2008
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY
MINISTER FOR LOCAL GOVERNMENT
LOCAL GOVERNMENT (CONSEQUENTIAL AMENDMENTS) BILL 2008
(Serial No 5)
EXPLANATORY STATEMENT
GENERAL OUTLINE
This Bill provides for consequential amendments to various Acts and subordinate legislation following the passage of the Local Government Act 2008.
NOTES ON CLAUSES
Part 1 - Preliminary
1 Short title
This is a formal clause which provides for the citation of the Bill.
The Bill when passed may be cited as the Local Government (Consequential Amendments) Act 2008.
2 Commencement
The Act will be taken to have commenced on 1 July 2008.
3 Amendment of other Acts
Clause 3 provides that this Act amends the legislation mentioned in Schedule 1.
4. Amendment of subordinate legislation
Clause 4 provides that this Act amends the subordinate legislation mentioned in Schedule 2.
Part 2 – Amendment of Local Government Act
5. Act amended
This Part amends the Local Government Act.
6. New sections 270 to 272
This Act is amended by inserting the following after section 269:
“Section 270 Preservation of local government functions of Nhulunbuy Corporation Limited
(1) Subject to this section:
(a) the Nhulunbuy Corporation Limited continues to have the same local government functions as is had under the former Act immediately before the date of transition; and
(b) the Nhulunbuy (Animal Control) By-laws continue in force (subject to amendment or revocation under this Act) as by-laws under this Act; and
(c) this Act applies to the Nhulunbuy Corporation Limited (with necessary modifications) as if it were a shire council constituted under this Act.
(2) The Minister may, by Gazette notice:
(a) withdraw local government functions from, or add to or modify the local government functions of, the Nhulunbuy Corporation Limited; or
(b) modify the operation of this Act in its application to the Nhulunbuy Corporation Limited.
Section 271 – Special provision permitting certain councils to establish policy of allowing Chair of council meeting to exercise a casting vote
If:
(a) there is to be no general election for a council in 2008; and
(b) the council wants the Chair of council meetings to be allowed to exercise a casting vote;
then, despite section 61(7)(a), the council may, by resolution passed at a meeting held before the end of the 2008 calendar year establish a policy to that effect.
Section 272 – Continuation of Local Government (Darwin Parking Local Rates) Regulations
The Local Government (Darwin Parking Local Rates) Regulations continue in operation (subject to the amendments made by Local Government (Consequential Amendments) Act 2008 and subsequent amendment or revocation by later regulations) as regulations under this Act.”
Part 3 – Amendment of Darwin Waterfront Corporation Act
7. Act amended
This Part amends the Darwin Waterfront Corporation Act.
8. Amendment of section 3 (Definitions)
The definition of “municipal council” in section 3 is amended by omitting the entire definition and substituting the words “council means a council constituted under the Local Government Act.”
9. Amendment of section 15 (Rates for municipal council services)
Section 15(5) is amended by omitting the words “section 58 of”.
10. Amendment of section 19 (By-laws)
Section 19(2) is amended by omitting the word “municipal”.
Part 4 – Amendment of Kava Management Act
11. Act Amended
This Part amends the Kava Management Act.
12. Amendment of section 3 (Interpretation)
The definition of “council area” in section 3 is amended by replacing the entire definition with “council area means an area for which a council is constituted under the Local Government Act.”
Paragraph (a) of the definition of “incorporated association” in section 3 is amended by omitting the entire paragraph.
The definition of “local government council” in section 3 is amended by replacing the entire definition with “local government council means a council constituted under the Local Government Act.”
13. Amendment of section 53 (Definitions)
The definition of “community government council” in section 53 is amended by replacing the entire definition with “shire council means a council constituted as a shire council under the Local Government Act.”
14. Amendment of section 54 (Application for declaration of licence area)
Section 54(1A) is amended by omitting “community government” and replacing it with the words “shire”.
15. Amendment of section 58D (Amendment or replacement of kava management plan)
Section 58D(1) is amended by omitting “community government” and replacing it with the words “shire”.
Part 5 – Amendment of Land Title Act
16. Act Amended
This Part amends the Land Title Act.
17. Amendment of section 4 (Definitions)
Paragraph (a) of the definition of “local governing body” in section 4 is amended by omitting the words “municipal council or community government”.
18. Amendment of section 35 (Notices of statutory restrictions)
Section 35(3) is amended by omitting the entire subsection, and substituting the following:
“(3) If, immediately before the commencement of this subsection, a restriction consisted of the right of the Crown to revoke the reservation on land held by a council on lease under legislation then in force, the right (and hence the restriction) continues in force as if the relevant legislation had continued in force.”
Part 6 – Amendment of Water Act
19. Act amended
This Part amends the Water Act.
