No. 99 of 1994 Section 1. Purpose 2. Commencement TABLE OF PROVISIONS PART 1 PRELIMINARY PART 2 AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1989 3. Change to the financial year of Councils 4. Transitional provisions concerning the alteration of the financial year 5. Change to election dates 6. Exclusion of people of unsound mind from voters' rolls 7. Insertion of section 41 A 41A. Election by postal voting 8. Changes to pecuniary interest provisions 9. Changes to register of interests provisions 10. Senior officer positions to be advertised 11. Changes concerning contracts of senior officers 12. Changes concerning regional corporations 13. Insertion of sections 197-1 97G 197. Submissions on regional library agreements 197A. Restrictions on the power of a regional library to borrow 1 97B. Restriction on power of regional library to delegate its powers 197c. Appointment of auditor 197D. Corporate plan 197E. Offence to fail to comply with annual report and corporate plan provisions 197F. Restriction on power to make local laws 197G. Winding up of regional libraries 14. Transitional provisions concerning existing regional corporations 15. Repeal of spent provision 16. Certain discontinued roads on Crown land to vest in Councils 17. Insertion of section 208BA 208BA. Additional competitive arrangements 18. Other changes concerning competitive tendering 19. Police officers do not need separate identity cards if enforcing local laws 20. Insertion of section 224A 224A. Police may act as authorised officers to enforce certain local laws 21. Expansion of list of who may act as returning officer in elections 22. Minor house-keeping amendment 23. Regulations may direct how total remuneration of officers to be calculated 24. Validation of name changes under former Act 25. Repeal of the Local Government (Miscellaneous) Act 1958 2321
26. Repeal of the Prahran Market Act 1979 27. Minor overlooked consequential amendment to the Transport Act 1983 PART 3 AMENDMENTS TO THE ENVIRONMENT PROTECTION ACT 1970 28. Insertion of Divisions 2A and 2B into Part IX of the Environment Protection Act Division 2A Regional Waste Management Groups 50E. Waste management regions 50F. Formation of regional waste management groups from Councils only 50G. Formation of regional waste management groups other circumstances 50H. Functions and powers of a regional waste management group 50i. Constitution of a regional waste management group 50J. Membership of a regional waste management group 50K. Pecuniary interest of members of the governing body 50L. Group budget and contributions from members 50M. Liability for group debts 50N. Restriction on borrowing by group 50o. Compulsory acquisition of land 50P. Restriction on acquisition of land 50Q. Restriction on disposal of land 50QA. HOW disputes are to be resolved 50QB. Supreme Court limitation of jurisdiction 50QC. Authority and Minister may require report from group 50QD. Winding up of a regional waste management group Division 2B Regional Waste Management Plans 50R. Preparation and contents of plans 50RA. Who must comply with plans 50RB. Life of regional waste management plan 50RC. Amendment of regional waste management plans 50RD. Review of regional waste management plans 50RE. Authority may refuse works approval etc. for certain facilities if plan not observed 29. Minor consequential amendments 30. Minor amendments to the Environment Protection Act 31. Transition from the old system to the new 2322
Victoria No. 99 of 1994 Local Government (Amendment) Act 1994 [Assented to 13 December 1994] The Parliament of Victoria enacts as follows: PART 1 PRELIMINARY 1. Purpose The purpose of this Act is (a) to amend the Local Government Act 1989 (i) to alter the dates of the municipal financial year and the date of Council elections; and (ii) to alter its provisions concerning the creation and operation of regional corporations; and 2323
2 Act No. 99/1994 (iii) to generally improve its operation; and (b) to transfer provisions concerning regional waste management groups from the Local Government (Miscellaneous) Act 1958 to the Environment Protection Act 1970; and (c) to repeal the Local Government (Miscellaneous) Act 1958 and the Prahran Market Act 1979. 2. Commencement (1) This Act (other than sections 7 and 25) comes into operation on the day on which it receives the Royal Assent. (2) Section 7 comes into operation on a day to be proclaimed. (3) If section 7 is not in operation by 1 January 1996, it comes into operation on that date. (4) Section 25 comes into operation on 1 January 1996. PART 2 AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1989 3. Change to the financial year of Councils (1) In section 3 (1) of the Local Government Act 1989, for the definition of "financial year" substitute "financial year" means the period of 12 months ending on 30 June each year;'. (2) In the Local Government Act 1989 (a) in section 144 (1), for "1 October" substitute "1 July"; (b) in section 150 (3), for "30 November" substitute "31 August"; (c) in section 158 (1), for "each financial year by 30 November declare" substitute "respect of each financial year declare by 31 August"; 2324
Act No. 9911994 s.4 (d) in section 167 (2A), for "1 July" substitute "1 April"; (e) in section 171 (4) (d), for "31 July" substitute "30 April"; (J) in section 173 (1), for "1 October" substitute "1 July"; (g) in section 179 (2), for "30 November" substitute "31 August"; (h) in section 184 (1) (a), for "February or March" substitute "November or December"; (i) in section 184 (1) (b), for "1 February and 30 September" substitute "1 November and 30 June". 4. Transitional provisions concerning the alteration of the financial year (1) For the purposes of the Local Government Act 1989 and this and any other related Act, the period starting on 1 October 1994 and ending on 30 June 1995 is a financial year and is the 1994-1995 financial year. (2) Any direct or indirect reference in any Act, subordinate instrument, deed, contract, notice, order or other document to the 1994-1995 financial year of a Council or to the 1994-1995 financial year under the Local Government Act 1989 is to be read as a reference to the period starting on 1 October 1994 and ending on 30 June 1995. (3) A Council does not have to change its budget or proposed budget in respect of the 1994-1995 financial year to take account of the shortening of that year. (4) Neither this section nor the changes made by section 3 affect the validity of any rates or charges notice issued in respect of the 1994-1995 financial year, and a Council may issue or continue to issue rates or 2325
