New South Wales Consolidated Acts
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LOCAL GOVERNMENT ACT 1993
- As at 15 October 2020
- Act 30 of 1993
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
1. Name of Act
4. Does this Act bind the Crown?
5. To what parts of the State does this Act apply?
6. Notes in the text
CHAPTER 2 - WHAT ARE THE PURPOSES OF THIS ACT?
7. Purposes of Act
CHAPTER 3 - PRINCIPLES FOR LOCAL GOVERNMENT
8. Object of principles
8A. Guiding principles for councils
8B. Principles of sound financial management
8C. Integrated planning and reporting principles that apply to councils
CHAPTER 4 - HOW CAN THE COMMUNITY INFLUENCE WHAT A COUNCIL DOES?
PART 1 - OPEN MEETINGS
9. Public notice of meetings
10. Who is entitled to attend meetings?
10A. Which parts of a meeting can be closed to the public?
10B. Further limitations relating to closure of parts of meetings to public
10C. Notice of likelihood of closure not required in urgent cases
10D. Grounds for closing part of meeting to be specified
11. Public access to correspondence and reports
PART 2 - (Repealed)
PART 3 - EXPRESSIONS OF COMMUNITY OPINION
Division 1 - Council polls
14. Council polls
Division 2 - Constitutional referendums
15. What is a constitutional referendum?
16. What matters must be dealt with at a constitutional referendum?
17. What is the effect of a constitutional referendum?
Division 3 - General provisions concerning a council poll or constitutional referendum
18. What provisions apply to the conduct of a council poll or constitutional referendum?
19. Day for taking council poll or constitutional referendum
20. When is a question at a council poll or constitutional referendum carried?
CHAPTER 5 - WHAT ARE A COUNCIL'S FUNCTIONS?
21. Functions under this Act
22. Other functions
23. Supplementary, incidental and consequential functions
23A. Departmental Chief Executive's guidelines
CHAPTER 6 - WHAT ARE THE SERVICE FUNCTIONS OF COUNCILS?
PART 1 - GENERAL
24. Provision of goods, services and facilities and carrying out of activities
PART 2 - PUBLIC LAND
Division 1 - Classification and reclassification of public land
25. All public land must be classified
26. What are the classifications?
27. How are the classifications made?
28. Forwarding of planning proposals to Minister for Planning
29. Public hearing into reclassification
30. Reclassification of community land as operational
31. Classification of land acquired after 1 July 1993
32. Reclassification of land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979
33. Reclassification of operational land as community land
34. Public notice to be given of classification or reclassification by council resolution
Division 2 - Use and management of community land
35. What governs the use and management of community land?
36. Preparation of draft plans of management for community land
36A. Community land comprising the habitat of endangered species
36B. Community land comprising the habitat of threatened species
36C. Community land containing significant natural features
36D. Community land comprising area of cultural significance
36DA. Location of places and items of Aboriginal significance may be kept confidential
36E. Core objectives for management of community land categorised as a natural area
36F. Core objectives for management of community land categorised as a sportsground
36G. Core objectives for management of community land categorised as a park
36H. Core objectives for management of community land categorised as an area of cultural significance
36I. Core objectives for management of community land categorised as general community use
36J. Core objectives for management of community land categorised as bushland
36K. Core objectives for management of community land categorised as wetland
36L. Core objectives for management of community land categorised as an escarpment
36M. Core objectives for management of community land categorised as a watercourse
36N. Core objectives for management of community land categorised as foreshore
37. Requirements of plans of management for community land that is not owned by the council
38. Public notice of draft plans of management
39. Notice to owner of draft plan of management
40. Adoption of plans of management
40A. Public hearing in relation to proposed plans of management
41. Amendment of plans of management
42. Revocation and cessation of plans of management
43. Public availability of plans of management
44. Use of community land pending adoption of plan of management
45. What dealings can a council have in community land?
46. Leases, licences and other estates in respect of community land--generally
46A. Means of granting leases, licences and other estates
47. Leases, licences and other estates in respect of community land--terms greater than 5 years
47A. Leases, licences and other estates in respect of community land--terms of 5 years or less
47AA. Special provisions for leases, licences and other estates granted for filming projects
47B. Lease or licence in respect of natural area
47C. Sublease of community land
47D. Occupation of community land otherwise than by lease or licence
47E. Development of community land
47F. Dedication of community land as public road
Division 3 - Miscellaneous
47G. Public hearings
48. Responsibility for certain public reserves
49. Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance
50. Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964
51. Use of land held for drainage purposes
52. Effect of sec 28 of the Environmental Planning and Assessment Act 1979
53. The council's land register
54. Certificate as to classification of land
54A. Community land to be described in common terms
54B. Transfer of certain institutional private trust land
PART 2A - ENVIRONMENTAL UPGRADE AGREEMENTS
54D. Environmental upgrade agreement
54E. What are environmental upgrade works?
54F. Buildings that can be subject of environmental upgrade agreement
54G. Contents of environmental upgrade agreement
54H. Council fees under agreement
54I. Power to levy environmental upgrade charge
54J. Application of other charge provisions to environmental upgrade charge
54K. Special provisions relating to strata buildings
54L. Payment of environmental upgrade charge
54M. Liability of council to recover charge
54N. Recovery of contributions from lessees
54O. Agreements to be made on a voluntary basis
54P. Reporting requirements
54R. Changes to council area
PART 3 - RESTRAINTS AND QUALIFICATIONS THAT APPLY TO SERVICE FUNCTIONS
Division 1 - Tendering
55. Requirements for tendering
55A. Extended operation of section 55 to council-related entities
Division 2 - Water supply, sewerage and stormwater drainage works and facilities
56. Application of Division
57. Construction of works
58. Handing over of works
59. Vesting of works
59A. Ownership of water supply, sewerage and stormwater drainage works
60. Ministerial approval required for certain council works
61. Ministerial directions concerning certain works
62. Ministerial powers during emergencies
63. Effect of failure to comply with directions
64. Construction of works for developers
65. Powers of Minister for Primary Industries--entry on to land and other powers
66. Appointment of administrator
Division 3 - Private works
67. Private works
Division 4 - (Repealed)
CHAPTER 7 - WHAT ARE THE REGULATORY FUNCTIONS OF COUNCILS?
