Other notes
Other notes Other notes
1M Under the Local Government Act 1995 s. 10.3, modifications to s. 5.27, 5.28, 5.94, 6.2, 6.13, 6.33, 6.34, 6.35, 6.36, 6.45, 6.51 and 9.51 are prescribed in the Local Government (COVID‑19 Response) Order 2020 (see SL 2020/57 published in Gazette 8 May 2020).
1 Footnote no longer applicable.
2 The provisions in this Act amending the Local Government Act 1960 have been omitted under the Reprints Act 1984 s. 7(4)(e).
3 Repealed by the Mining Act 1978.
4 The short title of the Local Government Act 1960 was amended to the Local Government (Miscellaneous Provisions) Act 1960 by Sch. 9.2 cl. 2 of this Act. That provision has now been omitted.
5 Under the Land Administration Act 1997 s. 281(3) a reference in a written law to the Land Act 1933 is, unless the contrary intention appears, to be read and construed as if that reference were a reference to the Land Administration Act 1997.
6 Footnote no longer applicable.
7 Footnote no longer applicable.
8 The provisions of the Local Government Act 1960 Pt. VIA as continued by Sch. 9.3 cl. 16 of this Act and amended by the Local Government (Amendment of Part VIA – Employee Superannuation) Regulations 2006 r. 4 and 5 (published: Gazette 26 May 2006 p. 1877‑8) read as follows:
Part VIA — Employee Superannuation
170A. Interpretation
In this Part —
City of Perth scheme means the superannuation scheme established under section 170C;
dependant has the same definition as in section 10 of the SIS Act;
employee and employer have the same definitions as in section 10 of the SIS Act;
industry scheme means the WA Local Government Superannuation Plan (formerly called the W.A. Local Government Occupational Superannuation Fund) established by a trust deed dated 21 March 1990 and continued under a trust deed dated 4 November 2004;
municipality includes a regional council;
SIS Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth) as amended from time to time.
A reference in this Part to the City of Perth scheme is a reference to the scheme as it is amended from time to time.
A reference in this Part to the industry scheme is a reference to the scheme as it is amended from time to time.
[Section 170A amended: Gazette 26 May 2006 p. 1877.]
170B. Municipalities to use industry scheme
To provide superannuation and other benefits for its employees and their dependants, a municipality shall participate in and comply with the industry scheme.
A municipality shall exercise such powers and discharge such obligations as are necessary to give effect to the industry scheme.
Subsections (1) and (2) do not apply in respect of an employee if under section 170D, or the City of Perth Act 2016 section 23, a municipality has to participate in and comply with the City of Perth scheme in respect of that employee.
Subsections (1) and (2) apply to the City of Perth only in respect of those of its employees who are not members of the City of Perth scheme.
If, in respect of an employee for any period —
there is a chosen fund for the employee throughout the period; and
the chosen fund is not the industry scheme; and
the municipality makes the minimum SG contributions for the employee for that period to the chosen fund,
the amount that the municipality would, but for this subsection, be required under subsection (1) and the industry scheme trust deed to contribute to the industry scheme for that employee for that period is reduced by the amount of those minimum SG contributions made to the chosen fund.
In subsection (5) —
the following terms have the same meanings as they have in the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —
chosen fund for the employer;
individual superannuation guarantee shortfall;
and
a reference to a municipality making the minimum SG contributions for an employee for a period is a reference to the municipality making the contributions necessary for it to avoid incurring an individual superannuation guarantee shortfall in respect of the employee in respect of that period.
[Section 170B amended: Gazette 26 May 2006 p. 1878; No. 2 of 2016 s. 31.]
170C. City of Perth scheme
The City of Perth shall establish a scheme that accords with the SIS Act to provide superannuation and other benefits for its employees and their dependants and for those of its former employees (and their dependants) whose employers, by virtue of section 170D or the City of Perth Act 2016 section 23, are required to participate in and comply with the scheme.
The City of Perth shall participate in and comply with the City of Perth scheme.
The City of Perth shall exercise such powers and discharge such obligations as are necessary to give effect to the City of Perth scheme.
A person who becomes an employee of the City of Perth shall be a member of and subject to the City of Perth scheme unless he or she elects to be a member of the industry scheme.
[Section 170C amended: No. 2 of 2016 s. 32.]
170D. City of Perth scheme members who become employed by a regional council
If a person —
is a member of the City of Perth scheme; and
becomes an employee of a regional council of which the City of Perth is a constituent municipality,
then, despite section 170B, the regional council shall, in respect of that person, participate in and comply with the City of Perth scheme in the same way and to the same extent as the City of Perth would be required to if the person were its employee; unless the person elects to become a member of the industry scheme.
A person referred to in subsection (1) does not cease to be a member of the City of Perth scheme by reason only of ceasing to be an employee of the City of Perth.
