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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government Amendment
(National Competition Policy Review)
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
Schedule 1 Amendments 3
b02-017-p02.806
New South Wales
Local Government Amendment
(National Competition Policy Review)
Bill 2002
No , 2002
A Bill for
An Act to make miscellaneous amendments to the Local Government Act 1993 in
connection with national competition policy reform; and for other purposes.
Clause 1 Local Government Amendment (National Competition Policy Review)
Bill 2002
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Local Government Amendment (National Competition 3
Policy Review) Act 2002. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Amendment of Local Government Act 1993 No 30 8
The Local Government Act 1993 is amended as set out in Schedule 1. 9
Page 2
Local Government Amendment (National Competition Policy Review)
Bill 2002
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 55 What are the requirements for tendering? 3
Insert before the first bullet point paragraph of section 55 (3): 4
· subject to the regulations, a contract for the purchase of 5
goods, materials or services specified by a person 6
prescribed by the regulations made with another person 7
so specified, during a period so specified and at a rate 8
not exceeding the rate so specified 9
[2] Section 67 Private works 10
Omit section 67 (2). Insert instead: 11
(2) A council must not carry out work under this section unless: 12
(a) it proposes to charge an approved fee for carrying out 13
the work as determined by the council in accordance 14
with Division 2 of Part 10 of Chapter 15, or 15
(b) if it proposes to charge an amount less than the 16
approved fee, the decision to carry out the work is 17
made, and the proposed fee to be charged is determined, 18
by resolution of the council at an open meeting before 19
the work is carried out. 20
[3] Section 68 What activities, generally, require the approval of the 21
council? 22
Omit Items 8 and 9 of Part F of the Table to section 68. 23
Page 3
Local Government Amendment (National Competition Policy Review)
Bill 2002
Schedule 1 Amendments
[4] Section 404 Contents of draft management plan with respect to 1
council's revenue policy 2
Omit the fourth, fifth and sixth bullet point paragraphs of section 404 (1). 3
Insert instead: 4
· a statement of the types of fees proposed to be charged 5
by the council and, if the fee concerned is a fee to which 6
Division 3 of Part 10 of Chapter 15 applies, the amount 7
of each such fee 8
· a statement of the council's proposed pricing 9
methodology for determining the prices of goods and 10
the approved fees for services provided by it, being an 11
avoidable costs pricing methodology determined by the 12
council in accordance with guidelines issued by the 13
Director-General 14
[5] Section 409 The consolidated fund 15
Omit "purpose, and" from section 409 (3) (c). Insert instead "purpose.". 16
[6] Section 409 (3) (d) 17
Omit the paragraph. 18
[7] Section 409 (5)(7) 19
Insert after section 409 (4): 20
(5) Despite subsections (3) and (4), a council may: 21
(a) deduct, from the money required by subsection (3) to be 22
used only for the specific purpose of water supply or 23
sewerage services, an amount in the nature of a return 24
on capital invested payment (dividend), and 25
(b) apply that amount towards any purpose allowed for the 26
expenditure of money by councils by this Act or any 27
other Act. 28
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Local Government Amendment (National Competition Policy Review)
Bill 2002
Amendments Schedule 1
(6) The Minister for Land and Water Conservation, with the 1
concurrence of the Minister administering this Act: 2
(a) is to cause guidelines to be prepared and published in 3
the Gazette relating to the management of the provision 4
of water supply and sewerage services by councils, and 5
(b) may, if of the opinion that a council has not 6
substantially complied with the guidelines, direct the 7
council to comply with any particular aspect of the 8
guidelines before making any further deduction under 9
subsection (5). 10
(7) Before making a deduction under subsection (5), a council 11
must: 12
(a) comply with the guidelines published under 13
subsection (6) and any direction given under that 14
subsection, and 15
(b) indicate in an open meeting of the council that the 16
guidelines and any such direction have been complied 17
with in relation to the making of the deduction. 18
[8] Chapter 15, Part 10, Division 1 19
Insert after the heading to Part 10 of Chapter 15: 20
Division 1 Council fees--general 21
607A Interpretation 22
In Division 2 of this Part, a reference to a fee is a reference to 23
a fee to which Division 2 applies and, in Division 3 of this 24
Part, a reference to a fee is a reference to a fee to which 25
Division 3 applies. 26
[9] Sections 609 and 610A 27
Omit the sections. 28
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Local Government Amendment (National Competition Policy Review)
Bill 2002
Schedule 1 Amendments
[10] Chapter 15, Part 10, Divisions 2 and 3 1
Insert after section 610: 2
Division 2 Council fees for business activities 3
610A Application of Division 4
(1) This Division applies to a fee charged by a council for any 5
service relating to the following activities: 6
(a) the operation of an abattoir, 7
(b) the operation of a gas production or reticulation service, 8
(c) the carrying out of a water supply or sewerage service 9
