Section 16 — Delegations — Local Government Act 1993 (New South Wales) — Barrister AI

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Section 16 — Delegations — Local Government Act 1993 (New South Wales) — Barrister AI

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Local Government Act 1993 No 30, No provisions

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Long title, No provisions

Schedule 4 — (Repealed)

s 1The exemption of areas or parts of areas from the operation of specified provisions of this Act s 2Meetings of the council and its committees s 3Standards for the retention, preservation and destruction of council records s 4Council polls and constitutional referendumsExamples.Conduct of council polls and constitutional referendumsVoting and counting of votes s 5TenderingExamples.Invitations to tenderConsideration of tenders s 5AContracts 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 6Contracting out s 7Water, 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 7ACoastal protection servicesExamples.The minimum standards in carrying out such coastal protection services s 8Approvals 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 8AAA 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 8AFinancial management and auditing s 9Orders 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 11Proposals to constitute or change the boundaries of areas s 12The practice and procedures of councilsExample.The custody and affixing of a council’s seal s 13The administration of a council s 13AInduction courses and other professional development for mayors and councillors s 14ElectionsExamples.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 14AThe 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 15StaffingExamples.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 16Delegations s 17County councils s 17APublic-private partnerships (including meetings of a public-private partnership)s 17BJoint 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 18Management 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 19Conduct of councillors, members of staff and delegates of a council s 19AThe disclosure of pecuniary and other interests.s 19BAudit, Risk and Improvement Committees s 20Rates 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 21MiscellaneousExamples.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)

Section Whole Act

Back1045 / 1283Forward

16

Delegations

Current

Schedule 6—Regulations

16 Delegations

Delegations

This Act’s bill:Explanatory memorandum Second reading speech

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Previouss 15StaffingExamples.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 Nexts 17County councils