Local Government Act 1993

Local Government Act 1993

This Act may be cited as the Local Government Act 1993.

This Act commences on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

absolute majority means – if no councillors are suspended, more than half of the number of councillors to be elected to a council; or if one or more councillors are suspended, more than half of the number of councillors to be elected to a council after subtracting the number of councillors who are suspended;

Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

approved means approved by the Tasmanian Electoral Commission;

assets, for the purpose of Parts 3 and 12A and section 226A, includes – any real or personal property; and any estates or interests in any real or personal property; and any rights, obligations or liabilities;

audit panel means the audit panel established under section 85;

authorised person means a person authorised under section 20A;

ballot material means – a ballot paper; and instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned; and the envelope or envelopes to be used for the return of the ballot paper; and statements of candidates;

Board means the Local Government Board established under section 210;

Board of Inquiry means a Board of Inquiry established under section 215;

by-election means a by-election held under Division 9 of Part 15;

by-laws means by-laws made by a council under Part 11;

candidate means a person whose nomination for an election under Part 15 has been accepted under section 272;

certificate of election means a certificate issued under section 304;

chief executive officer means, in relation to a single authority or joint authority, the person responsible for the administration and operation of that authority;

close associate means a person referred to in section 51;

closing day means the day referred to in section 268A;

code of conduct means the code of conduct made by the Minister, and in force, under section 28R;

code of conduct complaint means a complaint made under section 28V and, where appropriate, includes a part of such a complaint;

Code of Conduct Panel means the Code of Conduct Panel established under section 28K;

community means the community of a municipal area;

competitive neutrality principles means the national competition policy competitive neutrality principles referred to in clause 3 of the Competition Principles Agreement made between the Commonwealth, the States and the Territories;

controlling authority means an authority established under section 29;

council means a council established under section 18;

council committee means a council committee established under section 23;

councillor means a person elected to a council and includes the Lord Mayor, Deputy Lord Mayor, mayor, deputy mayor and alderman;

declaration of a poll means a declaration under section 303;

deputy mayor includes the Deputy Lord Mayor;

Director means the Director of Local Government appointed under section 334;

Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005;

dispute resolution process, in relation to a council, means the process of resolving a dispute that is performed in accordance with the dispute resolution policy adopted by the council in accordance with section 28JA;

election agent means a person authorised by the candidate to act as his or her agent in connection with the candidate's campaign for election;

elector means a person entitled to vote in an election or by-election under Part 15;

elector poll means a poll conducted under Part 6;

electoral advertising means any advertising, by any of the following means, that is directly or indirectly in respect of a campaign for election by a candidate or intending candidate:any notice, sign or poster; any pamphlet or handbill; any "how-to-vote" card; any print medium; any broadcast by radio or television; on the internet;

electoral area means the municipal area or electoral district in which an election is to be held;

Electoral Commissioner means the person holding that office under the Electoral Act 2004;

electoral district means an electoral district referred to in section 17;

electoral material means – ballot papers; and declarations under section 284;

electoral officer means a person appointed as such under section 265;

electoral officer in charge means an electoral officer appointed under section 265(2) to be in charge of an issuing place;

electoral roll means a roll kept under section 258;

Executive Officer means the Executive Officer appointed under section 28M;

financial year means a period of 12 months starting on 1 July in one year and ending on 30 June in the next year;

general manager means the person appointed as such under section 61 and, in Part 15, includes a person nominated under section 253A;

GST law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

initial assessor, in relation to a code of conduct complaint, means the person appointed under section 28ZA(1AA) to be the initial assessor for the complaint;

intending candidate means a person who has publicly declared the intention to nominate for an election under Part 15;

issuing place means a place appointed under section 263;

investigating Panel, in respect of a code of conduct complaint, means the panel convened under section 28L to investigate and determine the complaint;

joint authority means an authority established under section 30;

legal practitioner means an Australian legal practitioner;

list of electors means the list prepared under section 261;

mayor includes the Lord Mayor;

member means – a member of a special committee or a controlling authority; and a person representing a single authority council or a joint authority council on a single authority or a joint authority; and a member of the board of management of a single authority or a joint authority;

municipal area means an area referred to in section 16 and, in Part 15, includes a proposed municipal area;

nomination period means the period beginning at 9 a.m. on the 8th Monday immediately before the closing day and ending at noon on the 6th Monday immediately before the closing day;

notice of election means the notice of election under section 269;

ordinary election means an election under Part 15 that is not a by-election;

participating council means a council that, together with one or more councils, establishes a joint authority;

partner means a partner within the meaning of the Relationships Act 2003;

performance improvement direction means a direction issued to a council or councillor under section 214M;

polling period means a period of at least 10 days, excluding any Saturday, Sunday or statutory holiday as defined in the Statutory Holidays Act 2000, ending on closing day;

prohibited conduct means – discrimination, or prohibited conduct, within the meaning of the Anti-Discrimination Act 1998 that is not the subject to an exception or exemption under Part 5 of that Act; or such other conduct, or behaviour, that is prescribed as prohibited conduct;

proposed municipal area means a municipal area that is to come into existence as a result of an order under section 214E;

public land means public land as specified in section 177A(1);

public office means – in the case of a municipal area, the place at which a council carries on its administrative activities; or in the case of a proposed municipal area, the place at which a council or councils of that proposed municipal area carry out their administrative activities;

rateable land means land in respect of which rates are payable;

rates notice means a notice referred to in section 122;

regulations means the regulations made under this Act;

relevant period means the period starting on the 30th day before the date of notice of election and ending at the end of the polling period;

returning officer means a person appointed as such under section 264;

review means a review carried out by the Board under Part 12A;

roll closure day means the day on which the electoral roll for an electoral area is closed under section 260;

scrutineer means a person appointed as such under section 292;

simple majority means the majority of councillors of a council present and able to vote at a meeting of the council or council committee;

single authority means an authority established under section 30;

single authority council means a council that establishes a single authority;

special committee means a special committee established under section 24;

Tasmanian Electoral Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004;

vehicle means a vehicle within the meaning of the Traffic Act 1925 and a bicycle;

The State is divided into municipal areas.

