Version No. 011
Local Government (Consequential Provisions) Act 1989
No. 12 of 1989
Version incorporating amendments as at 7 December 2007
table of provisions
SectionPage
1
SectionPage
1Purpose
2Commencement
3Repeals
4Consequential amendments
5Constitution of Councils and other bodies
6Councillors
6APersons on voters' roll
7Former chairmen of Councils
8Common seal of Council
9Repealed
10By-laws and regulations
11Committees of a Council
12Construction of private streets and completion of schemes
13Interpretation of Legislation Act 1984
______
SCHEDULES
SCHEDULE 1—Repeals
SCHEDULES 2, 3—Repealed18
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ENDnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 011
Local Government (Consequential Provisions) Act 1989
No. 12 of 1989
Version incorporating amendments as at 7 December 2007
1
Local Government (Consequential Provisions) Act 1989
No. 12 of 1989
The Parliament of Victoria enacts as follows:
1Purpose
The purpose of this Act is to—
(a)repeal certain Acts; and
(b)make consequential amendments to other Acts; and
(c)provide transitional provisions—
as a result of the enactment of the Local Government Act 1989.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Repeals
(1)On the coming into operation of an Item in Schedule 1, the Act specified in that Item is repealed to the extent set out in that Item.
(2)Despite the repeal of Part IX of the Local Government Act 1958 and notwithstanding anything to the contrary in Part 8 of the Local Government Act 1989 the following provisions apply in respect of a Council which levies a minimum rate in the prescribed year—
(a)in this subsection—
prescribed amount means the difference between the rate revenue received from those rateable properties on which the minimum rate is levied in the prescribed year and the rate revenue that would have been received from those rateable properties if no minimum rates had been levied;
S. 3(2)(a) def.of prescribed year substituted by No. 13/1990 s.32(1), amended by No. 78/1991 s.18(a).
prescribed year means the period of 12months ending on 30 September 1992;
s. 3
(b)a Council which levies a minimum rate in the prescribed year may continue to levy a minimum rate for the following periods—
(i)in the first financial year after the prescribed year a minimum rate at a rate which raises rate revenue of an amount not exceeding the prescribed amount;
(ii)in the second financial year after the prescribed year a minimum rate at a rate which raises rate revenue of an amount not exceeding 75 per cent of the prescribed amount;
(iii)in the third financial year after the prescribed year a minimum rate at a rate which raises rate revenue of an amount not exceeding 50 per cent of the prescribed amount;
(iv)in the fourth financial year after the prescribed year a minimum rate at a rate which raises rate revenue of an amount not exceeding 25 per cent of the prescribed amount;
S. 3(2)(c) inserted by No. 13/1990 s.32(2).
(c)a minimum rate levied under paragraph (b) must not exceed the minimum rate levied in the prescribed year;
S. 3(2)(d) inserted by No. 13/1990 s.32(2).
(d)a minimum rate must not be levied under paragraph (b) in respect of any rateable properties on which a minimum rate was not levied in the prescribed year;
S. 3(2)(e) inserted by No. 13/1990 s.32(2).
(e)a reference in paragraph (b) to rate revenue raised by a minimum rate in a particular year is a reference to the difference between the rate revenue received from the rateable properties on which the minimum rate is levied in that year and the rate revenue that would have been received from those rateable properties if no minimum rates had been levied in that year;
s. 3
S. 3(3) inserted by No. 13/1990 s.32(3).
(3)Despite the repeal of Part IX of the Local Government Act 1958 and notwithstanding anything to the contrary in Part 8 of the Local Government Act 1989—
S. 3(3)(a) amended by No. 78/1991 s.18(b).
(a)a Council which in respect of the financial year ending 30 September 1992 was using a combination of valuation systems may continue to use that combination in respect of the financial year commencing 1 October 1992; and
S. 3(3)(b) amended by No. 78/1991 s.18(c).
(b)if a Council to which paragraph (a) applies decides to use only one of these valuation systems in respect of the financial year commencing 1 October 1993, section 157(3) of the Local Government Act 1989 does not apply in respect of that decision.
