Local Government Act 2002 Amendment Act 2012

1 Overview
  • (1) This clause—

    • (a) provides a guide to the scheme of this schedule; and

    • (b) does not affect the interpretation or application of any provision of this schedule.

    (2) Clause 2 contains definitions of terms used in this schedule.

    (3) Part 1 contains 2 subparts, as follows:

    • (a) subpart 1—

      • (i) provides that any person, body, or group may make a reorganisation application to the Commission; and

      • (ii) prohibits the making of a reorganisation application in certain circumstances; and

      • (iii) specifies what a reorganisation application must contain; and

    • (b) subpart 2—

      • (i) requires the Commission to decide whether to assess a reorganisation application; and

      • (ii) specifies the grounds on which an application may be declined; and

      • (iii) requires the Commission to be satisfied that an application has demonstrable community support; and

      • (iv) if it has, requires the Commission to give public notice inviting alternative applications; and

      • (v) then requires the Commission to identify the reasonably practicable options for local government of the affected area and select the option that best promotes good local government (the preferred option).

    (4) Part 2 contains 3 subparts, as follows:

    • (a) subpart 1—

      • (i) requires the Commission to develop the preferred option into a draft proposal; and

      • (ii) provides for consultation by the Commission on the draft proposal; and

      • (iii) then provides for the Commission to issue and notify a final proposal; and

    • (b) subpart 2 provides for petitions requiring a poll on a final proposal and for the holding of a poll if required; and

    • (c) subpart 3 places restrictions on advertising by a local authority to promote or oppose a final proposal in the period from the issue of the final proposal to when a poll is held (if required) or the close of the day for receiving a petition. This subpart contains an exception for publication of material that is factual or referential.

    (5) Part 3 provides for the establishment of transition bodies and related matters.

    (6) Part 4 contains 3 subparts, as follows:

    • (a) subpart 1 requires the Commission to prepare a reorganisation scheme if no poll is required on a final proposal or a poll has been held and has not defeated the final proposal; and

    • (b) subpart 2 specifies the matters the Commission must and may include in a reorganisation scheme; and

    • (c) subpart 3 contains provisions that apply to a reorganisation scheme unless amended or declared not to apply by the scheme.