20. Amendment of section 4 (Interpretation)
Paragraph (b) of the definition of “public authority” in section 4(1) is amended by omitting the entire definition and substituting with “(b) a council constituted under the Local Government Act.”
21. Repeal and substitution of section 8
Section 8 is amended by repealing the whole section and replacing it with the following:
“8 Exercise of certain functions by statutory authorities
(1) A local government council or a prescribed statutory authority or body must not exercise functions relevant to the purposes of this Act except in accordance with this Act or as authorised by a delegation under this Act or a direction given by the Minister or the Controller.
(2) The Minister or the Controller may give written directions to a local government council or a prescribed statutory authority or body in regard to the exercise of functions to which subsection (1) applies.”
Part 7 – Expiry of Act
22. Expiry
This clause provides that the Act expires on the day after it commences.
Schedule 1 – Amendment of Acts
Associations Act
Section 4 of the above Act is amended by omitting the entire definition of “community government council” and substituting it with a definition of “council”.
The section 4 definition of “gross receipts” is also amended by omitting the words “a municipal council or a community government council” and substituting it with the words “or a council”.
The section 4 definition of “municipal council” is omitted in its entirety.
Section 54(1)(b) of the above Act is amended by omitting the words “municipal council of community government”.
Care and Protection of Children Act
The definition of “local government council” contained within section 13 is amended by omitting “municipal council or community government”.
Commercial Passenger (Road) Transport Act
The definition of “road” in section 3(1) of the above Act is amended by deleting the words “, but construed as if a reference to a municipality were a reference to the Territory”.
Construction Industry Long Service Leave and Benefits Act
The definition of “local government council” in section 6 of the above Act is amended by omitting the words “municipal council or community government”.
Control of Roads Act
The definitions of “community government council” and “municipality” contained within section 5(1) of the above Act are omitted.
Section 5(2) is amended by omitting it in its entirety and substituting the words “(2) In Parts III and IV, road does not include a road that is under the care, control and management of a council under the Local Government Act.”.
Section 7 is amended by omitting the words “Division 4 of Part 6” and substituting the words “Part 12.3”.
Crown Lands Act
The definitions of “local government council” and “local government area” contained within section 3 of the above Act are amended by omitting their definitions in their entirety and replacing them with “local government councils means a council constituted under the Local Government Act.” and “local government area means an area for which a council is constituted under the Local Government Act.”.
Disability Services Act
Paragraph (b) of the definition of “organisation” in section 2(1) is amended by omitting the whole paragraph and substituting the words “(b) a council constituted under the Local Government Act:”
Disasters Act
Section 37(2) is amended by omitting all references to the word “Municipality” with “local government area”.
Electoral Act
Section 140(2)(g)(ii) is amended by omitting “municipalities, community” and substituting it with “local”.
Encroachment of Buildings Act
The definition of “local authority” in section 3 is amended by omitting the words “municipal council or community government”.
Energy Pipelines Act
The definition of “council” in section 3(1) is amended by omitting “the council of a municipality or community government area” and replacing it with the words “a council”.
Evidence Act
Section 64(b) is amended by omitting “the area controlled by any municipal or community government council or other local governing body” and substituting the words “an area subject to local government”.
Firearms Act
Section 78(1) definitions of “community government area” and “municipality” are amended by omitting the entirety of the two definitions and substituting “local government area means an area for which a council is constituted under the Local Government Act.”
Section 78(2) and (3) are amended by omitting the words “, municipality or community” and substituting with the words “or local”.
Heritage Conservation Act
Section 40(2)(c) is amended by omitting the whole paragraph and replacing it with “(c) a local government council;”.
Section 40(2) is amended by omitting the words “municipal or community government” and substituting it with “or”.
Information Act
The definition of “local authority” in section 4 is amended by replacing the entire definition with the words “local authority means a council constituted under the Local Government Act”.
Lands Acquisition Act
Schedule 2, clause 8(a)(ii) is amended by omitting “municipal council or community government council within the meaning of” and substituting it with “council constituted under”.
Legal Professional Act
The definition of “council” in section 467(7) is amended by replacing the whole definition with “council means a council constituted under the Local Government Act”.
Liquor Act
The definitions for “community government area”, “community government council” and “council” in section 4(1) are omitted in their entirety.
The definition of “council area” in section 4(1) is amended by omitting the whole definition and replacing it with “council area means the area for which a council is constituted under the Local Government Act”.
The definition of “local government council” in section 4(1) is amended by omitting the words “or community government council” and replacing them with “constituted under the Local Government Act”.
Section 27(3) is amended by omitting the whole section and substituting them with “(3) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made”.
Section 32A(5) is amended by omitting the whole subsection and substituting the words “(5) if the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made”.
Section 46A(4) is amended by omitting the whole subsection and substituting “(4) If the application related to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made’.