PART 1 - APPROVALS
Division 1 - What activities require approval?
68. What activities, generally, require the approval of the council?
68A. Meaning of "operate a system of sewage management"
68B. Approvals not personal property under Personal Property Securities Act 2009 (Cth)
Division 2 - Crown activities
69. Crown exemption from approval to do things incidental to erection or demolition of building
70, 71. (Repealed)
72. Determination of applications by the Crown
73. Effect of council's failure to determine Crown application
74. Prohibition on appeals concerning Crown applications
Division 3 - Making and determination of applications for approval--generally
75. Applications for approval
76. What may an application relate to?
77. Relevant regulations and local policies to be brought to notice of intending applicants
78. Who may make an application?
79. What is the form of application?
80. Is there an application fee?
81. What matters must accompany an application?
82. Objections to application of regulations and local policies
83. Ownership and use of plans and specifications
84. Acknowledgment of application
85. Rejection of unclear or illegible applications
86. Request for more information
87. Amendment of applications
88. Withdrawal of applications
89. Matters for consideration
91. Giving effect to concurrence
92. Approval where an accreditation is in force
93. Certification by qualified persons
94. Determination of application
95. "Deferred commencement" approval
96. Staged approval
97. Conditions concerning security
98. Other conditions
99. Notice to applicant of determination of application
100. Review of determination
101. Date from which approval operates
102. Insurance for residential building work
102A. Evidence of insurance-related matters
103. When does an approval lapse?
105. Circumstances in which approval is taken to have been refused
106. Can approvals be amended?
107. Can approvals be extended or renewed?
107A. Special provision--renewal of approvals relating to operation of sewage management systems
108. Can approvals be revoked or modified?
109. In what circumstances can an approval be revoked or modified?
110. Notice to be given of proposed revocation or modification
111. Application of secs 108, 109 and 110 to the Crown
112. Entitlement to compensation
113. Record of approvals
Division 4 - Approvals for filming
114. What is the purpose of this Division?
115. Applications for approvals for filming
116. Form of, and security deposits, bonds, fees and charges for, filming proposal
117. Acknowledgment of application and notification of fees
118. What matters must accompany a filming proposal?
119. Filming protocol to be brought to attention of intending applicants
119A. Amendment and withdrawal of applications
119B. Application for approvals under Division 3
119C. Application for approval other than under Division 3
119CA. Presumption in favour of grant of approval
119D. Applicable filming protocol
119E. Advertising or notification of applications made in filming proposal
119F. Application of this Division
Division 5 - Accreditation of components, processes and designs
120. Application for accreditation
121. Determination of application
122. Revocation of accreditation
123. Councils to be informed of accreditation and revocation
123A. Application for extension or renewal of accreditation
123B. Acceptance of accreditation by others
PART 2 - ORDERS
Division 1 - Giving of orders
125. Abatement of public nuisances
126. Giving orders to public authorities
127. Making of regulations for the purposes of this Division
128. Catchment districts
128A. Orders about removal or keeping of waste
Division 2 - Procedures to be observed before giving orders
129. Circumstances in which compliance with this Division is required
130. Effect of compliance with this Division
131. Criteria to be considered before order is given
131A. Orders that make or are likely to make residents homeless
132. Notice to be given of proposed order
133. Making of representations
134. Hearing and consideration of representations
135. Procedure after hearing and consideration of representations
Division 3 - Orders generally
136. Reasons for orders to be given
137. Period for compliance with order
138. Notice of right to appeal against order
138A. Approval or consent not required to comply with order
139. Order may specify standards and work that will satisfy those standards
140. Compliance with order referred to in sec 139(2)
141. Council's response to submission of particulars of work by owner
142. Orders affecting heritage items
143. Combined orders
144. Giving and taking effect of orders
145. Orders may be given to two or more persons jointly
146. Notice in respect of land or building owned or occupied by more than one person
147. Compliance with orders by occupiers or managers
148. Occupier of land may be required to permit owner to carry out work
152. Modification of orders
153. Revocation of orders
154. The Minister may exercise any function concerning an order that a council may exercise
155. Effect of inconsistency between council's order and Minister's order
156. Minister may revoke or modify a council's order
157. Limitation on Minister's orders
PART 3 - ADOPTION OF LOCAL POLICIES CONCERNING APPROVALS AND ORDERS
158. Preparation of draft local policy for approvals
159. Preparation of draft local policy for orders
160. Public notice and exhibition of draft local policy
161. Adoption of draft local policy
162. Departmental Chief Executive's consent required to exemption from necessity for approval
163. Effect of inconsistency between council's local policy and this Act or the regulations
164. Local policy not to be more onerous than this Act or the regulations
165. Amendment and revocation of local policy
166. Public notice of adoption of local policy
167. Public availability of local policy
PART 4 - (Repealed)
PART 5 - APPEALS
Division 1 - Approvals and orders
176. Appeal by an applicant concerning an approval
177. Appeal by an applicant as to whether a "deferred commencement" approval operates
178. Appeal against the revocation or modification of an approval
179. Awarding of compensation concerning approvals
180. Appeals concerning orders
181. Awarding of compensation concerning orders
182. Appeals concerning particulars of work submitted to councils
183. Effect of appeal on order
184. Court's powers not limited by this Division
Division 2 - (Repealed)
CHAPTER 8 - WHAT ANCILLARY FUNCTIONS DOES A COUNCIL HAVE?
