Here is the structured analysis of every section examined, identifying what changed and what did not from the LGA 1995 (WA) as passed to the LGA 1995 (WA), 2025 version.
Comparison: LGA 1995 As Passed vs Current (as at 1 February 2025)
Section 3.1 — General function
CHANGED – significantly expanded
As passed: Two subsections only. (1) General function is to provide for good government. (2) Scope construed in context of other functions and constraints under this Act or any written law. (3) Liberal approach to construction.
Current: New subsection 1A inserted by No. 11 of 2023 s. 21, adding three mandatory considerations when performing the general function:
(a) Need to promote economic, social and environmental sustainability; plan for and mitigate risks associated with climate change; consider long-term consequences and impacts on future generations.
(b) Need to recognise the particular interests of Aboriginal people and involve them in decision-making.
(c) Need to consider collaboration with other local governments.
Subsections (2) and (3) unchanged in substance.
Significance: The general function now carries mandatory considerations including climate change, Aboriginal interests and intergenerational equity. These are policy directions embedded in the statute. They expand the framing of the general function but do not expand the source of legal authority. Subsection (2) remains unchanged – scope is still constrained by this Act and any other written law. The liberal construction principle at subsection (3) is unchanged.
Section 3.2 — Relationship to State Government
UNCHANGED – identical in both versions.
Section 3.3 — Act not to affect Crown’s rights concerning alienated land
UNCHANGED – word for word identical. The Crown’s rights over alienated land are preserved in precisely the same terms in the current Act as in the 1995 as-passed version. This is the single most important provision for the Crown Grant argument and Parliament has left it completely untouched through thirty years of amendments.
Section 3.4 — Functions may be legislative or executive
UNCHANGED – identical.
Section 2.7 — Role of the council
SUBSTANTIALLY CHANGED by No. 47 of 2024 s. 5 – the most recent significant amendment.
As passed: Two subsections. The council directs and controls the local government’s affairs and is responsible for performance of its functions. Without limiting that, oversees finances and determines policies.
Current: Six subsections. The heading changed from “The role of the council” to “Role of council.” The council now “governs” rather than “directs and controls.” The governing role is described in much greater detail:
New subsection (2) lists the governing role including: overseeing finances and resources; determining policies; planning strategically for the future; determining services and facilities; selecting the CEO and reviewing the CEO’s performance; providing strategic direction to the CEO.
New subsection (3) – the separation of powers principle: the council’s governing role is separate from the CEO’s executive role and the council must respect that separation.
New subsection (4) – decisions must be made on the basis of evidence, on the merits and in accordance with the law, taking into account finances and resources.
New subsection (5) – the council must support an organisational culture promoting respectful and fair treatment of employees.
New subsection (6) – the council has other functions given under this Act or any other written law.
Significance: The explicit separation of council governing role from CEO executive role is now statutory. The council governs. The CEO executes. This reinforces that a CEO acting without council authority has no governing function and cannot exercise powers not specifically delegated.
Section 2.8 — Role of the mayor or president
CHANGED by No. 47 of 2024 s. 6.
As passed: The mayor presides, provides leadership, carries out civic duties, speaks on behalf of the local government, performs other functions given by the Act, and liaises with the CEO.
Current: Substantially rewritten. The mayor now provides leadership and guidance to the council and council members (previously to the community). Acts as principal spokesperson at all times acting consistently with council decisions. Presides at meetings ensuring they are orderly. Promotes, facilitates and supports positive and constructive working relationships among council members. Liaises with CEO.
The speaking role is now explicitly constrained – the mayor acts consistently with council decisions. Previously broader.
New note makes clear the role can be affected by other provisions.
Significance: The mayor’s authority is now explicitly tethered to council decisions. No independent mayoral authority exists outside of what council decides.
Section 2.10 — Role of councillors
CHANGED by No. 47 of 2024. More detailed, includes obligation to act consistently with the new section 2.7(3) to (5) separation provisions. Also now explicitly includes obligation to maintain and develop skills. The functions remain statute-sourced only.
Section 5.41 — Functions of CEO
SUBSTANTIALLY CHANGED – replaced entirely by No. 47 of 2024 s. 50.
As passed: A list of nine functions including advising the council, causing decisions to be implemented, managing day to day operations, liaising with the mayor, speaking on behalf if the mayor agrees, being responsible for employment and management of staff, keeping records, and performing other functions specified or delegated.
Current: Five subsections, restructured around the concept of the CEO’s “executive role.”
Subsection (1): The CEO is “responsible for managing the local government’s administration and operations.”
Subsection (2): The executive role includes causing council decisions to be implemented; managing service provision the council has determined; determining procedures for implementing council policies and managing administration and operations; being responsible for employment, management and dismissal of other employees; ensuring records are kept.