s.5 Act No. 9911994 charges notices in respect of that year as if sub-sections (1) and (2) and section 3 were not in operation. (5) Despite anything to the contrary in the Local Government Act 1989, in respect of the 1994-1995 financial year, rates and charges (other than special rates and special charges) levied in respect of that year by a Council must be paid (a) in a lump sum on or before 11 April 1995; or (b) by 4 approximately equal instalments paid on or before 31 December 1994, 28 February 1995, 31 May 1995 and 31 August 1995; or (c) in any other manner specified by the Council in the rates or charges notice. (6) Despite anything to the contrary in the Local Government Act 1989, in respect of the 1995-1996 financial year (a) a Council must comply with section 158 (1) of that Act by 30 November 1995; (b) rates and charges (other than special rates and special charges) levied in respect of that year by a Council must be paid (i) in a lump sum on or before 10 April 1996; or (ii) by 3 approximately equal instalments paid on or before 31 December 1995, 28 February 1996 and 31 May 1996; or (iii) in any other manner specified by the Council in the rates or charges notice. 5. Change to election dates In the Local Government Act 1989 (a) in sections 32 (1) and 36 (1) and (2), for "first Saturday in August" substitute "third Saturday in March"; 2326
Act No. 9911994 s. 6 (b) in sections 71 (3) (a), 72A (2) and 74 (1) and (2), for "1 September" substitute "the second Friday in April". 6. Exclusion of people of unsound mind from voters' rolls (1) After section 21 (3) of the Local Government Act 1989 insert "(3A) The Electoral Commissioner must on or before the date referred to in sub-section (2) supply to the Chief Executive Officer a list of the names of persons (a) who have been removed from the roll of electors for the Legislative Assembly under section 48 (2) (d) of the Constitution Act 1975 since the Electoral Commissioner last supplied such a list; and (b) whose last recorded address was in the municipal district.".. (2) The first list supplied by the Electoral Commissioner to the Chief Executive Officer under section 21 (3A) of the Local Government Act 1989 must contain the names of persons (a) who have been removed from the roll of electors for the Legislative Assembly under section 48 (2) (d) of the Constitution Act 1975 since 3 May 1993; and (b) whose last recorded address was in the municipal district. (3) In section 21 (4) of the Local Government Act 1989, for "voters' list supplied" substitute "list supplied under sub-section (2) or (3A)". (4) For section 22 (3) of the Local Government Act 1989 substitute "(3) The Chief Executive Officer must not include on the voters' list prepared under this section 2327
7 Local Government (Amendment) Act 1994 Act No. 9911994 (a) any person who appears on the voters' list prepared by the Electoral Commissioner; or (b) any person who appears on the list supplied to the Chief Executive Officer under section 21 (3A).". (5) After section 22 (6) (b) of the Local Government Act 1989 insert ". «... ;or (c) the name of a person who is not on the roll of electors for the Legislative Assembly by virtue of section 48 (2) (d) of the Constitution Act 1975.". 7. Insertion of section 41A After section 41 of the Local Government Act 1989 insert '41A. Election by postal voting (1) A Council may decide that all voting at an election is to be by means of postal voting. (2) If the Council makes such a decision, the returning officer must (a) state in the public notice of the election that all voting at the election is to be by postal voting; and (b) send or deliver to each voter on the voters' roll who is entitled to vote at the election (i) a postal vote certificate or declaration; (ii) a ballot paper for postal voting; 2328
Act No. 9911994 s. 8 (iii) a prepaid envelope for the return of the certificate and ballot paper; (iv) instructions on how to vote; (v) notice of how and when the ballot paper must be returned by; (vi) any document prescribed for the purposes of this paragraph; (vii) any other material that the returning officer thinks is appropriate. (3) If an election is conducted under this section, a reference in this Act to "election day" or "polling day" or a specific day on which an election is to be held is to be read as a reference to the day fixed by the returning officer as the last day on which postal ballots may be validly received by him or her. (4) Subject to this section, the election is to be conducted in accordance with the regulations and the provisions of Schedules 2 and 3 that are not inconsistent with the regulations.'. 8. Changes to pecuniary interest provisions In the Local Government Act 1989 (a) after section 78 (2) id) insert ; or (e) the spouse or de facto spouse of the Councillor or member of a special committee has a direct or indirect pecuniary interest in the contract, proposed contract or other matter."; (b) in section 79 (6), after "the declaration" insert "and the nature of the interest". 2329
s. 9 Act No. 9911994 9. Changes to register of interests provisions In section 81 of the Local Government Act 1989 (a) in sub-section (1), for the definition of "nominated officer" substitute ' "nominated officer" means the senior officers of the Council and any other member of the Council staff nominated by the Council;'; (b) in sub-sections (2) and (5), for "municipal clerk" substitute "Chief Executive Officer"; (c) for sub-section (4) substitute "(4) Any person who becomes a nominated officer must within 30 days of becoming a nominated officer submit a return in the prescribed form to the Chief Executive Officer. (4A) Any person who becomes a nominated officer solely because of the amendment made to this Act by section 8 of the Local Government (Amendment) Act 1994 is deemed for the purposes of sub-section (4) to have become a nominated officer on the date section 8 of that Act came into operation."; (d) sub-section (8) is repealed; (e) for sub-section (9) substitute "(9) The Chief Executive Officer must maintain a register of the interests of Councillors, members of special committees and nominated officers consisting of the last 3 returns that those Councillors, members and officers were required to submit under this section."; if) in sub-sections (10), (12), (15) and (16), for "Council" (wherever occurring) substitute "Chief Executive Officer"; (g) in sub-section (16), for "delete the entries relating to" substitute "remove all the returns submitted by". 2330
