Local Government Act 1993 No 30, No provisions
Status information, No provisions
Long title, No provisions
Chapter 1 — Preliminary
s 1 Name of Act s 2 Commencement s 3 Definitions s 4 Does this Act bind the Crown? s 5 To what parts of the State does this Act apply? s 6 Notes in the text Chapter 2 — What are the purposes of this Act?
s 7 Purposes of Act Chapter 3 — Principles for local government
s 8 Object of principles s 8A Guiding principles for councils s 8B Principles of sound financial management s 8C Integrated planning and reporting principles that apply to councils Chapter 4 — How can the community influence what a council does?
Part 1 — Open meetings
s 9 Public notice of meetings s 10 Who is entitled to attend meetings? s 10A Which parts of a meeting can be closed to the public? s 10B Further limitations relating to closure of parts of meetings to public s 10C Notice of likelihood of closure not required in urgent cases s 10D Grounds for closing part of meeting to be specified s 10E (Repealed) s 11 Public access to correspondence and reports Part 3 — Expressions of community opinion
Division 1 — Council polls
s 14 Council polls Division 2 — Constitutional referendums
s 15 What is a constitutional referendum? s 16 What matters must be dealt with at a constitutional referendum? s 17 What is the effect of a constitutional referendum? Division 3 — General provisions concerning a council poll or constitutional referendum
s 18 What provisions apply to the conduct of a council poll or constitutional referendum? s 19 Day for taking council poll or constitutional referendum s 20 When is a question at a council poll or constitutional referendum carried? Chapter 5 — What are a council’s functions?
s 21 Functions under this Act s 22 Other functions s 23 Supplementary, incidental and consequential functions s 23A Departmental Chief Executive’s guidelines Chapter 6 — What are the service functions of councils?
Part 1 — General
s 24 Provision of goods, services and facilities and carrying out of activities Part 2 — Public land
Division 1 — Classification and reclassification of public land
s 25 All public land must be classified s 26 What are the classifications? s 27 How are the classifications made? s 28 Forwarding of planning proposals to Minister for Planning s 29 Public hearing into reclassification s 30 Reclassification of community land as operational s 31 Classification of land acquired after 1 July 1993 s 32 Reclassification of land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979 s 33 Reclassification of operational land as community land s 34 Public notice to be given of classification or reclassification by council resolution Division 2 — Use and management of community land
s 35 What governs the use and management of community land? s 36 Preparation of draft plans of management for community land s 36A Community land comprising the habitat of endangered species s 36B Community land comprising the habitat of threatened species s 36C Community land containing significant natural features s 36D Community land comprising area of cultural significance s 36DA Location of places and items of Aboriginal significance may be kept confidential s 36E Core objectives for management of community land categorised as a natural area s 36F Core objectives for management of community land categorised as a sportsground s 36G Core objectives for management of community land categorised as a park s 36H Core objectives for management of community land categorised as an area of cultural significance s 36I Core objectives for management of community land categorised as general community use s 36J Core objectives for management of community land categorised as bushland s 36K Core objectives for management of community land categorised as wetland s 36L Core objectives for management of community land categorised as an escarpment s 36M Core objectives for management of community land categorised as a watercourse s 36N Core objectives for management of community land categorised as foreshore s 37 Requirements of plans of management for community land that is not owned by the council s 38 Public notice of draft plans of management s 39 Notice to owner of draft plan of management s 40 Adoption of plans of management s 40A Public hearing in relation to proposed plans of management s 41 Amendment of plans of management s 42 Revocation and cessation of plans of management s 43 Public availability of plans of management s 44 Use of community land pending adoption of plan of management s 45 What dealings can a council have in community land? s 46 Leases, licences and other estates in respect of community land—generally s 46A Means of granting leases, licences and other estates s 47 Leases, licences and other estates in respect of community land—terms greater than 5 years s 47A Leases, licences and other estates in respect of community land—terms of 5 years or less s 47AA Special provisions for leases, licences and other estates granted for filming projects s 47B Lease or licence in respect of natural area s 47C Sublease of community land s 47D Occupation of community land otherwise than by lease or licence s 47E Development of community land s 47F Dedication of community land as public road Division 3 — Miscellaneous
s 47G Public hearings s 48 Responsibility for certain public reserves s 49 Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance s 50 Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964 s 51 Use of land held for drainage purposes s 52 Effect of Environmental Planning and Assessment Act 1979, s 3.16 s 53 The council’s land register s 54 Certificate as to classification of land s 54A Community land to be described in common terms s 54B Transfer of certain institutional private trust land Part 2A — Environmental upgrade agreements
s 54C Definitions s 54D Environmental upgrade agreement s 54E What are environmental upgrade works? s 54F Buildings that can be subject of environmental upgrade agreement s 54G Contents of environmental upgrade agreement s 54H Council fees under agreement s 54I Power to levy environmental upgrade charge s 54J Application of other charge provisions to environmental upgrade charge s 54K Special provisions relating to strata buildings s 54L Payment of environmental upgrade charge s 54M Liability of council to recover charge s 54N Recovery of contributions from lessees s 54O Agreements to be made on a voluntary basis s 54P Reporting requirements s 54Q Guidelines s 54R Changes to council area Part 3 — Restraints and qualifications that apply to service functions
Division 1 — Tendering
s 55 Requirements for tendering s 55A Extended operation of section 55 to council-related entities Division 2 — Water supply, sewerage and stormwater drainage works and facilities
s 56 Application of Division s 57 Construction of works s 58 Handing over of works s 59 Vesting of works s 59A Ownership of water supply, sewerage and stormwater drainage works s 60 Ministerial approval required for certain council works s 61 Ministerial directions concerning certain works s 62 Ministerial powers during emergencies s 63 Effect of failure to comply with directions s 64 Construction of works for developers s 65 Powers of Minister for Water, Property and Housing—entry on to land and other powers s 66 Appointment of administrator Division 3 — Private works
s 67 Private works Chapter 7 — What are the regulatory functions of councils?
Part 1 — Approvals
Division 1 — What activities require approval?
s 68 What activities, generally, require the approval of the council? s 68A Meaning of “operate a system of sewage management” s 68B Approvals not personal property under Personal Property Securities Act 2009 (Cth) Division 2 — Crown activities
s 69 Crown exemption from approval to do things incidental to erection or demolition of building s 70, 71 (Repealed) s 72 Determination of applications by the Crown s 73 Effect of council’s failure to determine Crown application s 74 Prohibition on appeals concerning Crown applications Division 3 — Making and determination of applications for approval—generally
s 75 Applications for approval s 76 What may an application relate to? s 77 Relevant regulations and local policies to be brought to notice of intending applicants s 78 Who may make an application? s 79 What is the form of application? s 80 Is there an application fee? s 81 What matters must accompany an application? s 82 Objections to application of regulations and local policies s 83 Ownership and use of plans and specifications s 84 Acknowledgment of application s 85 Rejection of unclear or illegible applications s 86 Request for more information s 87 Amendment of applications s 88 Withdrawal of applications s 89 Matters for consideration s 90 Concurrence s 91 Giving effect to concurrence s 92 Approval where an accreditation is in force s 93 Certification by qualified persons s 94 Determination of application s 95 “Deferred commencement” approval s 96 Staged approval s 97 Conditions concerning security s 98 Other conditions s 99 Notice to applicant of determination of application s 100 Review of determination s 101 Date from which approval operates s 102 Insurance for residential building work s 102A Evidence of insurance-related matters s 103 When does an approval lapse? s 104 (Repealed) s 105 Circumstances in which approval is taken to have been refused s 106 Can approvals be amended? s 107 Can approvals be extended or renewed? s 107A Special provision—renewal of approvals relating to operation of sewage management systems s 108 Can approvals be revoked or modified? s 109 In what circumstances can an approval be revoked or modified? s 110 Notice to be given of proposed revocation or modification s 111 Application of secs 108, 109 and 110 to the Crown s 112 Entitlement to compensation s 113 Record of approvals Division 4 — Approvals for filming
s 114 What is the purpose of this Division? s 115 Applications for approvals for filming s 116 Form of, and security deposits, bonds, fees and charges for, filming proposal s 117 Acknowledgment of application and notification of fees s 118 What matters must accompany a filming proposal? s 119 Filming protocol to be brought to attention of intending applicants s 119A Amendment and withdrawal of applications s 119B Application for approvals under Division 3 s 119C Application for approval other than under Division 3 s 119CA Presumption in favour of grant of approval s 119D Applicable filming protocol s 119E Advertising or notification of applications made in filming proposal s 119F Application of this Division Division 5 — Accreditation of components, processes and designs