4Consequential amendments
(1)On the coming into operation of an Item in Schedule 2, the Act specified in that Item is amended as set out in that Item.
s. 4
(2)On the coming into operation of an Item in Schedule 3, the Local Government Act 1958 is amended or repealed to the extent set out in that Item.
(3)The Local Government Act 1958 as in force after the commencement of subsection (4) is to be referred to as the Local Government (Miscellaneous) Act 1958.
(4)For section 1 of the Local Government Act 1958, substitute—
"1Short title
This Act may be cited as the Local Government (Miscellaneous) Act 1958.".
5Constitution of Councils and other bodies
(1)The repeal of the Acts specified in Schedule 1 or 3 does not affect the incorporation of any municipality in existence immediately before the commencement of this subsection.
S. 5(2) amended by No. 78/1991 s.19(1)(a).
(2)As from the commencement of this section every corporation of a municipality (including that of the city of Melbourne and the city of Geelong) is deemed to have been constituted under the Local Government Act 1989.
S. 5(3) amended by No. 78/1991 s.19(1)(b)(i)(ii).
(3)As from the commencement of this section the body corporate of each municipality is deemed to be the Council of the municipal district which formed that municipality and any references to a municipality in any document whatsoever is deemed to be a reference to that Council.
S. 5(4) substituted by No. 78/1991 s.19(2).
(4)The corporate name of a Council is to be the name of the corporation it succeeded until that name is changed under Part II of the Local Government Act 1958.
S. 5(5) repealed by No. 43/1993 s.22.
*****
6Councillors
(1)All Councillors in office immediately before the commencement of this section continue in office subject to the Local Government Act 1989 for the remainder of their terms of office.
s. 6
(2)Subject to the Local Government Act 1989, the repeal of the Acts specified in Schedule 1 or 3 does not affect the holding of any election for Councillors.
(3)Despite section 10(1) of the Local Government Act 1989, a Council which immediately before the commencement of this section consists of less than 9 Councillors or more than 15 Councillors may continue to have that number of Councillors under the Local Government Act 1989 until that number is changed to accord with section 10(1) of that Act.
(4)The allowances which the Chairman and Councillors of any municipality are entitled to receive under the Local Government Act 1958 immediately before the commencement of section74 of the Local Government Act 1989 continue to be payable to those persons until the end of the year for which they were granted as if they were fixed under section 74 of the Local Government Act 1989.
S. 6A
inserted by No. 13/1990 s.33.
6APersons on voters' roll
A person who was entitled to be enrolled on the voters' roll under section 74B(1)(b) or 74B(1)(c) of the Constitution Act 1975 immediately before the commencement of Part 3 of the Local Government Act 1989 continues to be entitled to be enrolled on the voters' roll without application or further application under the Local Government Act 1989 until that person otherwise ceases to be so entitled in accordance with the Local Government Act 1989.
s. 6A
7Former chairmen of Councils
A person who, immediately before the commencement of section 71 of the Local Government Act 1989, is the chairman of any municipality under the Local Government Act 1958, is deemed to be elected as the Mayor of that Council under section 71 of the Local Government Act 1989 and continues in Office for the remainder of that person's term of office.
S. 8
amended by No. 13/1990 s.34.
8Common seal of Council
A common seal of the council of any municipality immediately before the commencement of section5 of the Local Government Act 1989 is the common seal of that Council for the purposes of that section, despite any failure of the seal to comply with subsection (3)(a) of that section, and until the Council changes to a new common seal.
S. 9
substituted by No. 13/1990 s.35(1), repealed by No. 125/1993 s.20(8).
*****
10By-laws and regulations
(1)All by-laws made by any Council which are in force immediately before the commencement of this subsection—
s. 10
(a)to the extent that they could have been made under the Local Government Act 1989 or any other Act, continue in force until the period of three years after the commencement of this subsection as if they were local laws made under the Local Government Act 1989 or that other Act; or
(b)continue in force until revoked by local laws made under the Local Government Act 1989—
whichever first occurs.
(2)Regulations made under the Local Government Act 1958 continue in force until—
(a)revoked by regulations made under the Local Government Act 1989; or
(b)the period of three years after the commencement of this subsection—
whichever occurs first.