170E. Other superannuation schemes
Nothing in this Part prevents a municipality from participating, in respect of an employee of the municipality, in a superannuation scheme in addition to either the industry scheme or the City of Perth scheme (as the case may be) if the municipality and the employee agree to participate in that other scheme.
9 The Local Government Act 1995 is affected by the Dampier to Bunbury Pipeline Act 1997 Sch. 4 cl. 36, which reads as follows:
36. Payment in place of local government rates
The DBNGP Land Access Minister is not liable to pay rates in respect of land in the DBNGP corridor.
A holder of rights conferred under section 34 of this Act or the holder’s nominee approved under section 34(3) of this Act is not, as the holder of those rights or the holder’s nominee, liable to pay rates.
The DBNGP Land Access Minister is to pay to each local government in the district of which there is any utilized corridor land an amount equivalent to the rates that would have been assessable in the hands of an owner holding the fee simple in the land whose rates were assessable on the basis of unimproved value.
An amount payable under subclause (3) is to be treated for the purposes of Part 4 of this Act as a part of the cost of administering that Part.
In this clause —
DBNGP corridor and DBNGP Land Access Minister have the meanings given by section 27 of this Act;
rates means rates under the Local Government Act 1995;
utilized corridor land means land in the DBNGP corridor in respect of which rights under section 34 of this Act are held, regardless of whether rights are held by one holder or several holders.
10 The Local Government Act 1995 is affected by the Gas Corporation (Business Disposal) Act 1999 s. 67, which reads as follows:
67. Presence of pipeline does not constitute occupation of land
Despite anything to the contrary in the Local Government Act 1995, land is not to be regarded as being occupied for the purposes of that Act merely because —
there is on or under that land any pipe or system of pipes for or incidental to the transport of gas in respect of which a distribution licence has been issued under Part 2A of the Energy Coordination Act 1994; or
a person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 in respect of a distribution system that is on or under that land.
11 The Local Government (Consequential Amendments) Act 1996 s. 7 and 8 read as follows:
7. Transitional matters relating to by‑laws
If, when this Act comes into operation —
a local government has resolved to make a by‑law under the Bush Fires Act 1954, the City of Perth Parking Facilities Act 1956 or the Health Act 1911; but
the by‑law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by‑law may be completed as if this Act and the Local Government Act 1995 had not come into operation.
If, when this Act comes into operation —
a local government has —
resolved to make a by‑law under the Cemeteries Act 1986, the Control of Vehicles (Off‑road Areas) Act 1978 or the Dog Act 1976; and
caused a notice of intention to submit the by‑law for confirmation or approval by the Governor to be published;
but
the by‑law has not been published in the Gazette,
the process of making, confirming or approving, and publishing the by‑law may be completed as if this Act and the Local Government Act 1995 had not come into operation.
A by‑law that is made, confirmed or approved, or published in accordance with subsection (1) or (2) becomes a local law as soon as it is published in the Gazette.
If, when this Act comes into operation —
a local government has resolved to make a by‑law under the Cemeteries Act 1986, the Control of Vehicles (Off‑road Areas) Act 1978 or the Dog Act 1976; but
a notice of intention to submit the by‑law for confirmation or approval by the Governor has not been published,
the resolution ceases to have effect as a resolution to make a by‑law and instead has effect as if it were a resolution under that Act as amended by this Act proposing to make a local law to the same effect.
This section ceases to operate on the day 6 months after this Act comes into operation.
8. Transitional regulations
If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter.
Regulations made under subsection (1) may have effect before the day on which they are published in the Gazette.
To the extent that a regulation made under subsection (1) may have effect before the day of its publication in the Gazette, it does not —
affect in a manner prejudicial to any person (other than the State or a local government), the rights of that person existing before the day of its publication; or
impose liabilities on any person (other than the State or a local government) in respect of anything done or omitted to be done before the day of its publication.
In subsection (1) —
transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.
12 The Local Government Amendment Act 1998 s. 5(2)‑(4) and 14(2) are transitional provisions that are of no further effect.
13 The amendment purported to be made by the Local Government Amendment Act 1998 s. 28 is not included because prior to its commencement cl. 4(2) of Sch. 9.2 had been previously amended by the Statutes (Repeals and Minor Amendments) Act 1997 s. 81(1).
14 The Local Government Amendment Act (No. 2) 1998 s. 14(3) reads as follows:
The amendments made by this section have no effect in relation to a notice given under section 3.49 before the commencement of this section or anything done in consequence of such a notice.
15 The Local Government Amendment Act (No. 2) 1998 s. 56 is a transitional provision that is of no further effect.
16 The Perth Parking Management (Consequential Provisions) Act 1999 s. 5(2) is a transitional provision that is of no further effect.
17 The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2‑4 read as follows:
2. Commencement
If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.
If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.
3. Interpretation
In this Part —
Financial Services Reform Act means the Financial Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by‑law.
4. Validation
This section applies if this Act comes into operation under section 2(2).
Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.
Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.
Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —
that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and
that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.
