Local Government (General) Regulations 2004

Victorian Legislation Parliamentary Documents i Local Government (General) Regulations 2004 S.R. No. 130/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Revocation 2 5. Definitions 2 PART 2—REGISTER OF INTERESTS 3 6. Register of interests—primary return 3 7. Register of interests—ordinary return 3 8. 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 PART 6—LAND INFORMATION CERTIFICATE 9 12. Fee 9 13. Prescribed information 9 PART 7—NOTICE IN RELATION TO DISPOSITION OF LAND 12 14. Notice of disposition 12 -- 1 of 29 -- Victorian Legislation Parliamentary Documents Regulation Page ii PART 8—NOTICE IN RELATION TO ACQUISITION OF LAND 14 15. Notice of acquisition 14 PART 9—POLLS OF VOTERS 18 16. Ballot paper for a poll 18 PART 10—CONSEQUENTIAL AMENDMENT 19 17. Consequential amendment 19 __________________ SCHEDULE—Forms 20 Form 1—Register of Interests 20 Form 2—Register of Interests 22 Form 3—Application to Inspect Register of Interests 24 Form 4—Ballot-paper 25 ═══════════════ ENDNOTES 26 INDEX 27 -- 2 of 29 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 130/2004 Local Government Act 1989 Local Government (General) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 26 October 2004 Responsible Minister: CANDY BROAD Minister for Local Government DIANE CASEY Clerk of the Executive Council 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 of 29 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Local Government (General) Regulations 2004 S.R. No. 130/2004 2 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 2001 1 are revoked. 5. Definitions In these Regulations— "Act" means Local Government Act 1989; "Form" means a form as set out in the Schedule. __________________ r. 3 -- 4 of 29 -- Victorian Legislation Parliamentary Documents Part 2—Register of Interests Local Government (General) Regulations 2004 S.R. No. 130/2004 3 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. 6 -- 5 of 29 -- Victorian Legislation Parliamentary Documents Part 3—Rates and Charges Local Government (General) Regulations 2004 S.R. No. 130/2004 4 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. __________________ r. 9 -- 6 of 29 -- Victorian Legislation Parliamentary Documents Part 4—Specific Functions, Powers and Restrictions Local Government (General) Regulations 2004 S.R. No. 130/2004 5 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. __________________ r. 10 -- 7 of 29 -- Victorian Legislation Parliamentary Documents Part 5—Information to be made Available to the Public Local Government (General) Regulations 2004 S.R. No. 130/2004 6 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) details of senior officers' total salary packages for the current financial year and the previous year including the gross salary, the amount of the Council or employer contribution to superannuation, the value of any motor vehicle provided by the Council and the total value of any other benefits and allowances provided by the Council; (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 of the overseas or interstate travel; (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; r. 11 -- 8 of 29 -- Victorian Legislation Parliamentary Documents Part 5—Information to be made Available to the Public Local Government (General) Regulations 2004 S.R. No. 130/2004 7 (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; (j) a register of delegations kept under sections 87, 88 and 98 of the Act, including the date on which the last review under section 98(6) of the Act took place; (k) submissions received in accordance with section 223 of the Act during the previous 12 months; (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; r. 11 -- 9 of 29 -- Victorian Legislation Parliamentary Documents Part 5—Information to be made Available to the Public Local Government (General) Regulations 2004 S.R. No. 130/2004 8 (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; (q) a list of contracts valued at $100 000 or more which the Council entered into during the financial year without first engaging in a competitive process and which are not contracts referred to in section 186(5) of the Act. __________________ r. 11 -- 10 of 29 -- Victorian Legislation Parliamentary Documents Part 6—Land Information Certificate Local Government (General) Regulations 2004 S.R. No. 130/2004 9 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; r. 12 -- 11 of 29 -- Victorian Legislation Parliamentary Documents Part 6—Land Information Certificate Local Government (General) Regulations 2004 S.R. No. 130/2004 10 (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; r. 13 -- 12 of 29 -- Victorian Legislation Parliamentary Documents Part 6—Land Information Certificate Local Government (General) Regulations 2004 S.R. No. 130/2004 11 (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. __________________ r. 13 -- 13 of 29 -- Victorian Legislation Parliamentary Documents Part 7—Notice in Relation to Disposition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 12 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); r. 14 -- 14 of 29 -- Victorian Legislation Parliamentary Documents Part 7—Notice in Relation to Disposition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 13 (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. __________________ r. 14 -- 15 of 29 -- Victorian Legislation Parliamentary Documents Part 8—Notice in Relation to Acquisition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 14 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; r. 15 -- 16 of 29 -- Victorian Legislation Parliamentary Documents Part 8—Notice in Relation to Acquisition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 15 (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; r. 15 -- 17 of 29 -- Victorian Legislation Parliamentary Documents Part 8—Notice in Relation to Acquisition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 16 (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 block 02 Farm land (without buildings) 03 Fast food site 04 Hobby farm (Rural residential <20 ha) 05 Industrial land 06 Commercial land 07 Subdivisional land 08 Former road/laneway 09 Other – please specify Residential property 10 House (new – detached) 11 House (previously occupied) – detached 12 Terrace – attached house 13 Dual occupancy house 14 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 Abattoir 21 Cool store 22 Factory 23 Warehouse 24 Warehouse/showroom 25 Oil depot 26 Quarry/extraction 27 Other – please specify r. 15 -- 18 of 29 -- Victorian Legislation