(3)Despite subsection (1), on the commencement of this subsection, all by-laws made by the Shire of Bright are revoked.
11Committees of a Council
A committee of the council of a municipality under section 241A of the Local Government Act 1958—
s. 11
S. 11(a) amended by No. 13/1990 s.36.
(a)which exists immediately before the commencement of this section; and
(b)which is a committee of a type which may be established under section 86 of the Local Government Act 1989—
is deemed to be a committee established by a Council under section 86 of the Local Government Act 1989.
12Construction of private streets and completion of schemes
(1)If a private street (within the meaning of section 575(1) of the Local Government Act 1958) is constructed wholly or partly at the cost of the owners of any land which abuts or fronts the street, the Council may not at any future time recover any further costs in respect of the construction of a component of the private street if that component has been previously constructed to the satisfaction of the Council from the owners of the land under section 163 or Division 10 of Part XIX or Part XLII of the Local Government Act 1958.
(2)For the purposes of subsection (1) construct means any works necessary to complete the construction of a component of a private street to the satisfaction of the Council.
(3)In subsections (1) and (2) component means any one of the following—
(a)drainage works;
(b)kerbs and channels;
(c)nature strips;
(d)footpaths;
(e)road pavement;
(f)vehicular crossings.
(4)Notwithstanding the repeal of any provisions of the Local Government Act 1958 by this Act, if immediately before the commencement of this section a notice has been served under the Local Government Act 1958 in respect of a scheme on an owner or occupier of any land which may lead to a liability being imposed on that owner or occupier the scheme may be completed under the Local Government Act 1958 and the Local Government Act 1958 applies to and in respect of the scheme as if those provisions had not been repealed.
s. 12
S. 12(5) inserted by No. 43/1993 s.21.
(5)A separate rate levied in accordance with subsection (4) is deemed to be a special rate or special charge declared under section 163 of the Local Government Act 1989.
S. 12(6) inserted by No. 43/1993 s.21.
(6)For the purposes of section 163(2) of the Local Government Act 1989 the criteria are the criteria specified in the resolution by which the separate rate was levied or in any Order made by the Governor in Council in relation to the separate rate.
S. 12(7) inserted by No. 43/1993 s.21.
(7)For the purposes of section 163(3)(c) of the Local Government Act 1989 the manner in which the rate or charge will be assessed and levied is the manner specified in the resolution by which the separate rate was levied or in any Order made by the Governor in Council in relation to the separate rate.
S. 12(8) inserted by No. 43/1993 s.21.
(8)For the purposes of section 163(3)(d) of the Local Government Act 1989 the period for which the rate or charge remains in force is the period specified in the resolution by which the separate rate was levied.
S. 12(9) inserted by No. 43/1993 s.21.
(9)Unless otherwise provided in the resolution by which the separate rate was levied, the valuation or valuations of the properties included in the rate in each year is the valuation or valuations of such properties for the purposes of the general rate made last before the day on which the separate rate was made or last before the first day of each subsequent period of one year respectively.
13Interpretation of Legislation Act 1984
Sections 5 to 12 are in addition to and not in derogation from the Interpretation of Legislation Act 1984.
s. 13
______
SCHEDULES
Sch. 1 amended by Nos 13/1990
s. 37, 78/1991 s. 28(1)(a) (as amended by No. 22/1992
s. 21(1)), 89/1994 s. 42.
SCHEDULE 1
Sch. 1
Repeals
Item No. /Act No. /
Title of Act or Subject-matter / Extent of Repeal
1 / 6 Victoria No. 7 / An Act to incorporate the Inhabitants of the Town of Melbourne. / Whole Act.
2 / 6 Victoria No. 18 / An Act to remove doubts in respect to the exercise of certain powers by the Councils of the City of Sydney and Town of Melbourne, and to declare the competency of witnesses and the jurisdiction of Magistrates in certain cases within the same. / Whole Act.
3 / 8 Victoria No. 12 / An Act to amend an Act passed in the sixth year of the reign of Her present Majesty, intituled "An Act to incorporate the Inhabitants of the Town of Melbourne." / Whole Act.
