❓ Hon. Tjorn Sibma questions the Minister for Local Government regarding Clause 144 of the Local Government Amendment Bill 2024, focusing on the removal of councillor decision-making roles in development assessment panels and the extent of prior consultation. The Minister confirms the clause will be retained.
AnsweredQoN 1180Legislative Council
QuestionView source ↗
LOCAL GOVERNMENT
AMENDMENT BILL 2024
1180. Hon TJORN SIBMA to the minister representing the
Minister for Local Government:
I refer to the Local Government
Amendment Bill 2024.
(1) How is clause
144, which proposes a new section 9.69B that will deny elected councillors or
committees comprised of elected councillors from any decision-making roles in
relation to the functions of a development assessment panel consistent with the
purpose of the bill?
(2) Had any
representative of the local government sector been consulted on this specific
clause prior to the bill being printed?
(3) If yes to
(2), who?
(4) What feedback
has the minister received from local governments in relation to clause 144 now
that the implications of the provision are more broadly comprehended?
(5) Does the minister intend to retain the clause in
the bill prior to it being scrutinised in the Legislative Council?
AMENDMENT BILL 2024
1180. Hon TJORN SIBMA to the minister representing the
Minister for Local Government:
I refer to the Local Government
Amendment Bill 2024.
(1) How is clause
144, which proposes a new section 9.69B that will deny elected councillors or
committees comprised of elected councillors from any decision-making roles in
relation to the functions of a development assessment panel consistent with the
purpose of the bill?
(2) Had any
representative of the local government sector been consulted on this specific
clause prior to the bill being printed?
(3) If yes to
(2), who?
(4) What feedback
has the minister received from local governments in relation to clause 144 now
that the implications of the provision are more broadly comprehended?
(5) Does the minister intend to retain the clause in
the bill prior to it being scrutinised in the Legislative Council?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following response has been provided by the
Minister for Local Government.
(1)–(4) One
of the key areas of the Local Government Amendment Bill 2024 is clarifying the
roles and responsibilities of a council and its elected members from that of
the CEO and the administration. The involvement
of a council in preparing a technical assessment of a development application
is not consistent with the strategic planning role of a council. The
bill clarifies the responsibility for the preparation of the responsible
authority report to a development assessment panel. Clause 144 clarifies who is
to exercise this function under the Local Government Act 1995. Clearer roles
and responsibilities was a core theme of the reform proposals, which have been
subject to public consultation. The specific amendment in relation to DAPs has
also previously been raised through consultation on the state government's
planning reform program in 2021. Representatives of the Western Australian
Local Government Association and Local Government Professionals WA were
consulted during the drafting of the bill. The Planning Institute of Australia
WA, the Local Government Planners Association and peak industry bodies strongly
support this reform. Local governments frequently engage with the minister on
many issues, including the bill.
(5) Yes.
some notice of the question. The following response has been provided by the
Minister for Local Government.
(1)–(4) One
of the key areas of the Local Government Amendment Bill 2024 is clarifying the
roles and responsibilities of a council and its elected members from that of
the CEO and the administration. The involvement
of a council in preparing a technical assessment of a development application
is not consistent with the strategic planning role of a council. The
bill clarifies the responsibility for the preparation of the responsible
authority report to a development assessment panel. Clause 144 clarifies who is
to exercise this function under the Local Government Act 1995. Clearer roles
and responsibilities was a core theme of the reform proposals, which have been
subject to public consultation. The specific amendment in relation to DAPs has
also previously been raised through consultation on the state government's
planning reform program in 2021. Representatives of the Western Australian
Local Government Association and Local Government Professionals WA were
consulted during the drafting of the bill. The Planning Institute of Australia
WA, the Local Government Planners Association and peak industry bodies strongly
support this reform. Local governments frequently engage with the minister on
many issues, including the bill.
(5) Yes.
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