Act No. 9911994 s. 10 10. Senior officer positions to be advertised (1) In section 94 (4) of the Local Government Act 1989, for "to be its Chief Executive Officer" substitute "to fill a senior officer's position". (2) After section 94 (5) of the Local Government Act 1989 insert "(6) Sub-section (4) does not apply if a Council appoints a person to fill a senior officer's position on an acting basis for a period of not more than 12 months. (7) A Council must not remunerate in any way a person who has filled a senior officer's position on an acting basis for 12 months for anything the person does in respect of that position after that 12 month period (unless the person is appointed after the Council has complied with sub-section (4)).". (3) For the purposes of sections 94 (6) and (7) and 95A (5) of the Local Government Act 1989, in calculating the length of time a person has filled a position, no time spent by the person in the position before this section came into operation is to be taken into account. 11. Changes concerning contracts of senior officers (1) In section 95A (2) (b) of the Local Government Act 1989, for "less than 1 year, nor more than 5 years," substitute "more than 5 years". (2) After section 95A (3) of the Local Government Act 1989 insert "(3A) Despite sub-section (3), on the expiry of a Chief Executive Officer's contract, the Council may only enter into a new contract with the person who held that position after it has complied with section 94 (4) again.". 2331
s.12 Act No. 99/1994 (3) In section 95A (5) of the Local Government Act 1989, after "acting basis" insert "for a period of not more than 12 months". 12. Changes concerning regional corporations (1) For sections 196 (1), (2) and (3) of the Local Government Act 1989 substitute "(1) This section applies if a Council enters into an agreement with a public body to form a regional library to service the area specified in the agreement. (1A) For the purposes of this section, a reference to a public body includes a reference to a regional library. (2) The agreement has no effect unless it is approved by the Minister by notice published in the Government Gazette. (3) On the date the agreement takes effect, the regional library that is formed by the agreement becomes a regional library to which sub-section (4) applies.". (2) In sections 196 (4), (5) and (6) of the Local Government Act 1989, for "corporation" (wherever occurring) substitute "library". (3) For section 196 (7) of the Local Government Act 1989 substitute "(7) The following provisions apply to a regional library as if it were a Council and as if the members of its governing body were councillors (a) sections 75-81; (Jb) Division 2 of Part 4 (except section 84); (c) Division 3 of Part 4 (except section 98); id) Parts 5 and 6; (e) sections 138, 144, 146, 150 and 153A; (/) sections 186 and 189-194; (g) Part 11 (except section 221).". 2332
Act No. 9911994 s. 13, : (4) After section 196 (7) of the Local Government Act 1989 insert "(8) If an agreement requires the approval of the Minister to any proposed amendment of the agreement, then an amendment has no effect unless it is approved by the Minister by notice published in the Government Gazette. (9) If an agreement does not specify the date on which it is to come into effect, it comes into effect on the date on which notice of the Minister's approval is published in the Government Gazette. (10) The parties to an agreement to which this section applies are jointly and severally liable for the debts of the regional library formed under the agreement unless the agreement ; specifies otherwise.". 13. Insertion of sections 197-197G After section 196 of the Local Government Act 1989 insert ;, '197; Submissions on regional library agreements 5 :!.'.. (1) A person has the right to make a submission under section 223 on any proposal by a Council to enter into an agreement referred to in section 196. (2) A person has the right to make a submission under section 223 on any proposal by a regional library to amend such an agreement..,. ' ' ' ' '... / ' ' 197 A. Restrictions on the power of a regional library to borrow A regional library must not borrow ; ".. money (or obtain any financial 2333
s.13 Act No. 9911994 accommodation that has the same effect as borrowing money) unless in any particular case (a) it has the approval of Treasurer; and the (b) the amount borrowed (or obtained by way of financial accommodation) (i) is secured over the assets and income of the regional library; and (ii) was included in the last budget or revised budget of the regional library (unless it is only used to re-finance an existing loan). 197B. Restriction on power of regional library to delegate its powers :.,'..' (1) Despite section 196 (4) (e), a regional library may only delegate a power, duty or function to a member of its staff or a special committee and must not delegate (a) its power of delegation; (b) the power to approve any expenditure not provided for in its last budget or revised budget; (c) any of its powers, duties or functions under section 223; (d) any other prescribed power, duty or function.,,..,.,., (2) A regional library must keep a register of all delegations made by it. 2334