Section 77(2)(d) and (e) are amended by omitting the entirety of those provisions and substituting them with “(d) if the relevant area forms the whole or part of a council area – the clerk of the council”.
Section 79(1)(d) and (e) is amended by omitting the entirety of those paragraphs and substituting the words “(d) if the relevant area forms the whole or part of a council area – ascertain the advice of the council regarding the application”.
Section 119(5) is amended by omitting the whole subsection and substituting the words “(5) If the application relates to premises within the areas of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made”.
Litter Act
The definition of “municipality” in section 3 is amended by omitting the entire definition and substituting it with “municipality means a local government area and includes a shire”.
Section 11A’s heading is amended by omitting “where section 220 of the Local Government Act applies”.
Local Government Grants Commission Act
The definition of “community government council” in section 3 is amended by omitting the whole definition.
The definition of “local governing body” in section 3 is amended by omitting the words “municipal council, a community government council” and substituting the words “council constituted under the Local Government Act”.
Sections 5(2)(b) and (3) is amended by omitting the words “community government” and substituting the words “shire”.
Northern Territory Treasury Corporation Act
The definition of “local government council” in section 3 is amended by omitting the whole definition and replacing it with “local government council means a council constituted under the Local Government Act”.
Ombudsman (Northern Territory) Act
The definition of “local government council” in section 3(1) is amended by omitting “the council of a municipality or community government area” and substituting the words “a council”.
Pastoral Land Act
Section 131(1) is amended by omitting “municipality or community” and substituting the words “local”.
Pay-roll Tax Act
Paragraph (a) of the definition of “local governing area” in section 3(1) is amended by omitting the whole paragraph and substituting the words “(a) a council or a local government subsidiary constituted under the Local Government Act; or”.
Place Names Act
The definitions of “council”, “council area” and “municipality” are amended by omitting the whole definitions and substituting the words “council means a council constituted under the Local Government Act. Council area means an area for which a council is constituted under the Local Government Act”.
Section 4A(2)(b) is amended by omitting “of a municipality”.
Planning Act
Paragraph (d) of the definition of “consolidation” in section 3(1) is amended by omitting “section 133” and substituting the words “section 187(3)”.
The definitions of “council area”, “local authority” and “member of a local authority” in section 3(1) is amended by omitting the entire definitions and substituting the words “council area means an area for which a council is constituted under the Local Government Act. Local authority means a council constituted under the Local Government Act”.
The definition of “town” in section 3(1) is amended by omitting the whole definition.
Section 5(2)(a)(iii) is amended by omitting “section 133” and substituting the words “Section 187(3)”.
Section 72(a)(ii) is amended by omitting “a trust account” and substituting “an authorised deposit account”.
Section 72(b) is amended by omitting the word “trust”.
Section 73(2)(b)(ii) is amended by omitting the word “penalty”.
Pounds Act
The definitions of “local area” and “local authority” in section 3 are amended by omitting the entire definition and substituting with “local area means an area for which a council is constituted under the Local Government Act. Local authority means a council constituted under the Local Government Act”.
Public Employment (Mobility) Act
The definition of “municipal authority” in section 3(1) is amended by omitting the words “municipal council or community government”.
Real Property (Unit Titles) Act
Sections 9(h), 9F(g), 9G(b), 9H(b) and 15 are amended by omitting the words “(within the meaning of the Local Government Act)”.
Soil Conservation and Land Utilisation Act
Paragraph (b) of the definition of “proper authority” in section 20A is amended by omitting the entire paragraph and substituting it with “(b) in the case of land vested in a local government council – the council; or”
Stamp Duty Act
Schedule 2, item 4(d) is amended by omitting the whole item.
Swimming Pool Safety Act
The definition of “council area” in section 4(1) is amended by omitting the whole definition and substituting the words “council area means the area for which a council is constituted under the Local Government Act.”
Unit Titles Act
Section 21E(2)(b)(i) is amended by omitting the whole subparagraph and substituting the words “(i) in the case of a parcel within a council area – to the council; and”.
Section 53(1A)(c) and (3) is amended by omitting the words “municipal or community government”.
Volatile Substance Abuse Prevention Act
The definition of “community council” in section 42(1) is amended by omitting the whole definition and replacing it with “community council means: (a) a shire council constituted under the Local Government Act; or (b) an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 (Cth);”.
The definition of “incorporated association” in section 42(1) is amended by omitting the entire definition.
Schedule 2 Amendment of subordinate legislation
Alice Springs (Animal Control) By-laws
By-law 40(2) is amended by omitting “section 86(2)(a)” and replacing it with “section 115”.
By-law 54(2) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Alice Springs (Control of Public Places) By-laws
By-law 6(b) is amended by omitting “or under section 209(2) of the Act”.
