Local Government Act 2019

In this Act:

Aboriginal community living area means an area granted as an Aboriginal community living area under Part 8 of the Pastoral Land Act 1992, or the corresponding previous legislative provisions.

Aboriginal community living area association means an incorporated association in which an Aboriginal community living area is vested.

acting in an official capacity, in relation to a person or officer, means the person or officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

administrative review committee, see section 324(1).

affected person, for an NTCAT reviewable decision, see section 327(2).

allotment, see section 225.

annual return of interests:

(b) for a staff member of a council or local government subsidiary – see section 178(1) or (2).

approved form means a form approved under section 341.

area, of a council, means the local government area for which the council is constituted.

assessed value, see section 227(2).

assessment record means the assessment record maintained under section 230.

associate, see section 8.

audit committee means an audit committee established and maintained by a council under section 86(1).

auditor, means the person appointed by a council as an auditor for the council under section 209.

Australian Accounting Standards means the following standards in force from time to time and published by the Australian Accounting Standards Board:

(d) Framework for the Preparation and Presentation of Financial Statements.

Australian Accounting Standards Board means the Office of the Australian Accounting Standards Board established by section 226 of the Australian Securities and Investments Commission Act 2001 (Cth).

authorised deposit account, for Chapter 10, Part 10.1, see section 191.

authorised person means a person appointed to be an authorised person under section 183.

borrowing, for Chapter 10, Part 10.3, see section 196.

by-election means a by-election mentioned in section 136.

campaign donation return, for Chapter 8, Part 8.6, see section 147(1).

campaign material, for Chapter 8, Part 8.7, see section 158.

casual vacancy means a vacancy in the office of a member of a council under section 50.

cemetery plan, see section 7 of the Burial and Cremation Act 2022.

CEO, of a council, means the council's chief executive officer as appointed under section 165(1), who is in charge of day‑to‑day operations of the council.

CEO of the Agency means the Chief Executive Officer of the Agency.

chairperson, of a meeting of:

chief executive, of a local government subsidiary, means the local government subsidiary's chief executive as appointed under section 71(1), who is in charge of day‑to‑day operations of the local government subsidiary.

close family relationship means:

(ii) the child or grandchild of the person's spouse or de facto partner; or

(ii) the parent or grandparent of the person's spouse or de facto partner; or

code of conduct, for members of a local government council, see section 119.

code of conduct panel, for Chapter 7, Part 7.4, see section 119.

commission of inquiry means a commission of inquiry established by the Minister under section 309.

commissioner means a person appointed by the Minister to be a commissioner under section 309(2).

committee, for Chapter 3, see section 26.

community cemetery, see section 7 of the Burial and Cremation Act 2022.

complainant, for Chapter 7, Part 7.4, see section 119.

compliance date, for Chapter 10, Part 10.9, see section 214(2).

conclusion, in relation to an election, means the declaration of a poll, or if there is no poll, on declaration that the candidates for election are elected.

conditionally rateable, in relation to land, see section 219.

conflict of interest, in relation to a member of an audit committee, a council, a council committee or a local authority, see section 114.

constituent council means a council that forms a local government subsidiary under section 67(1).

corporation, for Chapter 8, Part 8.6, see section 147(1).

council, for an area, means the local government council constituted for that area under section 14(b).

council area means the area for which the council is constituted under section 14(b).

council committee means a council committee established by a council under section 82.

council senior staff member means a staff member of the council who is:

(a) employed in a position in the management level immediately beneath the CEO (of the council) in the council's organisational structure; and

Crown land, see section 3 of the Crown Lands Act 1992.

decision maker, for Chapter 11, Part 11.4, section 233(5).

decision notice, for a decision, means a written notice setting out:

(b) any right the person to whom the notice is to be given has, under this Act or another Act, to apply for a review of the decision, to apply for a consideration of the matter or to appeal the decision.

Deputy CEO, of a council, see section 165(2).

deputy principal member, of a council, means the member appointed by the council to be the deputy principal member under section 61(3).

details, for Chapter 8, Part 8.6, see section 147(1).

disclosure period, for Chapter 8, Part 8.6, see section 147(1).

disposition of property, for Chapter 8, Part 8.6, see section 147(1).

donation, for Chapter 8, Part 8.6, see section 147.

election means a general election or a by-election.

election day means the day fixed by or under this Act for an election.

elector, for an area or a ward, means a person:

(a) who is an elector within the meaning of section 3 of the Electoral Act 2004; and

(b) who is enrolled within the meaning of section 3 of the Electoral Act 2004 in respect of a place of residence that is in the ward or area.

electoral matter, for Chapter 8, Part 8.7, see section 159.

electoral roll means a roll of electors prepared by the Electoral Commission for an area or a ward under section 139.

entity, for Chapter 8, Part 8.6, see section 147(1).

exempt land, for Chapter 11, Part 11.1, see section 222.

facility, see section 7 of the Burial and Cremation Act 2022.

financial controller means a financial controller appointed under section 317.

general election means:

general rates, see section 237.

governance advisor means a governance advisor appointed under section 216A.

governance controller means a governance controller appointed under section 317A.

gross misconduct, for Chapter 7, Part 7.4, see section 119.

guidelines mean guidelines made by the Minister under section 342.

independent assessor, for Chapter 7, Part 7.4, see section 119.

inspector means an inspector of local government appointed under section 294.

investigator, see section 318(2)(c)(ii).

land includes:

(a) for land held under a pastoral lease or other lease from the Crown – the leasehold interest; and

(b) for land held under a lease from a Land Trust – the leasehold interest; and

(c) for land within an Aboriginal community living area that is held under a lease – the leasehold interest; and

(e) for land held under a lease from the council – the leasehold interest.