Act No. 9911994 s. 13 197c. Appointment of auditor A regional library must appoint an auditor within 3 months of the date it becomes a body corporate. 197D. Corporate plan Section 153A applies to a regional library as if it was a Council and as if (a) the reference to "12 months of the commencement of section 14 of the Local Government (Financial) Act 1992" was a reference to "6 months of the date the regional library becomes a body corporate"; and (b) the reference to "for the next 3 years" in sub-section (1) was a reference to "for the current and next 2 financial years". 197E. Offence to fail to comply with annual report and corporate plan provisions A regional library must comply with the obligations imposed on it by sections 126 and 153A (as applied by sections 196 (7) and 197D). Penalty: 50 penalty units. 197F. Restriction on power to make local laws Despite section 196 (7) (d), a regional library may only make a local law if the proposed local law has been ratified by all the member Councils of the library. 2335
s. 13 Local Government (Amendment) Act 1994 Act No. 9911994 197G. Winding up of regional libraries (1) A regional library may be wound up (a) voluntarily, in the way specified in section 491 of the Corporations Law; or ib) by order of the Minister. (2) A winding up order by the Minister must appoint a liquidator or liquidators and must fix the remuneration to be paid to him, her or them. (3) Subject to this Act, the provisions of the Corporations Law relating to the voluntary winding up of companies apply, so far as they are applicable and with any prescribed modifications, to and in relation to the winding up of a regional library under either sub-section (1) (a) or (b). (4) For the purposes of this section (a) a reference in the Corporations Law to a company is to be read as a reference to a regional library; ib) a reference in the Corporations Law to the Commission is to be read as a reference to the Minister; (c) a reference in the Corporations Law to the Gazette is to be read as a reference to the Government Gazette; (d) a reference in the Corporations Law to the directors of a company is to be read as a reference to the members of the 2336
Act No. 9911994 governing body of the regional library. (5) On the completion of a winding up, the liquidator or liquidators must publish a notice in the Government Gazette stating that the winding up has been completed and stating the date when the regional library is dissolved.'. 14. Transitional provisions concerning existing regional corporations. (1) The agreement governing the operation of the Peninsula Library Service, notice of which was published in the Government Gazette on 19 December 1990, cannot be amended without the, approval of the Minister. (2) The agreement by which the Narre Warren Landfill :' Gas Regional Corporation was formed ceases to have any effect on 1 January 1996. (3) The Minister may order that the Narre Warren Landfill Gas Regional Corporation be wound up at any time before 1 January 1996.... (4) Subject to this section, the Local Government Act 1989 applies to the Narre Warren Landfill Gas Regional Corporation as if it were a regional library. 15. Repeal of spent provision Section 129 (4) of the Local Government Act 1989 is repealed. 16_. Certain discontinued roads on Crown land to vest in Councils..:, (1) ( For section 207B (2) of the Local Government Act.'.! 1989 substitute : "(2) However, sub-section (1) does not apply if the,.land is Crown land. 2337
s. 17 Act No. 9911994 (2A) Despite sub-section (2), if a road on Crown land is discontinued under clause 2 of Schedule 10 and the land on to which the road is to be deviated is not Crown land, the land on which the discontinued road was situated vests in fee simple in the Council in whose municipal district it is situated on the date the notice required by Schedule 10 is published in the Government Gazette.". (2) In Schedule 10 of the Local Government Act 1989, for clause 2 (2) substitute "(2) However, in the case of a proposed deviation (a) through Crown land; or (b) which would result in the vesting of land in a Council under section 207B (2A) this power may only be exercised after the Council has obtained the consent of the Minister administering the Land Act 1958.". 17. Insertion of section 208BA After section 208B of the Local Government Act 1989 insert "208BA. Additional competitive arrangements (1) This section applies if (a) a Council is a member of a regional group that is approved, or that is of a class approved, by the Minister in writing for the purposes of this section; and (b) the regional group enters into an arrangement that would be a competitive arrangement under this Division if the regional group was a Council. (2) For the purposes of this Division, in any particular financial year die 2338
Act No. 9911994 s.18 Council is a party to a competitive arrangement.with a value equal to the result of this calculation CCRC x VCA TCRC ' where CCRC is the amount of the Council's contribution to the regional group in that year; TCRC VCA is the total amount of the contributions of the regional group's members to the regional group in that year; is the value in that year of the arrangement entered into by the regional group.". 18. Other changes concerning competitive tendering (1) In section.208c (1) (a) of the Local Government Act 1989, after "are invited from" insert "some or all of". (2) In section 208E of the Local Government Act 1989, omit "total". 19. Police officers do not need separate identity cards if enforcing local laws t After section 224 (3) of the Local Government Act 1989 insert ' "(3A)' If a Council appoints a police officer to be an authorised officer under sub-section (1), for the purposes of this section the police. ' - officer's certificate of identity is deemed to be an identity card issued under section 224 (2) -., and is deemed to comply with section 224 2339
