New South Wales Consolidated Acts

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Other functions

22 Other functions

A council has the functions conferred or imposed on it by or under any other Act or law.

Note : While the main functions of councils are provided for under this Act, councils also have functions under other Acts. An important general provision is contained in section 50 of the Interpretation Act 1987 which provides, in part--
(1) A statutory corporation--
(a) has perpetual succession,
(b) shall have a seal,
(c) may take proceedings and be proceeded against in its corporate name,
(d) may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and
(e) may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions …
(4) This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.
Some other Acts and some of the functions they confer include--

Community Land Development Act 2021 planning functions as consent authority
Companion Animals Act 1998 companion animal registration and control
Conveyancing Act 1919 placing covenants on council land
Environmental Planning and Assessment Act 1979 environmental planning
Fire and Rescue NSW Act 1989 payment of contributions to fire brigade costs and furnishing of returns
Fluoridation of Public Water Supplies Act 1957 fluoridation of water supply by council
Food Act 2003 inspection of food and food premises
Impounding Act 1993 impounding of animals and articles
Library Act 1939 library services
Protection of the Environment Operations Act 1997 pollution control
Public Health Act 2010 inspection of systems for purposes of microbial control
Recreation Vehicles Act 1983 restricting use of recreation vehicles
Roads Act 1993 roads
Rural Fires Act 1997 issue of permits to light fires during bush fire danger periods
requiring the furnishing of information to the Rural Fire Service Advisory Council and its Co-ordinating Committee
State Emergency Service Act 1989 recommending appointment of local commander
Strata Schemes Development Act 2015 approval of strata plans
Swimming Pools Act 1992 ensuring restriction of access to swimming pools
The exercise by a council of its functions under this Act may also be modified by the provisions of another Act. Some of those Acts and some of the modifications they effect include--

Environmental Offences and Penalties Act 1989 forfeiture of council functions to person appointed by Governor
Government Information (Public Access) Act 2009 council required to publish certain information and to grant access to certain documents
Heritage Act 1977 rating based on heritage valuation
Privacy and Personal Information Protection Act 1998 council required to amend certain records that are shown to be incomplete, incorrect, out of date or misleading
State Emergency and Rescue Management Act 1989 council required to prepare for emergencies
Unclaimed Money Act 1995 unclaimed money to be paid to the Chief Commissioner of Unclaimed Money

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