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LOCAL GOVERNMENT ACT 1993 - As at 1 March 2024 - Act 30 of 1993

- As at 1 March 2024 - Act 30 of 1993

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Does this Act bind the Crown?
  • 5 To what parts of the State does this Act apply?
  • 6 Notes in the text

CHAPTER 2 - WHAT ARE THE PURPOSES OF THIS ACT?

CHAPTER 3 - PRINCIPLES FOR LOCAL GOVERNMENT

  • 8 Object of principles
  • 8A Guiding principles for councils
  • 8B Principles of sound financial management
  • 8C Integrated planning and reporting principles that apply to councils

CHAPTER 4 - HOW CAN THE COMMUNITY INFLUENCE WHAT A COUNCIL DOES?

PART 1 - OPEN MEETINGS

  • 9 Public notice of meetings
  • 10 Who is entitled to attend meetings?
  • 10A Which parts of a meeting can be closed to the public?
  • 10B Further limitations relating to closure of parts of meetings to public
  • 10C Notice of likelihood of closure not required in urgent cases
  • 10D Grounds for closing part of meeting to be specified
  • 10E. (Repealed)
  • 11 Public access to correspondence and reports

PART 2 - (Repealed)

None

PART 3 - EXPRESSIONS OF COMMUNITY OPINION

Division 1 - Council polls

  • 14 Council polls

Division 2 - Constitutional referendums

  • 15 What is a constitutional referendum?
  • 16 What matters must be dealt with at a constitutional referendum?
  • 17 What is the effect of a constitutional referendum?

Division 3 - General provisions concerning a council poll or constitutional referendum

  • 18 What provisions apply to the conduct of a council poll or constitutional referendum?
  • 19 Day for taking council poll or constitutional referendum
  • 20 When is a question at a council poll or constitutional referendum carried?
  • Note

CHAPTER 5 - WHAT ARE A COUNCIL'S FUNCTIONS?

  • 21 Functions under this Act
  • 22 Other functions
  • 23 Supplementary, incidental and consequential functions
  • 23A Departmental Chief Executive's guidelines
  • Note

CHAPTER 6 - WHAT ARE THE SERVICE FUNCTIONS OF COUNCILS?

PART 1 - GENERAL

  • 24 Provision of goods, services and facilities and carrying out of activities

PART 2 - PUBLIC LAND

Note

Division 1 - Classification and reclassification of public land

  • 25 All public land must be classified
  • 26 What are the classifications?
  • 27 How are the classifications made?
  • 28 Forwarding of planning proposals to Minister for Planning
  • 29 Public hearing into reclassification
  • 30 Reclassification of community land as operational
  • 31 Classification of land acquired after 1 July 1993
  • 32 Reclassification of land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979
  • 33 Reclassification of operational land as community land
  • 34 Public notice to be given of classification or reclassification by council resolution

Division 2 - Use and management of community land

  • 35 What governs the use and management of community land?
  • 36 Preparation of draft plans of management for community land
  • 36A Community land comprising the habitat of endangered species
  • 36B Community land comprising the habitat of threatened species
  • 36C Community land containing significant natural features
  • 36D Community land comprising area of cultural significance
  • 36DA Location of places and items of Aboriginal significance may be kept confidential
  • 36E Core objectives for management of community land categorised as a natural area
  • 36F Core objectives for management of community land categorised as a sportsground
  • 36G Core objectives for management of community land categorised as a park
  • 36H Core objectives for management of community land categorised as an area of cultural significance
  • 36I Core objectives for management of community land categorised as general community use
  • 36J Core objectives for management of community land categorised as bushland
  • 36K Core objectives for management of community land categorised as wetland
  • 36L Core objectives for management of community land categorised as an escarpment
  • 36M Core objectives for management of community land categorised as a watercourse
  • 36N Core objectives for management of community land categorised as foreshore
  • 37 Requirements of plans of management for community land that is not owned by the council
  • 38 Public notice of draft plans of management
  • 39 Notice to owner of draft plan of management
  • 40 Adoption of plans of management
  • 40A Public hearing in relation to proposed plans of management
  • 41 Amendment of plans of management
  • 42 Revocation and cessation of plans of management
  • 43 Public availability of plans of management
  • 44 Use of community land pending adoption of plan of management
  • 45 What dealings can a council have in community land?
  • 46 Leases, licences and other estates in respect of community land--generally
  • 46A Means of granting leases, licences and other estates
  • 47 Leases, licences and other estates in respect of community land--terms greater than 5 years
  • 47A Leases, licences and other estates in respect of community land--terms of 5 years or less
  • 47AA Special provisions for leases, licences and other estates granted for filming projects
  • 47B Lease or licence in respect of natural area
  • 47C Sublease of community land
  • 47D Occupation of community land otherwise than by lease or licence
  • 47E Development of community land
  • 47F Dedication of community land as public road

Division 3 - Miscellaneous

  • 47G Public hearings
  • 48 Responsibility for certain public reserves
  • 49 Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance
  • 50 Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964
  • 51 Use of land held for drainage purposes
  • 52 Effect of Environmental Planning and Assessment Act 1979, s 3.16
  • 53 The council's land register
  • 54 Certificate as to classification of land
  • 54A Community land to be described in common terms
  • 54B Transfer of certain institutional private trust land
  • Note