s 120 Application for accreditation s 121 Determination of application s 122 Revocation of accreditation s 123 Councils to be informed of accreditation and revocation s 123A Application for extension or renewal of accreditation s 123B Acceptance of accreditation by others Part 2 — Orders
Division 1 — Giving of orders
s 124 Orders s 125 Abatement of public nuisances s 126 Giving orders to public authorities s 127 Making of regulations for the purposes of this Division s 128 Catchment districts s 128A Orders about removal or keeping of waste Division 2 — Procedures to be observed before giving orders
s 129 Circumstances in which compliance with this Division is required s 130 Effect of compliance with this Division s 131 Criteria to be considered before order is given s 131A Orders that make or are likely to make residents homeless s 132 Notice to be given of proposed order s 133 Making of representations s 134 Hearing and consideration of representations s 135 Procedure after hearing and consideration of representations Division 3 — Orders generally
s 136 Reasons for orders to be given s 137 Period for compliance with order s 138 Notice of right to appeal against order s 138A Approval or consent not required to comply with order s 139 Order may specify standards and work that will satisfy those standards s 140 Compliance with order referred to in sec 139(2) s 141 Council’s response to submission of particulars of work by owner s 142 Orders affecting heritage items s 143 Combined orders s 144 Giving and taking effect of orders s 145 Orders may be given to two or more persons jointly s 146 Notice in respect of land or building owned or occupied by more than one person s 147 Compliance with orders by occupiers or managers s 148 Occupier of land may be required to permit owner to carry out work s 149-151 149–151 (Repealed) s 152 Modification of orders s 153 Revocation of orders s 154 The Minister may exercise any function concerning an order that a council may exercise s 155 Effect of inconsistency between council’s order and Minister’s order s 156 Minister may revoke or modify a council’s order s 157 Limitation on Minister’s orders Part 3 — Adoption of local policies concerning approvals and orders
s 158 Preparation of draft local policy for approvals s 159 Preparation of draft local policy for orders s 160 Public notice and exhibition of draft local policy s 161 Adoption of draft local policy s 162 Departmental Chief Executive’s consent required to exemption from necessity for approval s 163 Effect of inconsistency between council’s local policy and this Act or the regulations s 164 Local policy not to be more onerous than this Act or the regulations s 165 Amendment and revocation of local policy s 166 Public notice of adoption of local policy s 167 Public availability of local policy Part 5 — Appeals
Division 1 — Approvals and orders
s 176 Appeal by an applicant concerning an approval s 177 Appeal by an applicant as to whether a “deferred commencement” approval operates s 178 Appeal against the revocation or modification of an approval s 178A Appeals relating to mutual recognition of approvals s 179 Awarding of compensation concerning approvals s 180 Appeals concerning orders s 181 Awarding of compensation concerning orders s 182 Appeals concerning particulars of work submitted to councils s 183 Effect of appeal on order s 184 Court’s powers not limited by this Division Chapter 8 — What ancillary functions does a council have?
Part 1 — Acquisition of land
s 186 For what purposes may a council acquire land? s 187 How does a council acquire land? s 188 Restriction on compulsory acquisition of land for re-sale s 189 No restriction as to area s 190 Special provisions relating to land containing minerals Part 2 — Entry on to land and other powers
s 191 Power of entry s 191A Power of entry—construction and maintenance of water supply, sewerage and stormwater drainage works s 192 Inspections and investigations s 193 Notice of entry s 194 Use of force s 195 Notification of use of force or urgent entry s 196 Care to be taken s 197 Recovery of cost of entry and inspection s 198 Compensation s 199 Authority to enter premises s 200 In what circumstances can entry be made to a residence? s 201 Search warrants Part 3 — Special entertainment precincts
s 202 Definitions s 202A Meaning of “entertainment activity” s 202B Meaning of “special entertainment precinct” s 202C Establishing special entertainment precincts s 202D Preparation of precinct management plan s 202E Relationship with other instruments s 203 Minister’s guidelines Chapter 9 — How are councils established?
Part 1 — Areas
Division 1 — How are areas constituted and dissolved?
s 204 Constitution of areas s 205 Land taken to be included in an area s 206 Constitution of cities s 207 Names of areas s 208 Effect of changing name s 209 (Repealed) s 210 Division of areas into wards s 210A Consultation, public notice and exhibition of proposals regarding ward boundaries s 210B Approval to abolish all wards in council’s area s 211 Ward boundaries s 212 Dissolution of areas s 213 Facilitating provisions of proclamations Division 2 — What must be done before areas can be constituted?
s 214 Exercise of functions under sec 204 s 215 Who may initiate a proposal? s 216 Public notice to be given of a proposal s 217 Making of representations s 218 Referral of proposal for examination and report Division 2A — How are areas amalgamated, de-amalgamated or their boundaries altered?
s 218A Amalgamation of areas s 218B Alteration of boundaries of areas s 218C Facilitating provisions of proclamations s 218CA Maintenance of staff numbers in rural centres s 218CB Transitional provision for maintenance of pre-amalgamation rate paths s 218CC Costs of de-amalgamations s 218CD De-amalgamation of amalgamated areas Division 2B — What must be done before areas can be amalgamated or their boundaries altered?
s 218D Exercise of functions under secs 218A and 218B s 218E Who may initiate a proposal? s 218F Referral of proposal for examination and report Part 2 — Councils
Division 1 — Constitution
s 219 Constitution of councils s 220 Legal status of a council s 221 What is a council’s name? s 222 Who comprise the governing body? s 223 Role of governing body s 224 How many councillors does a council have? s 224A Approval to reduce number of councillors Division 2 — The mayor
s 225 The mayor s 226 Role of mayor s 227 Who elects the mayor? s 228 How is it decided that the mayor be elected by the electors? s 229 Can the decision be changed? s 230 For what period is a mayor elected? s 231 Deputy mayor Division 3 — The councillors
s 232 The role of a councillor s 233 For what period is a councillor elected? s 233A Oath and affirmation for councillors s 234 When does a vacancy occur in a civic office? Division 4 — Local Government Remuneration Tribunal
s 235 Local Government Remuneration Tribunal s 236 Assessors s 237 Provisions relating to the appointment, term of office and remuneration of the Remuneration Tribunal and assessors s 238 Functions of the Remuneration Tribunal s 239 Categorisation of councils and mayoral offices s 240 How are the categories to be determined? s 241 Determination of fees s 242 Special determinations s 242A Tribunal to give effect to declared government policy on remuneration for public sector staff s 243 Inquiries s 244 Reports of the Remuneration Tribunal s 245 Publication and tabling of reports s 246 Effect of determination s 247 Assistance for the Remuneration Tribunal Division 5 — What fees, expenses and facilities may be paid or provided to councillors?
s 248 Fixing and payment of annual fees for councillors s 248A Annual fees or other remuneration not to be paid during period of suspension s 249 Fixing and payment of annual fees for the mayor s 250 At what intervals are fees to be paid? s 251 What is the consequence of paying fees? s 252 Payment of expenses and provision of facilities s 253 Requirements before policy concerning expenses and facilities can be adopted or amended s 254 Decision to be made in open meeting s 254A Circumstances in which annual fees may be withheld s 254B Payment for superannuation contributions for councillors Division 6 — Appointment of administrator
s 255 Governor may dismiss mayor and councillors s 256 Governor may appoint administrator or order fresh election s 257 Declaration of council as non-functioning s 258 Administrator s 259 Temporary exercise of the council’s functions Part 3 — Local Government Boundaries Commission
s 260 Constitution of the Boundaries Commission s 261 Membership of Boundaries Commission s 262 How is a panel to be constituted for the purposes of making an appointment as a commissioner? s 263 Functions of the Boundaries Commission s 264 Can a person be represented in proceedings before the Boundaries Commission? s 265 Boundaries Commission may conduct survey or poll Chapter 10 — How are people elected to civic office?
Part 1 — Who may vote?
s 266 Who has the right to be enrolled as an elector? s 267 Who has the right to vote? s 268 One vote per elector s 269 Who is a “resident” for the purposes of this Part? s 270 Who is an “owner of rateable land” for the purposes of this Part? s 271 Who is an “occupier” or “ratepaying lessee” for the purposes of this Part? s 272 Competing claimants s 273 Application of Part to area not divided into wards Part 2 — Who may be elected?
s 274 What are the qualifications for civic office? s 275 Who is disqualified from holding civic office? s 276 What is the effect of disqualification? s 277 May the holder of a civic office be re-elected? Part 3 — What is the system of election?
s 278 Election of councillors for an area not divided into wards s 279 Alternative methods for election of councillors for an area divided into wards s 280 Ward election of councillors—method 1 s 281 Election of councillors partly by wards, partly by area—method 2 s 282 Election of mayor s 283 Double candidature s 284 Voting system for election of the mayor by all the electors of the area s 285 Voting system for election of councillors s 286 Is voting compulsory? Part 4 — When are elections held?
s 287 When is an ordinary election of councillors held? s 288 Delayed elections of councillors s 289 When is an election of a mayor by the electors to be held? s 290 When is an election of a mayor by the councillors to be held? Part 5 — How are casual vacancies filled?
s 291 By-elections s 291A Countback to be held instead of by-election in certain circumstances s 292 When is a by-election to be held? s 293 Delayed by-elections s 294 Dispensing with by-elections s 294A Casual vacancy not to be filled where councillor numbers reduced s 294B Casual vacancy not to be filled where councillor numbers reduced—approved by constitutional referendum s 295 Casual vacancy in office of mayor elected by the councillors Part 6 — How are elections conducted?