PART 1 - ACQUISITION OF LAND
186. For what purposes may a council acquire land?
187. How does a council acquire land?
188. Restriction on compulsory acquisition of land for re-sale
189. No restriction as to area
190. Special provisions relating to land containing minerals
PART 2 - ENTRY ON TO LAND AND OTHER POWERS
191. Power of entry
191A. Power of entry--construction and maintenance of water supply, sewerage and stormwater drainage works
192. Inspections and investigations
193. Notice of entry
194. Use of force
195. Notification of use of force or urgent entry
196. Care to be taken
197. Recovery of cost of entry and inspection
199. Authority to enter premises
200. In what circumstances can entry be made to a residence?
201. Search warrants
202, 203. (Repealed)
CHAPTER 9 - HOW ARE COUNCILS ESTABLISHED?
PART 1 - AREAS
Division 1 - How are areas constituted and dissolved?
204. Constitution of areas
205. Land taken to be included in an area
206. Constitution of cities
207. Names of areas
208. Effect of changing name
210. Division of areas into wards
210A. Consultation, public notice and exhibition of proposals regarding ward boundaries
210B. Approval to abolish all wards in council's area
211. Ward boundaries
212. Dissolution of areas
213. Facilitating provisions of proclamations
Division 2 - What must be done before areas can be constituted?
214. Exercise of functions under sec 204
215. Who may initiate a proposal?
216. Public notice to be given of a proposal
217. Making of representations
218. Referral of proposal for examination and report
Division 2A - How are areas amalgamated or their boundaries altered?
218A. Amalgamation of areas
218B. Alteration of boundaries of areas
218C. Facilitating provisions of proclamations
218CA. Maintenance of staff numbers in rural centres
218CB. Transitional provision for maintenance of pre-amalgamation rate paths
Division 2B - What must be done before areas can be amalgamated or their boundaries altered?
218D. Exercise of functions under secs 218A and 218B
218E. Who may initiate a proposal?
218F. Referral of proposal for examination and report
Division 2C - (Repealed)
PART 2 - COUNCILS
Division 1 - Constitution
219. Constitution of councils
220. Legal status of a council
221. What is a council's name?
222. Who comprise the governing body?
223. Role of governing body
224. How many councillors does a council have?
224A. Approval to reduce number of councillors
Division 2 - The mayor
225. The mayor
226. Role of mayor
227. Who elects the mayor?
228. How is it decided that the mayor be elected by the electors?
229. Can the decision be changed?
230. For what period is a mayor elected?
231. Deputy mayor
Division 3 - The councillors
232. The role of a councillor
233. For what period is a councillor elected?
233A. Oath and affirmation for councillors
234. When does a vacancy occur in a civic office?
Division 4 - Local Government Remuneration Tribunal
235. Local Government Remuneration Tribunal
237. Provisions relating to the appointment, term of office and remuneration of the Remuneration Tribunal and assessors
238. Functions of the Remuneration Tribunal
239. Categorisation of councils and mayoral offices
240. How are the categories to be determined?
241. Determination of fees
242. Special determinations
242A. Tribunal to give effect to declared government policy on remuneration for public sector staff
244. Reports of the Remuneration Tribunal
245. Publication and tabling of reports
246. Effect of determination
247. Assistance for the Remuneration Tribunal
Division 5 - What fees, expenses and facilities may be paid or provided to councillors?
248. Fixing and payment of annual fees for councillors
248A. Annual fees or other remuneration not to be paid during period of suspension
249. Fixing and payment of annual fees for the mayor
250. At what intervals are fees to be paid?
251. What is the consequence of paying fees?
252. Payment of expenses and provision of facilities
253. Requirements before policy concerning expenses and facilities can be adopted or amended
254. Decision to be made in open meeting
254A. Circumstances in which annual fees may be withheld
Division 6 - Appointment of administrator
255. Governor may dismiss mayor and councillors
256. Governor may appoint administrator or order fresh election
257. Declaration of council as non-functioning
259. Temporary exercise of the council's functions
PART 3 - LOCAL GOVERNMENT BOUNDARIES COMMISSION
260. Constitution of the Boundaries Commission
261. Membership of Boundaries Commission
262. How is a panel to be constituted for the purposes of making an appointment as a commissioner?
263. Functions of the Boundaries Commission
264. Can a person be represented in proceedings before the Boundaries Commission?
265. Boundaries Commission may conduct survey or poll
CHAPTER 10 - HOW ARE PEOPLE ELECTED TO CIVIC OFFICE?
PART 1 - WHO MAY VOTE?
266. Who has the right to be enrolled as an elector?
267. Who has the right to vote?
268. One vote per elector
269. Who is a "resident" for the purposes of this Part?
270. Who is an "owner of rateable land" for the purposes of this Part?
271. Who is an "occupier" or "ratepaying lessee" for the purposes of this Part?
272. Competing claimants
273. Application of Part to area not divided into wards
PART 2 - WHO MAY BE ELECTED?
274. What are the qualifications for civic office?
275. Who is disqualified from holding civic office?
276. What is the effect of disqualification?
277. May the holder of a civic office be re-elected?
PART 3 - WHAT IS THE SYSTEM OF ELECTION?
278. Election of councillors for an area not divided into wards
279. Alternative methods for election of councillors for an area divided into wards
280. Ward election of councillors--method 1
281. Election of councillors partly by wards, partly by area--method 2
282. Election of mayor
283. Double candidature
284. Voting system for election of the mayor by all the electors of the area
285. Voting system for election of councillors
286. Is voting compulsory?
PART 4 - WHEN ARE ELECTIONS HELD?