PART 2A - ENVIRONMENTAL UPGRADE AGREEMENTS

  • 54C Definitions
  • 54D Environmental upgrade agreement
  • 54E What are environmental upgrade works?
  • 54F Buildings that can be subject of environmental upgrade agreement
  • 54G Contents of environmental upgrade agreement
  • 54H Council fees under agreement
  • 54I Power to levy environmental upgrade charge
  • 54J Application of other charge provisions to environmental upgrade charge
  • 54K Special provisions relating to strata buildings
  • 54L Payment of environmental upgrade charge
  • 54M Liability of council to recover charge
  • 54N Recovery of contributions from lessees
  • 54O Agreements to be made on a voluntary basis
  • 54P Reporting requirements
  • 54Q Guidelines
  • 54R Changes to council area

PART 3 - RESTRAINTS AND QUALIFICATIONS THAT APPLY TO SERVICE FUNCTIONS

Division 1 - Tendering

  • 55 Requirements for tendering
  • 55A Extended operation of section 55 to council-related entities

Division 2 - Water supply, sewerage and stormwater drainage works and facilities

  • 56 Application of Division
  • 57 Construction of works
  • 58 Handing over of works
  • 59 Vesting of works
  • 59A Ownership of water supply, sewerage and stormwater drainage works
  • 60 Ministerial approval required for certain council works
  • 61 Ministerial directions concerning certain works
  • 62 Ministerial powers during emergencies
  • 63 Effect of failure to comply with directions
  • 64 Construction of works for developers
  • 65 Powers of Minister for Water, Property and Housing--entry on to land and other powers
  • 66 Appointment of administrator

Division 3 - Private works

  • 67 Private works

Division 4 - (Repealed)

None

CHAPTER 7 - WHAT ARE THE REGULATORY FUNCTIONS OF COUNCILS?

PART 1 - APPROVALS

Division 1 - What activities require approval?

Division 2 - Crown activities

  • 69 Crown exemption from approval to do things incidental to erection or demolition of building
  • 70, 71. (Repealed)
  • 72 Determination of applications by the Crown
  • 73 Effect of council's failure to determine Crown application
  • 74 Prohibition on appeals concerning Crown applications

Division 3 - Making and determination of applications for approval--generally

  • 75 Applications for approval
  • 76 What may an application relate to?
  • 77 Relevant regulations and local policies to be brought to notice of intending applicants
  • 78 Who may make an application?
  • 79 What is the form of application?
  • 80 Is there an application fee?
  • 81 What matters must accompany an application?
  • 82 Objections to application of regulations and local policies
  • 83 Ownership and use of plans and specifications
  • 84 Acknowledgment of application
  • 85 Rejection of unclear or illegible applications
  • 86 Request for more information
  • 87 Amendment of applications
  • 88 Withdrawal of applications
  • 89 Matters for consideration
  • 90 Concurrence
  • 91 Giving effect to concurrence
  • 92 Approval where an accreditation is in force
  • 93 Certification by qualified persons
  • 94 Determination of application
  • 95 "Deferred commencement" approval
  • 96 Staged approval
  • 97 Conditions concerning security
  • 98 Other conditions
  • 99 Notice to applicant of determination of application
  • 100 Review of determination
  • 101 Date from which approval operates
  • 102 Insurance for residential building work
  • 102A Evidence of insurance-related matters
  • 103 When does an approval lapse?
  • 104. (Repealed)
  • 105 Circumstances in which approval is taken to have been refused
  • 106 Can approvals be amended?
  • 107 Can approvals be extended or renewed?
  • 107A Special provision--renewal of approvals relating to operation of sewage management systems
  • 108 Can approvals be revoked or modified?
  • 109 In what circumstances can an approval be revoked or modified?
  • 110 Notice to be given of proposed revocation or modification
  • 111 Application of secs 108, 109 and 110 to the Crown
  • 112 Entitlement to compensation
  • 113 Record of approvals

Division 4 - Approvals for filming

  • 114 What is the purpose of this Division?
  • 115 Applications for approvals for filming
  • 116 Form of, and security deposits, bonds, fees and charges for, filming proposal
  • 117 Acknowledgment of application and notification of fees
  • 118 What matters must accompany a filming proposal?
  • 119 Filming protocol to be brought to attention of intending applicants
  • 119A Amendment and withdrawal of applications
  • 119B Application for approvals under Division 3
  • 119C Application for approval other than under Division 3
  • 119CA Presumption in favour of grant of approval
  • 119D Applicable filming protocol
  • 119E Advertising or notification of applications made in filming proposal
  • 119F Application of this Division

Division 5 - Accreditation of components, processes and designs

  • 120 Application for accreditation
  • 121 Determination of application
  • 122 Revocation of accreditation
  • 123 Councils to be informed of accreditation and revocation
  • 123A Application for extension or renewal of accreditation
  • 123B Acceptance of accreditation by others
  • Note

PART 2 - ORDERS

Division 1 - Giving of orders

  • 124 Orders
  • 125 Abatement of public nuisances
  • 126 Giving orders to public authorities
  • 127 Making of regulations for the purposes of this Division
  • 128 Catchment districts
  • 128A Orders about removal or keeping of waste

Division 2 - Procedures to be observed before giving orders

  • 129 Circumstances in which compliance with this Division is required
  • 130 Effect of compliance with this Division
  • 131 Criteria to be considered before order is given
  • 131A Orders that make or are likely to make residents homeless
  • 132 Notice to be given of proposed order
  • 133 Making of representations
  • 134 Hearing and consideration of representations
  • 135 Procedure after hearing and consideration of representations

