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This regulation may be cited as the Local Government Regulation 2012.
The dictionary in schedule 8 defines particular words used in this regulation.
For section 8(4) of the Act, this part—
describes the boundaries of local government areas; and
describes the boundaries of any divisions; and
fixes the number of councillors for local governments and any divisions of local government areas; and
names local government areas; and
classifies local government areas as a city, town, shire or region.
The name of each local government area is mentioned in schedule 1, column 1.
A local government may be called either—
‘Council of the …(insert City/Town/Shire/Region) of …(insert name of local government area)’; or
‘… (insert name of local government area) …(insert City/Town/Shire/Regional) Council’.
Also, a local government mentioned in schedule 2 may be called ‘…(insert name of local government area) …Aboriginal Shire Council’.
The classification of each local government area is mentioned in schedule 1, column 2.
The classifications of local government areas are—
• city
• town
• shire
• region.
The boundaries of each local government area, and any divisions of the area, are shown on its area map mentioned in schedule 1, column 3.
To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of a local government area is part of the local government area.
A watercourse includes a canal, lake or river.
Each area map is identified by a map number marked on the map.
The department’s chief executive must ensure—
the department’s website states a place or places where a copy of the area maps may be inspected by the public; and
a copy of the area maps may be inspected by the public at the place or places; and
each local government has a copy of its area map.
Each local government must ensure the public may inspect a copy of its area map at the local government’s public office.
The total number of councillors for each local government area is mentioned in schedule 1, column 5.
The number of councillors for each division of a local government area is mentioned in schedule 1, column 4.
This division prescribes, for section 19(2)(c) of the Act, the other matters to be considered by the change commission if a proposed local government change relates to a change of the boundaries of a local government area.
The external boundaries of a local government area should be drawn in a way that has regard to communities of interest, including that the local government area should generally—
reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and
have a centre, or centres, of administration and service easily accessible to its population; and
ensure effective elected representation for residents and ratepayers; and
have external boundaries that—
do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and
subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and
do not dissect properties.
The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.
Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of a local government area.
A joint arrangement includes the following—
a joint local government;
a joint standing committee;
joint action by agreement;
the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service;
an agreement on, or extension of, an activity, facility or service outside a local government area;
a contribution for the operation of an activity, facility or service outside a local government area;
resource sharing by local governments;
any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act.
The external boundaries of a local government area should be drawn in a way that—
helps in—
the planning and development for the benefit of the local government area; and
the efficient and effective operation of its facilities, services and activities; and
has regard to existing and expected population growth.
A local government should have a sufficient resource base—
to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and
to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.