New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 393B

Exercise of council functions during caretaker period

393B Exercise of council functions during caretaker period

(1) The following functions of a council must not be exercised by the council, or the general manager or any other delegate of the council (other than a Joint Regional Planning Panel or the Central Sydney Planning Committee), during a caretaker period:
(a) entering a contract or undertaking involving the expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council's revenue from rates in the preceding financial year (whichever is the larger),
(b) determining a controversial development application, except where:
(i) a failure to make such a determination would give rise to a deemed refusal under section 82 of the Environmental Planning and Assessment Act 1979 , or
(ii) such a deemed refusal arose before the commencement of the caretaker period,
(c) the appointment or reappointment of a person as the council's general manager (or the removal of a person from that position), other than:
(i) an appointment of a person to act as general manager under section 336 (1) of the Act, or
(ii) a temporary appointment of a person as general manager under section 351 (1) of the Act.
(2) Despite subclause (1), such a function may be exercised in a particular case with the consent of the Minister.
(3) In this clause:

"caretaker period" means the period of 4 weeks preceding the date of an ordinary election.

"controversial development application" means a development application under the Environmental Planning and Assessment Act 1979 for which at least 25 persons have made submissions under section 79 (5) of that Act by way of objection.
Note : See also Division 9A (Provisions relating to activities during regulated periods) of this Part for controls on certain activities during the regulated period before elections.



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