Parliamentary Documents Part 8—Notice in Relation to Acquisition of Land Local Government (General) Regulations 2004 S.R. No. 130/2004 17 Rural Property 30 Hobby farm (<20ha with dwelling) 31 Cereal 32 Dairy 33 Beef 34 Sheep 35 Piggery 36 Poultry 37 Vineyard 38 Orchard 39 Market garden/ horticulture 41 Other – please specify Commercial Property 50 Bank 51 Caravan Park 52 Car/boat/truck yard 53 Car park 54 Childcare centre/ kindergarten 55 Church/hall 56 Hospital 57 Hotel 58 Licensed grocer 59 Motel 60 Office (strata) 61 Office (whole building – multi-story) 62 Petrol service station 63 Reception/function room 64 Restaurant/café 65 Retail store/showroom 66 School 67 Shop 68 Shop and dwelling 69 Shopping centre 70 Sport and recreation facility 71 Surgery/clinic 72 Theatre/cinema 73 Other __________________ r. 15 -- 19 of 29 -- Victorian Legislation Parliamentary Documents Part 9—Polls of Voters Local Government (General) Regulations 2004 S.R. No. 130/2004 18 PART 9—POLLS OF VOTERS 16. Ballot paper for a poll A ballot-paper to be used in a poll under clause 16 of Schedule 3 to the Act must be in accordance with Form 4. __________________ r. 16 -- 20 of 29 -- Victorian Legislation Parliamentary Documents Part 10—Consequential Amendment Local Government (General) Regulations 2004 S.R. No. 130/2004 19 PART 10—CONSEQUENTIAL AMENDMENT 17. Consequential amendment For regulation 11(g) of the Local Government (Finance and Reporting) Regulations 2004 2 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;". __________________ r. 17 -- 21 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 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) Please complete this form by typewriter or block capitals. (Family name) (Given names) Council: Ward: (if applicable) Details of Registrable Interests 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, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value. 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 hold any beneficial interest other than by way of security for any debt. Sch. -- 22 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 21 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: Signature of witness: Date: *A reference to a member of the family of a person making a return is a reference to— (a) a spouse or domestic partner of the person; or (b) any child of that person under the age of 18 years who normally resides with that person. __________________ Sch. -- 23 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 22 FORM 2 REGISTER OF INTERESTS Local Government Act 1989, Section 81(5) Local Government (General) Regulations 2004, Regulation 7 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) Please complete this form by typewriter or block capitals. (Family name) (Given names) Council: Ward: (if applicable) Details of 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, partnership, association or other body in which you held a beneficial interest exceeding $2000 in value. 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 held 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. Any gift of or above the amount of value of $500 received by you from a person other than a relative by blood or marriage. Sch. -- 24 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 23 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: Signature of witness: Date: *A reference to a member of the family of a person making a return is a reference to— (a) a spouse or domestic partner of the person; or (b) any child of that person under the age of 18 years who normally resides with that person. ** "return period" in relation to the ordinary return of a councillor, member of a special committee or nominated officer means— (a) if the last return of the Councillor, member of a special committee or nominated officer was a primary return, the period between the date of the primary return and 30 June next following; or (b) if the last return of the Councillor, member of a special committee or nominated officer was an ordinary return, the period between the date of that return and 30 June next following. __________________ Sch. -- 25 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 24 FORM 3 APPLICATION TO INSPECT REGISTER OF INTERESTS Local Government Act 1989, Section 81(10) Local Government (General) Regulations 2004, Regulation 8 Please use block letters when completing this form (Surname) (Given names) (Address) (Postcode) Telephone Number (For Contact) I, the undersigned, apply under section 81(10) of the Local Government Act 1989 to the Council of (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) / /20 (Signed) (Dated) __________________ Sch. -- 26 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 25 FORM 4 BALLOT-PAPER Local Government Act 1989, Schedule 3, Part 6 Local Government (General) Regulations 2004, Regulation 16 HOW TO VOTE: the voter must mark an "X" or a tick in the box which shows his or her choice. Council: [name of council] Proposal: [details of council decision] Are you— For the proposal? ! Against the proposal? ! ═══════════════ Sch. -- 27 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 26 ENDNOTES 1 Reg. 4: S.R. No. 30/2001 as amended by S.R. No. 30/2004. 2 Reg. 17: S.R. No. 30/2004. Endnotes -- 28 of 29 -- Victorian Legislation Parliamentary Documents Local Government (General) Regulations 2004 S.R. No. 130/2004 27 INDEX Subject Section Acquisition of land notice of acquisition 15 Act (def.) 5 Allowances 11 Authorised officers 11, 13 Ballot papers 16, Sch. Charges See Rates and charges Chief Executive Officer 14–15 Contracts 10, 11 Councillors 11 Definitions 5, Sch. Delegations 11 Disposition of land notice of disposition 14 Documents public availability and inspection 11 Donations 11 Grants 11 Inspection of council documents See Documents Interests inspection of documents regarding 11 register and returns 6–8, Sch. Land acquisition and disposition See Acquisition of land; Disposition of land Land information certificates 12–13 Leases 11 Libraries See Regional libraries Meetings 11 Membership 11 Notices of acquisition and disposition See Acquisition of land; Disposition of land Officers 11, 13 Polls 16, Sch. Rates and charges information in land information certificates 13 notice 9 Regional libraries 11 Register of interests See Interests Regulations authorising provision 2 commencement 3 consequential amendments 17 objective 1 revocations 4 Salaries 11 Special committees 11 Submissions 11 Travel information 11 Valuation of land See Land information certificates -- 29 of 29 --