Division 3 - Orders generally

  • 136 Reasons for orders to be given
  • 137 Period for compliance with order
  • 138 Notice of right to appeal against order
  • 138A Approval or consent not required to comply with order
  • 139 Order may specify standards and work that will satisfy those standards
  • 140 Compliance with order referred to in sec 139(2)
  • 141 Council's response to submission of particulars of work by owner
  • 142 Orders affecting heritage items
  • 143 Combined orders
  • 144 Giving and taking effect of orders
  • 145 Orders may be given to two or more persons jointly
  • 146 Notice in respect of land or building owned or occupied by more than one person
  • 147 Compliance with orders by occupiers or managers
  • 148 Occupier of land may be required to permit owner to carry out work
  • 149-151. (Repealed)
  • 152 Modification of orders
  • 153 Revocation of orders
  • 154 The Minister may exercise any function concerning an order that a council may exercise
  • 155 Effect of inconsistency between council's order and Minister's order
  • 156 Minister may revoke or modify a council's order
  • 157 Limitation on Minister's orders
  • Note

PART 3 - ADOPTION OF LOCAL POLICIES CONCERNING APPROVALS AND ORDERS

  • 158 Preparation of draft local policy for approvals
  • 159 Preparation of draft local policy for orders
  • 160 Public notice and exhibition of draft local policy
  • 161 Adoption of draft local policy
  • 162 Departmental Chief Executive's consent required to exemption from necessity for approval
  • 163 Effect of inconsistency between council's local policy and this Act or the regulations
  • 164 Local policy not to be more onerous than this Act or the regulations
  • 165 Amendment and revocation of local policy
  • 166 Public notice of adoption of local policy
  • 167 Public availability of local policy

PART 4 - (Repealed)

None

PART 5 - APPEALS

Division 1 - Approvals and orders

  • 176 Appeal by an applicant concerning an approval
  • 177 Appeal by an applicant as to whether a "deferred commencement" approval operates
  • 178 Appeal against the revocation or modification of an approval
  • 179 Awarding of compensation concerning approvals
  • 180 Appeals concerning orders
  • 181 Awarding of compensation concerning orders
  • 182 Appeals concerning particulars of work submitted to councils
  • 183 Effect of appeal on order
  • 184 Court's powers not limited by this Division

Division 2 - (Repealed)

None

CHAPTER 8 - WHAT ANCILLARY FUNCTIONS DOES A COUNCIL HAVE?

PART 1 - ACQUISITION OF LAND

  • 186 For what purposes may a council acquire land?
  • 187 How does a council acquire land?
  • 188 Restriction on compulsory acquisition of land for re-sale
  • 189 No restriction as to area
  • 190 Special provisions relating to land containing minerals

PART 2 - ENTRY ON TO LAND AND OTHER POWERS

  • 191 Power of entry
  • 191A Power of entry--construction and maintenance of water supply, sewerage and stormwater drainage works
  • 192 Inspections and investigations
  • 193 Notice of entry
  • 194 Use of force
  • 195 Notification of use of force or urgent entry
  • 196 Care to be taken
  • 197 Recovery of cost of entry and inspection
  • 198 Compensation
  • 199 Authority to enter premises
  • 200 In what circumstances can entry be made to a residence?
  • 201 Search warrants

PART 3 - SPECIAL ENTERTAINMENT PRECINCTS

  • 202 Special entertainment precinct
  • 203 Minister's guidelines

CHAPTER 9 - HOW ARE COUNCILS ESTABLISHED?

PART 1 - AREAS

Division 1 - How are areas constituted and dissolved?

  • 204 Constitution of areas
  • 205 Land taken to be included in an area
  • 206 Constitution of cities
  • 207 Names of areas
  • 208 Effect of changing name
  • 209. (Repealed)
  • 210 Division of areas into wards
  • 210A Consultation, public notice and exhibition of proposals regarding ward boundaries
  • 210B Approval to abolish all wards in council's area
  • 211 Ward boundaries
  • 212 Dissolution of areas
  • 213 Facilitating provisions of proclamations

Division 2 - What must be done before areas can be constituted?

Note
  • 214 Exercise of functions under sec 204
  • 215 Who may initiate a proposal?
  • 216 Public notice to be given of a proposal
  • 217 Making of representations
  • 218 Referral of proposal for examination and report

Division 2A - How are areas amalgamated or their boundaries altered?

  • 218A Amalgamation of areas
  • 218B Alteration of boundaries of areas
  • 218C Facilitating provisions of proclamations
  • 218CA Maintenance of staff numbers in rural centres
  • 218CB Transitional provision for maintenance of pre-amalgamation rate paths
  • 218CC Proposals for de-amalgamations

Division 2B - What must be done before areas can be amalgamated or their boundaries altered?

  • 218D Exercise of functions under secs 218A and 218B
  • 218E Who may initiate a proposal?
  • 218F Referral of proposal for examination and report

Division 2C - (Repealed)

None

PART 2 - COUNCILS

Division 1 - Constitution

  • 219 Constitution of councils
  • 220 Legal status of a council
  • 221 What is a council's name?
  • 222 Who comprise the governing body?
  • 223 Role of governing body
  • 224 How many councillors does a council have?
  • 224A Approval to reduce number of councillors

Division 2 - The mayor

  • 225 The mayor
  • 226 Role of mayor
  • 227 Who elects the mayor?
  • 228 How is it decided that the mayor be elected by the electors?
  • 229 Can the decision be changed?
  • 230 For what period is a mayor elected?
  • 231 Deputy mayor

Division 3 - The councillors

  • 232 The role of a councillor
  • 233 For what period is a councillor elected?
  • 233A Oath and affirmation for councillors
  • 234 When does a vacancy occur in a civic office?