Division 1 — Administration of elections
s 296AA Councils to plan for administration of elections s 296 How elections are to be administered s 296A Elections administered by an electoral services provider s 296B Elections administered by the Electoral Commissioner s 297 Delegation of functions by the Electoral Commissioner Division 2 — Electoral rolls
s 298 Residential roll s 299 Non-residential roll s 300 Roll of occupiers and ratepaying lessees s 301 Roll of electors s 302 Public inspection of roll of electors s 303 Making of claims for inclusion in the roll s 304 Enrolment if qualified in more than one respect s 305 Provisional voting Division 3 — Nominations and election
s 306 Nominations s 307 Nomination where name omitted from roll s 308 Candidate information sheets s 308A Grouping of candidates s 308B Group voting—recording of votes s 308C Group voting—marking of ballot-papers s 308D Group voting—regulations s 309 Contested elections s 310 Conduct of contested elections s 310A Postal votes s 310B Elections may be conducted exclusively by postal voting s 311 Uncontested elections Division 4 — Where residents fail to vote
s 312 Offence s 313 Check on double-voting and failure to vote s 314 Penalty notice to be issued for failure to vote s 315 Evidence in list of non-voters Division 5 — Miscellaneous
s 316 Position on ballot-paper s 317 Validity of elections s 318 Lapsed or void election Part 6A — Postponement of elections
s 318A Definition s 318B Postponement of elections s 318C Revocation of postponement Part 7 — Political parties
s 319 Local Government Register of Political Parties s 320 Registration of political parties s 321 Party endorsement on ballot-papers s 322 Independent candidate on ballot-papers s 323 Printing of political party name on ballot-papers s 324 Form of political party name on ballot-papers Part 8 — Enforcement powers in relation to elections
s 325 Enforcement powers of Electoral Commission s 326-328 326–328 (Repealed) Part 8A — Political donations
s 328A General manager to keep register of political donation disclosures s 328B Reference by general manager to Departmental Chief Executive of political donation matters Part 9 — Dismissal from civic office
s 329 Can the holder of a civic office be dismissed? s 330 (Repealed) s 331 When does an order of dismissal take effect? Chapter 11 — How are councils staffed?
Part 1 — Organisation structure
s 332 Determination of structure s 333 Re-determination and review of structure Part 2 — The general manager
s 334 Appointment of general manager s 335 Functions of general manager s 336 Filling of vacancy in position of general manager s 337 (Repealed) s 338 Nature of contracts for general managers s 339 (Repealed) s 340 Industrial arbitration excluded s 341 Duty to report bankruptcy Part 3 — The public officer
s 342 Appointment of the public officer s 343 Functions of the public officer Part 4 — Equal employment opportunity
s 344 Objects s 345 Preparation and implementation of EEO management plans s 346 Inconsistencies with the Anti-Discrimination Act 1977 s 347 References Part 5 — Other provisions concerning staff
s 348 Advertising of staff positions s 349 Appointments to be on merit s 350 Appointments to which secs 348 and 349 do not apply s 351 Temporary appointments s 352 Independence of staff for certain purposes s 353 Other work s 354 Restriction on appointment of a former mayor or councillor s 354A Ministerial approval for certain termination payments to general managers Part 6 — Arrangements for council staff affected by the constitution, amalgamation or alteration of council areas
s 354B Definitions s 354C No forced redundancy of affected staff members during proposal period s 354D Preservation of entitlements of staff members s 354E Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval s 354F No forced redundancy of transferred staff members for 3 years after transfer s 354G Lateral transfer of transferred staff members s 354H External advertising not required in certain circumstances s 354I Limitations on transfer of work base of transferred staff Chapter 12 — How do councils operate?
Part 1 — General
s 355 How a council may exercise functions s 356 Can a council financially assist others? s 357 Can a council exercise its functions only within its area? s 358 Restrictions on formation of corporations and other entities s 359 Can a council act as an agent? Part 2 — How are decisions made?
Division 1 — Code of meeting practice
s 360 Conduct of meetings of councils and committees s 361 Preparation, public notice and exhibition of draft code s 362 Adoption of draft code s 363 Amendment of the code s 364 Public availability of the code Division 2 — Other provisions concerning council meetings
s 365 How often does the council meet? s 366 Calling of extraordinary meeting on request by councillors s 367 Notice of meetings s 368 What is the quorum for a meeting? s 369 Who presides at meetings of the council? s 370 What are the voting entitlements of councillors? s 370A Powers of Minister in relation to meetings s 371 What constitutes a decision of the council? s 372 Rescinding or altering resolutions s 373 Committee of council s 374 Certain circumstances do not invalidate council decisions s 375 Minutes s 375A Recording of voting on planning matters s 376 Attendance of general manager at meetings Part 3 — Delegation of functions
s 377 General power of the council to delegate s 378 Delegations by the general manager s 379 Delegation of regulatory functions s 380 Review of delegations s 381 Exercise of functions conferred or imposed on council employees under other Acts Part 4 — Insurance
s 382 Insurance against liability Part 5 — County councils
s 383 Proposal to establish or dissolve a county council or amend its constitution s 384 Public notice to be given of a proposal s 385 Making of representations s 386 Minister’s recommendation concerning the proposal s 387 Formation of county councils s 388 Legal status of county councils s 389 What is a county council’s name? s 390 Who comprise the governing body? s 391 The chairperson s 391A What are the functions of the chairperson? s 392 Vacancy in office of member s 393 Area of operations of county council s 394 Functions of county council s 394A County councils to consider regional strategies s 395 General manager of county council s 396 How often does a county council meet? s 397 Amendment and dissolution of county councils s 398 Facilitating provisions of proclamations s 399 Making of financial contributions by constituent councils s 400 Application of Act to county councils s 400AA Special provisions relating to Cudgegong (Abattoir) County Council s 400A (Repealed) Part 6 — Public-private partnerships
Division 1 — Preliminary
s 400B Definitions s 400C Guidelines to be followed by councils in relation to public-private partnerships s 400D Ancillary provisions relating to PPP guidelines Division 2 — Restrictions relating to public-private partnerships
s 400E General requirements s 400F Council to provide assessment of PPP project to Departmental Chief Executive s 400G Minister may require PPP project to be referred to Project Review Committee s 400H Departmental Chief Executive may require council to provide assessment of varied PPP project s 400I Review of PPP project by Project Review Committee Division 3 — Local Government Project Review Committee
s 400J Establishment and constitution of Project Review Committee Division 4 — Miscellaneous provisions
s 400K Compensation not payable s 400L Decision by council to enter into public-private partnership s 400M No contracting out s 400N Application of Part Part 7 — Joint organisations
s 400O Formation of joint organisations s 400P Council must approve inclusion of council area in joint organisation area s 400Q Legal status of joint organisations s 400R Principal functions of joint organisations s 400S Other functions of joint organisations s 400T Board of joint organisation s 400U Role of board s 400V Chairperson s 400W Alternates for voting representatives s 400X Vacancy in office of representatives or non-voting chairperson s 400Y Executive officer s 400Z Exercise of functions s 400ZA Decisions and powers of joint organisations s 400ZB Effect of appointment of administrator for member council s 400ZC Amendment and dissolution of joint organisations s 400ZD Facilitating provisions of proclamations s 400ZE Delegations s 400ZF Financial matters s 400ZG Staff s 400ZH Application of Act to joint organisations Chapter 13 — How are councils made accountable for their actions?
