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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-08-08 Daily Xml
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Local Government (Boundary Adjustment) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 3 August 2017.)

The PRESIDENT: I would like to draw the attention of the council to an anomaly that has occurred in that the question for the second reading of this bill was not put and the council incorrectly resolved itself into committee of the whole, prior to the bill being read a second time. Therefore, it is necessary for the council to conclude the debate on the second reading and for the question to be put before the council resolves itself to a committee of the whole.

The Hon. J.M.A. LENSINK (16:04): I rise to make some remarks in relation to this bill, which is supported by the Liberal Party. This bill has become necessary to replace the previous system under the Boundary Adjustment Facilitation Panel, which was abolished as part of the omnibus legislation to review a range of boards and committees under various government agencies and departments, and the panel's functions having been transferred to the Minister for Local Government. So, a new process needed to be found. It was the task of the Office of Local Government, together with the Local Government Association (LGASA), to review this process.

I understand that South Australia is the only state that does not currently allow a minister to initiate boundary adjustment proposals and is instead reliant on ratepayers and councils themselves to put forward suggestions. I am advised that over more recent years minimal changes have occurred and I can recollect that it has been the subject of some questions in this place. I think it was two councils on Eyre Peninsula where there might have been a hostile takeover attempted by one council on the other. I think it was quite an unsatisfactory process at that stage, even though it probably did not affect a huge number of electors. Because a number of those regional councils have quite a small rating base, it would have made quite a significant difference to the particular council that was going to potentially lose some of its area.

There is a process for public-initiated submissions, which requires a minimum of 20 eligible electors to be submitted to the council, which the council is then at liberty to support or not. That proposal is then lodged with the minister. I understand that this particular bill process is in line with a range of processes interstate and is supported by the LGA board and has been the subject of discussion from the State/Local Government Forum. There is a particular pathway for what is called 'minor proposals', which correct historical anomalies, and then a broader initiation process, which can be initiated by electors at two or more councils or a single council, or, indeed, minister, or, indeed, resolution of either house of parliament.

There are amendments to the Local Government Grants Commission to assess the proposals themselves and then make recommendations to the minister; the capacity for independent analysis of the particular proposal, whether it be amalgamations or merely boundary changes; cost recovery initiatives; and some principles, which the LGA has requested to support regional collaboration to improve efficiencies, which is something that is obviously going to be welcomed by many people who are concerned about the efficiency or otherwise of local councils.

The bill also allows the commission to appoint investigators to inquire into particular proposals, including whether there are financial implications, what level of community support exists, and a range of other matters. With those brief comments, I commend the bill to the council.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:09): I appropriately and correctly now conclude the debate. I thank the opposition for their indication of support and look forward to a speedy passage.

Bill read a second time.

Committee Stage

In committee.

Bill taken through committee without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:10): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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