A municipal area is an area specified in Column 1 of Schedule 3.

A municipal area includes – any accretion from the sea adjoining it; and any part of the sea-shore to the low-water mark adjoining it; and any bridge, jetty, wharf, boat-house, or other structure, that – adjoins the municipal area; or is situated partly within a municipal area and partly on or over an area of the seabed that is adjacent to the municipal area – and any area of land, adjoining the bridge, jetty, wharf, boat-house, or other structure, over which has been granted a right to occupation of the seabed, which right is necessary to enable the use of the bridge, jetty, wharf, boat-house, or other structure.

The Minister, on receiving a report on a review made under section 214D that recommends an adjustment of the boundary of a municipal area or the boundary of an electoral district within a municipal area, regardless of whether the adjustment is minor or significant in nature, may recommend to the Governor that an order be made so adjusting that boundary.

The Minister – on receiving – from the Board, made otherwise than in a report on a review made under section 214D; or from the Director – a recommendation that an adjustment, that is minor in nature, be made to the boundary of a municipal area, or the boundary of an electoral district within a municipal area; and if satisfied that all owners of land who would be affected by the adjustment have been consulted by the relevant councils and have consented, in writing, to the adjustment – may recommend to the Governor that an order be made so adjusting that boundary.

The Governor, by order and on the recommendation of the Minister under subsection (4) or (4A), may do one or both of the following:adjust a boundary of a municipal area; if the municipal area is divided into electoral districts, adjust any boundary of any electoral district as may be necessary.

The Governor, by order, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule so as to give effect to an order made under subsection (5).

A council affected by an adjustment under subsection (5) is to pay the costs associated with that adjustment.

Each municipal area is defined by reference to the relevant plan or plans specified in Column 1 of Schedule 3.

The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to municipal areas to give effect to that order.

A city is an area specified in column 1 of Schedule 3B.

The name of each city is specified in column 2 of Schedule 3B.

A city is defined by reference to the relevant plan specified in column 3 of Schedule 3B.

The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1, 2 or 3 of Schedule 3B or substitute that Schedule in an order made under section 214E relating to cities to give effect to that order.

A municipal area may be divided into 2 or more electoral districts.

The name of each electoral district of a municipal area is specified in column 4 of Schedule 3.

The Governor, on the recommendation of the Minister, may amend, substitute or delete any item in column 4 or 5 of Schedule 3 in an order made under section 214E relating to electoral districts to give effect to that order.

There is established in each municipal area a council.

The name of each council in a municipal area is specified in column 2 of Schedule 3 next to the name of that municipal area.

A meeting of a council is to be conducted in accordance with prescribed procedures.

The Governor, on the recommendation of the Minister, may amend or substitute column 2 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to councils to give effect to that order.

A council is a body corporate with perpetual succession and a common seal.

The corporate name of a council – in a municipal area in which there is a city, is to contain the name of the city or the name of the municipal area; or in a municipal area which is not a city, is to contain the name of the municipal area.

The common seal is to be kept and used as authorized by the council.

The execution of a document sealed by a council is to be attested by such persons as the council determines.

All courts and persons acting judicially must take judicial notice of the common seal on a document and presume that it was duly sealed by a council.

In addition to any functions of a council in this or any other Act, a council has the following functions:to provide for the health, safety and welfare of the community; to represent and promote the interests of the community; to provide for the peace, order and good government of the municipal area.

In performing its functions, a council is to consult, involve and be accountable to the community.

A council may do anything necessary or convenient to perform its functions either within or outside its municipal area.

A council may transfer to a single authority or a joint authority – any of its assets and liabilities on any condition it determines; or any of its employees.

A council may – acquire, hold, dispose of and otherwise deal with property; and sue and be sued in its corporate name.

In order that a council may perform its functions or exercise its powers under this or any other Act, the general manager may authorise a person to enter land for a specific purpose or in general.

An authorised person need not be an employee of a council.

The general manager must give notice to the owner or occupier of the land before entry is made under subsection (1) unless – an emergency exists; or the entry is in relation to an application by the owner or occupier for a licence, permit or other approval given by the council; or notice would defeat the purpose of the entry.

A person entering land under this section is to produce the identity card issued to that person under section 20B.

The general manager may revoke an authority under this section.

The general manager is to ensure that a person authorised to enter land pursuant to section 20A is issued with an identity card.

An identity card is to – specify the name of the person; and contain a recent photograph of the person; and specify the date of issue; and specify the council or agent of the council that employs the person.

A person whose authority is revoked under section 20A(5) must return his or her identity card to the general manager within 3 days of the revocation. Fine not exceeding 10 penalty units.