287. When is an ordinary election of councillors held?
288. Delayed elections of councillors
289. When is an election of a mayor by the electors to be held?
290. When is an election of a mayor by the councillors to be held?
PART 5 - HOW ARE CASUAL VACANCIES FILLED?
291A. Countback to be held instead of by-election in certain circumstances
292. When is a by-election to be held?
293. Delayed by-elections
294. Dispensing with by-elections
294A. Casual vacancy not to be filled where councillor numbers reduced
294B. Casual vacancy not to be filled where councillor numbers reduced--approved by constitutional referendum
295. Casual vacancy in office of mayor elected by the councillors
PART 6 - HOW ARE ELECTIONS CONDUCTED?
Division 1 - Administration of elections
296AA. Councils to plan for administration of elections
296. How elections are to be administered
296A. Elections administered by an electoral services provider
296B. Elections administered by the Electoral Commissioner
297. Delegation of functions by the Electoral Commissioner
Division 2 - Electoral rolls
298. Residential roll
299. Non-residential roll
300. Roll of occupiers and ratepaying lessees
301. Roll of electors
302. Public inspection of roll of electors
303. Making of claims for inclusion in the roll
304. Enrolment if qualified in more than one respect
305. Provisional voting
Division 3 - Nominations and election
307. Nomination where name omitted from roll
308. Candidate information sheets
308A. Grouping of candidates
308B. Group voting--recording of votes
308C. Group voting--marking of ballot-papers
308D. Group voting--regulations
309. Contested elections
310. Conduct of contested elections
310A. Postal votes
310B. Elections may be conducted exclusively by postal voting
311. Uncontested elections
Division 4 - Where residents fail to vote
313. Check on double-voting and failure to vote
314. Penalty notice to be issued for failure to vote
315. Evidence in list of non-voters
Division 5 - Miscellaneous
316. Position on ballot-paper
317. Validity of elections
318. Lapsed or void election
PART 6A - POSTPONEMENT OF ELECTIONS
318B. Postponement of elections
318C. Revocation of postponement
PART 7 - POLITICAL PARTIES
319. Local Government Register of Political Parties
320. Registration of political parties
321. Party endorsement on ballot-papers
322. Independent candidate on ballot-papers
323. Printing of political party name on ballot-papers
324. Form of political party name on ballot-papers
PART 8 - ENFORCEMENT POWERS IN RELATION TO ELECTIONS
325. Enforcement powers of Electoral Commission
PART 8A - POLITICAL DONATIONS
328A. General manager to keep register of political donation disclosures
328B. Reference by general manager to Departmental Chief Executive of political donation matters
PART 9 - DISMISSAL FROM CIVIC OFFICE
329. Can the holder of a civic office be dismissed?
331. When does an order of dismissal take effect?
CHAPTER 11 - HOW ARE COUNCILS STAFFED?
PART 1 - ORGANISATION STRUCTURE
332. Determination of structure
333. Re-determination and review of structure
PART 2 - THE GENERAL MANAGER AND OTHER SENIOR STAFF
334. Appointment of general manager
335. Functions of general manager
336. Filling of vacancy in position of general manager
337. Council to be consulted as to appointment and dismissal of senior staff
338. Nature of contracts for senior staff
340. Industrial arbitration excluded
341. Duty to report bankruptcy
PART 3 - THE PUBLIC OFFICER
342. Appointment of the public officer
343. Functions of the public officer
PART 4 - EQUAL EMPLOYMENT OPPORTUNITY
345. Preparation and implementation of EEO management plans
346. Inconsistencies with the Anti-Discrimination Act 1977
PART 5 - OTHER PROVISIONS CONCERNING STAFF
348. Advertising of staff positions
349. Appointments to be on merit
350. Appointments to which secs 348 and 349 do not apply
351. Temporary appointments
352. Independence of staff for certain purposes
353. Other work
354. Restriction on appointment of a former mayor or councillor
354A. Ministerial approval for certain termination payments to senior staff
PART 6 - ARRANGEMENTS FOR COUNCIL STAFF AFFECTED BY THE CONSTITUTION, AMALGAMATION OR ALTERATION OF COUNCIL AREAS
354C. No forced redundancy of affected staff members during proposal period
354D. Preservation of entitlements of staff members
354E. Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval
354F. No forced redundancy of non-senior staff members for 3 years after transfer
354G. Lateral transfer of non-senior staff members
354H. External advertising not required in certain circumstances
354I. Limitations on transfer of work base of non-senior staff
CHAPTER 12 - HOW DO COUNCILS OPERATE?
PART 1 - GENERAL
355. How a council may exercise functions
356. Can a council financially assist others?
357. Can a council exercise its functions only within its area?
358. Restrictions on formation of corporations and other entities
359. Can a council act as an agent?
PART 2 - HOW ARE DECISIONS MADE?
