2014-01-13 Item 6.3 Appendices 1-5

Local Government (De-amalgamation Implementation) Regulation 2013                                 |
Part 5 Local laws and other instruments
[s 48]                                                                                            |
             de-amalgamation under this regulation had not occurred, have
             ceased to have effect under the Act.
        (4)  In this section—
             instrument does not include a planning instrument.

48      Pending legal proceedings
        (1)  Despite anything else in this regulation, a pending legal
             proceeding by or against a continuing local government for a
             matter relating to the new local government area of the related
             new local government must, from the changeover day, be
             started or continued by or against the new local government.
        (2)  In this section—
             pending legal proceeding, by or against a continuing local
             government, means a legal proceeding that—
             (a)   could have been started or continued by or against the
                   continuing local government before the changeover day;
                   and
             (b)   is not finished before the changeover day.

49      Administrative processes
             An administrative process that could have been started or
             continued by or against a continuing local government before
             the changeover day for a matter relating to the new local
             government area of the related new local government may,
             from the changeover day, be started or continued by or against
             the new local government.

 50      References in documents
        (1)  Ina document relating to the new local government area of a
             new local government, including, for example, a contract to
             which a continuing local government is a party, a reference to
             the continuing local government may, if the context permits,
             be taken to be—
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