Part 1 — Preliminary
s 401 Application of Chapter Part 2 — Strategic planning
s 402 Community strategic plan s 402A Community engagement strategy s 403 Resourcing strategy s 404 Delivery program s 405 Operational plan s 406 Integrated planning and reporting guidelines s 407 (Repealed) Part 3 — Financial management
Division 1 — Funds
s 408 The council’s funds s 409 The consolidated fund s 410 Alternative use of money raised by special rates or charges s 411 The trust fund Division 2 — Accounting records, financial reports and auditing
s 412 Accounting records s 413 Preparation of financial reports s 414 (Repealed) s 415 Auditing of financial reports s 416 Time for preparation and auditing of financial reports s 417 Auditor’s reports s 418 Public notice to be given of presentation of financial reports s 419 Presentation of council’s financial reports s 420 Submissions on financial reports and auditor’s reports s 421 Interim reports Division 2A — Other audit functions
s 421A Definitions s 421B Meaning of “governing body” s 421BA Meaning of “relevant entity” s 421BB Relationship with definition of “auditable entity” in Government Sector Audit Act 1983 s 421BC Application of sections 423–425 to audit of relevant activities of relevant entities s 421BD Performance audit by Auditor-General s 421BE Report of performance audit s 421C Auditor-General may report on local government on sector-wide basis s 421D Tabling of reports s 421E Other audit functions Division 3 — Auditors
s 422 Auditor-General to be council auditor s 423 Access to and production of documents s 423A Disclosure of confidential information s 424 Access to records of authorised deposit-taking institution s 425 Secrecy s 426 Auditor-General is to communicate with Minister s 427 (Repealed) Part 4 — Annual reports
s 428 Annual reports Part 4A — Internal audit
s 428A Audit, Risk and Improvement Committee s 428B Joint internal audit arrangements Part 5 — Inquiries, reviews and surcharging
Division 1 — Inquiries and reviews
s 429 Provision of documents or information about council s 429A Complaints about councils, councillors, delegates and staff s 430 Departmental Chief Executive may investigate councils s 431 Powers in connection with investigation s 432 Entry on to premises s 433 Report of investigation s 434 Council’s response to report s 434A Council’s response to Ombudsman’s report s 434B Expenses of investigation to be borne by council s 434C Self-incrimination Division 2 — Surcharging
s 435 Surcharging by Departmental Chief Executive s 436 Procedure for surcharging s 437 Applications for administrative review by NCAT s 438 Recovery of amount surcharged Part 6 — Performance management
s 438A Performance improvement order s 438B Criteria to be considered by Minister s 438C Minister to give notice of intention to issue or vary performance improvement order s 438D Performance improvement order to be made public s 438E Compliance with performance improvement order s 438F Compliance report s 438G Appointment of temporary adviser s 438H Co-operation with temporary adviser s 438HA Enforcement of performance improvement order against councillor s 438HB Appointment of financial controller s 438HC Operations of financial controller Part 7 — Temporary suspension of council
s 438I Power of Minister to suspend council s 438J Criteria to be considered by Minister s 438K Minister to give notice of intention to suspend council s 438L Effect of suspension on councillors s 438M Appointment of interim administrator s 438N Report by interim administrator s 438O Suspension period s 438P Performance improvement orders during suspension period s 438Q Maximum number of suspensions s 438R Ordinary election during suspension period s 438S Election of mayor during suspension period s 438T No amalgamations or alterations to area during suspension Part 8 — Public inquiries
s 438U Public inquiries s 438V Expenses of public inquiry to be borne by council in certain circumstances s 438W Suspension of council during public inquiry s 438X Effect of suspension s 438Y Appointment of interim administrator s 438Z Termination of suspension s 438ZA Ordinary election during suspension period s 438ZB Election of mayor during suspension period s 438ZC Issue of performance improvement orders in response to public inquiry Part 9 — General
s 438ZD Service of Ministerial and departmental documents s 438ZE Duty to ensure goods and services procured not product of modern slavery Chapter 14 — Honesty and disclosure of interests
Part 1 — Conduct
Division 1 — Conduct generally
s 439AA Interpretation s 439 Conduct of councillors, staff, delegates and administrators s 440 Codes of conduct s 440AAA Content of model code s 440AAB Register and tabling of returns s 440AA Administration of code of conduct Division 2 — Serious corrupt conduct
s 440A Definition of “serious corrupt conduct” s 440B Dismissal and disqualification from civic office for serious corrupt conduct s 440C Temporary suspension from civic office for serious corrupt conduct s 440D Temporary suspension of staff in connection with serious corrupt conduct s 440E Application of Division Division 3 — Misconduct
s 440F Definitions s 440G Formal censure of councillor for misconduct s 440H Departmental Chief Executive may investigate or seek report on misconduct of councillor s 440I Departmental Chief Executive may take disciplinary action for misconduct s 440J Alternatives to disciplinary action by the Departmental Chief Executive s 440K Suspension of a councillor s 440L Appeals against disciplinary action s 440M Expenses to be borne by council s 440N Investigation of former councillors s 440O Self-incrimination s 440P Service of departmental documents s 440Q (Repealed) Part 3 — Complaints concerning non-disclosure and proceedings before NCAT
Division 1 — Making and investigation of complaints
s 460 Complaints concerning failure to disclose pecuniary interests s 461 Departmental Chief Executive may require further information s 462 Investigation of complaints s 463 Decision not to investigate a complaint s 464 Referral and investigation of complaints by other authorities s 465 NCAT to be notified of investigations s 466 Persons to be notified of complaint s 467 Reports of investigation of complaints by authorities s 468 Presentation of reports to NCAT Division 2 — Proceedings before NCAT—pecuniary interests matters not involving councillors or administrators
s 469 NCAT to decide whether or not to conduct proceedings into a complaint s 470 Circumstances in which NCAT may dispense with hearing Division 3 — Proceedings before NCAT—misconduct matters
s 470A NCAT to decide whether or not to conduct proceedings into a referred matter relating to misconduct s 470B Circumstances in which NCAT may dispense with hearing Division 4 — Proceedings before NCAT—general provisions
s 471-477 471–477 (Repealed) s 478 Additional complaints s 479-481 479–481 (Repealed) s 482 Decision of NCAT—pecuniary interests matters not involving councillors or administrators s 482A Decision of NCAT—misconduct matters s 483-485 483–485 (Repealed) s 486 Referral of matters by NCAT s 486A Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators) Part 5 — Miscellaneous
s 490A Acts of disorder s 490B Certain regulations not affected s 490C Supreme Court order for recovery of monetary benefits as a result of non-disclosure by councillors (as inserted by the Local Government and Elections Legislation Amendment (Integrity) Act 2016) Chapter 15 — How are councils financed?
Part 1 — An overview of rates and charges
s 491 Some sources of a council’s income s 492 What are the types of rates? s 493 Categories of ordinary rates and categories of land s 494 Ordinary rates must be made and levied annually s 495 Making and levying of special rates s 495A Strata lots and company titles taken to be separate parcels of land for annual charges s 496 Making and levying of annual charges for domestic waste management services s 496A Making and levying of annual charges for stormwater management services s 496B Making and levying of annual charges for coastal protection services s 497 What is the structure of a rate? s 498 The ad valorem amount s 499 The base amount s 500 Limit on revenue that can be raised from base amount s 501 For what services can a council impose an annual charge? s 502 Charges for actual use s 503 What is the relationship between rates and charges? s 504 Domestic waste management services Part 2 — Limit of annual income from rates and charges
s 505 Application of Part s 506 Variation of general income s 507 Variation of annual charges for domestic waste management services s 508 Orders under secs 506 and 507 s 508A Special variation over a period of years s 509 Maximum general income for a year s 510 Maximum annual charge for domestic waste management services s 510A Maximum annual charge for stormwater management services s 511 Catching up of shortfall in general income s 511A Catching up of income lost due to reductions in valuation s 512 Effect of contravening section 509, 510, 510A, 511 or 511A s 513 Estimates of increases and decreases in value for purposes of notional rate income Part 3 — Ordinary rates
s 514 Categorisation of land for purposes of ordinary rates s 515 Categorisation as farmland s 516 Categorisation as residential s 517 Categorisation as mining s 518 Categorisation as business s 518A Strata lots and company titles taken to be separate parcels of land for categorisation s 518B Mixed development land s 519 How is vacant land to be categorised? s 520 Notice of declaration of category s 521 When does the declaration of a category take effect? s 522 When does the declaration of a category cease? s 523 When are the declarations of categories reviewed? s 524 Notice of change of category s 525 Application for change of category s 526 Appeal against declaration of category s 527 Adjustment of rates following change in category s 528 Rate may be the same or different for different categories s 529 Rate may be the same or different within a category s 530 Special provisions for residential sub-categories s 531 What provisions of this Part apply to the determination of sub-categories? Part 3A — Charges
s 531A Adjustment of charges following change in category s 531B Aggregation of certain parcels subject to a charge Part 4 — Making of rates and charges
s 532 Publication of draft operational plan s 533 Date by which a rate or charge must be made s 534 Rate or charge to be made for a specified year s 535 Rate or charge to be made by resolution s 536 What criteria are relevant in determining the base amount? s 537 Form of resolution specifying base amounts of rates s 538 Form of resolution for special rate s 539 What criteria are relevant in determining the amount of a charge? s 540 Form of charge s 541 Differing amounts of a charge s 542 Minimum amounts of charges s 543 Each form of rate and each charge to have its own name s 544 Inclusion of names in rates and charges notices s 545 Curing of irregularities Part 5 — Levying of rates and charges
Division 1 — General
s 546 How is a rate or charge levied? s 547 Method of rating dwellings under company title s 548 Minimum amounts s 548A Aggregation of values of certain parcels subject to rates containing base amounts s 549 Reduction of rates containing base amounts if levied on vacant land s 550 Charge of rates and charges on land Division 2 — Special rates and charges relating to water supply, sewerage and drainage
s 551 Application of Division 2 s 552 What land may be subject to a water supply special rate or charge? s 553 Time at which land becomes subject to special rate or charge s 553A Special rates and charges not payable in relation to land provided with private water supply or sewerage Division 3 — Coastal protection service charges
s 553B Restriction on levying coastal protection service charges Part 6 — What land is rateable?