Division 1 - Code of meeting practice
360. Conduct of meetings of councils and committees
361. Preparation, public notice and exhibition of draft code
362. Adoption of draft code
363. Amendment of the code
364. Public availability of the code
Division 2 - Other provisions concerning council meetings
365. How often does the council meet?
366. Calling of extraordinary meeting on request by councillors
367. Notice of meetings
368. What is the quorum for a meeting?
369. Who presides at meetings of the council?
370. What are the voting entitlements of councillors?
370A. Powers of Minister in relation to meetings
371. What constitutes a decision of the council?
372. Rescinding or altering resolutions
373. Committee of council
374. Certain circumstances do not invalidate council decisions
375A. Recording of voting on planning matters
376. Attendance of general manager at meetings
PART 3 - DELEGATION OF FUNCTIONS
377. General power of the council to delegate
378. Delegations by the general manager
379. Delegation of regulatory functions
380. Review of delegations
381. Exercise of functions conferred or imposed on council employees under other Acts
PART 4 - INSURANCE
382. Insurance against liability
PART 5 - COUNTY COUNCILS
383. Proposal to establish or dissolve a county council or amend its constitution
384. Public notice to be given of a proposal
385. Making of representations
386. Minister's recommendation concerning the proposal
387. Formation of county councils
388. Legal status of county councils
389. What is a county council's name?
390. Who comprise the governing body?
391. The chairperson
391A. What are the functions of the chairperson?
392. Vacancy in office of member
393. Area of operations of county council
394. Functions of county council
394A. County councils to consider regional strategies
395. General manager of county council
396. How often does a county council meet?
397. Amendment and dissolution of county councils
398. Facilitating provisions of proclamations
399. Making of financial contributions by constituent councils
400. Application of Act to county councils
400AA. Special provisions relating to Cudgegong (Abattoir) County Council
PART 6 - PUBLIC-PRIVATE PARTNERSHIPS
Division 1 - Preliminary
400C. Guidelines to be followed by councils in relation to public-private partnerships
400D. Ancillary provisions relating to PPP guidelines
Division 2 - Restrictions relating to public-private partnerships
400E. General requirements
400F. Council to provide assessment of PPP project to Departmental Chief Executive
400G. Minister may require PPP project to be referred to Project Review Committee
400H. Departmental Chief Executive may require council to provide assessment of varied PPP project
400I. Review of PPP project by Project Review Committee
Division 3 - Local Government Project Review Committee
400J. Establishment and constitution of Project Review Committee
Division 4 - Miscellaneous provisions
400K. Compensation not payable
400L. Decision by council to enter into public-private partnership
400M. No contracting out
400N. Application of Part
PART 7 - JOINT ORGANISATIONS
400O. Formation of joint organisations
400P. Council must approve inclusion of council area in joint organisation area
400Q. Legal status of joint organisations
400R. Principal functions of joint organisations
400S. Other functions of joint organisations
400T. Board of joint organisation
400U. Role of board
400W. Alternates for voting representatives
400X. Vacancy in office of representatives or non-voting chairperson
400Y. Executive officer
400Z. Exercise of functions
400ZA. Decisions and powers of joint organisations
400ZB. Effect of appointment of administrator for member council
400ZC. Amendment and dissolution of joint organisations
400ZD. Facilitating provisions of proclamations
400ZF. Financial matters
400ZH. Application of Act to joint organisations
CHAPTER 13 - HOW ARE COUNCILS MADE ACCOUNTABLE FOR THEIR ACTIONS?
PART 1 - PRELIMINARY
401. Application of Chapter
PART 2 - STRATEGIC PLANNING
402. Community strategic plan
403. Resourcing strategy
404. Delivery program
405. Operational plan
406. Integrated planning and reporting guidelines
PART 3 - FINANCIAL MANAGEMENT
Division 1 - Funds
408. The council's funds
409. The consolidated fund
410. Alternative use of money raised by special rates or charges
411. The trust fund
Division 2 - Accounting records, financial reports and auditing
412. Accounting records
413. Preparation of financial reports
415. Auditing of financial reports
416. Time for preparation and auditing of financial reports
417. Auditor's reports
418. Public notice to be given of presentation of financial reports
419. Presentation of council's financial reports
420. Submissions on financial reports and auditor's reports
421. Interim reports
Division 2A - Other audit functions
421B. Performance audits
421C. Auditor-General may report on local government on sector-wide basis
421D. Tabling of reports
421E. Other audit functions
Division 3 - Auditors
422. Auditor-General to be council auditor
423. Access to and production of documents
424. Access to records of authorised deposit-taking institution
426. Auditor-General is to communicate with Minister
PART 4 - ANNUAL REPORTS
428. Annual reports
428A. State of the environment reports
PART 5 - INQUIRIES, REVIEWS AND SURCHARGING
Division 1 - Inquiries and reviews
429. Provision of documents or information about council
429A. Complaints about councils, councillors, delegates and staff
430. Departmental Chief Executive may investigate councils
431. Powers in connection with investigation
432. Entry on to premises
433. Report of investigation
434. Council's response to report
434A. Council's response to Ombudsman's report
434B. Expenses of investigation to be borne by council
Division 2 - Surcharging
435. Surcharging by Departmental Chief Executive
436. Procedure for surcharging
437. Applications for administrative review by NCAT
438. Recovery of amount surcharged
PART 6 - PERFORMANCE MANAGEMENT
438A. Performance improvement order
438B. Criteria to be considered by Minister
438C. Minister to give notice of intention to issue or vary performance improvement order
438D. Performance improvement order to be made public
