Local Government Act 1993 No 30
Current version for 1 March 2013 to date (accessed 23 May 2013 at 06:36)
Chapter 9Part 1Division 2A

Division 2A How are areas amalgamated or their boundaries altered?

218A   Amalgamation of areas

(1)  The Governor may, by proclamation, amalgamate two or more areas into one or more new areas.
(2)  On the date specified in the proclamation as the date on which the areas are to be amalgamated:
(a)  the areas are dissolved, and
(b)  the new area or new areas are constituted, and
(c)  subject to section 218C, the councillors of the former areas cease to hold office.
(3)  Divisions 1 and 2 apply to a new area constituted by a proclamation under this section in the same way as they apply to an area constituted by a proclamation under section 204.
(4)  Section 212 (2) does not apply to the dissolution of a former area by a proclamation under this section.

218B   Alteration of boundaries of areas

The Governor may, by proclamation, alter the boundaries of one or more areas.

218C   Facilitating provisions of proclamations

(1)  A proclamation of the Governor for the purposes of this Division may include provisions of the same kind as are referred to in section 213.
(2)  Such a proclamation may also include provisions for or with respect to:
(a)  the appointment of administrators for any area constituted by the proclamation, and
(b)  the continuation in office, as councillors of any area constituted by the proclamation, of any or all of the councillors of any area dissolved by the proclamation.
Note. If a proclamation for the purposes of this Division transfers staff members (other than senior staff) from the employment of one council to another council, the provisions of Part 6 of Chapter 11 apply in relation to the transferred staff members.
(3)  Section 224 (1) does not apply to any councillors who continue in office by virtue of such a proclamation.

218CA   Maintenance of staff numbers in rural centres

(1)  This section applies to a council (the transferee council):
(a)  that is constituted as a result of the amalgamation of two or more areas, where the council of one of those areas (the previous council) employed regular staff at a rural centre in the area of the transferee council immediately before the amalgamation took effect, or
(b)  whose geographical area is increased as a result of the alteration of the boundaries of two or more areas, where a council (the previous council) whose geographical area is reduced as a result of the alteration employed regular staff at a rural centre in the area of the transferee council immediately before the alteration took effect.
(2)  The transferee council must ensure that the number of regular staff of the council employed at the rural centre is, as far as is reasonably practicable, maintained at not less than the same level of regular staff as were employed by the previous council at the centre immediately before the amalgamation or alteration of boundaries took effect.
(3)  Subsection (2) does not have effect, or ceases to have effect, in such circumstances (if any) as are prescribed by the regulations.
(4)  In this section:

regular staff of a council means:

(a)  staff appointed to a position within the organisational structure of the council, otherwise than on a temporary basis, and
(b)  casual staff who are engaged by the council on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months and who have a reasonable expectation of continuing employment with the council,
      but does not include senior staff.

rural centre has the meaning given by section 354B.

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