s. 20 Act No. 99/1994 20. Insertion of section 224A After section 224 of the Local Government Act 1989 insert "224A. Police may act as authorised officers to enforce certain local laws (1) This section applies if a provision of a local law of a Council regulates the use, possession or consumption of alcohol. (2) The Council may publish a notice in the Government Gazette identifying the provision of the local law and stating that any police officer may enforce that provision. (3) If the Council publishes such a notice, any police officer may enforce the provision as if he or she was appointed to be an authorised officer under section 224 with respect to the provision. (4) For the purposes of sub-section (3), a police officer's certificate of identity is deemed to be an identity card issued under section 224 (2) and is deemed to comply with section 224 (3).". 21. Expansion of list of who may act as returning officer in elections In Schedule 2 of the Local Government Act 1989, for clauses 1 (2) and (3) substitute "(2) The returning officer is to be (a) the Chief Executive Officer; or.. (b) a member of Council staff appointed in writing by the Chief Executive Officer to be the returning officer; or 2340
Act No. 99/1994 s. 22 (c) if the Council has appointed the State Electoral Office, the Australian Electoral Commission or another Council to conduct the election, a person appointed in writing by that Office, Commission or Council to be the returning officer. (3) The returning officer must appoint in writing at least one deputy returning officer.". 22. Minor house-keeping amendment In Schedule 2 of the Local Government Act 1989, in clause 6 (2), after "complied with" insert "or if sub-clause (4), (5) or (6) applies". 23. Regulations may direct how total remuneration of officers to be calculated In Schedule 12 of the Local Government Act 1989, after item 11A insert '11B. Prescribing how the cost of a benefit, allowance or item of remuneration is to be calculated for the purposes of the definition of "total remuneration" in section 3 (1).'. 24. Validation of name changes under former Act Any Order in Council that was made, or that purports to have been made, under the Local Government Act 1958 to change the name of a municipal council is deemed to have been validly made. 25. Repeal of the Local Government (Miscellaneous) Act 1958 The Local Government (Miscellaneous) Act 1958 is repealed. 2341
s.26 Act No. 9911994 26. Repeal of the Prahran Market Act 1979 The Prahran Market Act 1979 is repealed. 27. Minor overlooked consequential amendment to the Transport Act 1983 In Schedule 4 of the Transport Act 1983, in clause 2, for "204, 206 and 207" substitute "206 and 207A-207E". PART 3 AMENDMENTS TO THE ENVIRONMENT PROTECTION ACT 1970 28. Insertion of Divisions 2A and 2B into Part IX of the Environment Protection Act After Division 2 of Part IX of the Environment Protection Act 1970 insert "Division 2A Regional Waste Management Groups ' 1 50E. Waste management regions (1) On the recommendation of the Minister, the Governor in Council may, by Order, declare any 1 or more municipal districts to be a waste management region.. '. (2) The Minister must not make such a recommendation unless he or she has '.' consulted the councils of the municipal districts that are to be included in the waste management... region. (3) On the recommendation of the Minister, the Governor in Council '- - rhay, by Order, revoke any Order ' ' made under sub-section (1). 2342
Act No. 99/1994 s.28 (4) However, the Minister may only make such a recommendation if (a) he or she has consulted the councils of the municipal districts in the region; and (b) if a regional waste management group has been established for the region, he or she is satisfied that proper arrangements for the winding up of the group have been made. (5) On the recommendation of the Minister, the Governor in Council may, by Order, amend any Order made under sub-section (1) for the purpose of adding or deleting a municipal district to or from a waste management region. (6) However, the Minister may only make such a recommendation if (a) he or she has consulted the council of any municipal district which is to be added to, or deleted from, the region; and (b) he or she is satisfied that proper arrangements have been made in respect of the addition or deletion. (7) An Order takes effect on the day on which notice of it is published in the Government Gazette or on any later date specified in the Order. 50F. Formation of regional waste management groups -from Councils only (1) This section applies if (a) one or more municipal councils in a waste management region 2343
Act No. 99/1994 submit to the Minister a draft constitution for a regional waste management group for that region; and (b) the Minister approves the constitution. (2) On the recommendation of the Minister, the Governor in Council may declare, by Order published in the Government Gazette (a) the creation of a regional waste management group consisting of all the councils in the waste management region that wish to be members of the group; and (b) that the group is to be governed in accordance with this Division and the constitution of the group; and. (c) either that the constitution is to take effect on the date of the publication of the Order or that it is to take effect on a later specified date. (3) The Minister must not approve a constitution or make a recommendation unless he or she has consulted all councils in the waste management region that were not a party to the submission of the constitution. (4) On the date the constitution of the regional waste management group takes effect, the group becomes a body corporate that (a) has perpetual succession; and (b) is capable of acquiring, holding and disposing of property; and 2344
Act No. 9911994 s. 28 (c) may sue and be sued in its corporate name; and (d) is to have a common seal; and (e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (5) All courts and people acting judicially must take judicial notice of the seal of the group. 50G. Formation of regional waste management groups other circumstances (1) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, declare that a body incorporated under the Corporations Law is to be the regional waste management group for a waste management region from the date of the Order or from any later date specified in the Order. (2) The Minister must not make a recommendation unless (a) the incorporated body has a waste management objective in its memorandum of association and has at least one council from the waste management region as a member; and (b) he or she has consulted all Councils in the waste management region that are not members of the body; and (c) he or she is satisfied that the memorandum and articles of 2345
