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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government Amendment Bill
2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
4 Consequential amendment of other legislation 2
5 Repeal of Act 2
Schedule 1 Amendment of Local Government Act 1993 No 30 3
Schedule 2 Consequential amendment of other legislation 6
b2006-064-04.d05
New South Wales
Local Government Amendment Bill
2007
No , 2007
A Bill for
An Act to amend the Local Government Act 1993 to make further provision with
respect to entering into public-private partnerships and the levying of annual charges;
and for other purposes.
Clause 1 Local Government Amendment Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Local Government Amendment Act 2007. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Amendment of Local Government Act 1993 No 30 6
The Local Government Act 1993 is amended as set out in Schedule 1. 7
4 Consequential amendment of other legislation 8
The Acts and regulation specified in Schedule 2 are amended as set out 9
in that Schedule. 10
5 Repeal of Act 11
(1) This Act is repealed on the day following the day on which all of the 12
provisions of this Act have commenced. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Local Government Amendment Bill 2007
Amendment of Local Government Act 1993 No 30 Schedule 1
Schedule 1 Amendment of Local Government Act 1
1993 No 30 2
(Section 3) 3
[1] Section 55 What are the requirements for tendering? 4
Insert before the last dot point in section 55 (3): 5
· a contract to enter into a public-private partnership 6
· if a council has entered into a public-private partnership-- 7
a contract entered into by the council for the purposes of 8
carrying out a project under the public-private partnership 9
(but only to the extent that the contract is part of the project 10
that has been assessed or reviewed under Part 6 of 11
Chapter 12) 12
[2] Section 55 (5)(7) 13
Omit the subsections. 14
[3] Section 55A 15
Insert after section 55: 16
55A Extended operation of section 55 to council-related entities 17
(1) A council must comply with the requirements of section 55 18
(including any regulations made under that section) even though 19
the contract to which that section applies involves something 20
being done to or by an entity that the council has formed or 21
participated in forming. 22
(2) However, if the entity concerned is formed under a public-private 23
partnership, subsection (1) has effect only to the extent that the 24
contract is not part of a project that has been assessed or reviewed 25
in accordance with Part 6 of Chapter 12. 26
(3) In this section: 27
entity means any partnership, trust, corporation, joint venture, 28
syndicate or other body (whether or not incorporated), but does 29
not include any such entity that is of a class prescribed by the 30
regulations as not being within this definition. 31
[4] Section 400B Definitions 32
Omit section 400B (1). Insert instead: 33
(1) For the purposes of this Act, a public-private partnership means 34
an arrangement: 35
Page 3
Local Government Amendment Bill 2007
Schedule 1 Amendment of Local Government Act 1993 No 30
(a) between a council and a private person to provide public 1
infrastructure or facilities (being infrastructure or facilities 2
in respect of which the council has an interest, liability or 3
responsibility under the arrangement), and 4
(b) in which the public infrastructure or facilities are provided 5
in part or in whole through private sector financing, 6
ownership or control, 7
but does not include any such arrangement if it is of a class that 8
has been excluded from the operation of this Part by the 9
regulations. 10
(1A) For the purposes of subsection (1), the provision of public 11
infrastructure or facilities includes the delivery of services during 12
the carrying out of any project under the public-private 13
partnership. 14
[5] Section 495A 15
Insert after section 495: 16
495A Strata lots and company titles taken to be separate parcels of land 17
for annual charges 18
For the purposes of making or levying an annual charge under 19
section 496, 496A or 501: 20
(a) each lot in a strata plan that is registered under the Strata 21
Schemes (Freehold Development) Act 1973 or the Strata 22
Schemes (Leasehold Development) Act 1986, and 23
(b) each dwelling or portion of the kind referred to in section 24
547 (1), 25
is taken to be a separate parcel of rateable land. 26
[6] Schedule 8 Savings, transitional and other provisions consequent on 27
the enactment of other Acts 28
Insert at the end of clause 1 (1): 29
Local Government Amendment Act 2007 30
Page 4
Local Government Amendment Bill 2007
Amendment of Local Government Act 1993 No 30 Schedule 1
[7] Schedule 8, Part 28 1
Insert after Part 27: 2
Part 28 Provisions consequent on enactment of 3
Local Government Amendment Act 2007 4
88 Definition 5
In this Part: 6
amending Act means the Local Government Amendment Act 7
2007. 8
89 Validation provision 9
Anything done or omitted to be done by a council that would 10
have been validly done or omitted to be done had section 495A, 11
as inserted by the amending Act, been in force when the thing 12
was done or omitted to be done is validated. 13
90 Existing public-private partnerships 14
The substitution of the definition of public-private partnership in 15
section 400B (1) by the amending Act does not affect the 16
operation of a public-private partnership entered into before the 17
commencement of that substitution. 18
Page 5
Local Government Amendment Bill 2007
Schedule 2 Consequential amendment of other legislation
Schedule 2 Consequential amendment of other 1
legislation 2
(Section 4) 3
2.1 Local Government (General) Regulation 2005 4
Clause 408 Arrangements excluded from provisions relating to 5
public-private partnerships 6
Omit clause 408 (1). Insert instead: 7
(1) For the purposes of section 400B (1) of the Act, the following 8
arrangements are excluded from the operation of Part 6 of 9
Chapter 12 of the Act: 10
(a) any contract between a council and a private person that 11
would, but for a resolution by the council to enter into a 12
public-private partnership, be subject to the tendering 13
requirements under section 55 of the Act, 14
(b) any arrangement arising out of the operation of Division 6 15
of Part 4 of the Environmental Planning and Assessment 16
Act 1979, 17
(c) any arrangement arising out of the imposition by a council 18
of a requirement under section 306 of the Water 19
Management Act 2000 (as applying to the council by virtue 20
of section 64 of the Act). 21
2.2 Strata Schemes (Freehold Development) Act 1973 No 68 22
Section 93 Charges for services 23
Insert "(other than stormwater management services within the meaning of the 24
Local Government Act 1993)" after "effluent services". 25
Page 6
Local Government Amendment Bill 2007
Consequential amendment of other legislation Schedule 2
2.3 Strata Schemes (Leasehold Development) Act 1986 No 219 1
Section 125 Charges for services 2
Insert "(other than stormwater management services within the meaning of the 3
Local Government Act 1993)" after "effluent services". 4
Page 7
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