By-law 58(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Alice Springs (Council Meetings and Procedures) By-laws
By-law 2 is amended by omitting the whole by-law.
By-law 29(1) is amended by omitting “, at the expiration of the time referred to in section 66(2) of the Act,”.
By-law 29(2) is amended by omitting “, as required by section 66(1) of the Act,”.
By-law 33 is amended by omitting “For the purpose of section 68 of the Act,” and replacing it with “Subject to the Act,”.
Alice Springs (Todd Mall) By-laws
By-law 9(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Associations Regulations
Regulation 16 is amended by omitting the whole regulation and substituting the following words “council means a council constituted under the Local Government Act.”
Schedules 5, 6 and 7 are amended by omitting the schedules in their entirety.
Building Regulations
Schedule 2, column 1 is amended by omitting the words “Council of the municipality in which the building is situated, or, where there is no such council, the Agency having responsibility for roads and stormwater drainage under the Local Government Act” and substituting with “Council for the local government area in which the building is situated or, if the building is not situated in a local government area, the Agency having responsibility for roads and stormwater drainage.”.
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers) Regulations
Schedule, item 4 is amended by omitting “municipal council, or a community government council, within the meaning of” and replacing it with “council constituted under”.
Court Security Regulations
Regulation 2(2)(e) is amended by omitting “section 225” and replacing it with “Part 18.2”.
Darwin City Council By-laws
By-law 21(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
By-law 147(1) is amended by omitting the whole clause.
By-law 174(1) is amended by omitting “, at the expiration of the time referred to in section 17 of the Act,”.
By-law 174(2) is amended by omitting “, as required by section 17 of the Act,”.
By-law 178 is amended by omitting “For the purpose of section 55 of the Act,” and replacing it with “Subject to the Act,”.
The definition of “authorised person” in by-law 184(1) is amended by omitting “section 119” and replacing it with “section 116”.
Katherine Town Council By-laws
By-law 137(1) is amended by omitting the whole clause.
By-law 164(1) is amended by omitting “, at the expiration of the time referred to in section 17 of the Act,”.
By-law 164(2) is amended by omitting “, as required by section 17 of the Act,”.
By-law 168 is amended by omitting “For the purpose of section 55 of the Act,” and substituting the words “Subject to the Act,”.
Local Government (Darwin Parking Local Rates) Regulations
Regulation 1A is amended by omitting the whole regulation.
The definition of “local rate” in regulation 2 is amended by omitting the whole definition and replacing it with “local rate or local rates means special rates under section 156 of the Act”.
Regulation 4(b) is amended by omitting “rate book kept under section 148 of the Act” and replacing it with “assessment record”.
Regulation 5(1) is amended by omitting the whole subregulation and replacing it with “(1) The provisions of the Act for correction of entries in the assessment record apply to the parking usage schedule (with necessary modifications)”.
Regulation 8(2) is amended by omitting “section 160(2) of”.
Regulation 9(2) is amended by omitting “rate book kept under section 59 of the Act” and replacing it with “assessment record”.
Palmerston (Animal Management) By-Laws
By-law 17(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Palmerston (Procedures for Meetings) By-Laws
By-law 33 is amended by omitting “prescribed under section 56 of the Act as confidential” and replacing it with “classified by regulations under the Act as confidential business”.
Palmerston (Public Places) By-Laws
By-law 23(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Palmerston (Signs, Hoardings and Advertising) By-Laws
By-law 11(2)(b)(i) is amended by omitting “section 194(4)” and replacing it with “section 245(2)”.
Real Property (Unit Titles) Regulations
Regulation 10(2)(b)(ii) is amended by omitting “council area” and replacing it with “Area”.
Schedule 2, Note 1, paragraph (a) is amended by omitting the whole subparagraph and replacing it with “(a) in the case of land within the area of a council – the council for the area;”
Tennant Creek (Control of Public Places) By-Laws
By-law 44(5) is amended by omitting “section 235” and replacing it with “section 116”.
Tennant Creek (Flammable Undergrowth) By-Laws
The definition of “council” in by-law 3 is amended by omitting the whole definition and replacing it with “council means the Barkly Shire Council”.
The definition of “municipality” in by-law 3 is amended by omitting the whole definition and replacing it with “municipality means the former municipality of Tennant Creek”.
Tennant Creek (Garbage) By-Laws
By-law 11(2) is amended by omitting “section 235” and replacing it with “section 116”.
Victims of Crime Assistance Regulations
Regulation 26(a)(vi) is amended by omitting the whole subparagraph and replacing it with “(vi) a by-law of a council constituted under the Local Government Act;”
Regulation 26(c) is amended by omitting the whole paragraph and replacing it with “(c) a person found guilty of an offence prosecuted by a council constituted under the Local Government Act.”