Act No. 9911994 association of the body adequately provide (i) for the matters listed in section 50i (except paragraph (c)); and (ii) for a body to govern the affairs of the group and how that body is to operate. (3) On a body corporate becoming a regional waste management group under this section, it becomes a public body to which Part 7 of the Financial Management Act 1994 applies. 50H. Functions and powers of a regional waste management group (1) The functions of a regional waste management group are (a) to facilitate and foster best practices in waste management and minimisation to assist in the achievement of the objective of reducing by 50% the amount of waste going to landfills by the year 2000 set out in the preamble to the Environment Protection (Resource Recovery) Act 1992; (b) to' provide for the current and future management of waste produced from within the group's waste management region in an effective and efficient manner and so as to have minimal impact on the environment; (c) to prepare and keep up to date a regional waste management plan; (d) to promote the regional waste management plan; 2346
Act No. 9911994 s.28 ' (e) to develop, support and promote waste reduction and recycling programs; (f) to support and encourage the co-ordination of waste collection and to promote conformity of standards for waste management between its members; (g) to encourage municipal councils within the waste management region to (i) adopt schemes for composting domestic waste, mulching garden waste,,recycling rubble and preventing and collecting litter; (ii) collect recyclable items wherever practicable; (hi) set performance targets for municipal waste reduction programs; (h) to co-ordinate the activities of its members and to liaise with the Recycling and Resource Recovery Council;, (i). to develop emergency procedures, codes of practice and performance indicators on municipal waste management, especially in relation to compliance with appropriate State environment protection policies; (/) to mediate disputes between its members; (k) to collect and disseminate information on waste ' ' ' ' management to its members and 2347
s.28 Local Government (Amendment) Act 1994 Act No. 9911994 to consider matters referred to it by any of its members; (/) to provide a forum for discussion and enquiry into waste management; (m) to promote research into waste management, including to develop and maintain a data bank for emerging technology, and initiate research and experimentation in consultation with other relevant bodies in areas of municipal waste sorting, transport and disposal; («) to advise its members on the introduction of new or specialised technologies for waste management and to promote the introduction of such technology where benefits to the community can be demonstrated; (o) to develop and implement a program for the education and training of staff involved in waste management operations; (p) to develop community education programs on issues relevant to waste management in consultation with the Recycling and Resource Recovery Council; (q) to conduct research into landfill disposal costs and charges. (2) A regional waste management group may do any thing that is necessary or convenient to enable it to perform its functions. 2348
Act No. 9911994 50i. Constitution of a regional waste management group 950164 26 2349 The Minister must not approve the constitution of a regional waste management group unless he or she is satisfied that it makes adequate provision for (a) the name of the group; (b) the objectives of the group; (c) a body to govern the affairs of the group made up of councillors from the member councils of the group (or representatives of those councillors) and how that body is to operate; (d) the way in which the costs of the group are to be apportioned between the members of the group; (e) the preparation and review of regional waste management plans in accordance with relevant State environment protection policies and industrial waste management policies; (/) binding members to comply with regional waste management plans; (g) the preparation of agreements between the members of the group in relation to the disposal of wastes; (h) how waste management charges are to be fixed; (i) allowances for, and the reimbursement of expenses incurred by, members of the governing body;
s.28 Local Government (Amendment) Act 1994 Act No. 99/1994 (/) how the common seal of the governing body is to be used; (k) a mechanism to deal with any disputes that may arise between the group and its members or between members; (/) a mechanism to determine (i) the amount of equity a member of the group has in the group; (ii) a member of the group's liability to the group; (m) a mechanism to enable a member to leave the group and to be compensated for the equity it has in the group or to pay out its liability to the group (as the case may be); («) how the group is to be wound up (including provision for the winding up of the group at the direction of the Minister); (o) the mechanism by which new members may join the group; (p) how the constitution is to be amended; (q) any other matter the Minister considers appropriate. 50j. Membership of a regional waste management group (1) Any council whose municipal district is in the waste management region of a regional waste management group and that agrees to be bound by the group's constitution is entitled as of right to become a member of the group at any time. 2350
Act No. 9911994 s.28 (2) Any council whose municipal district is not in the waste management region of a regional waste management group and that agrees to be bound by the group's constitution may become a member of the group at any time with the consent of the group. (3) The constitution of a group may provide for member councils whose municipal districts are in the group's waste management region to have different rights and obligations to those of member councils whose municipal districts are not in the group's waste management region. 50K. Pecuniary interest of members of the governing body (1) The provisions of sections 78, 79 and 80 of the Local Government Act 1989 apply to members of the governing body of a regional waste management group and to the meetings of the governing body with any modifications that are necessary to make the application effective. (2) For the purposes of this section, a reference to the Minister in those sections is to be construed as a reference to the Minister administering this Division. 50L. Group budget and contributions from, members (1) On or before 31 May each year a regional waste management group must submit its proposed budget for the next financial year starting 1 July to each of its members. 2351
