee simple;
Crown lease means a lease from the Crown of Crown lands, or a licence or concession from the Crown for taking a profit of Crown lands, but does not include —
(a) an instrument executed or issued pursuant to a contract or arrangement with the Crown by virtue of which land is held or occupied with a right, whether subject to compliance with conditions or otherwise, to acquire the fee simple; and
(b) a lease under the Housing Act 1980; and
(c) an instrument by virtue of which lands are held or occupied subject to the payment of a peppercorn or nominal rental;
Crown lessee means a person entitled under a Crown lease to an interest or a right in or over Crown lands;
Department means the department of the Public Service assisting the Minister to administer this Act;
Departmental CEO means the chief executive officer of the Department;
district means an area of the State that is declared to be a district under section 2.1;
election year means a year in which ordinary elections for local governments are required to be held;
elector, in relation to a district or ward, means a person who is eligible to be enrolled to vote at elections for the district or ward;
elector mayor or president means a mayor or president elected by electors of a district (including a person who is elected to an office of elector mayor or president under Schedule 4.1A);
Electoral Commissioner means the Electoral Commissioner appointed under the Electoral Act 1907;
electoral requirements has the meaning given by section 4.1;
employee means a person employed by a local government under section 5.36;
extraordinary election has the meaning given by section 4.8;
financial year means the period commencing on 1 July and ending on the next following 30 June;
inaugural election has the meaning given by section 4.2;
Inquiry Panel means an Inquiry Panel constituted under section 8.16;
local government means a local government established under this Act;
local government property means anything, whether land or not, that belongs to, or is vested in, or under the care, control or management of, the local government;
local public notice has the meaning given by section 1.7;
member, in relation to the council of a local government, means —
(a) an elector mayor or president of the local government; or
(b) a councillor on the council (including a councillor who holds another office under section 2.17(2) or 2.17A(2) or (3) as well as the office of councillor);
metropolitan area has the same definition as metropolitan region in the Planning and Development Act 2005;
municipal fund means the municipal fund established under section 6.6;
occupier where used in relation to land means the person by whom or on whose behalf the land is actually occupied or, if there is no occupier, the person entitled to possession of the land, and includes a person in unauthorised occupation of Crown land and where under a licence or concession there is a right to take profit of Crown land specified in the licence or concession, means the person having that right;
ordinary election has the meaning given by section 4.4;
ordinary elections day in relation to a local government, means a day fixed by section 4.6 or under section 4.7(2) for holding the polls for ordinary elections for that local government (whether or not any polls are actually held);
owner, where used in relation to land —
(a) means a person who is in possession as —
(i) the holder of an estate of freehold in possession in the land, including an estate or interest under a contract or an arrangement with the Crown or a person, by virtue of which contract or arrangement the land is held or occupied with a right to acquire by purchase or otherwise the fee simple; or
(ia) the owner of a lot in a leasehold scheme as defined in the Strata Titles Act 1985 section 3(1); and
(ii) a Crown lessee or a lessee or tenant under a lease or tenancy agreement of the land which in the hands of the lessor is not rateable land under this Act, but which in the hands of the lessee or tenant is by reason of the lease or tenancy rateable land under this or another Act for the purposes of this Act; or
(iii) a mortgagee of the land; or
(iv) a trustee, executor, administrator, attorney, or agent of a holder, lessee, tenant, or mortgagee, mentioned in this paragraph;
or
(b) where there is not a person in possession, means the person who is entitled to possession of the land in any of the capacities mentioned in paragraph (a), except that of mortgagee; or
(c) where, under a licence or concession there is a right to take profit of Crown land specified in the licence or concession, means the person having that right; or
(d) where a person is lawfully entitled to occupy land which is vested in the Crown, and which has no other owner according to paragraph (a), (b), or (c), means the person so entitled; or
(e) means a person who —
(i) under the Mining Act 1978, holds in respect of the land a mining tenement within the meaning given to that expression by that Act; or
(ii) in accordance with the Mining Act 1978 holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning given to that expression by the Mining Act 1904 3; or
(iii) under the Petroleum and Geothermal Energy Resources Act 1967 holds in respect of the land a permit, drilling reservation, lease or licence within the meaning given to each of those expressions by that Act;
or
(f) where a person is in the unauthorised occupation of Crown land, means the person so in occupation;
prescribed means prescribed by regulations;
regional local government means a regional local government established under section 3.61;
regional subsidiary means a regional subsidiary established under section 3.69;
senior employee means a senior employee under section 5.37;
Statewide public notice has the meaning given by section 1.8;
thoroughfare means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end;
WALGA means the Western Australian Local Government Association constituted under section 9.58;
ward means one of the wards into which a district is divided under section 2.2.
[Section 1.4 amended: No. 1 of 1998 s. 4 and 6(2); No. 64 of 1998 s. 4(2); No. 49 of 2004 s. 11 and 16(1); No. 38 of 2005 s. 15; No. 28 of 2006 s. 361; No. 35 of 2007 s. 99(2); No. 26 of 2016 s. 4; No. 5 of 2017 s. 4(1); No. 16 of 2019 s. 4; No. 30 of 2018 s. 157; No. 11 of 2023 s. 5; No. 47 of 2024 s. 4(3).]
