Operations outside area
25 Operations outside area
A council may provide services outside its own area but cannot exercise its regulatory powers outside its own area except:
by mutual agreement with the council in whose area the powers are to be exercised; or
if the powers are to be exercised outside a local government area
– with the Minister's consent.
For subsection (1)(a), mutual agreement may only be established by resolution of each council to the agreement.
For subsection (1)(b), the council may only seek the Minister's consent by resolution of the council.
However, a council may exercise regulatory and other powers outside its own area without the agreement of another council or the
Minister's consent (as the case requires), if the occasion for exercising the powers arises from circumstances occurring in the council's area.
Example for subsection (4)
A dangerous dog attacks a child in the area of council A and becomes liable to seizure and destruction under the by-laws of that council.
The dog is removed to the area of council B. In this case, council A may (without the agreement of council B) have the dog seized and destroyed in the area of council B.
This Act’s bill:Explanatory statementSecond reading speech
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