LOCAL GOVERNMENT BILL 2006

(BILL NO. 6 OF 2006)

Arrangement of Clauses

1. Short title and commencement

2. Section 7 amended

3. Section 9 amended

4. Section 10 amended

5. Section 13 amended

6. Section 30 amended

7. Section 34D amended

8. Section 44 amended

9. Section 47 amended

10. Section 57 amended

11. Section 59 amended

12. Section 88 amended

13. Section 90 amended

14. Section 115 amended

15. Section 121 amended

16. Section 123 amended

17. Section 125 amended

18. Section 126 amended

BILL NO. 6 OF 2006

A   BILL

FOR AN ACT TO AMEND THE LOCAL GOVERNMENT ACT

ENACTED by the Parliament of the Fiji Islands:

Short title, etc

1. (1)    This Act may be cited as the Local Government (Amendment) Act 2006, and comes into force on a date appointed by the Minister by notice in the Gazette. 

(2)  In this Act, the Local Government Act (Cap. 125) is referred to as the "principal" Act.     

Section 7 amended

2. Section 7(2) of the principal Act is amended:

(a)  by adding after "subsection (1)" the following:

"and the Minister shall not make an order under section 5(1) or section 6(1) until any appeal under subsection (4) or (5) is finally determined.".

(b)  by adding after subsection (2) the following subsections:

"(3) The advice of a Local Government Committee shall be advertised in a newspaper published and circulating in Fiji, giving an opportunity to an aggrieved person to lodge an appeal to the Minister who may hear and determine the appeal.

(4) An appeal under subsection (3) may be lodged within 21 days from the date of publication of the advice in the newspaper.

(5) A person who is aggrieved with the decision of the Minister under subsection (3) may, within 21 days from the date of the Ministers decision, appeal to the High Court on a question of law.

(6) The Minister may prescribe other procedures for appeal under subsection (3).".

Section 9 amended

3. Section of the principal Act is amended in subsection 3 by deleting "three years" and substituting "4 years".

Section 10 amended

4. The principal Act is amended in section 10(2) by:

(a)  by deleting "or" at the end of paragraph (h);

(b)  by replacing the full stop with "; or" at the end of paragraph (i) and by adding after that paragraph the following paragraph:

"(j) ceases, for a continuous period of 12 months, to reside and own or occupy land in the municipality in which he was ordinarily resident at the time of his election as a councillor.".

Section 13 amended

5. The principal Act is amended in section 13 by adding after subsection (3) the following subsection:

"(4) The office of the Supervisor of Elections shall, subject to subsection (1), be responsible for the preparation of electoral roll and conduct of elections to municipalities".

Section 30 amended

6. Section 30(3) of the principal Act is amended by inserting ", any company or other legal entity" after "Fijian Affairs Act".

Section 34D amended

7. Section 34D(1) of the principal Act is amended by deleting  "sixty days" and substituting "90 days". 

Section 44 amended

8. Section 44 of the principal Act is amended in the proviso to paragraph (a) by deleting "5 per cent of his or her salary or wages" and substituting "the rate of his or her salary or wages as stipulated under the relevant written law regulating the scheme, system or other form of retirement benefits".

Section 47(2) amended

9. Section 47(2) of the principal Act is amended by inserting "in accordance with the Fiji Accounting Standards and" after "shall be kept".

Section 57 (1) amended

10. Section 57 of the principal Act is amended in subsection (1), by inserting "and in accordance with the Fiji Accounting Standards" after "Minister";

Section 59 amended

11. Section 59 of the principal Act is amended in the proviso to subsection (1) by replacing the full stop with a semi-colon at the end of paragraph (b) and by adding after that paragraph the following paragraph:

"(c) no special rates shall be levied on any native land not leased or licensed to any person or any village within a municipality declared under the Fijian Affairs Act.".

Section 88 amended

12. Section 88 of the principal Act is amended by adding after subsection (1) the following subsection:

"(1A) For the purpose of subsection (1), a council may enter into partnership, joint venture or other commercial arrangement with any statutory authority, company or other legal entity.".

Section 90 amended

13. Section 90 of the principal Act is amended by inserting ", a company or other legal entity" after "Government".

Section 115(1) amended

14. Section 115 of the principal Act is amended in subsection (1) by:

(a)  deleting:

"$20 for every day upon which such offence is committed or suffered or continued: Provided that no penalty shall be imposed unless the information or complaint is laid by authority of the council or some officer thereof duly authorized in writing in that behalf by the town clerk"; and

(b)  substituting:

"$5,000, and the information or complaint for such offence shall be laid by the council or an officer authorized in writing in that behalf by the town clerk".

