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					BOUNDARY ADJUSTMENT FACILITATION
            PANEL


         ANNUAL REPORT


             for the


            2008-2009


         FINANCIAL YEAR
         Boundary Adjustment Facilitation Panel

Objective ID: A507813                                     Level 7, Roma Mitchell House
                                                          136 North Terrace, Adelaide
                                                          PO Box 8021, Station Arcade
                                                          ADELAIDE SA 5000
                                                          DX 454 Adelaide
                                                          Telephone:   +61 8 8204 8700
                                                          Facsimile:   +61 8 8204 8734
                                                          E-mail:      localgov@saugov.sa.gov.au
                                                          Web Page:    http://www.localgovt.sa.gov.au
Hon Gail Gago MLC                                         Government of South Australia
Minister for State/Local Government Relations             ABN: 88 326 594 169
Level 12 Terrace Towers
178 North Terrace
ADELAIDE SA 5000



Dear Minister Gago

I have pleasure in presenting to you the Boundary Adjustment Facilitation
Panel’s Annual Report for 2008-2009 as required by section 14 of the Local
Government Act 1999.


Yours sincerely




Margaret Wagstaff
CHAIR
                                               TABLE OF CONTENTS


CHAIR’S INTRODUCTION


BOUNDARY ADJUSTMENT FACILITATION PANEL

ROLE AND STRUCTURE
Role ............................................................................................................. 1
Membership ................................................................................................. 1
Meetings ...................................................................................................... 1
Staffing Arrangements ................................................................................. 1

FINANCIAL ..................................................................................................... 2

ACHIEVEMENTS AND INITIATIVES
Council Initiated Proposals .......................................................................... 2
Public Initiated Submissions ........................................................................ 3
Current Initiatives ......................................................................................... 4

APPENDICES

Member Profiles...........................................................................Appendix A
Boundary Adjustment Facilitation Panel Details...........................Appendix B




         BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
CHAIR’S INTRODUCTION

The Boundary Adjustment Facilitation Panel [BAFP] is an independent representative
body established under section 14 of the Local Government Act 1999 [the Act] to
investigate and make recommendations to the Minister for State/Local Government
Relations on proposals for structural change to council external or internal
boundaries.
The BAFP met formally on five occasions during the 2008/2009 year and its
achievements and initiatives were:
 A council initiated proposal to alter the boundary between the City of Marion and
   the City of Holdfast Bay.
 Consideration of a public initiated submission to include the townships of Port
   Germein and Port Flinders in the Port Pirie Regional Council.
 Adoption of an Instrument of Delegation to deal with simple, non-contentious
   submissions for council initiated boundary adjustments.
 Development of revised draft Guidelines for public initiated submissions.
 Liaison with the Electoral Commission SA regarding information for guidelines for
   Councils undertaking representation reviews
The Panel Members and the Executive Officer provided guidance and assistance to
residents, council elected members and staff concerning the processes involved with
the development of submissions.

I would like to take the opportunity to thank the other Panel Members, the Executive
Officer and Project Staff for their ongoing support and contributions.




Margaret Wagstaff
CHAIR

30 September 2009




     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                      BOUNDARY ADJUSTMENT FACILITATION PANEL

                                       ROLE AND STRUCTURE

ROLE
The Boundary Adjustment Facilitation Panel [BAFP] is an independent
representative body established under section 14 of the Local Government Act
1999 1 [the Act] to -
 consider proposals for the making of proclamations submitted by councils and
   members of the public and to make recommendations to the Minister for
   State/Local Government Relations on the basis of those proposals;
 assist councils and members of the public in the development, formulation and
   implementation of proposals and submissions;
 to conduct inquiries on matters referred to the Panel by electors (or potential
   electors) and, if appropriate, to formulate proposals for the making of
   proclamations for structural change;
 to prepare and publish guidelines, consistent with the provisions and the objects
   of the Act, relevant to the formulation, development or implementation of
   structural change proposals
 to provide advice on matters referred to the Panel by the Minister.
MEMBERSHIP
Membership of the BAFP for the period comprised:
 Ms Margaret Wagstaff (Chair)
 Ms Cathryn Saunders (2008 only)
 Ms Carolyn Procter (2009 onwards)
 Mayor James Maitland, Wakefield Regional Council
 Councillor Ann Irving, City of Salisbury
Current members were appointed for a term commencing on 18 December 2008
and expiring on 31 December 2010.
A profile of each member is contained in Appendix A

