ANNO DECIMO
ELIZABETHAE 11 REGINAE
A.D.
1961****************************************************
No. 30 of 1961
An Act to amend the Local Government Act,
1934-1959.
[A.ssented to 9th November, 1961.]
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows :
Short titles. 1. (1) This Act may be cited as the "Local Government Act Amendment Act, 1961".
(2) The Local Government Act, 1934-1959, as amended by this Act, may be cited as the "Local Government Act, 1934- 1961".
(3) The Local Government Act, 1934-1959, is hereinafter referred to as "the princi£,al Act".
Incorporation. 2. This Act is incorporated with the principal Act and that Act and this Act shall be read as one Act.
EnRctmfentof S. The following section is inserted in the principal Act after
8.9ao • h f
princLpal Act- sectIOn 9 t ereo : -
SpecIal provision for Salisbury' District . . Council.
9a. (1) Notwithstanding any provision of this Act to the contrary, a petition of the District Council of Salisbury praying for the constitution of the District Council District of Salisbury as a municipality and for the division into wards. of the municipality to be so constituted may also pray for either or both of the following, namely, that the muuicipality to be so constituted shall be declared to be a . city, 'and that the provisions of Part IV shall apply to the
municipality to be so constituted.
Local Government Act Amendment Act, 1961.
No. 30.
(2) The Governor may, in respect of such petition, exercise either in the same proclamation or otherwise, the powers conferred by subsection (1) of section 7, by section 48 and subsection (2) of section 74 and by section 76.
In the exercise of those powers no regard shall be had to the provisions of subsection (3) of section 7.
77
4. Paragraph (f) of section 12 of the principal Act is amended ~:rn~~~:::e1~tOf
by striking out the words "the number of inhabitants of which 1.12. .
is certified, by the Government Statist to exceed twenty thousand" therein.
5. Subsection (2) of section 100 of the principal Act is Amendmentof principal Act.
amended- B.loo.
(a) by striking out the words "seventy-five pounds"
wherever occurring therein and inserting in lieu thereof the words "one hundred and fifty pounds"
in each case ;
(b) by striking out the words "five hundred pounds"
therein and inserting in lieu thereof the words "one thousand pounds".
6. Subsection (3) of section 115 of the principal Act is Amendment of
amended- ~.r~~~~al Act.
(a) by striking out the words "seventy-five pounds"
wherever occurring therein and inserting in lieu thereof the words "one hundred and fifty pounds"
in each case ;
(b) by striking out the words "five hundred pounds"
therein and inserting in lieu thereof the words "one thousand pounds".
7. Subsection (1) of section 157 of the principal Act is Amendment of
amended by adding at the end of paragraph (b) thereof the ~.rir:J~alAct.
following proviso : -
Provided that if the annual revenue of a council from general rates amounts to one hundred thousand pounds or more the council shall appoint an engineer as a full time or part time officer or in a consultative capacity; the person so appointed shall hold the qualifications prescribed for engineers by the regulations under paragraph (f) of section 691 and shall be of the age of twenty-three years or more. The Minister may, if it appears to him expedient so to do, exempt any council from any of the requirements of the immediately preceding proviso to this paragraph.
Amendment of principal Act.
B.172.
Enactment of s. 178a of prinelpal Act.
Requirements
or noUce.
Amendment of prinelpal Act.
a. IS4&.
Amendment of prinelpal Act.
1.184b.
Enactment of
•• 188a of prlnelpal Act.
Requirements of notice.
Amendment of principal Aot.
s.212.
Amendment of prlnelpal Aot.
B.212a.
Amendment of prlnelpal Act.
1.214.
8. Subsection (2) of section 172 of the principal Act is amended by adding at the end thereof the passage "Such notice shall specify in addition to particulars of the alteration whether the assessment is based upon annual value or upon land value".
9. The following section is inserted in Division 1I of Part of the principal Act after section 178 thereof : -
I78a. Any note or notice required to be left, sent or given under paragraph (a) of section 174 or under sub- section (2) of section 178 shall specify that the assessment is based upon annual value.
10. Section I84a of the principal Act is amended by striking out the word "In" being the first word of the said section and inserting in lieu thereof the words "Subject to the provisions of subsection (3) of section 244a, in".
