Other functions
22 Other functions
A council has the functions conferred or imposed on it by or under any other Act or law.
Note.
While the main functions of councils are provided for under this Act, councils also have functions under other Acts. An important general provision is contained in section 50 of the Interpretation Act 1987 which provides, in part—
A statutory corporation—
has perpetual succession,
shall have a seal,
may take proceedings and be proceeded against in its corporate name,
may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and
may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions …
This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.
Some other Acts and some of the functions they confer include—
Community Land Development Act 2021
planning functions as consent authority
Companion Animals Act 1998
companion animal registration and control
Conveyancing Act 1919
placing covenants on council land
Environmental Planning and Assessment Act 1979
environmental planning
Fire and Rescue NSW Act 1989
payment of contributions to fire brigade costs and furnishing of returns
Fluoridation of Public Water Supplies Act 1957
fluoridation of water supply by council
Food Act 2003
inspection of food and food premises
Library Act 1939
library services
Protection of the Environment Operations Act 1997
pollution control
Public Health Act 2010
inspection of systems for purposes of microbial control
Public Spaces (Unattended Property) Act 2021
taking possession of property
Recreation Vehicles Act 1983
restricting use of recreation vehicles
Roads Act 1993
roads
Rural Fires Act 1997
issue of permits to light fires during bush fire danger periods
requiring the furnishing of information to the Rural Fire Service Advisory Council and its Co-ordinating Committee
State Emergency Service Act 1989
recommending appointment of local commander
Strata Schemes Development Act 2015
approval of strata plans
Swimming Pools Act 1992
ensuring restriction of access to swimming pools
The exercise by a council of its functions under this Act may also be modified by the provisions of another Act. Some of those Acts and some of the modifications they effect include—
Environmental Offences and Penalties Act 1989
forfeiture of council functions to person appointed by Governor
Government Information (Public Access) Act 2009
council required to publish certain information and to grant access to certain documents
Heritage Act 1977
rating based on heritage valuation
Privacy and Personal Information Protection Act 1998
council required to amend certain records that are shown to be incomplete, incorrect, out of date or misleading
State Emergency and Rescue Management Act 1989
council required to prepare for emergencies
Unclaimed Money Act 1995
unclaimed money to be paid to the Chief Commissioner of Unclaimed Money
This Act’s bill:Explanatory memorandumSecond reading speech
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