MEETINGS
Meetings of the BAFP are held in the Office for State/Local Government Relations,
Level 7, Roma Mitchell House, 136 North Terrace, Adelaide.
The BAFP held five formal meetings during the 2008/2009 financial year. Panel
meetings are open to the public.
STAFFING ARRANGEMENTS
In accordance with section 21 of the Act, the BAFP, by arrangement with the
Executive Director, Office for State/Local Government Relations, made use of the
services, facilities and staff of that Office.
Executive and project support was provided by -
  Ms Alex Hart (Executive Officer) - 2008
  Ms Lynne Flavel (Executive Officer) – 2009 onwards




1
    the Local Government Act 1999 is committed to the Minister for State/Local Government Relations


         BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                                              2.

                                        FINANCIAL

In accordance with Department of the Premier and Cabinet Circular No 16,
members are entitled to the following remuneration for their membership on the
BAFP:
   Chairperson:      $258 per four hour session (or part thereof)
   Members:          $206 per four hour session (or part thereof)

Mayor Maitland was also entitled for reimbursement of travel costs incurred.
During the 2007/2008 period, no agents, consultants or contractors were engaged
by the BAFP nor did it incur any direct expenditure or other costs.
Payment of member sitting fees, travel costs, executive and project support and
operational expenses are met from the Office for State/Local Government Relations’
budget allocations.

                          ACHIEVEMENTS AND INITIATIVES

COUNCIL INITIATED PROPOSALS MADE PURSUANT TO SECTION 27 OF THE ACT
Section 27 of the Act enables councils to submit for the consideration of the BAFP
proposals for structural change that include the alteration of their external
boundaries.

The following proposal was considered and finalised by the BAFP in 2008/09 year:

City of Marion/City of Holdfast Bay
The City of Marion and the City of Holdfast Bay submitted a proposal to realign the
boundary between the respective Council areas that affected a property located at
Diagonal Road, Somerton Park. The realignment was necessary as the Council
boundary dissected the allotment resulting in a small portion of the land being
located within the City of Holdfast Bay with the majority within the City of Marion
boundary.

The City of Holdfast Bay had received advice from the State Valuation Office of a
proposed redevelopment of the Allambi Nursing Home by Eldercare Inc on the
corner of Diagonal Road and Oaklands Road, Glengowrie. A small portion of the
nursing home at 116 Diagonal Road, Somerton Park was within the City of Holdfast
Bay with the remainder within the City of Marion.

Both Councils agreed that it was appropriate to realign the local government
boundary such that the entire redevelopment, including the property at 116 Diagonal
Road, Somerton Park, is contained within the City of Marion.

The BAFP supported the proposal and the Governor proclaimed the boundary
alteration on 30 April 2009.




     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                                              3.

PUBLIC INITIATED SUBMISSIONS MADE PURSUANT TO SECTION 28 OF THE ACT

Section 28 of the Act enables a group of 20 or more eligible electors to submit for
council consideration a proposal to alter the external boundaries of the council or its
composition or representative structure.

Port Germein and Port Flinders – District Council of Mount Remarkable and
Port Pirie Regional Council

A public initiated submission was submitted to Port Pirie Regional Council and the
District Council of Mount Remarkable proposing that the area containing Port
Germein and Weeroona Island (Port Flinders) be included in the Port Pirie Council
area.

The BAFP was advised by the District Council of Mount Remarkable that it was not
willing to formulate (or participate in the formulation of) a joint structural reform
proposal under section 27 of the Act. Port Pirie Regional Council advised that it was
willing to consider the formulation of a proposal.

The group of eligible electors then had the option of submitting their proposal to the
BAFP. At the 3 December 2008 meeting the BAFP considered and formally
accepted the submission. The BAFP then called for written submissions from
interested persons with a closing date of 13 March 2009.

The Chair also determined to have meetings with key stakeholders in the region.
The Chair and the Executive Officer travelled to the region on 11-12 March and met
with: the author of the submission and other eligible electors; the Chairs of the Port
Germein Progress Association and the Weeroona Island Progress Association with
one of the local Ward Councillors; the Mayor and CEO of the District Council of
Mount Remarkable; the Acting Mayor and CEO of Port Pirie Regional Council and a
representative of the Nukunu Community, the traditional owners of the land.

