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Local Government (Validation) Act 1988 No Local Government (Validation) Act 1988 No. 71 of 1988 TABLE OF PROVISIONS Section 1. Purpose. 2. Commencement. 3. Validation of Orders in Council. 4. Shire of Kyneton. 5. Shire of Colac and Dimboola. 6. Review of internal boundaries. THE SCHEDULE 1177 Victoria No. 71 of 1988 Local Government (Validation) Act 1988 [Assented to 15 December 1988] The Parliament of Victoria enacts as follows: Purpose. 1. The purpose of this Act is to validate certain Orders made under Part II of the Local Government Act 1958 and for certain other purposes. Commencement. 2. This Act comes into operation on the day on which it receives the Royal Assent. Validation of Orders in Council. 3. (1) An Order made by the Governor in Council under Part II of the Local Government Act 1958 in relation to a municipality referred to in column 1 of an item in the Schedule and published in the Government Gazette on the date referred to in column 3 of that item shall be deemed to have taken effect in accordance with that Part on the date referred to in column 4 of that item and thereafter always to have been valid. 1179. s. 4 Local Government (Validation) Act 1988 (2) Any election for councillors of a municipality referred to in an item in the Schedule, and any thing done by or in relation to that municipality or its Council or persons acting as its councillors or otherwise affecting that municipality, on or after the date on which the Order referred to in that item took effect shall be deemed to have been as validly held or done as it would have been if sub-section (1) had been in force on that date. (3) If an Order referred to in sub-section (1) has been rectified by a subsequent Order in accordance with section 28 (5) of the Local Government Act 1958, the reference to that Order is a reference to that Order as so rectified. Shire of Kyneton. 4. (1) Theelectionfor councillors of the Shire of Kyneton held on 6 August 1988, and any thing done by or in relation to that Shire or its Council or persons acting as its councillors on or after that date, shall be deemed to be as valid as it would have been if the Order of the Governor in Council relating to that Shire published in the Government Gazette on 31 May 1988 had taken effect in accordance with Part II of the Local Government Act 1958 on that date and had been valid. (2) Despite clause 2 of the Order of the Full Court of the Supreme Court of Victoria in the proceedings between The President, Councillors and Ratepayers of the Shire of Kyneton and Maise Harper and J. L. Simmonds (As the Minister for Local Government of the State of Victoria) and the Attorney-General for the State of Victoria (As the Representative of the Crown in Right of the State of Victoria) (intituled No. 2367 of 1988) an election for councillors of the Shire of Kyneton must not be held unless that election is required to be held by the Local Government Act 1958 or as the result of an Order being made by the Governor in Council under Part II of that Act. Shires of Colac and Dimboola. 5. (1) The reference in section 3 to the Order made by the Governor in Council in relation to the Shire of Colac is a reference to that Order as if the boundaries of Ondit Riding and Murray Riding were the boundaries described in the Order made by the Governor in Council on 27 September 1988 and published in the Government Gazette on 28 September 1988. (2) The reference in section 3 to the Order made by the Governor in Council in relation to the Shire of Dimboola is a reference to that Order as if the reference in clause 4 of the Order to the Shire of Dimboola were a reference to the South, Centre and West Ridings. 1180 Local Government (Validation) Act 1988 s. 6 Review of internal boundaries. 6. (1) In this section "aflfected municipality" means any municipality referred to in column 1 of an item in the Schedule. (2) Within 60 days of the day on which this Act receives the Royal Assent an affected municipality may submit a proposal to the Minister for Local Government for an Order to be made under section 24B (/) oixhe Local Government Act 1958. (3) A proposal under sub-section (2) must provide that wherever possible the number of voters represented by each councillor does not vary by more than 10 per cent from the average number of voters for the entire municipal district, being the total number of voters for the municipal district divided by the number of councillors for that municipal district. (4) Notwithstanding anything to the contrary in the Local Government Act 1958, the Minister for Local Government must immediately upon receiving a proposal under sub-section (3) refer the proposal to a Division of the Local Government Commission. (5) Subject to this section, a Division of the Local Government Commission must conduct an inquiry into a proposal received under this section in accordance with Part II of the Local Government Act 1958. (6) A Division of the Local Government Commission to which a proposal has been referred under this section must make a report to the Minister for Local Government on the proposal within 6 months of the proposal being referred to it. (7) Notwithstanding anything to the contrary in the Local Government Act 1958, upon receiving a report from a Division of the Local Government Commission under this section the Minister for Local Government must immediately cause a copy of the report to be sent to the municipal clerk of the affected municipality. (8) The municipal clerk of the affected municipality must within 14 days of receiving the report give notice in a newspaper circulating generally in the municipal district of that municipality that any person may without fee inspect a copy of the report at the office of the Council during ordinary office hours on any week day for a period of not less than 14 days after the day on which notice is given. (9) Within 30 days after the giving of notice under sub-section (8)- (a) the Council of the affected municipaUty; or {b) at least one-tenth of the voters on the voters' roll for the affected municipality— may require the Minister to cause a poll to be conducted in respect of that report. 1181 Sch. Local Government (Validation) Act 1988 (10) Sections 24L, 24M and 24N of the Local Government Act 1958 apply with such modifications as are necessary to a poll to be held under sub-section (9). (11) The Minister for Local Government must— (a) if no poll is held or if the poll approves of the report of the Division of the Local Government Commission, take any steps which are necessary (including where appropriate the making of a recommendation to the Governor in Council for an Order to be made under section 24B (/) of the Local Government Act 1958) to give effect to the report; or {b) if the poll rejects the report of the Division of the Local Government Commission, give effect to the result of the poll. (12) If a proposal in relation to an affected municipality is received under this section, any existing proposal initiated under section 24D of the Local Government Act 1958 relating to an Order under section 24B (/) of that Act in relation to that municipality must not be proceeded with. (13) Until a proposal in relation to an affected municipality under this section is determined as provided in sub-section (11) a further proposal relating to an Order under section 24B (/) of the Local Government Act 1958 in relation to that municipaUty cannot be initiated under section 24D of that Act. THE; SCHEDULE S.3 Column 1 Column 2 Column 3 Column 4 Date of Date of Date Order Order in Government in Council Item Municipality Council Gazette takes effect 1. Shire of Alberton 30.5.88 31.5.88 31.5.88 2. Shire of Arapiles 30.5.88 31.5.88 31.5.88 3. Shire of Ararat 30.5.88 31.5.88 31.5.88 4. Shire of Avoca 30.5.88 31.5.88 31.5.88 5. Shire of Avon 30.5.88 31.5.88 31.5.88 6. Shire of Bacchus Marsh 17.3.87 18.3.87 1.4.87 7. Shire of Baimsdale 30.5.88 31.5.88 31.5.88 8. Shire of Ballan 30.5.88 31.5.88 31.5.88 9. Shire of Ballarat 30.5.88 31.5.88 31.5.88 10. Shire of Bannockbum 30.5.88 31.5.88 31.5.88 11. Shire of Barrabool 30.5.88 31.5.88 31.5.88 12. Shire of Bellarine 30.5.88 31.5.88 31.5.88 13. Shire of Benalla 30.5.88 31.5.88 31.5.88 14. City ofBendigo 30.5.88 31.5.88 31.5.88 15. City of Berwick 2.12.86 10.12.86 1.4.87 16. Shire of Bet Bet 30.5.88 31.5.88 31.5.88 17. Shire of Birchip 30.5.88 31.5.88 31.5.88 18. City of Box Hill 3.5.88 3.5.88 3.5.88 19. City of Brighton 30.5.88 31.5.88 31.5.88 20.
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