11. Section I84b of the principal Act is amended by striking out the word "The" being the first word of the said section and inserting in lieu thereof the words "Subject to the provisions of subsection (3) of section 244a, the".
12. The following section is inserted in Division III of Part X of the principal Act after section 188 thereof;-
I88a: Any note or notice required to be left, sent or given under subsection (4) or subsection (6) of section 184 or under subsection (2) of section 187 shall specify that the assessment is based upon land value.
13. Subsection (I) of section 212 of the principal Act is amended by striking out the word "Where" being the first word of the said section and inserting in lieu thereof the words
"Subject to the provisions of subsection (3) of section 244a, where".
14. Subsection (I) of section 2I2a of the principal Act is amended by striking out the word "If" being the first word of the said section and inserting in lieu thereof the words "Subject to the provisions of subsection (3) of section 244a, if".
15. Subsection (I) of section 214 of the principal Act is amended by inserting therein after the word "ratepayers"
the words "before, at the time of, or after, the giving of notice of the making of the assessment".
Local Government Act Amendment Act, 1961.
No. 30. 79
16. Subsection (I) of section 215 of the principal Act is Amendmentof
d d b · . h . ft th d " " h principal Act,
amen e y msertmg t erem a er e wor ratepayers t e s.216.
words "before, at the time of, or after, the giving of notice of the making of the assessment".
17. Section 244a of the principal Act is amended- Amendment of principal Act,
(a) by striking out the word "The" at the beginning of s.2Ua.
subsection (I) thereof and inserting in lieu thereof the words "Subject to subsection (3) of this section, the" ;
(b) by striking out the word "The" at the beginning of subsection (2) thereof and inserting in lieu thereof the words "Subject to subsection (3) of this section, the" ;
(c) by inserting therein after subsection (2) thereof the following subsection : -
(3) The Governor may, upon being satisfied that it is desirable so to do, by proclamation exempt any municipality from the provisions of subsections (I) and (2) of this section. Upon the making of any such proclamation the provisions of sections 184a and 184b, subsection (2a) of section 212, section 212a and subsections (I) and (2) of this section shall cease to apply in respect of that municipality.
18. Subsection (I) of section 257 of the principal Act is Amendment of
d d b · . h . f h (b) h f h principal Act
amen e y msertmg t erem a ter paragrap t ereo t e s.267.
following paragraph : -
(bl) An indication of the basis upon which the assessment is made.
19. Paragraph (e) of subsection (I) of section 287 of the Amendmentof
. . I A principal Act,
pnnClpa ct is amended- 8.287.
(a) by inserting after the word "employees" first occurring therein the words "or the widows, children, or other dependants of such officers or employees who die while in its service or employ or while in receipt of pensions after retirement" ;
(b) by inserting after the word "employees" second occurring therein the words "or the widows, children, or other dependants of such officers or employees who die while in its service or employ".
Amendment of pthiclp&l Act.
I. 290e.
Enactment of
B. 298b of principal Act- Validation of certain expenditure.
Amendment of principal Act, 8.870.
Amendment of principal Act.
8.878.
Amendment of principal Act.
1.899.
Amendment of prlncip&l Act, 1.457.
20. Section 290c of the principal Act is amended-
(a) by inserting at the end of paragraph (a) thereof the words "or the payment to the widows, children, or other dependants of any such officers or employees who die while in its service or employ of amounts in lieu thereof" ;
(b) by inserting therein after the word "replacement" the passage "(or both)".
21. The following section is inserted in the principal Act after section 298a thereof:-
298b. Any amounts expended by a council prior to the commencement of the Local Government Act Amendment Act, 1961, for any purpose within the terms of section 287 or section 290c as amended by that Act shall be deemed to have been validly expended.
22. (1) The heading "(b) Provisions Applicable to Munici- palities only" to section 370 of the principal Act is struck out.
(2) Section 370 of the principal Act is amended-
(a) by striking out the words "of the municipality" ID
paragraph (a) of subsection (1) thereof;
(b) by striking out the word "mayor" in subsection (2) thereof and inserting in lieu thereof the word
"clerk".