Subsection (3): The CEO is “the council’s principal advisor” and advises and procures advice for the council in relation to the local government’s affairs and ensures the council has information and advice to make informed and timely decisions.
Subsection (4): Liaises with mayor or president; speaks on behalf of local government if mayor or president agrees.
Subsection (5): Performs other functions specified or delegated by the local government or imposed under this Act or another written law.
Significance: The CEO’s role is now expressly framed as executive not governing. The CEO implements council decisions, does not make them. The principal advisor framing is new and significant – it clarifies that the CEO’s advisory function flows upward to the council, not downward as authority to the community. The separation from the governing role is now explicit and statutory.
Section 5.42 — Delegation to CEO
MINOR CHANGE – expanded to include delegation of powers under the Planning and Development Act 2005 section 214(2), (3) or (5). The core framework – absolute majority required, must be in writing – unchanged.
Section 5.43 — Limits on delegations to CEO
MINOR CHANGE – additional items added: sections 5.98A, 5.99A, 5.100 and 5.129 added to list of non-delegable powers. New subsection (ha) adds that the power under section 9.49A(4) to authorise a person to sign documents cannot be delegated to the CEO. The 75% majority reference was removed – non-delegable now covers only absolute majority decisions. Core principle unchanged.
Section 5.44 — CEO may delegate to employees
EXPANDED – new subsections (3), (4) and (5) added. These clarify that where the CEO’s power derives from a delegation from the council, any sub-delegation to an employee is subject to conditions the council imposed on its delegation to the CEO, and the CEO may add further conditions. The requirement that delegation be in writing is unchanged.
Significance: This is the new provision that most clearly addresses the sub-delegation chain. If the council imposes conditions on its delegation to the CEO, those conditions bind the CEO’s delegates. A CEO cannot sub-delegate more than the council gave.
Sections 6.71 to 6.75 — Transfer of land, title, Crown rights
UNCHANGED IN SUBSTANCE – only minor technical amendments.
Section 6.71 amended by No. 47 of 2011 s. 16 – “Registrar of Deeds” updated to “Registrar of Deeds and Transfers.” Substance unchanged.
Section 6.72 amended by No. 81 of 1996 s. 153(1) – “assurance fund” reference updated to “State with the Registrar as the nominal defendant under the Transfer of Land Act 1893.” Substance unchanged.
Section 6.74 amended by No. 49 of 2004 s. 64(1) and No. 47 of 2011 s. 16 – similar Registrar title update and cross-reference to Schedule 6.3 clause 8. Substance unchanged.
Section 6.75 – unchanged in substance.
The Crown rights provisions, the subject-to provisions, and the reservation of Crown interests have not been touched.
Section 9.41 — Proving ownership by certificate
MINOR CHANGE – “Registrar of Deeds” updated to “Registrar of Deeds and Transfers” and the Land Act 1933 reference in subsection (2) updated to Land Administration Act 1997. Substance and evidentiary rules unchanged.
Section 9.55 — Effect of document on persons deriving title
UNCHANGED – identical in both versions.
Schedule 9.3, clause 15 — Employees
UNCHANGED – the provision deeming the former clerk to become the CEO on commencement day, preserving employment terms and accruing rights, is identical word for word in the current version as in the 1995 as-passed version.
Summary of what this means
Three categories emerge from the comparison.
Unchanged and still operative: Section 3.3 preserving Crown rights over alienated land. Sections 6.71-6.75 preserving Crown interests in land transfer. Section 9.55 on persons deriving title. Section 9.41 on proving ownership. Schedule 9.3 clause 15. The fundamental architecture of statutory authority – power conferred, not inherent – is completely unchanged.
Changed to reinforce statutory limits: Sections 2.7, 2.8, 5.41, 5.42, 5.43, 5.44 have all been strengthened in the direction of clearer separation between council governing authority and CEO executive function, with tighter controls on delegation chains. The 2024 amendments in particular make it impossible to argue that the CEO has any governing authority or any power not either expressly stated in the Act or specifically delegated by the council in writing by absolute majority.
Changed to expand policy considerations: Section 3.1 now includes climate change, Aboriginal interests and intergenerational equity as mandatory considerations in performing the general function. These are significant policy additions but do not create new legal authority and do not affect the statutory source principle.
Lex posterior derogat priori – later law overrides earlier law. But where the later law is silent and the earlier provisions remain, they continue in force. The Crown’s rights under section 3.3 have survived thirty years of amendment untouched. That silence is not an oversight. It is a continuous and deliberate parliamentary confirmation that the Crown Grant incidents remain operative, that the local government body corporate has no authority over them, and that nothing in the LGA 1995 extinguishes them.
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