Local Government (Council Amalgamations) Proclamation 2016

This Proclamation is the Local Government (Council Amalgamations) Proclamation 2016.

This Proclamation commences on the day and at the time at which it is published on the NSW legislation website.

In this Proclamation:

amalgamation day means the time of the day on which this Proclamation commences.

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.

Chief Executive means the Chief Executive of the Office of Local Government.

former area means an area amalgamated by this Proclamation.

former council means the council of a former area.

initial period means the period commencing on the amalgamation day and ending immediately before the first meeting of the new council held after the first council elections for the council.

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).

new area means an area constituted by this Proclamation.

new council means the council of a new area constituted by section 219 of the Act.

register of public surveys means the register of that name kept under the Surveying and Spatial Information Act 2002.

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

the Act means the Local Government Act 1993.

the regulations means regulations made under the Local Government Act 1993.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Proclamation.

Notes included in this Proclamation do not form part of this Proclamation.

The areas specified in the Table to this subclause are amalgamated to constitute new areas when this Proclamation commences with:

the name specified beside the areas in the Table, and

the boundaries shown for each area on the maps kept in the register of public surveys on the amalgamation day and having the identifier numbers specified beside the new areas in the Table.

Table

Column 1

Column 2

Column 3

Areas amalgamated

Name of new areas

Map identifier numbers

Armidale Dumaresq, Guyra

Armidale Regional

PP4966

Ashfield, Leichhardt, Marrickville

Inner West

PP4967

City of Bankstown, City of Canterbury

Canterbury-Bankstown

PP4968

Bombala, Cooma-Monaro Shire, Snowy River

Snowy Monaro Regional

PP4969

Boorowa, Harden, Young

Hilltops

PP4970

Conargo, Deniliquin

Edward River

PP4973

Cootamundra, Gundagai

Gundagai

PP4974

Corowa Shire, Urana

Federation

PP4984

City of Dubbo, Wellington

Western Plains Regional

PP4975

Gloucester, Great Lakes, City of Greater Taree

Mid-Coast

PP4986

City of Gosford, Wyong

Central Coast

PP4976

City of Hurstville, City of Kogarah

Georges River

PP4977

Jerilderie, Murrumbidgee

Murrumbidgee

PP4982

Manly, Pittwater, Warringah

Northern Beaches

PP4983

Murray, Wakool

Murray River

PP4978

Palerang, City of Queanbeyan

Queanbeyan-Palerang Regional

PP4987

Tumbarumba, Tumut Shire

Snowy Valleys

PP4981

The councils of the areas amalgamated by this Proclamation are dissolved.

Schedules 1–17 contain provisions relating to the areas, and councils of those areas, established by this clause.

The area of a new area includes all land contained within each of the former areas incorporated in the new area by this Proclamation.

For the purposes of giving effect to this Proclamation, the Minister may from time to time determine any matter or thing at the Minister’s discretion or if a new council or an Administrator refers any matter or thing requiring determination to the Minister for that purpose.

The Minister may delegate any function of the Minister under this clause to the Chief Executive.

The Chief Executive may sub-delegate to any person any function delegated to the Chief Executive under this clause.

A reference in any Act or instrument to:

a former council whose former area is incorporated in one new area by this Proclamation, or to a predecessor of the former council, is taken to be a reference to the new council, or

a former area that is incorporated in one new area by this Proclamation, or to a predecessor of the former area, is taken to be a reference to that part of the new area that consists of the former area or the predecessor area incorporated in the new area.

Nothing in this Proclamation limits the powers under the Act of a new council or any other person to take any action to change any matter specified by this Proclamation at any time after the initial period.

Note—

Examples of such changes might include changes to the method of election of mayors, changes to wards and changes to councillor numbers.

Subclause (1) does not apply in respect of a matter specified in this Proclamation relating to rates for the 2016/2017 rating year.

A public inquiry under Part 8 of Chapter 13 of the Act into a matter relating to a former council or the members or staff of a former council that was commenced but not completed before the amalgamation day may be continued and completed as if the former council had not ceased to exist.

To avoid doubt, the constitution and operation of a county council, as existing immediately before the amalgamation day, is not affected by any changes to councils or council areas effected by this Proclamation.

The following provisions apply for the purposes of the continuance of the operation of a county council under this clause:

a new council is taken to be a constituent council of a county council instead of a former council if the former council was a constituent council of the county council immediately before the amalgamation day,

the number of members to be elected by the new council to the county council’s governing body is to be the same as the total number of members of the former councils on the governing body,

until the first election of members of the county council’s governing body following the amalgamation day, the Administrator of the new council may exercise the functions (including the voting rights) that would be able to be exercised by persons elected to the governing body by the new council,

until the first election of members of the county council’s governing body following the amalgamation day, the Administrator is to be the chairperson of the county council if the chairperson immediately before the amalgamation day was a councillor of a former council,

elections for the chairperson of the county council and for members of the county council are to be held within 2 months after the first ordinary election of councillors for the new council.

This clause does not prevent a change being made to the constitution or operation of a county council or the dissolution of a county council in accordance with the Act at any time during or after the initial period.

A person nominated as a member of a joint regional planning panel by a former council may continue to exercise and complete any function being exercised by that person as a member immediately before the amalgamation day.

A function exercised under subclause (1) is taken to be exercised by the member as a nominee of the applicable new council.

A person nominated as a member of a joint regional planning panel by a former council ceases to be a nominee of an applicable council and a member of the panel on the amalgamation day, except for the purpose of exercising a function under subclause (1).

In this clause:

joint regional planning panel has the same meaning as in the Environmental Planning and Assessment Act 1979.

In this Part:

Administrator means a person who is appointed under this Proclamation as an Administrator of a new council during the initial period.

contributions plan has the same meaning as in Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979.

deputy general manager means the person appointed by or under this Proclamation as a deputy general manager of a new council.

development control plan has the same meaning as in the Environmental Planning and Assessment Act 1979.

former area, in relation to a new council, means a former area amalgamated into the area of the council by this Proclamation.

former council, in relation to a new council, means a council of a former area amalgamated into the area of the new council by this Proclamation.

interim general manager means the person appointed by or under this Proclamation as an interim general manager of a new council.

The date of the first election of the councillors of a new council is 9 September 2017.

The election is taken to be an ordinary election of councillors for the purposes of the Act or the regulations (other than for the purposes of the application of provisions relating to the administration and holding of first elections for councils and first mayors for councils).

Any contract, agreement or other arrangement entered into by a former council for the administration of an election for a former council is terminated by operation of this clause.

Clause 33 (2) applies to the termination of a contract, agreement or other arrangement by operation of this clause.

If a person appointed as an Administrator of a new council declines the appointment or ceases to hold office under clause 13, the Minister may, by order published in the Gazette, appoint another person as Administrator of the council.

The Minister may, by order published in the Gazette, appoint an additional person or persons as Administrators of a new council, if the Minister is of the opinion that it is necessary to do so for the purposes of facilitating the operations of the council.

The Administrator of a new council has, during the initial period, the functions of the council and the mayor of the council. This subclause is subject to the provisions of this Proclamation and to any order appointing another Administrator.

If an additional Administrator is appointed:

each Administrator has the functions specified in the instrument of appointment, and

the Minister may give directions for the purpose of resolving any issues that arise as a result of there being more than one Administrator.

The salary of an Administrator is to be determined by the Minister and paid from the funds of the new council.

An Administrator who exercises any functions referred to in clause 8 is to be paid a fee for the exercise of those functions that is determined by the Minister and paid from the funds of the county council.

For the purposes of the Act, an Administrator does not, in that position, hold an office or a place of profit under the new council.