Division 4 - Local Government Remuneration Tribunal

  • 235 Local Government Remuneration Tribunal
  • 236 Assessors
  • 237 Provisions relating to the appointment, term of office and remuneration of the Remuneration Tribunal and assessors
  • 238 Functions of the Remuneration Tribunal
  • 239 Categorisation of councils and mayoral offices
  • 240 How are the categories to be determined?
  • 241 Determination of fees
  • 242 Special determinations
  • 242A Tribunal to give effect to declared government policy on remuneration for public sector staff
  • 243 Inquiries
  • 244 Reports of the Remuneration Tribunal
  • 245 Publication and tabling of reports
  • 246 Effect of determination
  • 247 Assistance for the Remuneration Tribunal

Division 5 - What fees, expenses and facilities may be paid or provided to councillors?

  • 248 Fixing and payment of annual fees for councillors
  • 248A Annual fees or other remuneration not to be paid during period of suspension
  • 249 Fixing and payment of annual fees for the mayor
  • 250 At what intervals are fees to be paid?
  • 251 What is the consequence of paying fees?
  • 252 Payment of expenses and provision of facilities
  • 253 Requirements before policy concerning expenses and facilities can be adopted or amended
  • 254 Decision to be made in open meeting
  • 254A Circumstances in which annual fees may be withheld
  • 254B Payment for superannuation contributions for councillors

Division 6 - Appointment of administrator

  • 255 Governor may dismiss mayor and councillors
  • 256 Governor may appoint administrator or order fresh election
  • 257 Declaration of council as non-functioning
  • 258 Administrator
  • 259 Temporary exercise of the council's functions

PART 3 - LOCAL GOVERNMENT BOUNDARIES COMMISSION

  • 260 Constitution of the Boundaries Commission
  • 261 Membership of Boundaries Commission
  • 262 How is a panel to be constituted for the purposes of making an appointment as a commissioner?
  • 263 Functions of the Boundaries Commission
  • 264 Can a person be represented in proceedings before the Boundaries Commission?
  • 265 Boundaries Commission may conduct survey or poll

CHAPTER 10 - HOW ARE PEOPLE ELECTED TO CIVIC OFFICE?

PART 1 - WHO MAY VOTE?

  • 266 Who has the right to be enrolled as an elector?
  • 267 Who has the right to vote?
  • 268 One vote per elector
  • 269 Who is a "resident" for the purposes of this Part?
  • 270 Who is an "owner of rateable land" for the purposes of this Part?
  • 271 Who is an "occupier" or "ratepaying lessee" for the purposes of this Part?
  • 272 Competing claimants
  • 273 Application of Part to area not divided into wards

PART 2 - WHO MAY BE ELECTED?

  • 274 What are the qualifications for civic office?
  • 275 Who is disqualified from holding civic office?
  • 276 What is the effect of disqualification?
  • 277 May the holder of a civic office be re-elected?

PART 3 - WHAT IS THE SYSTEM OF ELECTION?

  • 278 Election of councillors for an area not divided into wards
  • 279 Alternative methods for election of councillors for an area divided into wards
  • 280 Ward election of councillors--method 1
  • 281 Election of councillors partly by wards, partly by area--method 2
  • 282 Election of mayor
  • 283 Double candidature
  • 284 Voting system for election of the mayor by all the electors of the area
  • 285 Voting system for election of councillors
  • 286 Is voting compulsory?

PART 4 - WHEN ARE ELECTIONS HELD?

  • 287 When is an ordinary election of councillors held?
  • 288 Delayed elections of councillors
  • 289 When is an election of a mayor by the electors to be held?
  • 290 When is an election of a mayor by the councillors to be held?

PART 5 - HOW ARE CASUAL VACANCIES FILLED?

  • 291 By-elections
  • 291A Countback to be held instead of by-election in certain circumstances
  • 292 When is a by-election to be held?
  • 293 Delayed by-elections
  • 294 Dispensing with by-elections
  • 294A Casual vacancy not to be filled where councillor numbers reduced
  • 294B Casual vacancy not to be filled where councillor numbers reduced--approved by constitutional referendum
  • 295 Casual vacancy in office of mayor elected by the councillors

PART 6 - HOW ARE ELECTIONS CONDUCTED?

Division 1 - Administration of elections

  • 296AA Councils to plan for administration of elections
  • 296 How elections are to be administered
  • 296A Elections administered by an electoral services provider
  • 296B Elections administered by the Electoral Commissioner
  • 297 Delegation of functions by the Electoral Commissioner

Division 2 - Electoral rolls

  • 298 Residential roll
  • 299 Non-residential roll
  • 300 Roll of occupiers and ratepaying lessees
  • 301 Roll of electors
  • 302 Public inspection of roll of electors
  • 303 Making of claims for inclusion in the roll
  • 304 Enrolment if qualified in more than one respect
  • 305 Provisional voting

Division 3 - Nominations and election

  • 306 Nominations
  • 307 Nomination where name omitted from roll
  • 308 Candidate information sheets
  • 308A Grouping of candidates
  • 308B Group voting--recording of votes
  • 308C Group voting--marking of ballot-papers
  • 308D Group voting--regulations
  • 309 Contested elections
  • 310 Conduct of contested elections
  • 310A Postal votes
  • 310B Elections may be conducted exclusively by postal voting
  • 311 Uncontested elections

Division 4 - Where residents fail to vote

  • 312 Offence
  • 313 Check on double-voting and failure to vote
  • 314 Penalty notice to be issued for failure to vote
  • 315 Evidence in list of non-voters

Division 5 - Miscellaneous

  • 316 Position on ballot-paper
  • 317 Validity of elections
  • 318 Lapsed or void election

PART 6A - POSTPONEMENT OF ELECTIONS

  • 318A Definition
  • 318B Postponement of elections
  • 318C Revocation of postponement

PART 7 - POLITICAL PARTIES

  • 319 Local Government Register of Political Parties
  • 320 Registration of political parties
  • 321 Party endorsement on ballot-papers
  • 322 Independent candidate on ballot-papers
  • 323 Printing of political party name on ballot-papers
  • 324 Form of political party name on ballot-papers

PART 8 - ENFORCEMENT POWERS IN RELATION TO ELECTIONS

  • 325 Enforcement powers of Electoral Commission
  • 326-328. (Repealed)

PART 8A - POLITICAL DONATIONS

  • 328A General manager to keep register of political donation disclosures
  • 328B Reference by general manager to Departmental Chief Executive of political donation matters

PART 9 - DISMISSAL FROM CIVIC OFFICE

  • 329 Can the holder of a civic office be dismissed?
  • 330. (Repealed)
  • 331 When does an order of dismissal take effect?