At close of business on 13 March 2009 200 written submissions had been received
as well as a petition of 313 signatures.

The Panel met on 19 March 2009 to consider the written submissions about the
proposal.

Section 28(10) of the Act requires the Panel to consider whether there is likely to be
sufficient support from electors or potential electors to justify the formulation and
consideration of a proposal by the Panel, and then decide whether or not it appears
appropriate to proceed with a proposal itself on the basis of the submission.

In its deliberations the Panel considered:
 The number of submissions received
 The reasons provided for supporting or opposing the proposal
 The level of representation provided by the District Council of Mount Remarkable
 The level of services provided by the District Council of Mount Remarkable



     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                                                4.

The Panel determined that in its view there was not likely to be sufficient support to
justify the formulation and consideration of a proposal and accordingly determined
that the proposal should lapse. A report to this effect was provided to the Minister.

West Beach – City of West Torrens and City of Charles Sturt

The BAFP was notified that a public initiated submission was made by a group of
West Beach electors to relocate a portion of West Beach from the City of Charles
Sturt to the City of West Torrens.

The BAFP was advised that the City of Charles Sturt was not willing to formulate (or
participate in the formulation of) a joint structural reform proposal under section 27
of the Act while the City of West Torrens advised that it was willing to formulate a
proposal.

The group of electors did not proceed with a submission to the BAFP for its
consideration and consequently the matter lapsed.


CURRENT INITIATIVES

Instrument of Delegation

The BAFP has continued its review of its operations and ways in which the
efficiency of the processes for making submissions for structural change and the
subsequent decision-making can be improved.

BAFP members have been concerned to ensure that minor matters that do not
warrant a meeting of the BAFP are dealt with expeditiously.

Accordingly, the BAFP considered the delegation of powers in the Local
Government Act 1999 to deal with simple, non-contentious submissions for council
initiated boundary adjustments.

In accordance with Crown Law advice, it was determined not to delegate any duty,
power or function for matters referred back by the Minister to the Panel for
consideration or action.

It was also determined that delegation should be made to the position of the Chair
allowing the instrument of delegation to extend beyond the term of the appointment
of any given chairperson.

The Instrument of Delegation restricts the delegation of authority to the Chair to the
consideration of:

       The adjustment of the location of the common boundary of two or more
        councils to correct an historical anomaly. For example where the boundary
        intercepts one or more privately owned properties.



       BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
       Where the common boundary of two or more councils requires adjustment
        following the physical realignment of a common road.
       Where the common boundary of two or more councils requires adjustment
        within the area covered by an existent road to clarify the councils’
        responsibility with regard to traffic and vehicle management.
       To include vacant unincorporated land into a council area.

Delegation of minor matters in the first instance to the Chair will mean Councils will
experience less delay in receiving decisions about submissions made to the BAFP.

The Instrument of Delegation was adopted by the BAFP in May 2009.


BAFP Guidelines

Work has been ongoing to improve the clarity and accessibility of the guidelines for
public initiated submissions. The BAFP felt the current guidelines make it difficult
for concerned citizens to prepare a submission and have their matter heard by a
Council or the BAFP.

The BAFP is keen to raise the level of councils’ and the electors’ awareness of its
roles and responsibilities in relation to public initiated submissions, especially where
electors can request the BAFP to review a Council’s decision on a representation
review.

A final draft has been prepared and it is expected that the guidelines will be adopted
by the BAFP shortly.


Representation Reviews

Under the Local Government Act 1999 the BAFP can accept a submission from a
group of eligible electors: “to alter the composition of the council or the
representative structure of the council (including by the creation, alteration or
abolition of wards);” s28(2)(b).

The Panel also has the power to exempt a council from the requirement to hold a
review under Section 12 of the Act on the basis that relevant issues have already
been addressed by a proposal under the Act.

The LGA, in consultation with OSLGR and the Electoral Commission SA, has
produced guidelines for Councils Undertaking a Local Government Representation
Review in South Australia including a section on the role of the Boundary
Adjustment Facilitation Panel.