Section 121 amended

15. Section 121 of the principal Act is amended by:

(a)  by deleting:

"If the owner or occupier fails to comply with a requirement made under this section within such time as the council may prescribe, the council may undertake the work and the cost shall be a debt to the council and may be sued for in a court of competent jurisdiction.";

(b)  by renumbering the existing provision as subsection (1) and adding the following subsections:

"(2) An owner or occupier who fails to comply with a requirement made under subsection (1) within the time specified by the council commits an offence and is liable on conviction to a fine not exceeding $2,000.

(3) Notwithstanding subsection (2), the council may undertake the work at its own cost which shall be a debt to the council.".

Section 123(2) amended

16. Section 123(2) of the principal Act is amended in the definition of "approved duty" by repealing paragraph (a) and substituting the following paragraph:

"(a) attendance at a meeting of the council, a standing committee or ad hoc committee in respect of functions approved by the full council;".

Section 125 amended

17. Section 125 of the principal Act is amended:

(a)  by deleting "rates" and substituting "municipal service fees for the purpose of subsection (2)";

(b)  by renumbering the existing provision as subsection "(1)" and by adding the following subsection:

"(2) A council shall provide municipal services to any Fijian village situated within its municipality.".

Section 126 amended

18.  Section 126 of the principal Act is amended:

(a) in subsection (1), by inserting "or an interim committee" after "council" appearing twice in that subsection;  and

(b)  in subsection (2), by inserting "or an interim committee" after "council" appearing twice in that subsection.

Attorney Generals Chambers

5-7 Floors, Suvavou House

SUVA

January 2006

LOCAL GOVERNMENT (AMENDMENT) BILL 2006

EXPLANATORY NOTE

[This note is not part of the Bill and is only intended to indicate its general effect]

1.0 INTRODUCTION

1.1 The Bill seeks to amend the Local Government Act. The objectives of the Bill are:

(a)  to provide an appeal mechanism to the advise of the Local Government Committees, before the Minister makes a subsidiary legislation in the form of order to define or alter the boundary of a municipality;

(b)  to remove rating of native lands that are not leased or licensed to any person and villages within a municipality;

(c)   clarify that the Supervisor of Elections will conduct local government elections and the preparation of the rolls;

(d)  to clarify that council can enter into business enterprises with private companies and other statutory bodies; and

(e)  to makes changes to other provisions in order to strengthen the operation of those provisions.

2.0 CLAUSES

Clause 1 provides for the short title and commencement.

Clause 2 amends section 7 to allow for an appeal mechanism to be provided on the advice of the Local Government Committee to the Minister. Decision of the Minister may be taken to the High Court only on question of law.

Clause 3 amends section 9 to extend the term of councillors from 3 years to 4 years.

Clause 4 amends section 10 to ensure add additional grounds for disqualification of councillors. This is to clarify that a person who has no connection either by residence or owner or occupier of land should be disqualified as a councillor.

Clause 5 amends section 13 imposing a statutory duty on the Supervisor of Elections to prepare electoral rolls and to conduct elections in town and city councils.

Clause 6 amends section 30 to enable councils to include companies and other bodies in its joint committees.

Clause 7 amends section 34D extending the conduct of a by-election to be conducted within 90 days rather than the existing 60 days.

Clause 8 amends section 44 to change the existing rule about maximum 5% deductions of employees salaries and wages. The amendment will remove the 5% which is to be dictated by existing laws relating to deductions of salaries and wages, such as the Fiji National Provident Fund Act.

Clause 9 amends section 47 to ensure that the accounts and other records of councils are kept in accordance with the Fiji Accounting Standards, in addition to what the Minister may direct.

Clause 10 amends section 57 in the similar vein to Clause 8.

Clause 11 amends section 59 will remove the requirement to levy special rates on native lands within municipalities that are not leased of licensed to any person or village declared under the Fijian Affairs Act.

Clause 12 amends section 88 to empower a council to enter into partnership, joint ventures, etc with a company or statutory authority for the purpose of the Act.

Clause 13 amends section 90 as a result of the proposed amendment to sections 88 and 30.

Clause 14 amends section 115 to provide to a determined penalty of $5,000. It will remove the references to continuing offences, as it gives rise to legal complications when the courts and the council work out continuing offences penalties. The proposed penalty will take into account the seriousness of the act and also the failure of an offender to remedy the breaching act promptly.

Clause 15 amends section 121 to provide an offence and penalty provision for failure to comply with drainage constructions, etc within a private property.

Clause 16 amends section 123 to clarify that a councillor will be entitled to claim allowances only in respect of functions and duties approved by the full council.

Clause 17 amends section 125 to remove the requirement of making of bylaws in respect of rates that may be levied in Fijian villages. The amendment will then clarify that the bylaws will provide for the manner in which councils will provide normal municipal services to such villages.

Clause 18 amends section 126 to include interim committee so that such committee is also given full powers of the council pending the election of the new council.

3.0 MINISTERIAL RESPONSIBILITIES

3.1 The Bill comes under the responsibility of the Minister responsible for Local Government.

Q.B.BALE

Attorney-General

And Minister for Justice