CHAPTER 11 - HOW ARE COUNCILS STAFFED?

PART 1 - ORGANISATION STRUCTURE

  • 332 Determination of structure
  • 333 Re-determination and review of structure

PART 2 - THE GENERAL MANAGER AND OTHER SENIOR STAFF

  • 334 Appointment of general manager
  • 335 Functions of general manager
  • 336 Filling of vacancy in position of general manager
  • 337 Council to be consulted as to appointment and dismissal of senior staff
  • 338 Nature of contracts for senior staff
  • 339. (Repealed)
  • 340 Industrial arbitration excluded
  • 341 Duty to report bankruptcy

PART 3 - THE PUBLIC OFFICER

  • 342 Appointment of the public officer
  • 343 Functions of the public officer

PART 4 - EQUAL EMPLOYMENT OPPORTUNITY

PART 5 - OTHER PROVISIONS CONCERNING STAFF

  • 348 Advertising of staff positions
  • 349 Appointments to be on merit
  • 350 Appointments to which secs 348 and 349 do not apply
  • 351 Temporary appointments
  • 352 Independence of staff for certain purposes
  • 353 Other work
  • 354 Restriction on appointment of a former mayor or councillor
  • 354A Ministerial approval for certain termination payments to senior staff

PART 6 - ARRANGEMENTS FOR COUNCIL STAFF AFFECTED BY THE CONSTITUTION, AMALGAMATION OR ALTERATION OF COUNCIL AREAS

  • 354B Definitions
  • 354C No forced redundancy of affected staff members during proposal period
  • 354D Preservation of entitlements of staff members
  • 354E Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval
  • 354F No forced redundancy of non-senior staff members for 3 years after transfer
  • 354G Lateral transfer of non-senior staff members
  • 354H External advertising not required in certain circumstances
  • 354I Limitations on transfer of work base of non-senior staff

CHAPTER 12 - HOW DO COUNCILS OPERATE?

PART 1 - GENERAL

  • 355 How a council may exercise functions
  • 356 Can a council financially assist others?
  • 357 Can a council exercise its functions only within its area?
  • 358 Restrictions on formation of corporations and other entities
  • 359 Can a council act as an agent?
  • Note

PART 2 - HOW ARE DECISIONS MADE?

Division 1 - Code of meeting practice

  • 360 Conduct of meetings of councils and committees
  • 361 Preparation, public notice and exhibition of draft code
  • 362 Adoption of draft code
  • 363 Amendment of the code
  • 364 Public availability of the code

Division 2 - Other provisions concerning council meetings

  • 365 How often does the council meet?
  • 366 Calling of extraordinary meeting on request by councillors
  • 367 Notice of meetings
  • 368 What is the quorum for a meeting?
  • 369 Who presides at meetings of the council?
  • 370 What are the voting entitlements of councillors?
  • 370A Powers of Minister in relation to meetings
  • 371 What constitutes a decision of the council?
  • 372 Rescinding or altering resolutions
  • 373 Committee of council
  • 374 Certain circumstances do not invalidate council decisions
  • 375 Minutes
  • 375A Recording of voting on planning matters
  • 376 Attendance of general manager at meetings

PART 3 - DELEGATION OF FUNCTIONS

  • 377 General power of the council to delegate
  • 378 Delegations by the general manager
  • 379 Delegation of regulatory functions
  • 380 Review of delegations
  • 381 Exercise of functions conferred or imposed on council employees under other Acts

PART 4 - INSURANCE

  • 382 Insurance against liability

PART 5 - COUNTY COUNCILS

  • 383 Proposal to establish or dissolve a county council or amend its constitution
  • 384 Public notice to be given of a proposal
  • 385 Making of representations
  • 386 Minister's recommendation concerning the proposal
  • 387 Formation of county councils
  • 388 Legal status of county councils
  • 389 What is a county council's name?
  • 390 Who comprise the governing body?
  • 391 The chairperson
  • 391A What are the functions of the chairperson?
  • 392 Vacancy in office of member
  • 393 Area of operations of county council
  • 394 Functions of county council
  • 394A County councils to consider regional strategies
  • 395 General manager of county council
  • 396 How often does a county council meet?
  • 397 Amendment and dissolution of county councils
  • 398 Facilitating provisions of proclamations
  • 399 Making of financial contributions by constituent councils
  • 400 Application of Act to county councils
  • 400AA Special provisions relating to Cudgegong (Abattoir) County Council
  • 400A. (Repealed)

PART 6 - PUBLIC-PRIVATE PARTNERSHIPS

Division 1 - Preliminary

  • 400B Definitions
  • 400C Guidelines to be followed by councils in relation to public-private partnerships
  • 400D Ancillary provisions relating to PPP guidelines

