Local Government (Functions and General) Regulations 1996

requiring the payment of fees or charges for the parking of vehicles on any land under the care, control or management of a local government in any part of the district of Cottesloe west of Broome Street; or

enabling such a requirement to be imposed.

the purpose and effect of the proposed local law is included in the agenda for that meeting; and

the minutes of the meeting of the council include the purpose and effect of the proposed local law.

In this regulation, references to paragraphs are to paragraphs of the definition of significant act in section 3.73(1) of the Act (unless otherwise indicated).

For the purposes of paragraph (f), entering into a contract is a significant act if either or both of the following apply —

under the contract, the local government is to, or is expected to, provide or receive consideration that is, or is expected to be —

more than $250 000 (in total); or

worth more than $250 000 (in total);

under the contract, the local government is to, or is expected to, acquire or dispose of property the market value of which is, or is expected to be, more than $250 000 (in total).

If a local government intends to enter into 2 or more contracts in circumstances such that the desire to avoid the requirements of subregulation (2) is a significant reason for not dealing with the matter in a single contract, for the purposes of paragraph (f), entering into any of the contracts is a significant act.

In subregulations (2) and (3) —

For the purposes of paragraph (g), inviting a tender is a significant act if the tender —

is required to be publicly invited under regulation 11(1) or 12(2); or

would be required to be publicly invited under regulation 11(1) or 12(2) but for regulation 11(2).

For the purposes of paragraph (i), each of the following is a significant act —

each of the following under Part 3 Division 4 of the Act —

establishing a regional local government;

amending the establishment agreement for a regional local government;

winding up a regional local government, otherwise than at the direction of the Minister;

withdrawing from a regional local government;

forming a regional subsidiary;

amending the charter for a regional subsidiary;

winding up, or withdrawing from, a regional subsidiary;

commencing the preparation of any of the following under the Planning and Development (Local Planning Schemes) Regulations 2015 Part 3 —

a local planning strategy;

an amendment to a local planning strategy;

a notice of revocation in respect of a local planning strategy;

passing a resolution of the kind referred to in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 19(1);

passing a resolution of the kind referred to in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 35(1) in relation to a complex amendment (as defined in regulation 34 of those regulations);

commencing a review of a local planning scheme under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 65;

commencing the preparation of an instrument of repeal in respect of a local planning scheme under the Planning and Development Act 2005 section 74(b);

doing either of the following under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 Part 2 Division 2 as that Division has effect as part of a local planning scheme of the local government —

resolving to prepare or amend a local planning policy;

commencing the preparation of a notice of revocation in respect of a local planning policy;

publicly inviting persons to apply to join a panel of pre‑qualified suppliers under Part 4 Division 3;

deciding to do anything referred to in paragraphs (a) to (h) of this subregulation.

Subregulation (6)(b) to (g) do not apply to anything done, and subregulation (6)(i) does not apply to a decision to do anything, for the purpose of complying with an order or notice given under the Planning and Development Act 2005 section 76, 77A, 211 or 212.

give local public notice of the local government’s intention to do the significant act, including —

details of the significant act and the date on which the local government intends to do the significant act; and

details of the decision to do the significant act referred to in section 3.73(4)(a) of the Act and the date on which the decision was made;

provide a copy of the notice given under paragraph (a) to the Departmental CEO.

The persons prescribed for the purposes of section 3.50 of the Act are —

any person providing a service by means of pipes, cables, or anything else under, on, or above the land used for the thoroughfare whose access for purposes connected with the provision of that service would be impeded by the proposed closure; and

the person having principal responsibility in the locality for ambulance services; and

the person having principal responsibility in the locality for fire services; and

the occupier of land that will lose its access.

The land that is prescribed for the purposes of section 3.50 of the Act is land that will lose its access.

In this regulation —

if the land to which that section applies is occupied, the occupier; and

in relation to fixing or altering the level of, or the alignment of, a public thoroughfare, any person providing a service by means of pipes, cables, or anything else under, on, or above the land used for the thoroughfare.

If, when the Act comes into operation, a thoroughfare —

has been obstructed by a local government under the former section 331B; or

has been temporarily closed under the former section 334 on the application of a local government,

Subregulation (1) does not apply so as to continue the obstruction or closure beyond the time when it would have continued if the Act had not come into operation, nor so as to continue it beyond 30 June 2002.

The local government may, by local public notice, order that the closure be revoked or that it be varied in such a way as to be less restrictive.

In this regulation —

In this Part —

is not in the metropolitan area; and

has more than 20 000 inhabitants.

Section 2.4(6) of the Act applies to determine the number of inhabitants of a district for the purposes of the definition of major regional centre.

The amount prescribed for the purposes of the definition of major land transaction in section 3.59(1) of the Act is —

if the land transaction is entered into by a local government the district of which is in the metropolitan area or a major regional centre, the amount that is the lesser of —

$10 000 000; or

10% of the operating expenditure incurred by the local government from its municipal fund in the last completed financial year;

if the land transaction is entered into by any other local government, the amount that is the lesser of —

$2 000 000; or

10% of the operating expenditure incurred by the local government from its municipal fund in the last completed financial year.

A land transaction is an exempt land transaction for the purposes of section 3.59 of the Act if —

the total value of —

the consideration under the transaction; and

anything done by the local government for achieving the purpose of the transaction,

the Minister has, in writing, declared the transaction to be an exempt transaction because the Minister is satisfied that the amount by which the total value exceeds the amount prescribed under subregulation (1) is not significant taking into account —

the total value of the transaction; or

variations throughout the State in the value of land.