s 554 What land is rateable? s 555 What land is exempt from all rates? s 556 What land is exempt from all rates, other than water supply special rates and sewerage special rates? s 557 What land is exempt from water supply special rates and sewerage special rates? s 558 What land and bodies may be exempted from water supply special rates and sewerage special rates? s 559 Determination as to whether a body is a public benevolent institution or public charity Part 7 — Payment of rates and charges
s 560 Who is liable to pay rates? s 561 Who is liable to pay charges? s 562 Payment of rates and annual charges s 563 Discount for prompt payment in full s 564 Agreement as to periodical payment of rates and charges s 565 Capital contributions instead of payment of special rates or charges s 566 Accrual of interest on overdue rates and charges s 567 Writing off of accrued interest s 568 Application of payments s 569 Liability of the occupier s 570 Transfer of land in payment of rates or charges s 571 What happens if land is transferred? s 572 What happens if the rateability of land changes? s 573 What happens if land is subdivided? s 574 Appeal on question of whether land is rateable or subject to a charge Part 8 — Concessions
Division 1 — Concessions for pensioners
s 575 Reductions for eligible pensioners s 576 Application of this Division to postponed rates s 577 Extension of concession to avoid hardship s 578 When does an order under sec 577 take effect? s 579 When and how is an application made for the purposes of this Division? s 580 Variation by regulation of amounts of reductions s 581 Reimbursement of councils by Parliament s 582 Abandonment of pensioners rates and charges s 583 Writing off of pensioners rates and charges s 584 Ending of concession Division 2 — Other concessions
s 585 Who may apply for postponement of rates? s 586 Applications to be referred to Valuer-General s 587 Attributable part of land value of land s 588 Determination of attributable part of land value by Valuer-General s 589 Redetermination of attributable part of land value s 590 Use of determination of attributable part of land value s 591 Postponement of rates s 592 Interest on postponed rates s 593 Paid rates to be refunded s 594 Adjustment of rates s 595 Rates to be written off after 5 years s 596 Change of circumstances s 597 Entitlement to postponement ceases s 598 Redetermination on partial change of circumstances s 599 When and how is an application made for the purposes of this Division? s 600 Rebates in respect of certain land vested in public bodies s 601 Hardship resulting from certain valuation changes Part 9 — Miscellaneous matters concerning rates and charges
s 602 Record of rates and charges s 603 Certificate as to rates and charges s 604 Notice of transfer of land s 605 Expenses of tracing persons s 606 Notice of granting of certain Crown leases s 606A Estimates of coastal protection service charges s 606B Review of cost of coastal protection service charges on request of ratepayer s 606C Review of cost of coastal protection service charges on direction of Minister administering Coastal Management Act 2016 s 607 Writing off of rates, charges and accrued interest Part 10 — Fees
Division 1 — Council fees—general
s 607A Interpretation s 608 Council fees for services s 609 (Repealed) s 610 Effect of other Acts Division 2 — Council fees for business activities
s 610A Application of Division s 610B Fees to be determined in accordance with pricing methodologies Division 3 — Council fees for non-business activities
s 610C Application of Division s 610D How does a council determine the amount of a fee for a service? s 610E Council may waive or reduce fees s 610F Public notice of fees Division 4 — Certain annual charges
s 611 Annual charge on rails, pipes etc s 612 (Renumbered as sec 610F) Part 11 — Grants
s 613 Constitution of the Local Government Grants Commission s 614 Membership of Grants Commission s 615 What are the functions of the Grants Commission and the Minister under this Part? s 616 How does the Grants Commission decide on its recommendations? s 617 What information does the Minister have to provide? s 618 What other functions does the Grants Commission have? s 619 What happens to the money paid to the State under the Commonwealth Act? s 620 Making of grants by the Minister Part 12 — Loans
s 621 When and for what may a council borrow? s 622 What form may a council borrowing take? s 623 Security for borrowings s 624 Are there any restrictions on a council borrowing? Part 13 — Investments
s 625 How may councils invest? Chapter 16 — Offences
Part 1 — General offences
s 626 Failure to obtain approval s 627 Failure to comply with approval s 628 Failure to comply with order Part 2 — Public places
s 629 Injuring or removing plants, animals, rocks and soil in or from public place s 630 Breaking glass and other matter s 631 Damaging, defacing or polluting public bathing place s 632 Acting contrary to notices erected by councils s 632A Confiscation of alcohol in certain public and other places s 633 Bathing (including nude bathing) and other water-based recreational activities s 633A Use of skateboards, roller blades and roller skates s 633B Part not to apply to National Park reserves or State forests s 633C Part not to affect roads and traffic functions under other Acts Part 3 — Water, sewerage and stormwater drainage offences
s 634 Water, sewerage and stormwater drainage offences s 635 Damage to council property s 636 Tampering with meters and fittings s 637 Waste or misuse of water s 638 Discharge of prohibited matter into sewer or drain s 639 Pollution of public water supply s 640 Offences in catchment districts s 641 (Repealed) Part 4 — Street drinking
s 642 Confiscation of alcohol in alcohol-free zones s 643 (Repealed) s 644 Proposal for establishment of alcohol-free zone s 644A Public consultation on proposal to establish alcohol-free zone s 644B Establishment of alcohol-free zones s 644C Operation of alcohol-free zones s 645 Suspension or cancellation s 646 Guidelines for alcohol-free zones s 647 (Repealed) s 648 Other laws not affected s 649 (Repealed) Part 5 — Parking
s 650 Free parking areas s 650A Strata parking areas and community scheme parking areas s 651 Liability of vehicle owner for certain offences Part 5A — Immobilisation and detention of vehicles
s 651A Application of Part s 651B Immobilisation of vehicles s 651C Unlawful detention of vehicles Part 6 — Offence relating to civic office
s 652 Acting in civic office while subject to disqualification Part 8 — Miscellaneous
s 659 Production of certificate of authority to enter premises s 660 Obstruction s 661 Failure to comply with certain directions s 662 Occupier, manager or agent refusing to give name of owner s 663 Owner refusing to give name of manager or occupier s 664 Disclosure and misuse of information s 665 False or misleading information s 666 Wilful destruction of documents s 667 Wilful destruction of notices and signs s 668 Attempts s 669 Penalties extended to persons causing offence s 670 Notices and signs s 671 Proof of lawful or reasonable excuse Chapter 17 — Enforcement
Part 1 — General
Division 1 — Legal proceedings
s 672 What constitutes a breach of this Act for the purposes of this Part? s 673 Remedy or restraint of breaches of this Act—the Minister, the Departmental Chief Executive and councils s 674 Remedy or restraint of breaches of this Act—other persons s 674A Provisions of Act that do not give rise to or affect legal proceedings s 675 Time limit on proceedings questioning the validity of approvals s 676 Functions of the Land and Environment Court s 677 Compensation may be awarded against vexatious litigants s 678 Failure to comply with order—carrying out of work by the council s 679 Penalty notices for certain offences Division 2 — Other remedies
s 680 Demanding name of offender s 680A Authorised person may give directions relating to public places s 681 Removal of offenders from community land s 681A Confiscation of recreational equipment Part 2 — Proceedings by the council or its employees
Division 1 — General
s 682 (Repealed) s 683 Authentication of documents s 684 Laying of informations s 685 Certain allegations in informations s 686 Ownership of council property s 687 Appearance in Local Court s 688 Bankruptcy s 689 Payment of expenses of employee s 690 Other remedies s 691 Proceedings for offences s 691A, 692 (Repealed) s 693 Time for bringing proceedings concerning electoral offences s 694 Application of penalties s 695 Suing for debts s 695A Referral of unpaid amounts for debt recovery action s 696 Apportionment of expenses Division 2 — Evidence
s 697 Formal matters s 698 Judicial notice of certain documents s 699 Service of notices s 700 Proof of ownership of, or leasehold estate in, land s 701 Evidence as to whether a place is a public road s 702 Offences on boundaries of areas s 703 Minutes s 704 Delineation of local government boundaries by reference to maps Division 3 — Notices by the council
s 705 What is public notice? s 706 What happens after a council gives public notice? s 707 Publication of notices in Gazette and elsewhere s 708 The Crown s 709 Corporations s 710 Service of notices on persons s 711 Effect of service on successors in title Division 4 — Legal proceedings for the recovery of rates and charges
s 712 Special provisions with respect to the recovery of unpaid rates and charges Division 5 — Sale of land for unpaid rates and charges
s 713 Sale of land for unpaid rates and charges s 714 Estates and interests of the Crown in land s 715 Notice of proposal to sell land s 716 Sale of land by public auction s 717 Payment of purchase money s 718 Application of purchase money s 719 What if the purchase money is less than the amounts owing? s 720 What if the purchase money is more than the amounts owing? s 721 Apportionment of rates on subdivided land s 722 Conveyance or transfer of the land s 723 Land is conveyed free of certain interests s 724 Special provisions concerning leases of land owned by the Crown s 725 Transfers not invalid because of procedural irregularities s 726 Registration of transfer of land under the Real Property Act 1900 Part 3 — Proceedings against councils, councillors and staff
Division 1 — General
s 727 Service of documents s 728 Suing for penalty s 729 Proceedings alleging non-compliance with a procedural requirement s 730 Compensation Division 2 — Liability
s 731 Liability of councillors, employees and other persons s 732 Exemption from liability—accreditation and certification s 733 Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone Chapter 18 — Miscellaneous
Part 1 — General