Division 2 - Restrictions relating to public-private partnerships

  • 400E General requirements
  • 400F Council to provide assessment of PPP project to Departmental Chief Executive
  • 400G Minister may require PPP project to be referred to Project Review Committee
  • 400H Departmental Chief Executive may require council to provide assessment of varied PPP project
  • 400I Review of PPP project by Project Review Committee

Division 3 - Local Government Project Review Committee

  • 400J Establishment and constitution of Project Review Committee

Division 4 - Miscellaneous provisions

  • 400K Compensation not payable
  • 400L Decision by council to enter into public-private partnership
  • 400M No contracting out
  • 400N Application of Part

PART 7 - JOINT ORGANISATIONS

  • 400O Formation of joint organisations
  • 400P Council must approve inclusion of council area in joint organisation area
  • 400Q Legal status of joint organisations
  • 400R Principal functions of joint organisations
  • 400S Other functions of joint organisations
  • 400T Board of joint organisation
  • 400U Role of board
  • 400V Chairperson
  • 400W Alternates for voting representatives
  • 400X Vacancy in office of representatives or non-voting chairperson
  • 400Y Executive officer
  • 400Z Exercise of functions
  • 400ZA Decisions and powers of joint organisations
  • 400ZB Effect of appointment of administrator for member council
  • 400ZC Amendment and dissolution of joint organisations
  • 400ZD Facilitating provisions of proclamations
  • 400ZE Delegations
  • 400ZF Financial matters
  • 400ZG Staff
  • 400ZH Application of Act to joint organisations

CHAPTER 13 - HOW ARE COUNCILS MADE ACCOUNTABLE FOR THEIR ACTIONS?

PART 1 - PRELIMINARY

  • 401 Application of Chapter

PART 2 - STRATEGIC PLANNING

  • 402 Community strategic plan
  • 402A Community engagement strategy
  • 403 Resourcing strategy
  • 404 Delivery program
  • 405 Operational plan
  • 406 Integrated planning and reporting guidelines
  • 407. (Repealed)

PART 3 - FINANCIAL MANAGEMENT

Division 1 - Funds

  • 408 The council's funds
  • 409 The consolidated fund
  • 410 Alternative use of money raised by special rates or charges
  • 411 The trust fund

Division 2 - Accounting records, financial reports and auditing

  • 412 Accounting records
  • 413 Preparation of financial reports
  • 414. (Repealed)
  • 415 Auditing of financial reports
  • 416 Time for preparation and auditing of financial reports
  • 417 Auditor's reports
  • 418 Public notice to be given of presentation of financial reports
  • 419 Presentation of council's financial reports
  • 420 Submissions on financial reports and auditor's reports
  • 421 Interim reports

Division 2A - Other audit functions

  • 421A Definitions
  • 421B Meaning of "governing body"
  • 421BA Meaning of "relevant entity"
  • 421BB Relationship with definition of "auditable entity" in Government Sector Audit Act 1983
  • 421BC Application of sections 423-425 to audit of relevant activities of relevant entities
  • 421BD Performance audit by Auditor-General
  • 421BE Report of performance audit
  • 421C Auditor-General may report on local government on sector-wide basis
  • 421D Tabling of reports
  • 421E Other audit functions

Division 3 - Auditors

  • 422 Auditor-General to be council auditor
  • 423 Access to and production of documents
  • 423A Disclosure of confidential information
  • 424 Access to records of authorised deposit-taking institution
  • 425 Secrecy
  • 426 Auditor-General is to communicate with Minister
  • 427. (Repealed)

PART 4 - ANNUAL REPORTS

  • 428 Annual reports

PART 4A - INTERNAL AUDIT

  • 428A Audit, Risk and Improvement Committee
  • 428B Joint internal audit arrangements

PART 5 - INQUIRIES, REVIEWS AND SURCHARGING

Division 1 - Inquiries and reviews

  • 429 Provision of documents or information about council
  • 429A Complaints about councils, councillors, delegates and staff
  • 430 Departmental Chief Executive may investigate councils
  • 431 Powers in connection with investigation
  • 432 Entry on to premises
  • 433 Report of investigation
  • 434 Council's response to report
  • 434A Council's response to Ombudsman's report
  • 434B Expenses of investigation to be borne by council
  • 434C Self-incrimination

Division 2 - Surcharging

  • 435 Surcharging by Departmental Chief Executive
  • 436 Procedure for surcharging
  • 437 Applications for administrative review by NCAT
  • 438 Recovery of amount surcharged

PART 6 - PERFORMANCE MANAGEMENT

  • 438A Performance improvement order
  • 438B Criteria to be considered by Minister
  • 438C Minister to give notice of intention to issue or vary performance improvement order
  • 438D Performance improvement order to be made public
  • 438E Compliance with performance improvement order
  • 438F Compliance report
  • 438G Appointment of temporary adviser
  • 438H Co-operation with temporary adviser
  • 438HA Enforcement of performance improvement order against councillor
  • 438HB Appointment of financial controller
  • 438HC Operations of financial controller

PART 7 - TEMPORARY SUSPENSION OF COUNCIL

  • 438I Power of Minister to suspend council
  • 438J Criteria to be considered by Minister
  • 438K Minister to give notice of intention to suspend council
  • 438L Effect of suspension on councillors
  • 438M Appointment of interim administrator
  • 438N Report by interim administrator
  • 438O Suspension period
  • 438P Performance improvement orders during suspension period
  • 438Q Maximum number of suspensions
  • 438R Ordinary election during suspension period
  • 438S Election of mayor during suspension period
  • 438T No amalgamations or alterations to area during suspension

