New South Wales Consolidated Acts

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LOCAL GOVERNMENT ACT 1993


- As at 1 March 2024 
- Act 30 of 1993 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   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
           Note

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
   10E.    (Repealed)
   11.     Public access to correspondence and reports

   PART 2 - (Repealed)
   None

   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?
           Note

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
           Note

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
   Note

           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 Environmental Planning and Assessment Act 1979, s 3.16
   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
           Note

   PART 2A - ENVIRONMENTAL UPGRADE AGREEMENTS

   54C.    Definitions
   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
   54Q.    Guidelines
   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 Water, Property and Housing--entry on to land and other powers
   66.     Appointment of administrator

           Division 3 - Private works

   67.     Private works

           Division 4 - (Repealed)
           None

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
   90.     Concurrence
   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?
   104.    (Repealed)
   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
           Note

   PART 2 - ORDERS

           Division 1 - Giving of orders

   124.    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
           149-151. (Repealed)
   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
           Note

   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)
   None

   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)
           None

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
   198.    Compensation
   199.    Authority to enter premises
   200.    In what circumstances can entry be made to a residence?
   201.    Search warrants

   PART 3 - SPECIAL ENTERTAINMENT PRECINCTS

   202.    Special entertainment precinct
   203.    Minister's guidelines

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
   209.    (Repealed)
   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?
           Note

   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
   218CC.  Proposals for de-amalgamations

           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)
           None

   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
   236.    Assessors
   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
   243.    Inquiries
   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
   254B.   Payment for superannuation contributions for councillors

           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
   258.    Administrator
   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?

   291.    By-elections
   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

   306.    Nominations
   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

   312.    Offence
   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

   318A.   Definition
   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
           326-328. (Repealed)

   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?
   330.    (Repealed)
   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
   339.    (Repealed)
   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

   344.    Objects
   345.    Preparation and implementation of EEO management plans
   346.    Inconsistencies with the Anti-Discrimination Act 1977
   347.    References

   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

   354B.   Definitions
   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?
           Note

   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
   375.    Minutes
   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
   400A.   (Repealed)

   PART 6 - PUBLIC-PRIVATE PARTNERSHIPS

           Division 1 - Preliminary

   400B.   Definitions
   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
   400V.   Chairperson
   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
   400ZE.  Delegations
   400ZF.  Financial matters
   400ZG.  Staff
   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
   402A.   Community engagement strategy
   403.    Resourcing strategy
   404.    Delivery program
   405.    Operational plan
   406.    Integrated planning and reporting guidelines
   407.    (Repealed)

   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
   414.    (Repealed)
   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

   421A.   Definitions
   421B.   Meaning of "governing body"
   421BA.  Meaning of "relevant entity"
   421BB.  Relationship with definition of "auditable entity" in Government Sector Audit Act 1983
   421BC.  Application of sections 423-425 to audit of relevant activities of relevant entities
   421BD.  Performance audit by Auditor-General
   421BE.  Report of performance audit
   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
   423A.   Disclosure of confidential information
   424.    Access to records of authorised deposit-taking institution
   425.    Secrecy
   426.    Auditor-General is to communicate with Minister
   427.    (Repealed)

   PART 4 - ANNUAL REPORTS

   428.    Annual reports

   PART 4A - INTERNAL AUDIT

   428A.   Audit, Risk and Improvement Committee
   428B.   Joint internal audit arrangements

   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
   434C.   Self-incrimination

           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
   438ZE.  Duty to ensure goods and services procured not product of modern slavery

CHAPTER 14 - HONESTY AND DISCLOSURE OF INTERESTS

   PART 1 - CONDUCT

           Division 1 - Conduct generally

   439AA.  Interpretation
   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

   440F.   Definitions
   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
   440O.   Self-incrimination
   440P.   Service of departmental documents
   440Q.   (Repealed)

   PART 2 - (Repealed)
   None

   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

           471-477. (Repealed)
   478.    Additional complaints
           479-481. (Repealed)
   482.    Decision of NCAT--pecuniary interests matters not involving councillors or administrators
   482A.   Decision of NCAT--misconduct matters
           483-485. (Repealed)
   486.    Referral of matters by NCAT
   486A.   Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators)

   PART 4 - (Repealed)
   None

   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
           Note

   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
   530.    Special provisions for residential sub-categories
   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
           Note

   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

   607A.   Interpretation
   608.    Council fees for services
   609.    (Repealed)
   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
   612.    (Renumbered)

   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
   641.    (Repealed)

   PART 4 - STREET DRINKING

   642.    Confiscation of alcohol in alcohol-free zones
   643.    (Repealed)
   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
   647.    (Repealed)
   648.    Other laws not affected
   649.    (Repealed)

   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)
   None

   PART 8 - MISCELLANEOUS

   659.    Production of certificate of authority to enter premises
   660.    Obstruction
   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
   668.    Attempts
   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

   682.    (Repealed)
   683.    Authentication of documents
   684.    Laying of informations
   685.    Certain allegations in informations
   686.    Ownership of council property
   687.    Appearance in Local Court
   688.    Bankruptcy
   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
   703.    Minutes
   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
   709.    Corporations
   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
   730.    Compensation

           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
   736.    Proclamations
   737.    Correcting errors
   738.    Validity of proclamations
   739.    Protection of privacy
   739A.   Retention, preservation and destruction of records
   740.    (Repealed)
   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

   747AA.  Definition
   747A.   COVID-19 pandemic--meetings
   747AB.  COVID-19 pandemic--recovery of unpaid rates
   747B.   (Repealed)

   PART 1B - COVID-19 PANDEMIC--2021 LOCAL GOVERNMENT ELECTIONS SPECIAL PROVISIONS

   747C.   COVID-19 pandemic--local government elections regulation-making power

   PART 2 - REGULATIONS

   748.    Regulations

   PART 3 - SAVINGS, TRANSITIONAL AND OTHER PROVISIONS

   749.    Savings, transitional and other provisions

   PART 4 - (Repealed)
   None
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5
           SCHEDULE 6
           Schedule 6A (Repealed)
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           Dictionary


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