The Chair of the BAFP was part of this consultation process.




       BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                                                                                APPENDIX 1
                                  MEMBER PROFILES
                                     (as at 30 June 2009)



Minister for State/Local Government Relations nominees
Mrs Margaret Wagstaff -
has held a range of senior public service roles in South Australia and Victoria, in
both metropolitan and regional areas. Since leaving the full-time workforce, Ms
Wagstaff has held board positions in the health, child protection and community
education fields. In 2002 she was appointed to the Social Inclusion Board and
currently represents the Commissioner for Social Inclusion on the Community
Engagement Board for the South Australian Strategic Plan.
Ms Wagstaff also works as a human services consultant in South Australia and
Victoria. Major areas of consultancy relate to services for children with a disability
and their families, child protection and care services, juvenile justice, family support
and local government.
Ms Wagstaff was appointed to the BAFP in November 2007

Ms Carolyn Procter -
worked in the Public Sector for over 35 years and at the time of her retirement held
the position of Executive Director, Office of Local Government, Department for
Transport and Urban Planning.
As Executive Director, Office of Local Government, Ms Procter was responsible for
providing leadership to the Office of Local Government, which included objectives
for the operation and reform of Local Government in South Australia, developing
strategic directions, providing policy and strategic advice to the Minister, promoting
cross portfolio and cross agency coordination and liaison with Local Government,
other States/Territories and the Commonwealth.
Ms Procter also worked for a period following retirement from the State Public
Service as Executive Officer for SA Local Government Consulting Inc, an
organisation that provided world-class expertise, particularly through overseas aid
programs, across a range of areas relating to local governance. Ms Procter was
appointed by the then Minister for Further Education, Employment, Science and
Technology to the Board of AusTraining International in 2005.

Local Government Association nominees
Councillor Ann Irving -
was elected as a Councillor for the City of Salisbury in 1983 to the present. Cr Irving
has held a number of positions whilst in Council including proxy member of the
Public and Environmental Health Council, Chairperson, Development Assessment
Committee, Deputy Member of MFP Mawson Lakes Development Assessment
Committee, member on all Council standing committees and a number of sub-
committees (Youth Policy And Strategy Sub-Committee, Sporting and Recreation
Group Funding Allocation Sub-Committee, Business Unit Budget Sub-Committee),
Council’s voting representative to the Local Government Association, member of
Council’s Environmental Strategy Committee and advisor to the Senior Citizens
Management Committee.



     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
Cr Irving has also been an associate member of the Korea and South East Forces
Association, associate member of the Merchant Navy Association, Patron of the
Para Hills Lawn Bowling Club, Patron of the Para Hills Football Club, and Honorary
Member of the Para Hills Soccer Club.
Cr Irving was appointed to the BAFP in September 2002.

Mayor James Maitland, Wakefield Regional Council
was elected as Mayor, Wakefield Regional Council in 1997 to the present. Mayor
Maitland has been an elected member since 1985 representing the pre-
amalgamated councils of District Council of Blyth, and the District Council of Blyth-
Snowtown. He was also Deputy Chairman in the latter Council for the period 1987 to
1989.
Mayor Maitland has served as a Local Government Executive Member, Mid North
Local Government Region (1988 to 1989), and on the Central Local Government
Region of SA both as Deputy Chairman (1999-2002) and Chairman (2002 to
present). He is currently the Central Zone Delegate on the LGA State Executive.
Mayor Maitland was appointed to the BAFP in August 2006.




     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR
                                                                                APPENDIX 2

                 BOUNDARY ADJUSTMENT FACILITATION PANEL DETAILS


OUR LOCATION IS –

     7th Floor
      Roma Mitchell House
      136 North Terrace
      Adelaide 5000


BAFP CAN BE CONTACTED BY -

     Post Office Box 8021
      Station Arcade SA 5000

     (08) 8204 8700

     (08) 8204 8734

     localgov@saugov.sa.gov.au


A LINK TO OUR WEB PAGE CAN BE FOUND AT –

     http://www.localgovt.sa.gov.au/about_us/boundary_adjustment_facilitation_panel




     BOUNDARY ADJUSTMENT FACILITATION PANEL ANNUAL REPORT FOR THE 2008-2009 FINANCIAL YEAR

				
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