Attachment 1
Council procedure
Public consultation procedure Implementation of Public Consultation Requirements, Local Government Act 1999
1.
Purpose The purpose of this procedure is to guide staff in implementing the requirements of the Local Government Act 1999 (the Act) in regard to legislated consultation and has been written within the context of our engagement framework. We will ensure that public consultation in relation to Council's Public Consultation Procedure is conducted in accordance with the requirements of section 50 of the Act. Our engagement framework describes and details our approach to engagement with our communities. The Act however has specific requirements for consultation. We will ensure that public consultation is conducted in accordance with the requirement of the following sections of the Act:
2.
•
Representative reviews (section 12)
•
Status of a Council/change of names (section 13)
•
Commercial activities–prudential requirements (section 48 (s) (d), 48 (5), 48 (6))
•
Public Consultation (Section 50)
•
Strategic Management Plans (section 122(6))
•
Passing By-laws (section 249)
•
Policies on orders (section 259).
Policy principles Council is committed to the development of a well-informed community that is able to participate in the democratic processes and institutions that underpin the community. All community members are encouraged to actively participate in community life and influence decisions that affect their lives (Council Policy, September 2007).
3.
Background information We will undertake public consultation in accordance with the operating procedure set out in section 5 of this procedure in regard to: •
Principal office–opening hours (section 45 (3))
•
Public Consultation Procedure review (Section 50 (4))
•
Code of Practice–access to meetings and documents (section 92 (5) (b))
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Council procedure
4.
•
Council’s Annual Business Plan (section 123)
•
Changes to the basis of rating (section 151(3))
•
any decision to change or amend Council’s rating policy (section 151(5))
•
Community Land–exclusion from classification (section 193 (2))
•
Community Land–revocation of classification (section 194 (2))
•
Community Land–Management Plans (section 197 (1))
•
Community Land–amendment or revocation of management plans (section 198)
•
Community Land–alienation by lease or licence (section 202(2))
•
Roads–permits or authorisations, restricting access, conferring a right of exclusive occupation, or for use or activity requiring public consultation under regulations (section 223)
•
Roads–planting trees (vegetation) (section 232).
Definitions Engagement describes levels of participation in our decision making processes. Consultation is a method of engagement where we ask communities for ideas to improve a proposal, test support for a proposal or check to see if there is a preferred option.
5.
Operating procedure Specific sections of the Act outline the steps which Council must follow in order to fulfil its statutory obligations on a wide range of matters, including consultation. The Act requires a council to follow the relevant steps set out in its public consultation policy, this will principally be guided by two documents: •
our Community Engagement onkaparingacity.com
•
our Public Consultation procedure (this document).
Guide
which
is
available
on
our
website
For each of the topics listed in section 3 of this procedure the relevant sections of the Act specify and provide guidance on matters which need to be addressed when determining the requirement to undertake public consultation. When the Act is not specific about the need to consult we will consider factors such as environmental, cultural, social and economic impact, available resources, strategic and corporate directions, policies and other relevant legislation when making our decision. For assistance on determining whether or not to undertake engagement on a particular matter please refer to our Community Engagement Guide.
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Council procedure
How we should consult The steps outlined in the table below set out the processes to be followed for us to meet our public consultation policy obligations under the Act. We may choose to undertake additional engagement if it is deemed appropriate for particular circumstances. Additional methods and techniques can be sourced from our Community Engagement Guide.
Public Consultation Steps 1.
2.
3.
For each matter listed in section 3 of this procedure officers will do the following: 1.1
Prepare a document that describes our approach to consultation in relation to the matter being considered.
1.2
Advise community forums and residents’ associations of the issues on which we are consulting.
1.3
Publish a notice:
describing the matter under consideration
in newspapers circulating within the area of the council area
inviting interested persons to make submissions within a period stated in the notice (being at least 21 days).
When submissions have been received by a specified date we will complete the following tasks: 2.1
summarise and analyse the information
2.2
prepare a report about the consultation for Council which:
includes all written submissions received within the specified time and a summary of those submissions and other comments received
summarises the public consultation outcomes
presents that information in the broader context of the matter under consideration
makes recommendations for Council to consider when deciding matters
is included on the agenda for the next available Council meeting.
