local government (general) regulations 2004file/04-130sr011.docx · web viewin addition to the...

Version No. 011

Local Government (General) Regulations 2004

S.R. No. 130/2004

Version incorporating amendments as at16 September 2014

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 2

PART 1A—Revoked 2

5A Revoked 2

PART 2—REGISTER OF INTERESTS 3

6 Register of interests—primary return 37 Register of interests—ordinary return 38 Inspection of register of interests 3

PART 3—RATES AND CHARGES 4

9 Notice of rates and charges 4

PART 4—SPECIFIC FUNCTIONS, POWERS AND RESTRICTIONS 5

10 Power to enter certain contracts not restricted 5

PART 5—INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC 6

11 Documents to be made available for public inspection 6

1

PART 5A—CONFLICTS OF INTEREST 9

11A Indirect interest because of conflicting duties 9

PART 6—LAND INFORMATION CERTIFICATE 10

12 Fee 1013 Prescribed information 10

PART 7—NOTICE IN RELATION TO DISPOSITION OF LAND 13

14 Notice of disposition 13

PART 8—NOTICE IN RELATION TO ACQUISITION OF LAND 15

15 Notice of acquisition 15

PART 9—Revoked 18

16 Revoked 18

PART 10—CONSEQUENTIAL AMENDMENT 19

17 Consequential amendment 19__________________

SCHEDULE—Forms 20

Form 1—Register of Interests 20

Form 2—Register of Interests 21

Form 3—Application to Inspect Register of Interests 23

═══════════════

ENDNOTES 24

1. General Information 24

2. Table of Amendments 25

3. Explanatory Details 26

2

Version No. 011

Local Government (General) Regulations 2004

S.R. No. 130/2004

Version incorporating amendments as at16 September 2014

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Local Government Act 1989—

(a) various forms;

(b) fees;

(c) other matters required to be prescribed under the Act.

2 Authorising provision

These Regulations are made under section 243 of the Local Government Act 1989.

3 Commencement

(1) These Regulations, except regulation 15, come into operation on 29 October 2004.

(2) Regulation 15 comes into operation on 31 December 2004.

4 Revocation

The Local Government Regulations 20011 are revoked.

1

5 Definitions

In these Regulations—

Act means Local Government Act 1989;

Form means a form as set out in the Schedule.

__________________

* * * * *

2

r. 5

Pt 1A (Heading and reg. 5A) inserted by S.R. No. 104/2009 reg. 3, revoked by S.R. No. 99/2010 reg. 5.

PART 2—REGISTER OF INTERESTS

6 Register of interests—primary return

A primary return under sections 81(2) and 81(4) of the Act must be in accordance with Form 1.

7 Register of interests—ordinary return

An ordinary return under section 81(5) of the Act must be in accordance with Form 2.

8 Inspection of register of interests

An application by a person seeking to inspect the register of interests under section 81(10) of the Act must be in accordance with Form 3.

__________________

r. 6Part 3—Rates and Charges

Local Government (General) Regulations 2004S.R. No. 130/2004

3

PART 3—RATES AND CHARGES

9 Notice of rates and charges

In addition to the information required by sections 158(4) and 163(5) of the Act, a notice to be sent to a person liable to pay any rates or charges must contain the following information—

(a) the name and address of the person who is liable for payment;

(b) a description of the property being rated;

(c) the amount for which the person is liable;

(d) the basis of assessment;

(e) the penalties for failing to pay;

(f) the manner in which the rates or charges can be paid;

(g) any incentives available for early payment;

(h) if the rate is based on the value of the property, the value of the property, the current level of value date and the date on which the valuation becomes operative for rating purposes;

(i) the rights of the person to object to a rate or charge or valuation.

__________________



4

PART 4—SPECIFIC FUNCTIONS, POWERS AND RESTRICTIONS

10 Power to enter certain contracts not restricted

A contract for legal services is exempt from section 186 of the Act.

