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Government) Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The ancillary object of this Bill is to make amendments, by way of statute
law revision, to the Local Government Act 1919 and to make minor
amendments to the Local Government Act 1993 arising from the operation of
that Act.
Amendments to achieve the principal object of
this Bill
The law relating to local government changed significantly on 1 July 1993,
with the commencement of the Local Government Act 1993 and certain
legislation relating to roads, the impounding of animals, traffic and
electricity. To ensure that changes made by the Local Government Act 1993
are reflected in other New South Wales legislation, this Bill:
*
replaces references to repealed provisions of the Local Government
Act 1919 with the appropriate references to the Local Government Act
1993, and
*
updates terms relating to local government and civic office, and
*
updates references to the corporate names of councils, and
*
repeals certain enactments that amended the Local Government Act
1919 or that relate to local government and are no longer of practical
utility.
Replacement of references to the old Act
This Bill amends certain Acts as a consequence of the enactment of the
Local Government Act 1993 ("the new Act") and the repeal of most of the
Local Government Act 1919 ("the old Act") and many of the ordinances
made under that Act.
Many Acts include references to the repealed provisions of the old Act and
ordinances made under it. The Bill updates those references to the old Act
by replacing them with the appropriate references to the new Act.
(References to the old Act in regulations are affected by clause 4 of
Schedule 7 to the new Act. That clause provides that a reference in any
instrument to the old Act or a provision of the old Act is to be read as a
reference to the new Act, the Impounding Act 1993, the Roads Act 1993, the
Traffic Act 1909 or the corresponding provision of one of those Acts or a
regulation made under one of those Acts.)
Explanatory note page 2
Updating terms relating to local government and civic office
This Bill also amends references to terms that were made redundant by the
repeal of most of the old Act. The following table indicates some of the
changes:
Old term
New term
municipality or shire
area under the Local Government
Act 1993
Ironbark Municipality
Ironbark area or area of Ironbark
Shire of Wattle
Wattle area or area of Wattle
alderman
councillor
President of a shire council
mayor of a council
town clerk or shire clerk
general manager of a council
servant of a council
employee of a council
riding of a shire
ward of an area
county district
area of operations of a county
council
general rate
ordinary rate
Updating references to corporate names of councils
Section 221 of the new Act provides for the corporate name of a council. For
example, Ironbark Municipal Council is now called Ironbark Council or
Council of Ironbark. However, the new Act also allows a council that,
immediately before 1 July 1993, was the council of a municipality or a shire
to resolve (before 31 December 1994) to retain the word "municipal" or
"municipality", or "shire", respectively, as part of its corporate name.
The Bill updates references to the corporate names of councils in various
Acts.
Replacement of ordinances with regulations
The new Act provides for the making of regulations instead of ordinances.
Most ordinances were repealed when that Act commenced, but some are
continued in force and are taken to be regulations. (The only ordinance that
Explanatory note page 3
is still operative as an ordinance is Ordinance No 55, which relates to
section 510 of the old Act, a provision that is still in force.) For that reason,
this Bill removes references to ordinances under local government
legislation from certain Acts where appropriate.
The new Act is also amended to include transitional provisions consequent
on the repeal of certain Acts relating to the levying of rates and charges
listed in Schedule 2.
2
Amendments to achieve the ancillary object of
this Bill
Amendment of the old Act
The amendments to the old Act are by way of statute law revision and relate
to Part 12 (Subdivision Regulation). The amendments correct incorrect
cross-references and are taken to have commenced on the commencement of
the provisions of the Water Board (Corporatisation) Act 1994 that inserted
the cross-references.
Amendment of the new Act
Election of Councillors. Section 283 (3) of the new Act is relocated as
section 281 (3) to make it clear that, while a person may be a candidate for
election as both mayor and a councillor under section 283 (l), a person
cannot be a candidate for more than one office of councillor when
councillors are elected partly by wards and partly by area under section 281.
Registration of political parties. Section 320 (3) (b) of the new Act is
amended to remove an anomaly in the application, to local government
elections, of sections 66A, 66B and 66D66M of the Parliamentary
Electorates and Elections Act 1912 (that deal with registration of parties).
Currently, the combined operation of section 66B and the definition of
eligible party in section 66A of the 1912 Act (as applied by section 320 of
the new Act) is that one of the qualifications for registration as a political
party is that at least one member of the party is a member of a Parliament
whereas the equivalent qualification implied by sections 66D (2) (g) and 66I
(2) (b) of the 1912 Act (as applied by section 320) is that at least one
member of the party is a member of a council. The omission of the matter
"(except in section 66A)" from section 320 (3) (b) removes the anomaly
and confirms that the requisite qualification is membership of a council. A
savings provision is included that validates existing registrations of political
parties under the new Act that have been made on the basis of members of
the parties being members of councils.
Explanatory note page 4
Appointment of Auditor-General as Auditor for council. Section 422
(Appointment of auditors) of the new Act is amended to make it clear that
the Auditor-General may be appointed as the auditor of a council.
Omission of reference to Minister's power to permit variation-general
income. Section 509 (Maximum general income for a year) limits a
council's rates and charges for a year to the council's notional general
income for the previous year as varied by the percentage (if any) specified
by the Minister under section 506 (and subject to any catching up of
shortfall under section 511). The current provision does not however take
into account the Minister's power under section 508 (2) to vary, for a
particular council, the general percentage specified under section 506.
Section 509 is amended to make provision for variations arising under
section 508. A consequential amendment is made to section 511 (Catching
up of shortfall in general income).
Omission
of reference
to
Minister's
power
to
permit
variation--domestic waste management services. Section 510 (Maximum
annual charge for domestic waste management services) of the new Act is
amended for similar reasons to those for amendment of section 509 so that
the annual charge for domestic waste management services for a parcel of
rateable land for the previous year will be allowed to be varied by any
percentage specified by the Minister under section 508 (2).
Correction of cross-reference. The amendment to section 512 (Effect of
contravening s 509, 510 or 511) of the new Act corrects an incorrect
cross-reference.
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 gives effect to the Schedule of amendments to other Acts.
Clause 4 repeals the Acts and instrument specified in Schedule 2.
Schedule 1 amends the Acts, listed beneath Schedule 1 in the Contents of
the proposed Act, in the manner described above.
Explanatory note page 5
Schedule 2
Repeals
Schedule 2 repeals:
(a) the City of Sydney (Elections) Regulation 1993 as it is made redundant
by item [9] of the amendments to the City of Sydney Act 1988
contained in Schedule 1, and
(b)
certain Acts that are no longer of practical utility or that contain
amendments to repealed provisions of the old Act.
Explanatory note page 6