4 / 11 Victoria
No. 17 / An Act to explain and amend the Acts relating to the Corporation of the Town of Melbourne. / Whole Act.
5 / 13 Victoria
No. 14 / An Act to effect the change in the Style and Title of the Corporation of Melbourne rendered necessary by the erection of the Town of Melbourne into a City. / Whole Act.
6 / 13 Victoria
No. 40 / An Act to incorporate the Inhabitants of the Town of Geelong, and to extend and apply thereto the laws now in force for the regulation of the Corporation of Melbourne. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
7 / 14 Victoria
No. 20 / An Act for regulating the formation, drainage, and repair of Streets, Courts, and Alleys on Private Property within the City of Melbourne. / Whole Act.
8 / 14 Victoria
No. 35 / An Act for regulating the formation, drainage, and repair of Streets, Courts, and Alleys on Private Property within the Town of Geelong. / Whole Act.
9 / 16 Victoria
No. 38 / An Act to amend in certain respects an Act intituled "An Act to incorporate the Inhabitants of the Town of Melbourne" and to make further provision for the cleansing and improvement of the City of Melbourne. / Whole Act.
Sch. 1
10 / 178 / An Act to further alter and amend the Laws relating to the Corporations of the City of Melbourne and of the Town of Geelong respectively and to extend and apply other existing Acts thereto. / Whole Act.11 / 937 / An Act to enable the Mayor Councillors and Citizens of the City of Ballaarat to demise for terms of years certain lands vested in them and for other purposes. / Whole Act.
12 / 944 / The Melbourne Hydraulic Power Company's Act 1887. / Whole Act.
13 / 1048 / ThePort Melbourne Lagoon Act 1889. / Whole Act.
14 / 1112 / Local Government Act 1890. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
15 / 1179 / An Act to amend The Melbourne Hydraulic Power Company's Act 1887 and for other purposes. / Whole Act.
16 / 1243 / Local Government Act 1891. / Whole Act.
17 / 1272 / An Act to remove doubts as to the effect of Section three hundred and six of the Local Government Act 1890 in its application to the City of Melbourne. / Whole Act.
Sch. 1
18 / 1365 / Local Government Act 1894. / Whole Act.19 / 1431 / Width of Tires Act 1896. / Whole Act.
20 / 1486 / Local Government Act 1897. / Whole Act.
21 / 1577 / Melbourne Electric Lighting Loan Act 1898. / Whole Act.
22 / 1676 / City of Melbourne Loan Act 1900. / Whole Act.
23 / 1693 / Traction Engine Act 1900. / Whole Act.
24 / 1854 / Benalla Fire Brigade Station Act 1903. / Whole Act.
25 / 1889 / Fitzroy Loan Act 1903. / Whole Act.
26 / 1995 / Oakleigh Mechanics' Institute Act 1905. / Whole Act.
27 / 2146 / South Melbourne Mechanics' Institute Act 1908. / Whole Act.
28 / 2591 / Municipal Loans Act 1915. / Whole Act.
29 / 2806 / Brunswick Mechanics' Institute Act 1915. / Whole Act.
30 / 3020 / Church-streetBridge Act 1919. / Whole Act.
31 / 3042 / Municipal Loans (Commonwealth) Act 1919. / Whole Act.
32 / 3081 / Municipal Loans (Commonwealth) Act 1920. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
33 / 3102 / Metropolitan Gas Company's Act 1920. / Whole Act.
34 / 3186 / Brunswick Mechanics' Institute Act 1922. / Whole Act.
35 / 3355 / Yarram Yarram Mechanics' Institute Act 1924. / Whole Act.
36 / 3382 / Mildura Electricity Loan Act 1924. / Whole Act.
37 / 3454 / Melbourne and Geelong Lighting Rate Act 1926. / Whole Act.
Sch. 1
38 / 3515 / Spencer-streetBridge Act 1927. / Whole Act.39 / 3585 / PhillipIsland Shire Act 1928. / Whole Act.
40 / 3872 / BrightonTown Relief Fund Act 1930. / Whole Act.
41 / 3878 / OakleighLand (Mechanics' Institute) Act 1930. / Whole Act.