438E. Compliance with performance improvement order
438F. Compliance report
438G. Appointment of temporary adviser
438H. Co-operation with temporary adviser
438HA. Enforcement of performance improvement order against councillor
438HB. Appointment of financial controller
438HC. Operations of financial controller
PART 7 - TEMPORARY SUSPENSION OF COUNCIL
438I. Power of Minister to suspend council
438J. Criteria to be considered by Minister
438K. Minister to give notice of intention to suspend council
438L. Effect of suspension on councillors
438M. Appointment of interim administrator
438N. Report by interim administrator
438O. Suspension period
438P. Performance improvement orders during suspension period
438Q. Maximum number of suspensions
438R. Ordinary election during suspension period
438S. Election of mayor during suspension period
438T. No amalgamations or alterations to area during suspension
PART 8 - PUBLIC INQUIRIES
438U. Public inquiries
438V. Expenses of public inquiry to be borne by council in certain circumstances
438W. Suspension of council during public inquiry
438X. Effect of suspension
438Y. Appointment of interim administrator
438Z. Termination of suspension
438ZA. Ordinary election during suspension period
438ZB. Election of mayor during suspension period
438ZC. Issue of performance improvement orders in response to public inquiry
PART 9 - GENERAL
438ZD. Service of Ministerial and departmental documents
CHAPTER 14 - HONESTY AND DISCLOSURE OF INTERESTS
PART 1 - CONDUCT
Division 1 - Conduct generally
439. Conduct of councillors, staff, delegates and administrators
440. Codes of conduct
440AAA. Content of model code
440AAB. Register and tabling of returns
440AA. Administration of code of conduct
Division 2 - Serious corrupt conduct
440A. Definition of "serious corrupt conduct"
440B. Dismissal and disqualification from civic office for serious corrupt conduct
440C. Temporary suspension from civic office for serious corrupt conduct
440D. Temporary suspension of staff in connection with serious corrupt conduct
440E. Application of Division
Division 3 - Misconduct
440G. Formal censure of councillor for misconduct
440H. Departmental Chief Executive may investigate or seek report on misconduct of councillor
440I. Departmental Chief Executive may take disciplinary action for misconduct
440J. Alternatives to disciplinary action by the Departmental Chief Executive
440K. Suspension of a councillor
440L. Appeals against disciplinary action
440M. Expenses to be borne by council
440N. Investigation of former councillors
440P. Service of departmental documents
PART 2 - (Repealed)
PART 3 - COMPLAINTS CONCERNING NON-DISCLOSURE AND PROCEEDINGS BEFORE NCAT
Division 1 - Making and investigation of complaints
460. Complaints concerning failure to disclose pecuniary interests
461. Departmental Chief Executive may require further information
462. Investigation of complaints
463. Decision not to investigate a complaint
464. Referral and investigation of complaints by other authorities
465. NCAT to be notified of investigations
466. Persons to be notified of complaint
467. Reports of investigation of complaints by authorities
468. Presentation of reports to NCAT
Division 2 - Proceedings before NCAT--pecuniary interests matters not involving councillors or administrators
469. NCAT to decide whether or not to conduct proceedings into a complaint
470. Circumstances in which NCAT may dispense with hearing
Division 3 - Proceedings before NCAT--misconduct matters
470A. NCAT to decide whether or not to conduct proceedings into a referred matter relating to misconduct
470B. Circumstances in which NCAT may dispense with hearing
Division 4 - Proceedings before NCAT--general provisions
478. Additional complaints
482. Decision of NCAT--pecuniary interests matters not involving councillors or administrators
482A. Decision of NCAT--misconduct matters
486. Referral of matters by NCAT
486A. Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators)
PART 4 - (Repealed)
PART 5 - MISCELLANEOUS
490A. Acts of disorder
490B. Certain regulations not affected
490C. Supreme Court order for recovery of monetary benefits as a result of non-disclosure by councillors (as inserted by the Local Government and Elections Legislation Amendment (Integrity) Act 2016)
CHAPTER 15 - HOW ARE COUNCILS FINANCED?
PART 1 - AN OVERVIEW OF RATES AND CHARGES
491. Some sources of a council's income
492. What are the types of rates?
493. Categories of ordinary rates and categories of land
494. Ordinary rates must be made and levied annually
495. Making and levying of special rates
495A. Strata lots and company titles taken to be separate parcels of land for annual charges
496. Making and levying of annual charges for domestic waste management services
496A. Making and levying of annual charges for stormwater management services
496B. Making and levying of annual charges for coastal protection services
497. What is the structure of a rate?
498. The ad valorem amount
499. The base amount
500. Limit on revenue that can be raised from base amount
501. For what services can a council impose an annual charge?
502. Charges for actual use
503. What is the relationship between rates and charges?
504. Domestic waste management services
PART 2 - LIMIT OF ANNUAL INCOME FROM RATES AND CHARGES
505. Application of Part
506. Variation of general income
507. Variation of annual charges for domestic waste management services
508. Orders under secs 506 and 507
508A. Special variation over a period of years
509. Maximum general income for a year
510. Maximum annual charge for domestic waste management services
510A. Maximum annual charge for stormwater management services
511. Catching up of shortfall in general income
511A. Catching up of income lost due to reductions in valuation
512. Effect of contravening section 509, 510, 510A, 511 or 511A
513. Estimates of increases and decreases in value for purposes of notional rate income
PART 3 - ORDINARY RATES
514. Categorisation of land for purposes of ordinary rates
515. Categorisation as farmland
516. Categorisation as residential
517. Categorisation as mining
518. Categorisation as business
518A. Strata lots and company titles taken to be separate parcels of land for categorisation