s.28 Local Government (Amendment) Act 1994 Act No. 99/1994 (2) The budget must show how the group proposes to finance its expenditure, the source of its funds and the amount of money it will require from each of its members. (3) A member council may object to the nature or amount of any item in the proposed budget by lodging with the group a notice of objection setting out the reason for the objection within 30 days of receiving a copy of the proposed budget. (4) Unless a council lodges such an objection, it must pay to the group on or before 31 July (or such other date agreed by it and the group) the amount set out in the budget as the amount the group will require from the council. (5) The group must only use money it receives under sub-section (4) for the purposes and in the way set out in its budget. 50M. Liability for group debts, (1) The members of a regional waste management group are jointly and severally liable for the debts of the group. (2) However, this liability only arises after all the assets of the group have been applied towards the debts. (3) A member of the governing body of the group is not liable for the debts of the group if he or she has acted in good faith in relation to the incurring < of the debt by the group. 2352
Act No. 9911994 s.28 50N. Restriction on borrowing by group A regional waste management group must not borrow money (or obtain any financial accommodation that has the same effect as borrowing money) unless in any particular case (a) it has the approval of the Treasurer; and (b) the amount borrowed (or obtained by way of financial accommodation) is secured over its assets and income. 50o. Compulsory acquisition of land (1) A regional waste management group may compulsorily acquire land in its region, other than land owned by a municipal council or by a public or statutory authority. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose (a) the Environment Protection Act 1970 is the special Act; and (b) the regional waste management group is the Authority. 50P. Restriction on acquisition of land (1) In addition to any other requirements that apply to the acquisition of land by a regional waste management group (a) if the group intends compulsorily acquiring land, it must give written notice of the proposed acquisition to the council of the municipal district in which the land is situated at least 40 days 2353
s.28 Local Government (Amendment) Act 1994 Act No. 9911994 before serving any notice in relation to the acquisition on the owner of the land; (b) if the group intends acquiring land by agreement, it must give written notice of the proposed acquisition to the council of the municipal district in which the land is situated at least 40 days before entering into any binding contract to acquire the land. (2) A council may object to the acquisition of the lend on any of the following grounds (a) that the land ought not to be used for the purposes for which the group proposes to acquire it; (b) that the council proposes to acquire the land for its own work or undertaking; (c) that the council wishes to acquire the land for the group to use. (3) If the council wishes to object, it must do so by lodging a notice of objection setting out the grounds of its objection with the group within 40 days of receiving the notice of the proposed acquisition. (4) A notice of objection based on sub-section (2) (b) or (c) lapses if the council does not take steps to acquire the land within 3 months of lodging the notice of objection. (5) If the council lodges an objection based on sub-section (2) (c) and then acquires the land, it must allow the group to use the land for the work or 2354
Act No. 9911994 s.28 undertaking for which the group proposed to acquire the land. 50Q. Restriction on disposal of land (1) A regional waste management group must not sell any land unless it has first offered the land to the council of the municipal district in which the land is situated. (2) If the council is interested in buying the land, the group must arrange for the Valuer-General to determine the market value of the land, and must then offer to sell the land to the council at that price, or at any lower price it thinks appropriate. (3) If the council fails to sign a binding contract to buy the land within 60 days after the group makes an offer under sub-section (2), the group may dispose of the land in any manner it thinks appropriate. 50QA. HOW disputes are to be resolved (1) This section applies if (a) a municipal council that is a member of a regional waste management group passes a resolution that another member council of the group or the governing body of the group is in breach of this Act, the group's constitution or a regional waste management plan; or (b) the governing body of a regional waste management group passes a resolution that a member council of the group is in breach 2355
s.28 Local Government (Amendment) Act 1994 Act No. 9911994 of this Act, the group's constitution or a regional waste management plan; or (c) a dispute arises between 2 or more regional waste management groups; or (d) a municipal council objects to a proposal by a regional waste management group to acquire land in its municipal district for a particular purpose and does not withdraw the objection; or (e) a municipal council lodges a notice of objection under section 50L (3) with a regional waste management group and does not withdraw the notice; or if) a municipal council that is a member of a regional waste management group or the governing body of the group passes a resolution that a municipal council is in breach of the group's regional waste management plan; or (g) a municipal council that must comply with a regional waste management plan passes a resolution that the regional waste management group that prepared the plan or another municipal council is in breach of the plan; or (h) the Minister is of the opinion that a dispute involving a regional waste management group or a regional waste management plan exists and informs the parties to the dispute in writing of that opinion. 2356
