LGEMA - Local Government Elected Members Association

17/10/2026

LG Act 2026 Amendments

Move to four-year election cycle: 1 Jan 2031

Align nomination, electoral-roll timetable with new election arrangements: on proclamation

Remove “Dadour” required community poll success for amalgamation provisions; make financial viability, effective service delivery paramount considerations in formal boundary-change inquiries: on proclamation.

Repeal LG Miscellaneous Provisions Act, powers to LG Act for dealing with stray , trespassing livestock: on proclamation.

Improve electoral accessibility, protect personal privacy, change financial administration & specified local government processes: varied operative dates.

Manage changeover to new election cycle, preserve specified existing rights, proceedings, orders and arrangements: when Bill passes.

17/10/2026

More LG Act Secretive Changes

So we have more amendments to the LG Act without public consultation. Oh dear ...

Who was consulted? Who does State government consider the stakeholders who were consulted?

“Local Government Amendment and Repeal Bill 2026 (WA)” was introduced to parliament and has already had second reading speech.

You can read the Bill, explanatory memorandum, second reading speech here
https://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=E81644397F6C8E6C48258E8F002490F8

More coming from LGEMA about Bill …

Azure WAF JS Challenge

17/10/2026

LG Act Revised Again; More Cost Shifting to LGs

We now have Local Government Act 1995 (WA) as at 26 June 2026, amended by "Local Government Amendment (Rating of Certain Mining Licences) Act 2026 (WA), which relates to Rating of Certain Mining Licences Act 2026 (WA).

Mining-rating amendments introduced new LG Act Part 10 dealing with consequences of certain mining-licence rating decisions.

All done to overcome a supreme court decision in Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274.

State Government new LG Act regime prohibits LGs rating specified miscellaneous licences and small prospecting licences on Crown land, with the relevant historical period beginning on 1 July 2017. It also requires refunds of covered rates within 90 days of validation day, which was 25 June 2026.

LGEMA opposes these changes, which ensures cost shifting to LGs of maintaining infrastructure to service these mining operations, such as roads and water, will fall on ratepayers in affected shires.

15/10/2026

LGEMA FORUM SUNDAY 8 November 2026 12MD – 4pm

We look forward to LGEMA members and their guests, and prospective members joining us to hear from our wonderful and exciting expert guest speakers at our last 2026 Forum, our 2026 Christmas Forum.

WORKPLACE SAFETY: early intervention

REFLECTIONS ON LOCAL GOVERNMENT AUDITS: what we can learn from Nedlands independent forensic audit

UNDERSTANDING LOCAL GOVERNMENT ACT EM BREACH CHANGES: Elected Member conduct

VENUE: The Grove Library, 1 Leake St, Peppermint Grove, WA, 6011

RSVP at TRY Bookings TBA; Or pay directly into LGEMA bank account by requesting our bank details to [email protected]

DETAILS here

14/10/2026

DRONES PART FOUR: MOSQUITO CASE STUDY

Case study — mosquito control: Bayswater first trialled drones for mosquito control in 2022. Since developed drone service assisting other LGs. By 2025 it had procured agricultural and mapping drones for mosquito treatment, commercial work and inspections.

EMs could ask: is our Council considering similar technology? If so, has administration assessed the costs, benefits, risks, operator requirements, privacy implications and regulatory approvals before committing Council resources; and on relation to spraying ask question about the safety and approvals of the chemical used such what larvicide is being applied, whether the product is APVMA-approved, what its active constituent is, the application rate and area, and what environmental monitoring is undertaken. The fact that a product is described as biological or target-specific does not remove the need for appropriate chemical, environmental and record-keeping controls.

14/10/2026

LG Statistics

538 (ALGA) > 567 (ABS) Australian LGs are governed by around 5,500 Elected Members.

Individual Councils governed by 5 to 15 Elected Members.

LGs nationally:
• employ more than 213,000 people
• expend around $48 billion annually
• manage over $643 billion in non-financial public assets.

12/10/2026

LG Development Approval Risk Changed 7 October 2026 re Climate Change by High Court in MACH decision Part SIX: ICJ Climate Change Opinion

International Court of Justice (ICJ), Obligations of States in respect of Climate Change, Advisory Opinion, 23 July 2025, confirmed climate change engages binding obligations of States.

Importantly, ICJ recognised reparation could include restitution, compensation, satisfaction, with compensation potentially available for financially assessable climate-related damage where restitution is materially impossible.

ICJ opinion does not bind LG, WA or Australia, or create direct cause of action against a LG.

It is relevant to wider legal context in which LGs make decisions, recommendations; and possible future development of Australian law.

For LGs and their governing Councils, practical question remains: Does the law applicable to this particular development, subdivision, rezoning decision or recommendation require climate-related matters to be considered?

Where it does, ICJ opinion provides important international legal context supporting significance of climate change as a legal issue rather than merely a policy preference. It reinforces importance of understanding current legal consequences of climate change when making decisions.

Councils could therefore ensure that significant reports and recommendations:
• identify relevant climate issues
• identify the applicable legal framework
• explain the evidence and reasoning, and
• record how legally relevant matters were considered.

ARIC: Does Council have adequate controls, and reporting template requirements to identify and demonstrate consideration of climate-related legal risks in significant decisions and recommendations?

12/10/2026

EMs as in-person litigants

See SOWDEN v CITY OF STIRLING [2026] WADC 31 (S) for a guide to costs awarded if self-represented litigant is successful. Sowden awarded:
1. Filing fee for the appeal: $195.00.
2. Hearing fee for the appeal: $100.00.
3. USB drive: $15.00.
4. Printing of 3,164 pages at $0.15 per page: $474.60.
5. Service-related travel costs: $15.00;
but no costs for time spent

So EMs in ANY litigation they are self-represented should keep all receipts (no matter how small) and ongoing record of all their expenditure ready to submit to court/tribunal BEFORE hearing closes.

10/10/2026

LG Development Approval Risk Changed 7 October 2026 re Climate Change by High Court in MACH decision: Part Five: A practical governance response in context of WA's climate policy and its gas industry

MACH reinforces an important principle: where the applicable law makes a matter relevant, decision-maker must actually consider it.
This is particularly relevant in WA. WA is Australia’s largest LNG-exporting State and accounted for about 12% of global LNG exports in 2024. At same time, WA has recognised climate change, climate resilience and adaptation in its own policy, planning and LG Act framework.

Existence of a major LNG industry does not make climate change legally irrelevant. Nor does climate policy mean every Council must oppose or consider climate impacts in every decision.

The practical response is:
• Identify the applicable legal and planning framework.
• Assess whether climate change is legally relevant.
• Record the evidence and reasoning.
• Decide according to the applicable law.
• Retain the decision-making record.

Councils need to use this response separately for a development decision, subdivision and rezoning recommendations.

ARIC: Does Council have controls to identify, demonstrate consideration of legally relevant climate issues? Not about requiring particular outcome, but about lawful decision-making, accountability.

09/10/2026

LG Development Approval Risk Changed 7 October 2026 re Climate Change by High Court in MACH decision: Part Four: No third-party merits review in WA > higher risk of corruption influence (WA only Australian jurisdiction without TPMRs)

WA has no general third-party merits-review pathway for development, subdivision, rezoning approvals. Thus legal compliance, clear decision making record particularly important. IE third party cannot ask SAT to remake development approval because climate change not given any or sufficient weight; but it can ask Supreme Court to review breach of a statutory obligation on a judicial review application.

What Councils can do now: treat failure to consider a legally relevant climate matter as a potential decision-making and legal risk, not merely a difference of opinion.

ARIC: could include this within its review of legal, governance, strategic risks.