PART 8 - PUBLIC INQUIRIES

  • 438U Public inquiries
  • 438V Expenses of public inquiry to be borne by council in certain circumstances
  • 438W Suspension of council during public inquiry
  • 438X Effect of suspension
  • 438Y Appointment of interim administrator
  • 438Z Termination of suspension
  • 438ZA Ordinary election during suspension period
  • 438ZB Election of mayor during suspension period
  • 438ZC Issue of performance improvement orders in response to public inquiry

PART 9 - GENERAL

  • 438ZD Service of Ministerial and departmental documents
  • 438ZE Duty to ensure goods and services procured not product of modern slavery

CHAPTER 14 - HONESTY AND DISCLOSURE OF INTERESTS

PART 1 - CONDUCT

Division 1 - Conduct generally

  • 439AA Interpretation
  • 439 Conduct of councillors, staff, delegates and administrators
  • 440 Codes of conduct
  • 440AAA Content of model code
  • 440AAB Register and tabling of returns
  • 440AA Administration of code of conduct

Division 2 - Serious corrupt conduct

  • 440A Definition of "serious corrupt conduct"
  • 440B Dismissal and disqualification from civic office for serious corrupt conduct
  • 440C Temporary suspension from civic office for serious corrupt conduct
  • 440D Temporary suspension of staff in connection with serious corrupt conduct
  • 440E Application of Division

Division 3 - Misconduct

  • 440F Definitions
  • 440G Formal censure of councillor for misconduct
  • 440H Departmental Chief Executive may investigate or seek report on misconduct of councillor
  • 440I Departmental Chief Executive may take disciplinary action for misconduct
  • 440J Alternatives to disciplinary action by the Departmental Chief Executive
  • 440K Suspension of a councillor
  • 440L Appeals against disciplinary action
  • 440M Expenses to be borne by council
  • 440N Investigation of former councillors
  • 440O Self-incrimination
  • 440P Service of departmental documents
  • 440Q. (Repealed)

PART 2 - (Repealed)

None

PART 3 - COMPLAINTS CONCERNING NON-DISCLOSURE AND PROCEEDINGS BEFORE NCAT

Division 1 - Making and investigation of complaints

  • 460 Complaints concerning failure to disclose pecuniary interests
  • 461 Departmental Chief Executive may require further information
  • 462 Investigation of complaints
  • 463 Decision not to investigate a complaint
  • 464 Referral and investigation of complaints by other authorities
  • 465 NCAT to be notified of investigations
  • 466 Persons to be notified of complaint
  • 467 Reports of investigation of complaints by authorities
  • 468 Presentation of reports to NCAT

Division 2 - Proceedings before NCAT--pecuniary interests matters not involving councillors or administrators

  • 469 NCAT to decide whether or not to conduct proceedings into a complaint
  • 470 Circumstances in which NCAT may dispense with hearing

Division 3 - Proceedings before NCAT--misconduct matters

  • 470A NCAT to decide whether or not to conduct proceedings into a referred matter relating to misconduct
  • 470B Circumstances in which NCAT may dispense with hearing

Division 4 - Proceedings before NCAT--general provisions

471-477. (Repealed)
  • 478 Additional complaints
  • 479-481. (Repealed)
  • 482 Decision of NCAT--pecuniary interests matters not involving councillors or administrators
  • 482A Decision of NCAT--misconduct matters
  • 483-485. (Repealed)
  • 486 Referral of matters by NCAT
  • 486A Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators)

PART 4 - (Repealed)

None

PART 5 - MISCELLANEOUS

CHAPTER 15 - HOW ARE COUNCILS FINANCED?

PART 1 - AN OVERVIEW OF RATES AND CHARGES

  • 491 Some sources of a council's income
  • 492 What are the types of rates?
  • 493 Categories of ordinary rates and categories of land
  • 494 Ordinary rates must be made and levied annually
  • 495 Making and levying of special rates
  • 495A Strata lots and company titles taken to be separate parcels of land for annual charges
  • 496 Making and levying of annual charges for domestic waste management services
  • 496A Making and levying of annual charges for stormwater management services
  • 496B Making and levying of annual charges for coastal protection services
  • 497 What is the structure of a rate?
  • 498 The ad valorem amount
  • 499 The base amount
  • 500 Limit on revenue that can be raised from base amount
  • 501 For what services can a council impose an annual charge?
  • 502 Charges for actual use
  • 503 What is the relationship between rates and charges?
  • 504 Domestic waste management services

PART 2 - LIMIT OF ANNUAL INCOME FROM RATES AND CHARGES

  • 505 Application of Part
  • 506 Variation of general income
  • 507 Variation of annual charges for domestic waste management services
  • 508 Orders under secs 506 and 507
  • 508A Special variation over a period of years
  • 509 Maximum general income for a year
  • 510 Maximum annual charge for domestic waste management services
  • 510A Maximum annual charge for stormwater management services
  • 511 Catching up of shortfall in general income
  • 511A Catching up of income lost due to reductions in valuation
  • 512 Effect of contravening section 509, 510, 510A, 511 or 511A
  • 513 Estimates of increases and decreases in value for purposes of notional rate income
  • Note

PART 3 - ORDINARY RATES

  • 514 Categorisation of land for purposes of ordinary rates
  • 515 Categorisation as farmland
  • 516 Categorisation as residential
  • 517 Categorisation as mining
  • 518 Categorisation as business
  • 518A Strata lots and company titles taken to be separate parcels of land for categorisation
  • 518B Mixed development land
  • 519 How is vacant land to be categorised?
  • 520 Notice of declaration of category
  • 521 When does the declaration of a category take effect?
  • 522 When does the declaration of a category cease?
  • 523 When are the declarations of categories reviewed?
  • 524 Notice of change of category
  • 525 Application for change of category
  • 526 Appeal against declaration of category
  • 527 Adjustment of rates following change in category
  • 528 Rate may be the same or different for different categories
  • 529 Rate may be the same or different within a category
  • 530 Special provisions for residential sub-categories
  • 531 What provisions of this Part apply to the determination of sub-categories?