(other than a service provided, or proposed to be 10
provided, on an annual basis for which the council is 11
authorised or required to make an annual charge under 12
section 501), 13
(d) the carrying out of work under section 67, 14
(e) the carrying out of graffiti removal work under 15
section 67A, 16
(f) any other activity prescribed by the regulations for the 17
purposes of this subsection. 18
(2) This Division does not apply to a fee charged by a council for 19
a service relating to the following activities: 20
(a) the issuing of a certificate under Part 4A of the 21
Environmental Planning and Assessment Act 1979, 22
(b) an activity prescribed by the regulations for the purposes 23
of this subsection. 24
610B Fees to be determined in accordance with pricing methodologies 25
(1) A council may determine a fee to which this Division applies 26
only in accordance with a pricing methodology adopted by the 27
council in its plan of management. 28
(2) However, a council may at any time determine a fee otherwise 29
than in accordance with a pricing methodology adopted by the 30
council in its plan of management, but only if the determination 31
is made by a resolution at an open meeting of the council. 32
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Local Government Amendment (National Competition Policy Review)
Bill 2002
Amendments Schedule 1
Division 3 Council fees for non-business activities 1
610C Application of Division 2
This Division applies to a fee for a service other than a fee to 3
which Division 2 applies. 4
610D How does a council determine the amount of a fee for a service? 5
(1) A council, if it determines the amount of a fee for a service, 6
must take into consideration the following factors: 7
(a) the cost to the council of providing the service, 8
(b) the price suggested for that service by any relevant 9
industry body or in any schedule of charges published, 10
from time to time, by the Department, 11
(c) the importance of the service to the community, 12
(d) any factors specified in the regulations. 13
(2) The cost to the council of providing a service in connection 14
with the exercise of a regulatory function need not be the only 15
basis for determining the approved fee for that service. 16
(3) A higher fee or an additional fee may be charged for an 17
expedited service provided, for example, in a case of urgency. 18
610E Council may waive or reduce fees 19
(1) A council may waive payment of, or reduce, a fee (whether 20
expressed as an actual or a maximum amount) in a particular 21
case if the council is satisfied that the case falls within a 22
category of hardship or any other category in respect of which 23
the council has determined payment should be so waived or 24
reduced. 25
(2) However, a council must not determine a category of cases 26
under this section until it has given public notice of the 27
proposed category in the same way as it is required to give 28
public notice of the amount of a proposed fee under 29
section 610F (2) or (3). 30
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Local Government Amendment (National Competition Policy Review)
Bill 2002
Schedule 1 Amendments
[11] Chapter 15, Part 10, Division 4, heading 1
Insert before section 611: 2
Division 4 Certain annual charges 3
[12] Section 612 Public notice of approved fees 4
Omit "an approved" wherever occurring in section 612 (1) and (4). 5
Insert instead "a". 6
[13] Section 612 7
Renumber as section 610F and transfer to Division 3 of Part 10 of 8
Chapter 15 (as inserted by this Act). 9
[14] Schedule 6 Regulations 10
Insert after clause 5: 11
Contracts referred to in the first bullet point paragraph of
5A 12
section 55 (3) (relating to exemptions from tendering requirements). 13
Examples. 14
General obligations of prescribed persons 15
Reporting requirements of prescribed persons 16
Probity requirements relating to prescribed persons 17
Provision of information by prescribed persons to the Department 18
[15] Schedule 8 Savings, transitional and other provisions consequent on 19
the enactment of other Acts 20
Insert at the end of clause 1 (1): 21
Local Government Amendment (National Competition Policy 22
Review) Act 2002 23
[16] Dictionary 24
Omit the definition of approved fee. Insert instead: 25
approved fee means: 26
(a) in relation to a fee to which Division 2 of Part 10 of 27
Chapter 15 applies, a fee determined by the council in 28
accordance with that Division, or 29
Page 8
Local Government Amendment (National Competition Policy Review)
Bill 2002
Amendments Schedule 1
(b) in relation to a fee to which Division 3 of Part 10 of 1
Chapter 15 applies: 2
(i) the fee prescribed by the regulations for the 3
purposes of the provision in relation to which 4
the expression is used or determined by the 5
council in accordance with any such regulations, 6
or 7
(ii) if no such regulations are in force, the fee (if 8
any) determined by the Director-General for the 9
purposes of the provision in relation to which 10
the expression is used, or 11
(iii) if no such regulations are in force and no fee is 12
determined by the Director-General, the fee (if 13
any) determined by the council for the purposes 14
of the provision in relation to which the 15
expression is used. 16
[17] Dictionary 17
Omit the definition of domestic waste. Insert instead: 18
domestic waste means waste on domestic premises of a kind 19
and quantity ordinarily generated on domestic premises and 20
includes waste that may be recycled, but does not include 21
sewage. 22
Page 9
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