__________________



5

PART 5—INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC

11 Documents to be made available for public inspection

A Council must make available for public inspection documents containing the following prescribed matters—

(a) details of current allowances fixed for the Mayor, Lord Mayor (if any) and Councillors under section 74 or 74A of the Act;

(b) the total annual remuneration for all senior officers in respect of the current financial year and the previous financial year, set out in a list that states—

(i) ranges of remuneration of senior officers, where the difference between the lower amount and the higher amount in each range must not exceed $10 000; and

(ii) the number of senior officers whose total annual remuneration falls within the ranges referred to in subparagraph (i);

(c) details of overseas or interstate travel (with the exception of interstate travel by land for less than 3 days) undertaken in an official capacity by Councillors or any member of Council staff in the previous 12 months, including the names of the Councillors or members of Council staff and the date, destination, purpose and total cost to the Council of the overseas or interstate travel, including accommodation costs;

r. 11

Reg. 11(b) substituted by S.R. No. 99/2010 reg. 6(1).

Reg. 11(c) amended by S.R. No. 99/2010 reg. 6(2).

Part 3—Rates and Charges


6

(d) names of Council officers who were required to submit a return of interest during the financial year and the dates the returns were submitted;

(e) names of Councillors who submitted returns of interest during the financial year and the dates the returns were submitted;

(f) agendas for and minutes of ordinary and special meetings held in the previous 12 months kept under section 93 of the Act except if the minutes relate to parts of meetings which have been closed to members of the public under section 89 of the Act;

(g) a list of all special committees established by Council and the purpose for which each committee was established;

(h) a list of all special committees established by the Council which were abolished or ceased to function during the financial year;

(i) minutes of meetings of special committees established under section 86 of the Act and held in the previous 12 months except if the minutes relate to parts of meetings which have been closed to members of the public under section 89 of the Act;

r. 11Reg. 11(j) amended by S.R. No. 99/2010 reg. 6(3).

(j) a register of delegations kept under sections 87 and 98 of the Act, including the dates on which the last reviews under sections 86(6) and 98(6) of the Act took place;

(k) submissions received in accordance with section 223 of the Act during the previous 12 months;



7

(l) agreements to establish regional libraries under section 196 of the Act;

(m) details of all property, finance and operating leases involving land, buildings, plant, computer equipment or vehicles entered into by the Council as lessor or lessee, including the name of the other party to the lease and the terms and the value of the lease;

(n) a register of authorised officers appointed under section 224 of the Act;

(o) a list of donations and grants made by the Council during the financial year, including the names of persons or bodies which have received a donation or grant and the amount of each donation or grant;

(p) a list of the names of the organisations of which the Council was a member during the financial year and details of all membership fees and other amounts and services provided during that year to each organisation by the Council;

r. 11Reg. 11(q) substituted by S.R. No. 96/2008 reg. 3.

(q) a list of contracts valued at $100 000 (or such higher amount as is fixed from time to time under section 186(1) of the Act) or more—

(i) which the Council entered into during the financial year without first engaging in a competitive process; and

(ii) which are not contracts referred to in section 186(5) or (5A) of the Act.

Note

Reg. 11(q)(ii) amended by S.R. No. 99/2010 reg. 6(4).



8

The Act provides that an amount higher than $100 000 may be fixed by Order in Council made under section 186(1) of the Act.

__________________



9

PART 5A—CONFLICTS OF INTEREST

11A Indirect interest because of conflicting duties

For the purpose of section 78B(3)(d) of the Act, the following positions are prescribed—

(a) a member of the Board of directors of the Metropolitan Waste Management Group established under the Environment Protection Act 1970;

(b) a member of the governing body of a regional waste management group established under the Environment Protection Act 1970;

(c) a member of the Country Fire Authority appointed from a panel submitted by the executive committee of the Municipal Association of Victoria for the purposes of sections 7(1)(e) and (f) of the Country Fire Authority Act 1958;

(d) in the case of a matter that relates to an application made under the Planning and Environment Act 1987, a member of the governing body of a referral authority that has considered the application for the purposes of section 56 of that Act.

__________________

Pt 5A (Heading and reg. 11A) inserted by S.R. No. 99/2010 reg. 7.

r. 11A

Reg. 11A inserted by S.R. No. 99/2010 reg. 7.



10

PART 6—LAND INFORMATION CERTIFICATE

12 Fee

The prescribed fee that must be sent with an application for a land information certificate under section 229(2)(b) of the Act is $20.

13 Prescribed information

(1) A land information certificate must contain the following statements—

(a) This certificate provides information regarding valuation, rates, charges, other moneys owing and any orders and notices made under the Local Government Act 1958, the Local Government Act 1989 or under a local law of the Council and the specified flood level by the Council (if any).