518B. Mixed development land
519. How is vacant land to be categorised?
520. Notice of declaration of category
521. When does the declaration of a category take effect?
522. When does the declaration of a category cease?
523. When are the declarations of categories reviewed?
524. Notice of change of category
525. Application for change of category
526. Appeal against declaration of category
527. Adjustment of rates following change in category
528. Rate may be the same or different for different categories
529. Rate may be the same or different within a category
531. What provisions of this Part apply to the determination of sub-categories?
PART 3A - CHARGES
531A. Adjustment of charges following change in category
531B. Aggregation of certain parcels subject to a charge
PART 4 - MAKING OF RATES AND CHARGES
532. Publication of draft operational plan
533. Date by which a rate or charge must be made
534. Rate or charge to be made for a specified year
535. Rate or charge to be made by resolution
536. What criteria are relevant in determining the base amount?
537. Form of resolution specifying base amounts of rates
538. Form of resolution for special rate
539. What criteria are relevant in determining the amount of a charge?
540. Form of charge
541. Differing amounts of a charge
542. Minimum amounts of charges
543. Each form of rate and each charge to have its own name
544. Inclusion of names in rates and charges notices
545. Curing of irregularities
PART 5 - LEVYING OF RATES AND CHARGES
Division 1 - General
546. How is a rate or charge levied?
547. Method of rating dwellings under company title
548. Minimum amounts
548A. Aggregation of values of certain parcels subject to rates containing base amounts
549. Reduction of rates containing base amounts if levied on vacant land
550. Charge of rates and charges on land
Division 2 - Special rates and charges relating to water supply, sewerage and drainage
551. Application of Division 2
552. What land may be subject to a water supply special rate or charge?
553. Time at which land becomes subject to special rate or charge
553A. Special rates and charges not payable in relation to land provided with private water supply or sewerage
Division 3 - Coastal protection service charges
553B. Restriction on levying coastal protection service charges
PART 6 - WHAT LAND IS RATEABLE?
554. What land is rateable?
555. What land is exempt from all rates?
556. What land is exempt from all rates, other than water supply special rates and sewerage special rates?
557. What land is exempt from water supply special rates and sewerage special rates?
558. What land and bodies may be exempted from water supply special rates and sewerage special rates?
559. Determination as to whether a body is a public benevolent institution or public charity
PART 7 - PAYMENT OF RATES AND CHARGES
560. Who is liable to pay rates?
561. Who is liable to pay charges?
562. Payment of rates and annual charges
563. Discount for prompt payment in full
564. Agreement as to periodical payment of rates and charges
565. Capital contributions instead of payment of special rates or charges
566. Accrual of interest on overdue rates and charges
567. Writing off of accrued interest
568. Application of payments
569. Liability of the occupier
570. Transfer of land in payment of rates or charges
571. What happens if land is transferred?
572. What happens if the rateability of land changes?
573. What happens if land is subdivided?
574. Appeal on question of whether land is rateable or subject to a charge
PART 8 - CONCESSIONS
Division 1 - Concessions for pensioners
575. Reductions for eligible pensioners
576. Application of this Division to postponed rates
577. Extension of concession to avoid hardship
578. When does an order under sec 577 take effect?
579. When and how is an application made for the purposes of this Division?
580. Variation by regulation of amounts of reductions
581. Reimbursement of councils by Parliament
582. Abandonment of pensioners rates and charges
583. Writing off of pensioners rates and charges
584. Ending of concession
Division 2 - Other concessions
585. Who may apply for postponement of rates?
586. Applications to be referred to Valuer-General
587. Attributable part of land value of land
588. Determination of attributable part of land value by Valuer-General
589. Redetermination of attributable part of land value
590. Use of determination of attributable part of land value
591. Postponement of rates
592. Interest on postponed rates
593. Paid rates to be refunded
594. Adjustment of rates
595. Rates to be written off after 5 years
596. Change of circumstances
597. Entitlement to postponement ceases
598. Redetermination on partial change of circumstances
599. When and how is an application made for the purposes of this Division?
600. Rebates in respect of certain land vested in public bodies
601. Hardship resulting from certain valuation changes
PART 9 - MISCELLANEOUS MATTERS CONCERNING RATES AND CHARGES
602. Record of rates and charges
603. Certificate as to rates and charges
604. Notice of transfer of land
605. Expenses of tracing persons
606. Notice of granting of certain Crown leases
606A. Estimates of coastal protection service charges
606B. Review of cost of coastal protection service charges on request of ratepayer
606C. Review of cost of coastal protection service charges on direction of Minister administering Coastal Management Act 2016
607. Writing off of rates, charges and accrued interest
PART 10 - FEES
Division 1 - Council fees--general
608. Council fees for services
610. Effect of other Acts
Division 2 - Council fees for business activities
610A. Application of Division
610B. Fees to be determined in accordance with pricing methodologies
Division 3 - Council fees for non-business activities
610C. Application of Division
610D. How does a council determine the amount of a fee for a service?