Land Council means an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

Land Trust means an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

loan, for Chapter 8, Part 8.6, see section 147(1).

local authority means a local authority established by a council under section 76.

local government area means an area that the Territory is divided into for the system of local government established by this Act.

local government body means:

local government council means the council constituted for a local government area and is responsible for the government and management of the area at the local level.

local government subsidiary, see section 67(1).

Lord Mayor, see section 58(2)(a).

Mayor, see section 58(1) or (3).

member means (according to context) a member of an audit committee, a council, a council committee or a local authority.

mining tenement means:

(iv) a mineral authority that corresponds with a mineral lease, an extractive mineral lease or an extractive mineral permit;

(v) a mineral claim granted under the Mining Act 1980 and continued under section 204 of the Mineral Titles Act 2010 for which the Minister responsible for the administration of the Mineral Titles Act 2010 has not taken an action under section 203 of the Act; and

(ii) a lease granted under the Petroleum (Prospecting and Mining) Act 1954 and continued under section 119(2) of the Petroleum Act 1984.

misconduct, for Chapter 7, Part 7.4, see section 119.

municipality means the local government area classified as a municipality under section 15.

municipal plan, see section 33(2)(a).

NTCAT reviewable decision, see section 327(1).

official manager, see section 318(2)(c)(i).

occupier, of land, means a person who is, either jointly or alone, in possession of the land to the substantial exclusion of others.

ordinary meeting, of a council, see section 90(1).

owner, of land, means:

(b) if the land is held from the Territory or a Land Trust under a pastoral or other lease – the lessee; or

(c) if the land is within an Aboriginal community living area and is held under lease – the lessee; or

(d) if the land is subject to a mining tenement – the holder of the tenement.

prescribed corporation, see section 9.

President, see section 58(2)(b) or (3).

principal member, of a council, means the member appointed or elected to be the principal member under section 60 or 61.

principal ratepayer, for an allotment, see section 229.

private company means a proprietary company as defined in the Corporations Act 2001 with fewer than 25 members.

prospective council means a prospective council established under section 19(2).

public cemetery, see section 7 of the Burial and Cremation Act 2022.

public office, of a council, means the office of the council that is open to the public during business hours.

publish includes publish or broadcast by radio, television, Internet, telephone or other means.

rateable, in relation to land, see section 218.

rate concession, see section 247(1).

ratepayer means a person who pays, or is liable to pay, rates or a charge imposed on land under Chapter 11.

rates, for Chapter 11, Part 11.9, see section 252.

rectification order, for Chapter 10, Part 10.9, see section 214(1).

region means Territory region.

regional plan, see section 33(2)(b).

register of annual returns of interests, see section 111.

register of declared conflicts, see section 116(1).

register of declared gifts and benefits, see section 113(1).

regulatory order, see section 282.

relevant interest rate, see section 10.

relevant returning officer, in relation to material that relates to an election, means the returning officer for an election that is:

(a) after the election to which the material relates but not after the next periodic general election; and

(b) for a ward or local government area affected by the election to which the material relates.

Remuneration Tribunal means the Tribunal as defined in section 2 of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006.

reserve, see section 76 of the Crown Lands Act 1992.

responsible entity, for a community cemetery or a public cemetery, see section 7 of the Burial and Cremation Act 2022.

returning officer, for an election:

reviewable decision, see section 322(1).

road, see section 270.

sanction, for Chapter 7, Part 7.4, see section 119.

secretariat, for Chapter 7, Part 7.4, see section 119.

serious misconduct, for Chapter 7, Part 7.4, see section 119.

shire means a local government area classified as a shire under section 15.

shire plan, see section 33(2)(c).

social or affordable housing includes housing:

(a) leased under a prescribed housing scheme under the Housing Act 1982; or

(b) leased at below-market rates to low or medium income earners, essential workers or people with complex needs.

special meeting, of a council, see section 90(5).

special rates, see section 238.

special resolution means a resolution supported by the votes of at least three-quarters of the total number of members of the council.

Territory region means a local government area classified as a region under section 15.

urban farm land means land classified by a council as urban farm land under section 221.

valuation roll means the valuation roll prepared and maintained under the Valuation of Land Act 1963.

ward means a divided portion of a local government area.

zone means a zone constituted under the Planning Act 1999.

Note for section 7

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.