(b) This certificate is not required to include information regarding planning, building, health, land fill, land slip, other flooding information or service easements. Information regarding these matters may be available from Council or the relevant authority. A fee may be charged for such information.

(2) A land information certificate must also contain the following information—

(a) General information—

(i) date of issue of land information certificate;

(b) Valuation information—

(i) Council valuation of the property under Net Annual Value, Site Value and Capital Improved Value;



11

(ii) the current level of value date and the date on which the valuation becomes operative for rating purposes;

(c) Rates and charges and other moneys—

(i) amount and type of all rates and charges levied on the property (including a broad description of type and time due);

(ii) whether any rates and charges are paid or unpaid;

(iii) amount of arrears (if any);

(iv) period for which all rates and charges apply;

(v) money owed for works under the Local Government Act 1958;

(vi) potential liability for rates under the Cultural and Recreational Lands Act 1963;

(vii) potential liability for land to become rateable under sections 173 or 174A of the Local Government Act 1989;

(viii) any outstanding amount required to be paid for recreational purposes or any transfer of land to the Council for recreational purposes under section 18 of the Subdivision Act 1988 or the Local Government Act 1958;

(ix) moneys owed under section 227 of the Local Government Act 1989;



12

(d) Other information—

(i) whether at the date of the land information certificate, any notice or order on the land has continuing application (and if so, the details of the notice or order) under the Local Government Act 1958, the Local Government Act 1989 or under a local law of the Council;

(ii) specified flood level by the Council (if any).

(3) A land information certificate must be signed by a delegated officer of the Council or by a person appointed to be an authorised officer under section 224 of the Act.

__________________



13

PART 7—NOTICE IN RELATION TO DISPOSITION OF LAND

14 Notice of disposition

(1) For the purposes of section 230 of the Act—

(a) a prescribed person required to give notice in relation to the disposition of any land is a person who disposes of any land in any municipal district;

(b) the Chief Executive Officer of the municipal district in which the land disposed of is located is the prescribed person for receipt of the notice of disposition;

(c) one month after disposal of the land is the prescribed period within which notice must be given.

(2) For the purposes of section 230 of the Act a notice of disposition of land must be in a form containing the following prescribed particulars—

(a) Personal details—

(i) full name(s) of vendor(s)/transferor(s) (trust and trustee or company name and ACN);

(ii) full name(s) of purchaser(s)/transferee(s) (trust and trustee or company name and ACN);

(iii) address for correspondence for vendor(s)/transferor(s);

(iv) known address of purchaser(s)/transferee(s);



14

(b) Property details—

(i) flat or unit number, street number, name of street or road, suburb, town or district, postcode;

(ii) Lot Number and Plan Number;

(iii) Volume and Folio;

(iv) name of municipality;

(v) Crown Allotment Number;

(vi) Section or Portion, Parish;

(vii) Municipal Property Number;

(viii) area of the land;

(c) Transfer details—

(i) date of contract, total sale price, date of possession or transfer;

(ii) whether or not the purchase is a terms sale and details of such terms, if any;

(d) Contact details and certification—

(i) name and telephone number of vendor's/transferor's legal practitioner or agent (if any);

(ii) provision for the certification by the vendor(s)/transferor(s) or their legal practitioner or agent of the accuracy of the information provided.

__________________



15

PART 8—NOTICE IN RELATION TO ACQUISITION OF LAND

15 Notice of acquisition

(1) For the purpose of section 231 of the Act—

(a) a prescribed person required to give notice in relation to the acquisition of any land is a person who acquires any land in any municipal district;

(b) the Chief Executive Officer of the municipal district in which the land acquired is located is the prescribed person for receipt of the notice of acquisition;

(c) one month after acquisition of the land is the prescribed period within which notice must be given.

(2) For the purpose of section 231 of the Act a notice of acquisition of land must be in a form containing the following prescribed particulars—

(a) Personal details—

(i) full name of vendor(s)/ transferor(s) (trust and trustee or company name and ACN);

(ii) full name of purchaser(s)/ transferee(s) (trust and trustee or company name and ACN);

(iii) address of purchaser(s)/transferee(s) at time of transfer;

(iv) address of seller(s)/transferor(s) at time of transfer;



16

(v) indication whether property will be principal place of residence for purchaser;

(vi) addresses for correspondence or service of purchaser(s)/ transferee(s) (if different from property being acquired) and of seller(s)/transferor(s);

(vii) date(s) of birth of transferee(s) (for the purpose of preparing voters rolls).

