New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 410

Entities excluded from restrictions under section 358 of the Act as to formation

410 Entities excluded from restrictions under section 358 of the Act as to formation

(1) For the purposes of section 358 (4) of the Act, an entity formed under any of the following arrangements is excluded from the definition of
"entity" under that section:
(a) an arrangement between a council and a private person that is subject to the tendering requirements under section 55 of the Act,
(b) the contracting out of any council staff or business unit to provide services for a private person on a full cost recovery or for profit basis,
(c) any arrangement under which a council acts as trustee in connection with a bequest or donation of any property from a private person,
(d) the sale by a council to a private person of any property (including operational land),
(e) any arrangement arising out of the operation of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 ,
(f) any arrangement arising out of the imposition by a council of a requirement under section 306 of the Water Management Act 2000 (as applying to the council by virtue of section 64 of the Act).
(2) In this clause,
"private person" has the same meaning as in section 400B (2) of the Act.



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