Joint Arrangement Phase
From its inception in 2007 until February 2018, the project was conducted as a joint arrangement between the Constituent Councils in accordance with a Memorandum of Agreement dated December 2008.
The Memorandum of Agreement included the following principal objectives and provisions:
- The Councils would establish a regional subsidiary in terms consistent with principles for stormwater management including implementation of works and services of the relevant SMP.
- The Councils would work collaboratively through a steering group, comprising chief executives or their delegate, with the power to employ a Project Director, engage expert advice and establish a technical support group (along with other provisions).
- The City of Unley (as ‘host’ Council) would provide for the administrative functions of the project, including entering into agreements with third parties, holding moneys, keeping financial and other records, and employing support staff.
During the joint arrangement phase the SMP was developed as a collaborative effort leading to its subsequent approval by the SMA and gazettal of its adoption in February 2017. Certain investigations and works of the SMP were also delivered during the joint arrangement phase.
A condition of the SMA approving the SMP was that a Regional Subsidiary be established within 12 months to implement the SMP and manage its works and other measures on behalf of the Constituent Councils. The Regional Subsidiary, known as ‘The Brown Hill and Keswick Creeks Stormwater Board’ (the ‘Board’) was established in February 2018 pursuant to Section 43 of and Schedule 2 to the Local Government Act 1999. The Board is governed by the Charter prepared by the five Constituent Councils and subsequently approved by the Minister for Local Government.
The Charter governs the affairs of the Board by setting out its purpose, function and powers, including governance provisions of Schedule 2 of the Local Government Act. It also provides the Constituent Councils with a legally enforceable agreement specifying their rights and obligations in achieving common interests.