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Decentralization (Amendment) Act 2013

REPUBLIC OF VANUATU
DECENTRALIZATION (AMENDMENT) ACT NO. 16 OF 2013

Arrangement of Sections

1 Amendment
2 Commencement

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Assent: 14/10/2013
Commencement: 04/11/2013

DECENTRALIZATION (AMENDMENT) ACT NO. 16 OF 2013

An Act to amend the Decentralization Act [CAP 230].
Be it enacted by the President and Parliament as follows-

1 Amendment
The Decentralization Act [CAP 230] is amended as set out in the Schedule.

2 Commencement
This Act commences on the day on which it is published in the Gazette.

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SCHEDULE
AMENDMENTS OF THE DECENTRALIZATION ACT [CAP 230]

1 After Section 4A
Insert

“4AA Functions of an area council

The functions of an area council are to:

(a) review and consolidate community action plans for each community within that area council division or district; and

(b) develop an area council Strategic Development Plan for the relevant area council division or district; and

(c) coordinate, monitor and report to the relevant Local Government Council on the implementation of the relevant area council Strategic Development Plan.

4AB Appointment of members of an area council
(1) The Minister may by Order, upon the recommendation of the relevant Local Government Council, appoint members for each area council in the relevant Local Government Region.

(2) The members of an area council appointed under subsection (1) consist of:

(a) chiefs appointed by the relevant Local Government Council from amongst persons nominated by representative bodies of chiefs in the relevant area council division or district; and

(b) women representatives appointed by the relevant Local Government Council from amongst persons nominated by representative bodies of women in the relevant area council division or district; and

(c) youth representatives appointed by the relevant Local government Council from amongst persons nominated by representative bodies of youth in the relevant area council division or district; and

(d) church representatives appointed by the relevant Local Government Council from amongst persons nominated by representative bodies of churches in the relevant area council division or district; and

(e) business representatives appointed by the relevant Local Government Council from amongst persons nominated by representative bodies of businesses in the relevant area council division or district.

(3) A member appointed under subsection(1) is to hold office for period of 4 years and is eligible for reappointment.

4AC Conduct of business of an area council
(1) The Minister may by order and upon the recommendation of the relevant Local Government Council designate an office space to be the headquarter of the relevant area council.

(2) An area council must hold its meetings in public at the headquarter of the relevant area council.

(3) An area council must hold its meetings at least 4 times each year.

(4) Despite subsection (3), an area council may hold extraordinary meetings at the request of the relevant Local Government Council or of more than half of the members of the area council.

(5) The Chairperson of an area council must be a Chief appointed under paragraph 4AB(2)(a).

(6) The Chairperson is to preside at all meetings of an area council.

(7) If the Chairperson is absent, the Deputy Chairperson is to chair the meetings of an area council.

(8) The members appointed under paragraphs 4AB(2)(b) to (e) are to nominate from amongst themselves a member to be the Deputy Chairperson of an area council.

(9) An elected member of a Local Government Council may attend a meeting of an area council on the request of that area council.

(10) The Chairperson and members of an area council are entitled to the following sitting allowances:

(a) Chairperson –VT5,000 per sitting;

(b) member –VT 3,000 per sitting.

(11) An area council is to make its own standing orders.

4AD Funds of an area council
(1) The funds of an area council consist of:

(a) monies received from the relevant Local Government Council; and

(b) monies received from other sources.

(2) An area council is to open its own bank account in any financial institution provided for under the Financial Institutions Act [CAP 254].”

2 After Section 4C
Insert

“4D Establishment of Technical Advisory Commission

(1) The Technical Advisory Commission is established within each Local Government Region.

(2) The Commission consists of the following members:

(a) the Secretary General of a Local Government Region, who is to be the Chairperson of the Commission; and

(b) heads of government departments based in a Local Government Region.

(3) The functions of the Commission are to:

(a) review and consolidate action plans for each area council in the relevant Local Government Region; and

(b) develop a Local Government Region Strategic Development Plan for the relevant Local Government Region; and

(c) coordinate, monitor and report to the relevant Local Government Council on the progress of implementation of the relevant Local Government Region Strategic Development Plan; and

(d) assist the relevant Secretary General in the coordination of Government services in the relevant Local Government Region.

(4) The Commission must hold its meeting once in each month and may hold such other meetings as may be requested by the Chairperson.

(5) The quorum at a meeting of the Commission is a simple majority of the members present at that meeting.

(6) The Commission may regulate its own procedures.

(7) A Local Government Region Strategic Development Plan must be approved by the relevant Local Government Council before it can be implemented.”

3 Paragraph 23(3)(a)
Delete “VT 30,000”, substitute “VT 60,000”.