s 734 Public hearings by a council s 734A Preliminary enquiries by Departmental Chief Executive s 735 Notices to be given in writing s 735A Certificate as to notices s 736 Proclamations s 737 Correcting errors s 738 Validity of proclamations s 739 Protection of privacy s 739A Retention, preservation and destruction of records s 740 (Repealed) s 740A Ministerial committees s 741 Exemption from taxes s 742 Dispute resolution s 743 Property in waste s 744 Delegation of functions by the Minister s 745 Delegation of functions by the Departmental Chief Executive s 746 Authorised officers s 747 Review of Act Part 1A — COVID-19 pandemic—special provisions
s 747AA Definition s 747A COVID-19 pandemic—meetings s 747AB COVID-19 pandemic—recovery of unpaid rates s 747B (Repealed) Part 1B — COVID-19 pandemic—2021 local government elections special provisions
s 747C COVID-19 pandemic—local government elections regulation-making power Part 2 — Regulations
s 748 Regulations Part 3 — Savings, transitional and other provisions
s 749 Savings, transitional and other provisions Schedule 1 — Local Government Remuneration Tribunal and assessors
s 1 Appointment of person as Remuneration Tribunal s 2 Terms of office s 3 Appointment of deputy assessor s 4 Remuneration s 5 Application of other Acts s 6 Vacation of office Schedule 2 — Membership and procedure of the Boundaries Commission
Part 1 — The commissioners
s 1 Term of office s 2 Acting commissioners s 3 Remuneration s 4 Application of other Acts s 5 Vacation of office s 6 Filling of vacancy Part 2 — Procedure at meetings of the Boundaries Commission
s 7 Procedure for calling meetings of the Boundaries Commission s 8 Chairperson to preside etc s 9 Quorum s 10 Voting s 11 Disqualification from voting s 12 Dissenting reports s 13 Boundaries Commission not bound to follow strict legal procedure Schedule 3 — Provisions relating to members and procedure of Project Review Committee
s 1 Definitions s 2 Terms of office of appointed members s 3 Part-time appointments s 4 Remuneration s 5 Removal of appointed members s 6 Disclosure of pecuniary interests s 7 Effect of certain other Acts s 8 Personal liability s 9 General procedure s 10 Quorum s 11 Presiding member s 12 Voting s 13 Transaction of business outside meetings or by telephone Schedule 4 — (Repealed)
Schedule 5 — Local Government Grants Commission
Part 1 — The commissioners
s 1 Term of office s 2 Acting commissioner s 3 Remuneration s 4 Application of other Acts s 5 Vacation of office s 6 Filling of vacancy Part 2 — Procedure at meetings of the Grants Commission
s 7 Procedure for calling meetings of the Grants Commission s 8 Presiding commissioner s 9 Quorum s 10 Decision of the Grants Commission Schedule 6 — Regulations
s 1 The exemption of areas or parts of areas from the operation of specified provisions of this Act s 2 Meetings of the council and its committees s 3 Standards for the retention, preservation and destruction of council records s 4 Council polls and constitutional referendumsExamples.Conduct of council polls and constitutional referendumsVoting and counting of votes s 5 TenderingExamples.Invitations to tenderConsideration of tenders s 5A Contracts referred to in section 55(3)(a) (relating to exemptions from tendering requirements)Examples.General obligations of prescribed personsReporting requirements of prescribed personsProbity requirements relating to prescribed personsProvision of information by prescribed persons to the Department s 6 Contracting out s 7 Water, sewerage and drainage worksExamples.The supply and use of waterWater, sewerage and drainage systemsThe discharge and treatment of sewageTrade wastesDrainage areasCatchment districtsThe carrying out of specified works, with or without the consent of the Minister, or by the MinisterWorks to serve the areas of two or more councilsConnections to water and sewer mainsInstallation and operation of metersCutting off or restricting supply of waterPipes and fittings for hot water apparatusInspection of works and facilitiesMeasures to ensure the safety of worksThe accumulation of funds to finance capital worksThe provision of information by councilsThe appointment, remuneration and accommodation of an administrator and an administrator’s assistantsExemption of persons from liability s 7A Coastal protection servicesExamples.The minimum standards in carrying out such coastal protection services s 8 Approvals under Part 1 of Chapter 7Examples.Application for approvalsApprovals concerning moveable dwellingsThe imposition, on the owners or occupiers of land used for the placement of moveable dwellings, of a levy to be applied to specified purposes, including—(a) expenses in connection with the examination and review, by or on behalf of the Minister, of the terms and conditions of approvals for moveable dwellings generally, and(b) the undertaking, by or on behalf of the Minister, of research in connection with moveable dwellings.Activities that may be carried out without approvalMatters for consideration in determining applications for approvalsStandards, including—standards to be met in order for an activity to be approvedstandards for activities that are approvedConditions of approvalsDuration of approvalsNotice of granting of approvalsRecords of approvalsAccreditation of components, processes and designsInspection of activities subject to approvals s 8AA A scheme for mutual recognition by councils of approvals under Part 1 of Chapter 7Examples. Model policies for councils relating to mutual recognitionPolicies of councils relating to mutual recognitionArrangements between councils for mutual recognitionApproval of mutual recognition arrangementsEffect of recognition of approvalsModification and revocation of recognised approvals and conditions of approvalsCompensation by councils for modification or revocation of recognised approvalsProcedures (including applications and payment of fees) for recognition of approvals granted by other councilsRecords of recognised approvalsExchange of information relating to recognised approvalsNotice to other councils of recognised approvalsEnforcement of recognised approvals by councils s 8A Financial management and auditing s 9 Orders under Part 2 of Chapter 7Examples.Service of ordersInformation to be included in ordersStandards to be met in complying with orders s 10 (Repealed) s 11 Proposals to constitute or change the boundaries of areas s 12 The practice and procedures of councilsExample.The custody and affixing of a council’s seal s 13 The administration of a council s 13A Induction courses and other professional development for mayors and councillors s 14 ElectionsExamples.The preparation of electoral rollsClaims for, and objections to, inclusion on an electoral rollForms to be used for the purposes of an electionThe Local Government Register of Political PartiesNominations for candidature at an electionGrouping of candidates and group voting squaresThe preparation of ballot-papersPostal votingThe counting of votes, including the rejection of informal votesThe application of the Electoral Act 2017 and the Electoral Funding Act 2018 to elections under this ActCompliance with Departmental Chief Executive’s guidelines relating to the administration of electionsProcedures for elections of mayors by councillors s 14A The exercise of functions by a council in the 4 weeks preceding an ordinary election.Examples.Limitation on determination of controversial or significant development applicationsThe new or permanent appointment of general managersEntering into significant contracts or undertakings s 15 StaffingExamples.The functions of the general managerMatters in respect of which the general manager is not subject to direction by a councilThe advertising of vacant staff positionsThe disclosure of interests by staff s 16 Delegations s 17 County councils s 17A Public-private partnerships (including meetings of a public-private partnership) s 17B Joint organisationsExamples.Staffing (including use of staff of member councils and other organisations)Voting (including remote voting) and meeting procedures of board (including remote participation in a meeting)GovernancePlanning and reportingTravel and other expenses payable to board representativesOperational guidesPrinciples for joint organisationsRoles and responsibilities of board representatives, board chairpersons and executive officers s 18 Management and reportingExamples.The form and content of community strategic plans, community engagement strategies, resourcing strategies, delivery programs and operational plansCriteria for community strategic plans, community engagement strategies, resourcing strategies, delivery programs and operational plansConsultation on community strategic plans, community engagement strategies, resourcing strategies, delivery programs and operational plansPerformance measurement and reporting framework for councilsThe keeping of accounting records and the preparation of financial and associated reports and statementsThe form and content of annual reportsThe establishment of sinking funds and debt repayment funds s 19 Conduct of councillors, members of staff and delegates of a council s 19A The disclosure of pecuniary and other interests. s 19B Audit, Risk and Improvement Committees s 20 Rates and chargesExamples.The valuation of land for rating purposesThe rateability of landThe making and levying of rates, including base amounts of ratesThe making and imposition of charges and fees, including minimum chargesThe payment and recovery of rates, charges and feesThe charging of interest on overdue rates and chargesAbandonmentThe division of categories of rateable land into sub-categoriesThe form of a rates and charges noticeThe exemption of land from ratingThe waiver, remission and postponement of rates and chargesThe writing off of rates and chargesThe reduction of rates and charges for eligible pensioners s 21 MiscellaneousExamples.The functions and procedures of bodies (other than councils and county councils) constituted or established under this ActThe erection and maintenance of noticesThe making and consideration of representations and objections to the declaration of alcohol-free zonesThe issuing of penalty notices under this ActThe manner and form in which public notices are to be given under this ActAuthorisation of persons under this Act to enter premisesForms (including the form of notices) for use under this ActFees payable under this ActSafety standards for swimming pools situated on public land, including requirements with respect to—(a) the staff to be employed in connection with any such pool, and(b) the safety equipment to be provided at any such pool.The exercise by authorised persons (including persons who are authorised persons by virtue of section 681A(8)) of the functions conferred on an authorised person by or under this Act. Schedule 6A — (Repealed)
Schedule 7 — Savings, transitional and other provisions consequent on the enactment of this Act
Part 1 — Preliminary
s 1 Definition s 2 Regulations—general s 3 General saving s 4 Construction of references to the old Act and its provisions s 5 Saving of certain proclamations Part 2 — Provisions arising out of Chapter 6 (What are the service functions of councils?)
