Schedule 1, item [9] of the Local Government Amendment Act 2012 No 15 commenced on 10 August 2012, which has inserted a new section 451(4) and (5) into the LG Act. Section 451 of the LG Act deals with disclosure and presence in meetings. Subparagraphs (1) and (2) currently provide as follows (our emphasis):
451 Disclosure and presence in meetings
(1) A councillor or a member of a council committee who has a pecuniary interest in any matter with which the council is concerned and who is present at a meeting of the council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
(2) The councillor or member must not be present at, or in sight of, the meeting of the council or committee:
(a) at any time during which the matter is being considered or discussed by the council or committee, or
(b) at any time during which the council or committee is voting on any question in relation to the matter.
Section 451(4) and (5) are inserted to make further provision with respect to disclosures of pecuniary interests. These new subparagraphs provide as follows (our emphasis):
(4) Subsections (1) and (2) do not apply to a councillor who has a pecuniary interest in a matter that is being considered at a meeting, if:
(a) the matter is a proposal relating to:
(i) the making of a principal environmental planning instrument applying to the whole or a significant part of the council’s area, or
(ii) the amendment, alteration or repeal of an environmental planning instrument where the amendment, alteration or repeal applies to the whole or a significant part of the council’s area, and
(b) the councillor made a special disclosure under this section in relation to the interest before the commencement of the meeting.
(5) The special disclosure of the pecuniary interest must, as soon as practicable after the disclosure is made, be laid on the table at a meeting of the council and must:
(a) be in the form prescribed by the regulations, and
(b) contain the information required by the regulations.
…
Accordingly, section 451(4) and (5) provide an exception to the requirements that a councilor who has a pecuniary interest must disclose the nature of the interest to the meeting as soon as practicable and must not be present at, or in sight of, the meeting of the council or committee, if the matter is a proposal relating to the making, amendment, alteration or repeal of an environmental planning instrument, and the councilor made a special disclosure in relation to his/her interest before the commencement of the meeting. Furthermore, the special disclosure of the pecuniary interest must be laid on the table at the meeting of the council as soon as practicable after the disclosure is made, and must be in the form prescribed (see above), and contain the information required.
Note: This information is not to be relied upon as legal advice.