42 / 4028 / Moorabbin Loans Act 1932. / Whole Act.
43 / 4048 / Melbourne and Geelong Debentures and Inscribed Stock Act 1932. / Whole Act.
44 / 4132 / City of Sandringham (Rating Validation) Act 1933. / Whole Act.
45 / 4153 / Local Government (Shire of Heidelberg) Act 1933. / Whole Act.
46 / 4193 / Ararat Borough (Alexandra Sports Ground) Act 1933. / Whole Act.
47 / 4279 / Local Government Act 1934. / Whole Act.
48 / 4552 / Echuca (High-street) Flood Protection District Abolition Act 1938. / Whole Act.
49 / 4574 / Melbourne and Geelong Corporations Act 1938. / Whole Act.
50 / 4622 / Melbourne (Hopetoun Ward) Streets Act 1938. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
51 / 4781 / BendigoLand Act 1940. / Whole Act.
52 / 4852 / Melbourne (Subways) Act 1941. / Whole Act.
53 / 5154 / CliftonHillLand Act 1946. / Whole Act.
54 / 5606 / Local Government (Warrnambool) Act 1951. / Whole Act.
55 / 5822 / Napier-streetBridge Act 1954. / Whole Act.
Sch. 1
56 / 5972 / Melbourne Subways (Borrowing) Act 1956. / Whole Act.57 / 5990 / Freedom of the City of Melbourne Act 1956. / Whole Act.
58 / 6177 / Local Government (Portland) Act 1958. / Whole Act.
59 / 6237 / Drainage Areas Act 1958. / Whole Act.
60 / 6269 / Hawkers and Pedlers Act 1958. / Whole Act.
61 / 6305 / Markets Act 1958. / Whole Act.
62 / 6335 / Petrol Pumps Act 1958. / Whole Act.
63[1] / * * * * *
64 / 6479 / Local Government Department Act 1958. / Whole Act.
65 / 6613 / CoalCanalBridge Act 1960. / Whole Act.
66 / 7611 / Yea Civic Centre and Court House Act 1967. / Whole Act.
67 / 7879 / PrestonSchool of Design and Free LibraryLand Act 1969. / Whole Act.
68 / 8888 / Local Government (City of Sunshine) Act 1976. / Whole Act.
69 / 9224 / Local Government (Rates and Fees) Act 1978. / Whole Act.
70 / 9254 / Constitution (Local Government) Act 1979. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
71 / 9537 / Local Government (Land Liable to Flooding) Act 1981. / Whole Act.
72 / 9539 / Local Government (Shires of Melton and Bulla) Act 1981. / Whole Act.
73 / 9544 / Local Government (House Builders' Liability Amendment) Act 1981. / Whole Act.
Sch. 1
74 / 9575 / Local Government (Further Amendment) Act 1981. / Whole Act.75 / * * * * *
76 / 9763 / Melbourne Corporation (Election of Council) Act 1982. / Whole Act.
77 / 9769 / Local Government (Board of Review) Act 1982. / Whole Act.
78 / 9771 / Local Government (General Amendment) Act 1982. / Whole Act.
79 / 9781 / Local Government Department (Director-General for Local Government) Act 1982. / Whole Act.
80 / 9787 / Local Government (Pecuniary Interests of Councillors) Act 1982. / Whole Act.
81 / 9811 / Local Government (House Builders' Liability) (Amendment) Act 1982. / Whole Act.
82 / 9831 / Local Government Acts (Miscellaneous Amendments) Act 1982. / Whole Act.
83 / 9844 / Flood Plain Management Act 1982. / Whole Act.
84 / 9866 / Local Government (Investments) Act 1983. / Whole Act.
85 / 9870 / Constitution (Local Government) Act 1983. / Whole Act.
Item No. /
Act No. /
Title of Act or Subject-matter / Extent of Repeal
86 / 9871 / Local Government (Municipal Council Elections) Act 1983. / Whole Act.
87 / 9937 / Constitution (Corporations' Franchise) Act 1983. / Whole Act.
88 / 10019 / Local Government (General Amendment) Act 1983. / Whole Act.
Sch. 1