18 The Local Government Amendment Act 2004 s. 30(2) reads as follows:
Despite subsection (1), if the day for an election, referendum or other poll was fixed under the Local Government Act 1995 before the commencement of this section, sections 4.1A and 4.1B of that Act as inserted by subsection (1) do not apply in respect of that election, referendum or other poll.
19 The Local Government Amendment Act 2004 s. 67(6) reads as follows:
Schedule 2.1 of the Local Government Act 1995 as in force immediately before the commencement of this section applies to and in respect of any proposal made under clause 2 of that Schedule before that commencement.
20 The Local Government Amendment Act 2004 s. 14, which gives effect to Sch. 2, reads as follows:
14. Transitional and validation provisions — Schedule 2
Schedule 2 has effect.
Schedule 2 reads as follows:
Schedule 2 — Transitional and validation provisions — WALGA
[s. 14]
1. Interpretation
In this Schedule —
anything done means anything done, or omitted, or purported to be done or omitted;
commencement means the commencement of section 10;
body previously constituted under section 9.58 means a body constituted under section 9.58 of the Local Government Act 1995 before the commencement;
WALGA means the Western Australian Local Government Association constituted under section 9.58 of the Local Government Act 1995 after the commencement.
2. WALGA successor in law to bodies previously constituted under section 9.58
On the commencement, WALGA becomes the successor in law of each body previously constituted under section 9.58.
In particular —
each body previously constituted under section 9.58 is dissolved;
the property of each body previously constituted under section 9.58 becomes the property of WALGA;
all assets, liabilities, rights and duties of the body previously constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA;
any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under section 9.58, may be brought or continued and are available, by or against or to WALGA;
WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of each body previously constituted under section 9.58.
3. Agreements and instruments
Any agreement or instrument subsisting immediately before the commencement —
to which a body previously constituted under section 9.58 was a party; or
which contains a reference to a body previously constituted under section 9.58,
has effect after the commencement as if —
WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; and
any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA.
4. Validation
Anything done before the commencement under the name of WALGA, or the Western Australian Local Government Association, by, to, or in respect of, a body previously constituted under section 9.58 is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been had the thing been done after the commencement by, to, or in respect of WALGA.
5. Interpretation Act 1984 not affected
Nothing in this Schedule is to be construed so as to limit the operation of the Interpretation Act 1984.
21 The Local Government Amendment Act 2004 s. 73(3) reads as follows:
73. Schedule 9.3 amended and validation
The amendment effected by subsection (2) is to be taken to have come into operation on the day on which the Local Government Act 1995 came into operation and any laws referred to in —
subclause (4a)(a) of that amendment are to be taken to have applied from that day; and
subclause (4a)(b) of that amendment are to be taken to have applied from the day on which the local law commenced.
22 The Local Government Amendment Act 2004 s. 16(1)-(3) and (5) had not come into operation when they were deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 88.
23 The Local Government Amendment Act 2004 s. 19(2), 20 and 38(3) had not come into operation when they were deleted by the Local Government Amendment Act 2009 s. 48.
24 The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 28 was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).
25 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
26 The State Administrative Tribunal Regulations 2004 r. 56 reads as follows:
56. Local Government Act 1995
In this regulation —
commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 76 comes into operation;
the LG Act means the Local Government Act 1995.
If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.77 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.77.
If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.78 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.78.
27 References to the Executive Director were replaced by references to the Departmental CEO, see the Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 12 Div. 3. Section 454 of that Act is a general transitional provision that applies to references to the Executive Director in written laws.
28 The superseded provisions as defined in the Local Government Amendment (Auditing) Act 2017 s. 22(1) were deleted on 1 Jan 2026 (see s. 22(2) and SL 2025/210 cl. 2).
29 The Local Government Legislation Amendment Act 2019 s. 39(2) had not come into operation when it was deleted 7 Dec 2024 by the Local Government Amendment Act 2024 s. 174.
30 The Local Government Amendment Act 2023 s. 81 and 85 had not come into operation when they were deleted on 1 Jan 2026 by the Local Government Amendment Act 2023 (see s. 2 as amended by the Local Government Amendment Act 2024 s. 172).
31 The Local Government Amendment Act 2024 s. 88 had not come into operation when it was deleted on 1 Jan 2026 by the Local Government Amendment Act 2024 (see s. 2(3) and SL 2025/210 cl. 2).
32 The Local Government Amendment (Rating of Certain Mining Licences) Act 2026 s. 10 was deleted on 25 Jun 2026 because the provisions it purported to amend were amended by the Petroleum Legislation Amendment Act 2024 s. 433 (see s. 2(1)(a) and (2)).
This provision refers to the regulations (may make regulations
, a regulation
). Made under this Act:
- Local Government (Administration) Regulations 1996
- Local Government (Audit) Regulations 1996
- Local Government (Constitution) Regulations 1998
11 more instruments made under this Act are listed on the Act’s overview.
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