Constitution

Constitution

The Constitution of the Mindarie Regional Council has been drawn pursuant to the provisions of section 697 of the Local Government Act 1960 (as amended) having been formally approved by the Minister for Local Government and recommended to the Governor in Executive Council on 22 December 1987.

 

The designated function accorded to the MRC is:
The orderly and efficient treatment and/or disposal of waste delivered to a building or a place provided, managed or controlled for those purposes by the Regional Council.

 

Other powers and authorities are awarded in order to effect the designated function.

 

Three amendments to the Constitution have been approved by the Minister for Local Government. They are:

 

Amendment No. 1 approved on 25 November 1996 which has the effect of:

  1. Exempting from the definition of waste, material which is retained by a member Local Government for the purposes of recycling.
  2. Requiring all member Local Governments to be bound to dispose of waste as required by the Regional Council and to such sites and places as nominated by the Regional Council.
  3. Permitting the Regional Council in writing to exempt a member Local Government from the requirement of delivery under such conditions as the Regional Council deems fit.
  4. Where a member Local Government fails to meet the requirements of delivery a penalty equivalent to the fees and charges which may have otherwise been due, shall apply.

 

Amendment No. 2 approved on 25 November 1996 which has the effect of admitting to membership of MRC the Towns of Cambridge, Victoria Park and Vincent.

It should be noted that from 1 July 1994 the Towns were accorded disposal at member Local Government rates and charges; the intervening period to 25 November 1996 having been taken up by restructure processes of the City of Perth and constitutional amendments by the MRC.
The first meeting of the enlarged Council was held at the City of Stirling on 28 November 1996.

 

Amendment No. 3 approved on 20 October 1999 which has the effect of admitting to membership of MRC the City of Wanneroo to reflect the split of the City of Joondalup into the Cities of Joondalup and Wanneroo.

The first meeting of the further enlarged Council with duly elected Councillors from the newly created local governments was held on 17 February 2000. Previous to this, appointed Commissioners represented these Councils effective from 18 December 1997 during this transition period.

 

Amendment No. 4 approved on 2004 participants agree to vary the terms and conditions to the Borrowings.

Amendment No. 5 approved on February 2017 participants agree to vary the designated functions of the regional council.
 

It is intended that pursuant to the Local Government Act 1995 the Constitution will be re-written to be more closely aligned to the terms of that legislation and consolidated into an Establishment Agreement.  This process is currently being undertaken.

 

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