(b) Property details—

(i) flat or unit number, street number, name of street or road, suburb, town or district, postcode;

(ii) Lot number and Plan number;

(iii) Volume and Folio;

(iv) name of municipality;

(v) Crown Allotment Number;

(vi) Section or Portion, Parish;

(vii) Municipal Property Number;

(viii) Area of the land (including any accessory units) and Unit of Entitlement;

(ix) appropriate Property Code under paragraph (f);

(c) Transfer details—

(i) date of contract, total sale price, deposit, date of possession or transfer;

(ii) whether or not the purchase is a terms sale;



17

(d) Details of improvements—

(i) construction of main structure, if applicable (brick, brick veneer, timber, fibro-cement, other);

(ii) whether or not the property is a residential property and number of bedrooms;

(e) Contact details and certification—

(i) name and telephone number of purchaser/transferee's legal practitioner or agent (if any);

(ii) provision for the certification by the purchaser(s)/transferee(s) or their legal practitioner or agent of the accuracy of the information provided;

(f) Property Codes—

(i) A list of the following Property Codes—

Vacant Land

01 House block02 Farm land (without

buildings)03 Fast food site04 Hobby farm (Rural

residential <20 ha)05 Industrial land06 Commercial land07 Subdivisional land08 Former road/laneway09 Other – please specify

Residential property

10 House (new – detached)11 House (previously

occupied) – detached12 Terrace – attached house

13 Dual occupancy house14 Flat/unit/apartment (multi-

storey)15 Townhouse (unit)16 Flat/unit/apartment

(retirement)17 Flat/unit (whole block)18 Other – please specify

Industrial property

20 Abattoir21 Cool store22 Factory23 Warehouse24 Warehouse/showroom25 Oil depot26 Quarry/extraction27 Other – please specify



18

Rural Property

30 Hobby farm (<20ha with dwelling)

31 Cereal32 Dairy33 Beef34 Sheep35 Piggery36 Poultry37 Vineyard38 Orchard39 Market garden/

horticulture41 Other – please specify

Commercial Property

50 Bank51 Caravan Park52 Car/boat/truck yard53 Car park

54 Childcare centre/kindergarten

55 Church/hall56 Hospital57 Hotel58 Licensed grocer59 Motel60 Office (strata)61 Office (whole building –

multi-story)62 Petrol service station63 Reception/function room64 Restaurant/café65 Retail store/showroom66 School67 Shop68 Shop and dwelling69 Shopping centre70 Sport and recreation

facility71 Surgery/clinic72 Theatre/cinema73 Other

__________________

* * * * *

r. 15

Pt 9 (Heading and reg. 16) revoked by S.R. No. 99/2010 reg. 8.



19

PART 10—CONSEQUENTIAL AMENDMENT

17 Consequential amendment

For regulation 11(g) of the Local Government (Finance and Reporting) Regulations 20042 substitute—

"(g) list the documents specified in Part 5 of the Local Government (General) Regulations 2004 and the places where those documents can be inspected or copies obtained in accordance with section 222 of the Act;".

__________________



20

SCHEDULE

FORMS

FORM 1

REGISTER OF INTERESTS

Local Government Act 1989, Sections 81(2) and 81(4)

Local Government (General) Regulations 2004, Regulation 6

Primary Return

Notes—Please Read:

(1) Interests which you are required to register are prescribed in section 81(6) of the Local Government Act 1989.

(2) If there is not sufficient space on this form for all of the information you are required to register, you may attach additional papers for that purpose. Each paper is to be signed, dated and witnessed in the same manner as this return.

(3) Answer all questions and ensure your answers are clear and legible.

Family name: Given names:

Name of Council:

Name of Ward (if applicable):

Position held:

Insert details of the Registrable Interests you have held as at the date of this return:

1. The name of any company or other body in which you hold any office whether as director or otherwise.

2. The name or description of any company or body in which you hold a beneficial interest unless the total value of the interest does not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million.

3. The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal

Sch. (Heading and Forms 1–4) substituted as Sch. (Heading and Forms 1–3) by S.R. No. 99/2010 reg. 9.