(3) The heading "(b) Provisions Applicable to Municipalities only" is inserted in the principal Act before section 371 thereof.
23. (1) The heading "(bb) Provisions Applicable to Munici- palities and MetropolitaIr Districts only" to section 373 of the principal Act is amended by striking out the words "to Municipalities and Metropolitan Districts only" therein and inserting in lieu thereof the word "generally".
(2) Subsection (1) of section 373 of the principal Act is amended by striking out the words "A municipal council or metropolitan district council" therein and inserting in lieu thereof the words "The council".
24. Subsection (2) of section 399 of the principal Act is amended by striking out the words "ten pounds" therein and inserting in lieu thereof the words "twenty pounds".
25. Subsection (3) of section 457 of the principal Act is amended by inserting ther( in after the word "persons" the words "or to an incorporated body".
Local Government Act Amendment Act, I96I.
No. 30. 81
26. Subsection (I) of section 550 of the principal Act is Amendmentfil' principal Act. '
amended- 8. 550.
(a) by inserting therein after the figure "146" the passage
"or section 146a" ;
(b) by inserting therein after the passage "(not being a
"hospital" within the meaning of section 541 of this Act)" the words "or a rest home" ;
(c) by striking out the word "maternity" in paragraph (a) thereof.
27. Subsection (2) of section 552 of the principal Act is Amendment of d d b 'k' h d " d" h ' d principal Act.
amen e y strl mg out t e wor s ten poun s t erem an I. 562.
inserting in lieu thereof the words "fifty pounds".
28. (1) Subsection (7) of section 666b of the principal Act is Ame~dmlenAt <ll'
d d b · . f h d " " ( d . ) prinClpa et, amen e y msertmg a ter t e wor may secon occurrmg •. 666b.
therein the words "disposes of the chattel or structure or materials thereof so removed in any manner that the council thinks fit and may".
(2) Subsection (8) of the said section 666b is amended- (a) by inserting after the words "which is unfit for use" in
paragraph (a) thereof the words "as a vehicle or machinery" ;
(b) by inserting after the words "which is unfit for use" in paragraph (b) thereof the words "as an article of furniture" .
29. Paragraph 18 of section 667 of the principal Act is A~endment of
amended by inserting therein after subparagraph I thereof the ~~~~J~ Act, following subparagraph : -
la. Subject as aforesaid for regulating the speed of motor vehicles along or on any such foreshore or any part thereof.
30. Subparagraph 11 of paragraph (34) of section 667 of the Amendment of
principal Act is amended by inserting after the word "horses" ~r~:Jl(s'ttet,
therein the word "sheep".
31. Section 670 of the principal Act is amended by inserting A're~dnr:ttof
therein after paragraph (12a) thereof the following paragraph :_ ~~ £~~ e.
(12b) For regulating the hours during which the cleaning of footways in front of buildings within any township within the district may be carried out.
32. Section 791 of the principal Act is amended by' striking Amendment of principal Act,
out the words "ten pounds" therein and inserting in lieu •. 791.
thereof the words "twenty pounds".
Amendment of principal Act,
•• 885.
33. Section 865 of the principal Act is amended-
(a) by striking out all the words after the word "buildings" I'.
in subsection (2) thereof, and inserting in lieu thereof the words "as the council thinks fit" ;
(b) by inserting therein after subsection following subsection : - (2) thereof the
I
.~.(3) The said council may from time to time lease to any person or persons for any term of ! years not exceeding fifty years to take effect in
I
possession or within six months from the making j of the lease any part or parts of any such banks or shores whereon any such sheds, boat houses, stands, landing stages or other buildings have been built, erected or placed by the council (or if not so built, erected or placed, for the purposes of the construction thereon by such person or persons of any sheds, boat houses, stands, landing stages or other buildings) for the use of such person or persons subject to such rents as may be fixed by the said council and on such covenants, conditions, clauses, provisions and agreements as may be determined by the said council and contained by and in any such lease.
Every lease proposed to be granted pursuant to this subsection shall before being executed be laid before both Houses of Parliament and shall not be executed if either House of Parliament by resolution within fourteen sitting days of such House after such lease has been laid before it disapproves of any term or condition thereof.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
J. M. NAPIER, Governor's Deputy.