610E. Council may waive or reduce fees
610F. Public notice of fees
Division 4 - Certain annual charges
611. Annual charge on rails, pipes etc
PART 11 - GRANTS
613. Constitution of the Local Government Grants Commission
614. Membership of Grants Commission
615. What are the functions of the Grants Commission and the Minister under this Part?
616. How does the Grants Commission decide on its recommendations?
617. What information does the Minister have to provide?
618. What other functions does the Grants Commission have?
619. What happens to the money paid to the State under the Commonwealth Act?
620. Making of grants by the Minister
PART 12 - LOANS
621. When and for what may a council borrow?
622. What form may a council borrowing take?
623. Security for borrowings
624. Are there any restrictions on a council borrowing?
PART 13 - INVESTMENTS
625. How may councils invest?
CHAPTER 16 - OFFENCES
PART 1 - GENERAL OFFENCES
626. Failure to obtain approval
627. Failure to comply with approval
628. Failure to comply with order
PART 2 - PUBLIC PLACES
629. Injuring or removing plants, animals, rocks and soil in or from public place
630. Breaking glass and other matter
631. Damaging, defacing or polluting public bathing place
632. Acting contrary to notices erected by councils
632A. Confiscation of alcohol in certain public and other places
633. Bathing (including nude bathing) and other water-based recreational activities
633A. Use of skateboards, roller blades and roller skates
633B. Part not to apply to National Park reserves or State forests
633C. Part not to affect roads and traffic functions under other Acts
PART 3 - WATER, SEWERAGE AND STORMWATER DRAINAGE OFFENCES
634. Water, sewerage and stormwater drainage offences
635. Damage to council property
636. Tampering with meters and fittings
637. Waste or misuse of water
638. Discharge of prohibited matter into sewer or drain
639. Pollution of public water supply
640. Offences in catchment districts
PART 4 - STREET DRINKING
642. Confiscation of alcohol in alcohol-free zones
644. Proposal for establishment of alcohol-free zone
644A. Public consultation on proposal to establish alcohol-free zone
644B. Establishment of alcohol-free zones
644C. Operation of alcohol-free zones
645. Suspension or cancellation
646. Guidelines for alcohol-free zones
648. Other laws not affected
PART 5 - PARKING
650. Free parking areas
650A. Strata parking areas and community scheme parking areas
651. Liability of vehicle owner for certain offences
PART 5A - IMMOBILISATION AND DETENTION OF VEHICLES
651A. Application of Part
651B. Immobilisation of vehicles
651C. Unlawful detention of vehicles
PART 6 - OFFENCE RELATING TO CIVIC OFFICE
652. Acting in civic office while subject to disqualification
PART 7 - (Repealed)
PART 8 - MISCELLANEOUS
659. Production of certificate of authority to enter premises
661. Failure to comply with certain directions
662. Occupier, manager or agent refusing to give name of owner
663. Owner refusing to give name of manager or occupier
664. Disclosure and misuse of information
665. False or misleading information
666. Wilful destruction of documents
667. Wilful destruction of notices and signs
669. Penalties extended to persons causing offence
670. Notices and signs
671. Proof of lawful or reasonable excuse
CHAPTER 17 - ENFORCEMENT
PART 1 - GENERAL
Division 1 - Legal proceedings
672. What constitutes a breach of this Act for the purposes of this Part?
673. Remedy or restraint of breaches of this Act--the Minister, the Departmental Chief Executive and councils
674. Remedy or restraint of breaches of this Act--other persons
674A. Provisions of Act that do not give rise to or affect legal proceedings
675. Time limit on proceedings questioning the validity of approvals
676. Functions of the Land and Environment Court
677. Compensation may be awarded against vexatious litigants
678. Failure to comply with order--carrying out of work by the council
679. Penalty notices for certain offences
Division 2 - Other remedies
680. Demanding name of offender
680A. Authorised person may give directions relating to public places
681. Removal of offenders from community land
681A. Confiscation of recreational equipment
PART 2 - PROCEEDINGS BY THE COUNCIL OR ITS EMPLOYEES
Division 1 - General
683. Authentication of documents
684. Laying of informations
685. Certain allegations in informations
686. Ownership of council property
687. Appearance in Local Court
689. Payment of expenses of employee
690. Other remedies
691. Proceedings for offences
691A, 692. (Repealed)
693. Time for bringing proceedings concerning electoral offences
694. Application of penalties
695. Suing for debts
695A. Referral of unpaid amounts for debt recovery action
696. Apportionment of expenses
Division 2 - Evidence
697. Formal matters
698. Judicial notice of certain documents
699. Service of notices
700. Proof of ownership of, or leasehold estate in, land
701. Evidence as to whether a place is a public road
702. Offences on boundaries of areas
704. Delineation of local government boundaries by reference to maps
Division 3 - Notices by the council
705. What is public notice?
706. What happens after a council gives public notice?
707. Publication of notices in Gazette and elsewhere
708. The Crown
710. Service of notices on persons
711. Effect of service on successors in title
Division 4 - Legal proceedings for the recovery of rates and charges
712. Special provisions with respect to the recovery of unpaid rates and charges
Division 5 - Sale of land for unpaid rates and charges
713. Sale of land for unpaid rates and charges
714. Estates and interests of the Crown in land
715. Notice of proposal to sell land
716. Sale of land by public auction
717. Payment of purchase money
718. Application of purchase money
719. What if the purchase money is less than the amounts owing?
720. What if the purchase money is more than the amounts owing?
721. Apportionment of rates on subdivided land
722. Conveyance or transfer of the land
723. Land is conveyed free of certain interests
724. Special provisions concerning leases of land owned by the Crown
725. Transfers not invalid because of procedural irregularities
726. Registration of transfer of land under the Real Property Act 1900
PART 3 - PROCEEDINGS AGAINST COUNCILS, COUNCILLORS AND STAFF
Division 1 - General
727. Service of documents
728. Suing for penalty
729. Proceedings alleging non-compliance with a procedural requirement
Division 2 - Liability
731. Liability of councillors, employees and other persons
732. Exemption from liability--accreditation and certification
733. Exemption from liability--flood liable land, land subject to risk of bush fire and land in coastal zone
CHAPTER 18 - MISCELLANEOUS
PART 1 - GENERAL
734. Public hearings by a council
734A. Preliminary enquiries by Departmental Chief Executive
735. Notices to be given in writing
735A. Certificate as to notices
737. Correcting errors
738. Validity of proclamations
739. Protection of privacy
739A. Retention, preservation and destruction of records
740A. Ministerial committees
741. Exemption from taxes
742. Dispute resolution
743. Property in waste
744. Delegation of functions by the Minister
745. Delegation of functions by the Departmental Chief Executive
746. Authorised officers
747. Review of Act
PART 1A - COVID-19 PANDEMIC--SPECIAL PROVISIONS
747A. COVID-19 pandemic--meetings
747AB. COVID-19 pandemic--recovery of unpaid rates
747B. COVID-19 pandemic--regulation-making power
PART 2 - REGULATIONS
PART 3 - SAVINGS, TRANSITIONAL AND OTHER PROVISIONS
749. Savings, transitional and other provisions
PART 4 - (Repealed)
Schedule 4 (Repealed)
Schedule 6A (Repealed)
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