s 6 Classification of existing public land s 7 Land to which sec 32 applies s 12 Water, sewerage and drainage works Part 3 — Provisions arising out of Chapter 7 (What are the regulatory functions of councils?)
s 13 (Repealed) s 14 Existing approvals s 14A Existing places of public entertainment s 15 Pending applications for approvals s 16 Notice of applications to erect buildings—validation s 17 (Repealed) s 18 Orders s 19 Catchment districts s 20 Building certificates Part 4 — Provisions arising out of Chapter 9 (How are councils established?)
Division 1 — General
s 21 Continuation of existing areas s 22 Continuation of existing councils s 23 (Repealed) s 24 References to councils, areas and council members etc s 24A (Repealed) s 25 Election of mayors s 30B Validation s 30C Increase in councillors by certain councils s 30D Constitution of the Sutherland Shire Council Part 5 — Provisions arising out of Chapter 10 (How are people elected to civic office?)
s 31 Disqualification from civic office s 32 Electors under the City of Sydney Act 1988 s 33 Maitland City Council Part 6 — Provisions arising out of Chapter 11 (How are councils staffed?)
s 34 Definitions s 35 Time within which organisation structure to be determined s 36 Time within which general manager to be appointed s 37 Time within which other senior staff to be appointed s 38 Who exercises the functions of general manager pending an appointment? s 41 No contracting out of Part 2 of Chapter 11 Part 7 — Provisions arising out of Chapter 12 (How do councils operate?)
s 44 (Repealed) s 45 Continuation of existing county councils s 46 Continuation of existing county districts s 47 Construction of references to county districts s 48 (Repealed) Part 8 — Provisions arising out of Chapter 13 (How are councils made accountable for their actions?)
s 49 Auditors Part 10 — Provisions arising out of Chapter 15 (How are councils financed?)
s 54 Initial categorisation of land for rating purposes s 55 Regulations—new rating year s 55A (Repealed) s 56 Existing investments Part 11 — Provisions arising out of Chapter 17 (Enforcement)
s 57 Exemption from liability—flood liable land and land in coastal zone s 58 Manuals for flood liable land and land in coastal zone Schedule 8 — Savings, transitional and other provisions consequent on the enactment of other Acts
Part 1 — Preliminary
s 1 Regulations Part 1A — Effect of repeal of certain Acts
s 1A Repeal of Acts does not affect operation of savings, transitional and other provisions Part 2 — Provisions consequent on the enactment of the Local Government Legislation (Miscellaneous Amendments) Act 1994
s 2 Definitions s 3 Public availability of council and committee minutes and Departmental representatives’ reports s 4 Selective tendering s 5 Appeals with respect to applications for extension of approvals s 6 Councils may retain “municipality” and “shire” as part of their corporate names s 7 Senior staff positions s 8 Complaints against committee members and council advisers s 9 General valuations furnished after 1 January 1994 s 10 Fees and charges prior to 1 July 1994 s 11 Orders by the Land and Environment Court s 12 Effect of amendment to regulations Part 3 — Provisions consequent on the enactment of the Statute Law Revision (Local Government) Act 1995
s 13 Definitions s 14 Continuing effect of repealed Acts s 15 Validation of registration of political parties Part 4 — Provisions consequent on the enactment of the Local Government Amendment (Alcohol-free Zones) Act 1995
s 16 Existing alcohol-free zones Part 5 — Provisions consequent on enactment of Local Government Amendment Act 1996
s 17 Extension or renewal of accreditation s 18 Appeals concerning orders s 19 Writing off of accrued interest s 20 Appeal on question of whether land is subject to a charge s 21 Proceedings for offences before the Land and Environment Court Part 6 — Provisions consequent on enactment of Local Government Amendment Act 1997
s 22 Meaning of “amending Act” s 23 Crown buildings s 24 Duration of existing approvals s 25 Land exempt from rating s 26 Catching up of income lost due to valuation reductions Part 7 — Provisions consequent on enactment of Local Government Amendment Act 1998
s 27 Meaning of “amending Act” s 28 Preparation and auditing of financial reports s 29 Persons having pecuniary interests s 30 Disclosure of pecuniary interests when dealing with council matters s 31 Decision of Pecuniary Interest Tribunal s 32 Remedy or restraint of breaches of this Act—the Minister, the Director-General and councils s 33 Remedy or restraint of breaches of this Act—other persons s 34 Sale of land for unpaid rates and charges Part 8 — Provisions consequent on enactment of Darling Harbour Authority Amendment and Repeal Act 1998
s 35 Action taken by Darling Harbour Authority Part 10 — Provisions consequent on enactment of Local Government Amendment (Meetings) Act 1998
s 37 Saving of right to access and inspect documents Part 11 — Provision consequent on enactment of Local Government Amendment (Ombudsman’s Recommendations) Act 1998
s 38 Application of section 434A Part 12 — Provisions consequent on enactment of Local Government Amendment (Community Land Management) Act 1998
s 39 Transitional application of section 30 s 40 Provisions made by plans of management applying to just one area of community land s 41 Transitional application of section 36A s 42 Transitional application of section 36B s 43 Leases and licences s 44 Effect of certain environmental planning instruments on permissible uses s 45 Buildings or structures under existing leases s 46 Subleases of community land s 47 Occupation of community land otherwise than by lease or licence Part 13 — Provisions consequent on the enactment of the Local Government Legislation Amendment (Elections) Act 1998
s 48 Application of amendments Part 14 — Provisions consequent on enactment of Local Government Amendment (Amalgamations and Boundary Changes) Act 1999
s 49 Proposals for boundary changes Part 15 — Provisions consequent on enactment of Strata Schemes (Leasehold Development) Amendment Act 1999
s 50 Changes to rating provisions Part 16 — General provisions consequent on enactment of Local Government Amendment Act 2000
s 51 Definition s 52 Elections s 53 Returns disclosing interests of councillors and designated persons s 54 Decision not to conduct proceedings s 55 Proceedings conducted without hearings s 56 Consequences of breach of disclosure provisions by employees Part 17 — Phasing-in of party registration requirements adopted by Local Government Amendment Act 2000
s 57 Definitions s 58 Applications made before 1 June 2002 but not determined s 59 Applications made by new parties during phasing-in period may request registration under old registration requirements s 60 Transitional and other arrangements for existing local government registered parties and local government parties registered under the old registration requirements during the phasing-in period s 61 New parties must be registered by 27 February 2003 to be eligible to nominate for elections held on 27 March 2004 Part 18 — Provisions consequent on enactment of Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001
s 62 Definitions s 63 Order no 5 (c) under section 124 Part 19 — Provision consequent on enactment of Local Government Amendment (Graffiti) Act 2002
s 64 Register of graffiti removal work Part 21 — Provisions consequent on enactment of Local Government Amendment (Miscellaneous) Act 2002
s 66 No compensation for transfer of ownership of water supply, sewerage and stormwater drainage works s 67 Renewal of approvals relating to operation of sewage management systems s 68 Annual fees to be withheld Part 22 — Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2002
s 69 Preparation of general purpose financial report Part 23 — Provisions consequent on the enactment of the Local Government Amendment (Elections) Act 2003