Act No. 9911994 s. 28 (2) Any matter to which this section applies must be referred to the Minister. (3) However, if the constitution of the relevant regional waste management group provides a dispute resolution mechanism in relation to a matter to which this section applies, the matter must not be referred to the Minister unless that mechanism has failed to resolve the matter. (4) The Minister must arbitrate the matter or appoint a person or a panel of people to arbitrate the matter. (5) Before arbitrating a matter himself or herself, the Minister may refer the matter to an assessor or advisory panel. (6) The assessor or advisory panel (a) may conduct any hearing or investigation he, she or it considers appropriate; and (b) must provide the Minister with recommendations concerning the resolution of the matter. (7) The costs of any arbitrator, panel of arbitrators, assessor or advisory panel appointed by the Minister are to be paid by the parties to the dispute in the proportions determined by the Minister.. (8) All decisions made under this section by the Minister, or an arbitrator or panel of arbitrators appointed by the Minister, are final and may not be appealed to, or be challenged in, any court or tribunal on any ground 2357
s.28 Act No. 9911994 relating to the merits of any particular decision. 50QB. Supreme Court limitation of jurisdiction It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining any appeal or challenge from the decision of the Minister, or an arbitrator or panel of arbitrators appointed by the Minister, made under section 50QA that is based on the merits of the decision. 50QC. Authority and Minister may require report from group (1) The Minister or the Authority may at any time require a regional waste management group to provide him, her or it with a report on any aspect of its operations. (2) The group must comply with any such requirement by the date specified in the requirement. 50QD. Winding up of a regional waste management group The Minister may, by Order published in the Government Gazette, declare that a regional waste management group is dissolved if he or she is satisfied that the group has been wound up in accordance with its constitution. 2358
Act No. 9911994 s. 28 Division 2B Regional Waste Management Plans 50R. Preparation and contents of plans (1) A regional waste management group must prepare and submit to the Authority a draft regional waste management plan within 6 months of its constitution taking effect or, if it is a group to which section 50G applies, of it becoming a regional waste management group. (2) The draft plan must set out the objectives and priorities of the group for the management of waste generated or disposed of within the group's waste management region, and must provide a clear direction for future waste management in the region. (3) The draft plan must include (a) an economic assessment of the possible waste management options; (b) a waste management strategy covering (i) waste minimisation and resource recovery; (ii) waste disposal; (iii) waste collection and transport; (iv) the provision of future landfill capacity; (c) a waste minimisation and resource recovery program; (d) measures for Utter control; (e) a schedule listing all existing and prospective landfill sites within 2359
s.28 Local Government (Amendment) Act 1994 Act No. 9911994 the group's waste management region; (/) an evaluation of how suitable the prospective landfill sites listed in that schedule are for the depositing of waste; (g) a schedule showing a proposed sequence for the filling of available landfill sites for at least the next 10 years; (h) a program for replacing existing landfill sites; (0 a list of all the equipment and facilities which are, or will be, necessary for the maintenance of the operating standards required by any relevant State environment protection policy; (/) a program for upgrading existing landfill sites to meet the requirements of any relevant State environment protection policy. (4) A plan must not conflict with any relevant State environment protection policy or industrial waste management policy. (5) If the Authority is not satisfied with the draft plan submitted by a group, the group must submit a revised draft plan to the Authority containing the changes specified by the Authority within 6 months of the Authority giving it written notice of the changes. (6) If a waste management region is entirely within a single municipal district, the council of that district must comply with this section within 6 months of the declaration of the 2360
Act No. 9911994 s.28 region as if it were the regional waste management group for the region. (7) For the purposes of the enforcement of a plan prepared under sub-section (6) and approved by the Authority, the council is deemed to be the regional waste management group for the region until a regional waste management group for the region comes into existence. 50RA. Who must comply with plans (1) A council whose municipal district is in the waste management region of a regional waste management group must comply with the group's regional waste management plan. (2) A regional waste management group that disposes of waste within the waste management region of another regional waste management group must comply with the regional waste management plan of the other group in relation to that disposal of waste. (3) A municipal council that disposes of waste within the waste management region of a regional waste management group must comply with the regional waste management plan of that group in relation to that disposal of waste. 50RB. Life of regional waste management plan (1) A regional waste management plan takes effect when the Authority gives the regional waste management group that prepared the plan written notice of its approval of the plan. 2361