Council will consider the report and recommendations and decide on the matter/s. For each matter listed in Table 1 below note and implement any additional requirements to steps 1, 2 and 3 above.
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Table 1 Additional public consultation steps Matter
Section of the Act
Additional public consultation steps
Public Consultation Procedure
Chapter 4
•
Publish a notice describing the matter under consideration in a newspaper circulating generally through the state and in a newspaper circulating within the area of Council
•
Invite interested persons to make submissions within the period stated (being at least one month)
•
Make available copies of the proposed consultation policy for inspection or purchase at council’s principal office and other offices, council libraries and community centres and where practical on onkaparingacity.com
•
Make copies of the proposed code, alteration or substitution available for inspection or purchase at council’s principal office.
•
Public meeting to be held 21 days after publication of the notice.
•
Copies of draft annual business plan to be available at the council’s principal office.
•
Obtain the approval of the owner of the land if council is not the owner.
•
Council must give notice in the Gazette of a resolution to exclude land from classification as community land.
Before Council adopts, alters Part 5 or substitutes a public Section 50 consultation procedure it must follow the steps outlined under section 50(6) of the Act unless Council determines that the alteration is of only minor significance that would attract little (or no) community interest.
Code of Practice–access to meetings and documents Before Council adopts, alters or substitutes a code of practice on public access to Council and committee meetings, and release of documents, it must follow the steps in this procedure. Annual Business Plan
Chapter 6 Part 5 Code of practice section 92
Section 123(3)
Community land–exclusion from classification. Before Council resolves to exclude land from classification as community land under subsection 1 (a) (ie within three years after the commencement date of the Act) it must follow the steps in this procedure.
Chapter 11 Part 1 Local Government Land Division 3 Community Land section 193
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Council procedure
Matter
Section of the Act
Additional public consultation steps
Classification Community land–revocation of classification Council may (subject to exceptions and qualifications listed in section 194 of the act) revoke the classification as community land.
Chapter II
•
Prepare a report.
Part 1
•
Local Government Land Division
Obtain the approval of the owner of the land if council is not the owner.
•
Submit the proposal and the report (including a report on all submissions made as a result of public consultation) to the Minister.
•
Obtain approval from the Minister.
•
If the Minister approves the proposal Council resolve to revoke the classification.
•
Make copies of the proposed plan available at Council’s principal office.
•
Give public notice of adoption of a management plan.
Division 3
As part of the procedure outlined in the Act which Council must undertake, Council must follow the relevant steps set out in this consultation procedure.
Community Land
Management Plans
Section 197(1)
Section 194 Revocation of classification of land as community land
Community Land–alienation by lease or licence
Section 202(2))
•
Exceptions apply where the grant of the lease or licence is authorised in an approved management plan for the land and the term of the proposed lease or licence is five years or less OR the regulations provide for an exemption from compliance with the public consultation policy.
Roads public consultation
Chapter 11
•
If Council proposes to grant an authorisation or permit that:
Part 2
Council officers will give written notice of the proposal to agencies that are under the regulations to be notified of the proposal.
•
confers a right of exclusive occupation
•
would have the effect of restricting access to the road
•
in relation to a use or activity for which public
Roads Division 6 Control of work on roads Section 223 Public consultation
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Council procedure
Matter
Section of the Act
Additional public consultation steps
consultation is required under the regulations then Council must follow the steps set out in this procedure.
6.
References Documents City of Onkaparinga Community Engagement Guide City of Onkaparinga Community Plan 2028 Public Consultation LGA discussion paper 2010 Legislation Development Act 1993 Disability Discrimination Act 1992 Equal Opportunity Act 1984 Local Government Act 1999 Local Government (Elections) Act 1999 Local Government (Implementation) Act 1999 Local Government Act 1999 (Implementation) Regulations
7.
Attachments
Responsible officer(s)/department(s):
Team Leader Corporate and Community Projects
Adopted/approved by:
insert text here
Date adopted/approved:
insert text here
Next review:
January 2014
Date(s) of previous review(s):
February 2000
DataWorks number:
insert text here
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Date Printed: 13 May 2011
