Local Government Act 1993

The State is divided into municipal areas.

A municipal area is an area specified in Column 1 of Schedule 3.

A municipal area includes – any accretion from the sea adjoining it; and any part of the sea-shore to the low-water mark adjoining it; and any bridge, jetty, wharf, boat-house, or other structure, that – adjoins the municipal area; or is situated partly within a municipal area and partly on or over an area of the seabed that is adjacent to the municipal area – and any area of land, adjoining the bridge, jetty, wharf, boat-house, or other structure, over which has been granted a right to occupation of the seabed, which right is necessary to enable the use of the bridge, jetty, wharf, boat-house, or other structure.

The Minister, on receiving a report on a review made under section 214D that recommends an adjustment of the boundary of a municipal area or the boundary of an electoral district within a municipal area, regardless of whether the adjustment is minor or significant in nature, may recommend to the Governor that an order be made so adjusting that boundary.

The Minister – on receiving – from the Board, made otherwise than in a report on a review made under section 214D; or from the Director – a recommendation that an adjustment, that is minor in nature, be made to the boundary of a municipal area, or the boundary of an electoral district within a municipal area; and if satisfied that all owners of land who would be affected by the adjustment have been consulted by the relevant councils and have consented, in writing, to the adjustment – may recommend to the Governor that an order be made so adjusting that boundary.

The Governor, by order and on the recommendation of the Minister under subsection (4) or (4A), may do one or both of the following:adjust a boundary of a municipal area; if the municipal area is divided into electoral districts, adjust any boundary of any electoral district as may be necessary.

The Governor, by order, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule so as to give effect to an order made under subsection (5).

A council affected by an adjustment under subsection (5) is to pay the costs associated with that adjustment.

Each municipal area is defined by reference to the relevant plan or plans specified in Column 1 of Schedule 3.

The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to municipal areas to give effect to that order.