Sch. Part 3—Rates and Charges


21

district in which you have any beneficial interest other than by way of security for any debt.

4. A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and a member of your family* holds a beneficial interest.

5. Any other substantial interest (whether of a pecuniary nature or not) held by you or a member of your family of which you are aware and which you consider might appear to raise a material conflict between your private interest and your public duty as a Councillor, member of a special committee or nominated officer.

Signature of person making return: Date:

Signature of witness: Name of witness:

*A reference to family has the same meaning as family member has in section 78 of the Act.

__________________

FORM 2

REGISTER OF INTERESTS

Local Government Act 1989, Section 81(5)


Ordinary Return

Notes—Please Read:

(1) Interests which you are required to register are prescribed in section 81(7) of the Local Government Act 1989.

(2) If there is not sufficient space on this form for all of the information you are required to register, you may attach additional papers for that purpose. Each paper is to be signed, dated and witnessed in the same manner as this return.

(3) Answer all questions and ensure your answers are clear and legible.


Name of Council:

Name of Ward (if applicable):

Position held:

Sch.

Sch. Form 2 amended by S.R. No. 19/2011 reg. 3.



22

Insert details of the Registrable Interests held during the return period*:

1. The name of any company or other body corporate or unincorporate in which you held an office as a director or otherwise.

2. The name or description of any company or body in which you hold or have held a beneficial interest unless the total value of the interest does or did not exceed $10 000 and the total value of issued shares of the company or body exceeds $10 million.

3. The address or description of any land in the municipal district of the Council or in a municipal district which adjoins that municipal district in which you had any beneficial interest other than by way of security for any debt.

4. A concise description of any trust in which you held a beneficial interest or of which you are a trustee and in which a member of your family** held a beneficial interest.

5. Particulars of any gift of or above the amount or value of $500 received by you, either directly or indirectly, other than a gift received from a relative*** of yours or received as hospitality at an event or function you attended in an official capacity as the Mayor, a Councillor, a member of Council staff or a member of a special committee.

6. Any other substantial interest (whether of a pecuniary nature or not) held by you or a member of your family of which you are aware and which you consider might appear to raise a material conflict between your private interest and your public duty as a councillor, member of a special committee or nominated officer.

Signature of person making return: Date:

Signature of witness: Name of witness:

*A reference to return period has the same meaning as return period has in section 81 of the Act.

**A reference to family has the same meaning as family member has in section 78 of the Act.

*** A reference to relative has the same meaning as relative has in section 78 of the Act.

__________________

Sch. Sch. Part 3—Rates and Charges


23

FORM 3

APPLICATION TO INSPECT REGISTER OF INTERESTS

Local Government Act 1989, Section 81(10)



Address: Postcode:

Telephone Number (For Contact):

I, the undersigned, apply under section 81(10) of the Local Government Act 1989 to the

(Name of Council)

to inspect the register of interests maintained under section 81 of the Act relating to:

(Name(s) of person(s) whose return(s) is/are to be inspected)

Signature of applicant: Date:

═══════════════

Sch. Part 3—Rates and Charges


24

ENDNOTES

1. General InformationThe Local Government (General) Regulations 2004, S.R. No. 130/2004 were made on 26 October 2004 by the Governor in Council under section 243 of the Local Government Act 1989, No. 11/1989 and came into operation as follows:

Regulations 1–14, 16, 17 and Schedule on 29 October 2004: regulation 3(1); regulation 15 on 31 December 2004: regulation 3(2).

The Local Government (General) Regulations 2004 will sunset on 25 October 2015: see the Subordinate Legislation (Local Government (General) Regulations 2004) Extension Regulations 2014, S.R. No. 125/2014.

EndnotesPart 3—Rates and Charges


25

2. Table of AmendmentsThis Version incorporates amendments made to the Local Government (General) Regulations 2004 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Local Government (General) Amendment Regulations 2008, S.R. No. 96/2008Date of Making: 5.8.08Date of Commencement: 5.8.08


Local Government (General) Amendment Regulations 2010, S.R. No. 99/2010Date of Making: 28.9.10Date of Commencement: 1.10.10: reg. 3


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



26

3. Explanatory Details



27

1 Reg. 4: S.R. No. 30/2001 as amended by S.R. No. 30/2004.2 Reg. 17: S.R. No. 30/2004.