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This Act may be cited as the Local Government Act 1993.
This Act commences on a day or days to be appointed by proclamation.
Expressions used in this Act (or in a particular provision of this Act) which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities, except to the extent to which this Act otherwise provides.
Note.
Particular provisions relating to the Crown are found in the following sections—
• sections 72–74—concerning determination of Crown applications for approvals
• section 111—concerning revocation or modification of approvals given to the Crown
• section 126—concerning the giving of orders affecting Crown land (including Crown managed land) and commons
• sections 555 and 561—concerning rates and charges on land owned by the Crown
• section 560—concerning the liability to pay rates in respect of land owned by the Crown
• section 611—concerning the imposition of an annual charge for certain things on, under or over public places
• section 708—service of notices on the Crown
• section 714—prohibition on sale of Crown lands for unpaid rates and charges
This Act applies to those parts of the State that are constituted as areas for the purposes of this Act, except as provided by or under this Act.
Note.
This Act does not apply to the whole of New South Wales. Some parts of the State do not come within a local government area. For example, parts of the Western Division of the State (to which the Crown Land Management Act 2016 applies) and Lord Howe Island (to which the Lord Howe Island Act 1953 applies) are not subject to this Act.
Some local government areas or parts may not be subject to this Act (or to all of its provisions) because of special statutory exceptions. Other exceptions may be provided by regulations made under this Act.
Notes, charts and diagrams are explanatory notes and do not form part of this Act. They are provided to assist understanding.
The purposes of this Act are as follows—
to provide the legal framework for the system of local government for New South Wales,
to set out the responsibilities and powers of councils, councillors and other persons and bodies that constitute the system of local government,
to provide for governing bodies of councils that are democratically elected, or for certain rural and remote councils, part elected and part appointed,
to facilitate engagement with the local community by councils, councillors and other persons and bodies that constitute the system of local government,
to provide for a system of local government that is accountable to the community and that is sustainable, flexible and effective.
The object of the principles for councils set out in this Chapter is to provide guidance to enable councils to carry out their functions in a way that facilitates local communities that are strong, healthy and prosperous.
Exercise of functions generally The following general principles apply to the exercise of functions by councils—
Councils should provide strong and effective representation, leadership, planning and decision-making.
Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.
Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.
Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.
Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.
Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.
Councils should work with others to secure appropriate services for local community needs.
Councils should act fairly, ethically and without bias in the interests of the local community.
Councils should be responsible employers and provide a consultative and supportive working environment for staff.
Decision-making The following principles apply to decision-making by councils (subject to any other applicable law)—
Councils should recognise diverse local community needs and interests.
Councils should consider social justice principles.
Councils should consider the long term and cumulative effects of actions on future generations.
Councils should consider the principles of ecologically sustainable development.
Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.
Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.
The following principles of sound financial management apply to councils—
Council spending should be responsible and sustainable, aligning general revenue and expenses.
Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.
Councils should have effective financial and asset management, including sound policies and processes for the following—
performance management and reporting,
asset maintenance and enhancement,
funding decisions,
risk management practices.
Councils should have regard to achieving intergenerational equity, including ensuring the following—
policy decisions are made after considering their financial effects on future generations,
the current generation funds the cost of its services.
The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils—
Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.
Councils should identify strategic goals to meet those needs and aspirations.
Councils should develop activities, and prioritise actions, to work towards the strategic goals.
Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.
Councils should regularly review and evaluate progress towards achieving strategic goals.
Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.
Councils should collaborate with others to maximise achievement of strategic goals.
Councils should manage risks to the local community or area or to the council effectively and proactively.
Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.
A council must give notice to the public of the times and places of its meetings and meetings of those of its committees of which all the members are councillors.
A council and each such committee must have available for the public at its offices and at each meeting copies (for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting.
In the case of a meeting whose agenda includes the receipt of information or discussion of other matters that, in the opinion of the general manager, is likely to take place when the meeting is closed to the public—
the agenda for the meeting must indicate that the relevant item of business is of such a nature (but must not give details of that item), and
the requirements of subsection (2) with respect to the availability of business papers do not apply to the business papers for that item of business.
The copies are to be available to the public as nearly as possible to the time they are available to councillors.
The copies are to be available free of charge.
A notice given under this section or a copy of an agenda or of a business paper made available under this section may in addition be given or made available in electronic form.