1.4A. Caretaker period
(1) In this Act —
caretaker period, in relation to a local government, means a period that —
(a) begins at the close of nominations (as defined in section 4.49(a)) for a relevant election for the local government; and
(b) ends —
(i) on the day after the day on which the returning officer declares the result of the relevant election under section 4.77; or
(ii) if section 4.57(1) applies to the relevant election — on the day after the day on which the close of nominations falls; or
(iii) if section 4.58(1) applies to the relevant election — on the day after the day on which the candidate dies.
(2) In subsection (1) —
relevant election means any of the following —
(a) an ordinary election;
(b) an inaugural election;
(c) an election under section 4.11, 4.12, 4.13 or 4.14;
(d) an election under section 4.15 after an election that is a relevant election under paragraph (a), (b) or (c) or this paragraph is declared invalid.
[Section 1.4A inserted: No. 11 of 2023 s. 6.]
1.5. Descriptions in italics not part of the law
A description that is printed in italics at the beginning of a Part of this Act explaining what it is about is not part of the Act.
1.6. Crown not generally bound
This Act does not bind the Crown except to the extent expressly stated in this Act.
1.7. Local public notice
Where under this Act local public notice of a matter is required to be given, notice of the matter must be —
(a) published on the official website of the local government concerned in accordance with the regulations; and
(b) given in at least 3 of the ways prescribed for the purposes of this section.
[Section 1.7 inserted: No. 16 of 2019 s. 5.]
1.8. Statewide public notice
Where under this Act Statewide public notice of a matter is required to be given, notice of the matter must be given in accordance with section 1.7(a) and (b) and the requirements prescribed for the purposes of this section.
[Section 1.8 inserted: No. 16 of 2019 s. 5.]
1.9. Decisions by absolute majority
The footnote Absolute majority required, applying to a power conferred in this Act, means that —
(a) if the power is conferred on a local government, it can only be exercised by or in accordance with, a decision of an absolute majority of the council; or
(b) if the power is conferred on any other body, it can only be exercised by or in accordance with, a decision of an absolute majority of that body.
[1.10. Deleted: No. 16 of 2019 s. 6.]
Part 2 — Constitution of local government
What this Part is about
This Part deals with the constitutional framework of the system of elected local government in this State maintained as required by Part IIIB of the Constitution Act 1889.
In particular it deals with —
(a) the division of the State into districts and wards for local government purposes; and
(b) the creation of local governments; and
(c) the creation and membership of elected councils; and
(d) the qualifications of members of councils; and
(e) the terms of office of members of councils and how their offices may become vacant; and
(f) commissioners of local governments.
Division 1 — Districts and wards
2.1. State divided into districts
(1) The Governor, on the recommendation of the Minister, may make an order —
(a) declaring an area of the State to be a district; or
(b) changing the boundaries of a district; or
(c) abolishing a district; or
(d) as to a combination of any of those matters.
(2) Schedule 2.1 (which deals with creating, changing the boundaries of, and abolishing districts) has effect.
(3) The Minister can only make a recommendation under subsection (1) if the Advisory Board has recommended under Schedule 2.1 that the order in question should be made.
2.2. Districts may be divided into wards
(1) The Governor, on the recommendation of the Minister, may make an order —
(a) dividing a district into wards; or
(b) creating new wards in a district that is already divided into wards; or
(c) changing the boundaries of a ward; or
(d) abolishing any or all of the wards into which a district is divided; or
(e) as to a combination of any of those matters.
(2) For the purposes of this Act —
(a) an order that divides a district into wards is to be regarded as establishing a ward system for the district; and
(b) an order that abolishes all of the wards into which a district is divided and does not create new wards, is to be regarded as discontinuing the ward system for the district.
(3) Schedule 2.2 (which deals with wards and representation) has effect.
(4) The Minister can only make a recommendation under subsection (1) if the Advisory Board has recommended under Schedule 2.2 that the order in question should be made.
(5) An order cannot be made under subsection (1) in relation to a district which, under regulations made for the purposes of section 2.2A(1)(a), cannot be divided into wards.
[Section 2.2 amended: No. 11 of 2023 s. 7.]
2.2A. Regulations may provide that district cannot be divided into wards
(1) Regulations may —
(a) provide that a district cannot be divided into wards; and
(b) if the district is divided into wards — abolish all of the wards.
(2) If regulations are made for the purposes of subsection (1)(b) —
(a) the abolition of the wards does not of itself cause a change in the number of offices of councillor on the council; and
(b) regulations may give directions to the effect that, in advance of the abolition of the wards taking effect, Part 4 applies for the purpose of preparing for, and conducting, an election as if the abolition had already taken effect; and
(c) the operation of Part 4 is modified to the extent necessary to give effect to any directions given for the purposes of paragraph (b); and
(d) regulations may give other directions, including directions modifying the operation of this Act, for the purpose of giving effect to the abolition of the wards.
[Section 2.2A inserted: No. 11 of 2023 s. 8.]
2.3. Names of districts and wards
(1) An order under section 2.1 designating an area of the State to be a district is to include an order naming the district.
(2) An order under section 2.2 establishing a ward system for a district is to include an order naming the wards.
(3) If a local government proposes under Schedule 2.2 that an order be made changing the name of