s 70 Interpretation s 71 Term of office—mayors and deputy mayors s 72 Term of office—councillors, chairpersons of county councils and deputy chairpersons of county councils s 73 Reduction in number of councillors—Hornsby Shire Council s 74 Amalgamation of areas Part 24 — Provisions consequent on enactment of Local Government Amendment (Council and Employee Security) Act 2004
s 75 Meaning of “amending Act” s 76 Postponement of elections s 76A Term of office—mayors elected by councillors after elections held on or after Saturday 27 March 2004 but before September 2004 s 77 Employment protection s 78 Maintenance of staff numbers in rural centres Part 25 — Provisions consequent on enactment of Local Government Amendment (Discipline) Act 2004
s 79 Meaning of “amending Act” s 80 Surcharging s 81 Local Government Pecuniary Interest and Disciplinary Tribunal s 82 Misbehaviour Part 26 — Provisions consequent on enactment of Local Government and Valuation of Land Amendment (Water Rights) Act 2005
s 83 Definition s 84 Maximum rate increases for farmland during first 5 years Part 27 — Provisions consequent on enactment of Local Government Amendment (Miscellaneous) Act 2006
s 85 Definition s 86 Council polls and constitutional referendums s 87 Leave of absence Part 28 — Provisions consequent on enactment of Local Government Amendment Act 2007
s 88 Definition s 89 Validation provision s 90 Existing public-private partnerships Part 29 — Provisions consequent on enactment of Local Government Amendment (Election Date) Act 2008
s 91 Effective date of party registration for the purposes of September 2008 elections Part 30 — Provisions consequent on enactment of Local Government Amendment (Legal Status) Act 2008
s 92 New legal status of existing councils s 93 Existing appointments Part 31 — Provisions consequent on enactment of Local Government Amendment (Planning and Reporting) Act 2009
s 94 Definitions s 95 Phasing in of new strategic planning provisions s 96 Continued operation of existing annual report and management plan provisions Part 32 — Provisions consequent on enactment of Local Government Amendment (General Rate Exemptions) Act 2010
s 97 Partial exemptions for certain land belonging to a religious body, public benevolent institution or charity Part 33 — Provisions consequent on enactment of Local Government Amendment (Environmental Upgrade Agreements) Act 2010
s 98 Effect of environmental upgrade agreement on existing leases s 99 References to Residential Tenancies Act 2010 Part 34 — Provisions consequent on enactment of Local Government Amendment (Elections) Act 2011
s 100 Definition s 101 Dispensing with by-elections s 102 Council may retain Electoral Commissioner to administer elections, polls and referendums until end of 2012 ordinary election s 102A (Repealed) Part 35 — Provisions consequent on enactment of Local Government Amendment (Conduct) Act 2012
s 103 Definition s 104 Application of amendments s 105 Authorised investigators s 106 References to Minister for Primary Industries in sections 57–66 Part 36 — Provisions consequent on enactment of Local Government Amendment (Conduct of Elections) Act 2013
s 107 Existing arrangements for elections to be administered by Electoral Commissioner Part 37 — Provisions consequent on enactment of Local Government Amendment (Early Intervention) Act 2013
s 108 Definition s 109 Investigations s 110 Public inquiries Part 38 — Provisions consequent on enactment of Local Government and Elections Legislation Amendment (Integrity) Act 2016
s 111 Definition s 112 Disqualifications from holding civic office s 113 Supreme Court orders regarding monetary benefits from non-disclosure Part 39 — Provisions consequent on enactment of Local Government Amendment (Governance and Planning) Act 2016
s 114 Definitions s 115 Periods for abolishing wards and changing councillor numbers or meeting times s 116 Terms of existing mayors s 117 Model meeting codes s 118 Strategies and programs s 119 Integrated planning and reporting guidelines s 120 Existing auditing arrangements for councils other than new councils s 121 Existing auditing arrangements for new councils s 122 Annual sector-wide reports s 123 Audit, Risk and Improvement Committees s 124 Disclosure of pecuniary interests provisions Part 40 — Provision consequent on enactment of Local Government Amendment Act 2019
s 125 Rate freeze for previously amalgamated councils Part 41 — Provisions consequent on enactment of Local Government Amendment Act 2021
Division 1 — Interpretation
s 126 Definitions Division 2 — Rate harmonisation
s 127 Rate harmonisation for ordinary rates s 128 Ways in which ordinary rates may be harmonised s 129 Process for gradual harmonisation s 130 Relationship of Division with other provisions Division 3 — Conservation agreements
s 131 Existing exemptions for conservation agreements Division 4 — Postponed rates and unpaid rates or charges
s 132 Application of amendment concerning postponements Division 5 — Statutory review
s 133 Minister to review amendments Part 42 — Provisions consequent on enactment of Modern Slavery Amendment Act 2021
s 134 Annual reporting about modern slavery—s 428(4)(c) and (d) s 135 Duty to ensure goods and services procured not product of modern slavery—s 438ZE Part 43 — Provisions consequent on enactment of Government Sector Audit and Other Legislation Amendment Act 2022
s 136 Application of Chapter 13, Part 3, Division 2A Part 44 — Provisions consequent on enactment of Local Government Amendment (Employment Arrangements) Act 2024
s 137 Definition s 138 Existing employment contracts of senior staff Part 45 — Provision consequent on enactment of Water Management Amendment (Central Coast Council) Act 2024
s 139 Use of special rates and charges for water supply and sewerage services Part 46 — Provisions consequent on enactment of Local Government Amendment (De-amalgamations) Act 2024
s 140 De-amalgamation of certain areas Part 47 — Provision consequent on enactment of Local Court and Bail Legislation Amendment Act 2025
s 141 Bail decisions made by authorised officer continue in force Schedule 9 — Special provisions relating to Cudgegong (Abattoir) County Council
Part 1 — Winding up of Cudgegong (Abattoir) County Council
s 1 Winding up s 2 Validation of certain acts of liquidator Part 2 — Transfer of liabilities of Cudgegong (Abattoir) County Council after winding up
s 3 Special provision concerning proclamation dissolving Cudgegong (Abattoir) County Council s 4 Enforcement of certain directions Part 3 — Revocation of appointment of administrator and receiver and manager
s 5 Revocation of appointment of administrator and receiver and manager s 6 Transfer of records Schedule 10 — Further provisions about de-amalgamation proposals, de-amalgamation constitutional referendums and de-amalgamations
Part 1 — Preliminary
s 1 Definitions Part 2 — De-amalgamation proposals
s 2 Council to consult on business case before submission s 3 Written business case Part 3 — Referendums
s 4 Process after holding of referendum approved s 5 Conduct of referendum s 6 Carrying of question at referendum Part 4 — Miscellaneous
s 7 De-amalgamation proclamations s 8 Elections following de-amalgamations s 9 Regulations s 10 Saving of predecessor council’s instruments and decisions s 11 Council staff affected by de-amalgamations Schedule 11 — Rural and remote councils
s 1 Application of schedule s 2 Definitions s 3 Designation of rural and remote councils s 4 Wards in rural and remote councils s 5 Rural and remote councillors s 6 Elections for rural and remote councils s 7 Elected councillors—term of office s 8 Casual vacancies for elected councillors s 9 Appointed councillors s 10 Chairperson of council s 11 Deputy chairperson s 12 Fees, expenses and facilities may be paid or provided to councillors s 13 Meetings of council s 14 Disciplinary action for misconduct s 15 Expiry of designation of rural and remote councils s 16 Regulations s 8-11 (Repealed) Division 2 — Alteration in number of councillors
s 26-30A (Repealed) s 39, 40 (Repealed) s 42, 43 (Repealed) s 50, 51 (Repealed) Part 9 — Provisions arising out of Chapter 14 (Honesty and disclosure of interests)
s 52, 53 (Repealed) Dictionary Dictionary 