PART 3A - CHARGES

  • 531A Adjustment of charges following change in category
  • 531B Aggregation of certain parcels subject to a charge

PART 4 - MAKING OF RATES AND CHARGES

  • 532 Publication of draft operational plan
  • 533 Date by which a rate or charge must be made
  • 534 Rate or charge to be made for a specified year
  • 535 Rate or charge to be made by resolution
  • 536 What criteria are relevant in determining the base amount?
  • 537 Form of resolution specifying base amounts of rates
  • 538 Form of resolution for special rate
  • 539 What criteria are relevant in determining the amount of a charge?
  • 540 Form of charge
  • 541 Differing amounts of a charge
  • 542 Minimum amounts of charges
  • 543 Each form of rate and each charge to have its own name
  • 544 Inclusion of names in rates and charges notices
  • 545 Curing of irregularities

PART 5 - LEVYING OF RATES AND CHARGES

Division 1 - General

  • 546 How is a rate or charge levied?
  • 547 Method of rating dwellings under company title
  • 548 Minimum amounts
  • 548A Aggregation of values of certain parcels subject to rates containing base amounts
  • 549 Reduction of rates containing base amounts if levied on vacant land
  • 550 Charge of rates and charges on land

Division 2 - Special rates and charges relating to water supply, sewerage and drainage

  • 551 Application of Division 2
  • 552 What land may be subject to a water supply special rate or charge?
  • 553 Time at which land becomes subject to special rate or charge
  • 553A Special rates and charges not payable in relation to land provided with private water supply or sewerage

Division 3 - Coastal protection service charges

  • 553B Restriction on levying coastal protection service charges

PART 6 - WHAT LAND IS RATEABLE?

  • 554 What land is rateable?
  • 555 What land is exempt from all rates?
  • 556 What land is exempt from all rates, other than water supply special rates and sewerage special rates?
  • 557 What land is exempt from water supply special rates and sewerage special rates?
  • 558 What land and bodies may be exempted from water supply special rates and sewerage special rates?
  • 559 Determination as to whether a body is a public benevolent institution or public charity

PART 7 - PAYMENT OF RATES AND CHARGES

  • 560 Who is liable to pay rates?
  • 561 Who is liable to pay charges?
  • 562 Payment of rates and annual charges
  • 563 Discount for prompt payment in full
  • 564 Agreement as to periodical payment of rates and charges
  • 565 Capital contributions instead of payment of special rates or charges
  • 566 Accrual of interest on overdue rates and charges
  • 567 Writing off of accrued interest
  • 568 Application of payments
  • 569 Liability of the occupier
  • 570 Transfer of land in payment of rates or charges
  • 571 What happens if land is transferred?
  • 572 What happens if the rateability of land changes?
  • 573 What happens if land is subdivided?
  • 574 Appeal on question of whether land is rateable or subject to a charge

PART 8 - CONCESSIONS

Division 1 - Concessions for pensioners

  • 575 Reductions for eligible pensioners
  • 576 Application of this Division to postponed rates
  • 577 Extension of concession to avoid hardship
  • 578 When does an order under sec 577 take effect?
  • 579 When and how is an application made for the purposes of this Division?
  • 580 Variation by regulation of amounts of reductions
  • 581 Reimbursement of councils by Parliament
  • 582 Abandonment of pensioners rates and charges
  • 583 Writing off of pensioners rates and charges
  • 584 Ending of concession

Division 2 - Other concessions

Note
  • 585 Who may apply for postponement of rates?
  • 586 Applications to be referred to Valuer-General
  • 587 Attributable part of land value of land
  • 588 Determination of attributable part of land value by Valuer-General
  • 589 Redetermination of attributable part of land value
  • 590 Use of determination of attributable part of land value
  • 591 Postponement of rates
  • 592 Interest on postponed rates
  • 593 Paid rates to be refunded
  • 594 Adjustment of rates
  • 595 Rates to be written off after 5 years
  • 596 Change of circumstances
  • 597 Entitlement to postponement ceases
  • 598 Redetermination on partial change of circumstances
  • 599 When and how is an application made for the purposes of this Division?
  • 600 Rebates in respect of certain land vested in public bodies
  • 601 Hardship resulting from certain valuation changes

PART 9 - MISCELLANEOUS MATTERS CONCERNING RATES AND CHARGES

  • 602 Record of rates and charges
  • 603 Certificate as to rates and charges
  • 604 Notice of transfer of land
  • 605 Expenses of tracing persons
  • 606 Notice of granting of certain Crown leases
  • 606A Estimates of coastal protection service charges
  • 606B Review of cost of coastal protection service charges on request of ratepayer
  • 606C Review of cost of coastal protection service charges on direction of Minister administering Coastal Management Act 2016
  • 607 Writing off of rates, charges and accrued interest

PART 10 - FEES

Division 1 - Council fees--general

  • 607A Interpretation
  • 608 Council fees for services
  • 609. (Repealed)
  • 610 Effect of other Acts

Division 2 - Council fees for business activities

  • 610A Application of Division
  • 610B Fees to be determined in accordance with pricing methodologies

Division 3 - Council fees for non-business activities

  • 610C Application of Division
  • 610D How does a council determine the amount of a fee for a service?
  • 610E Council may waive or reduce fees
  • 610F Public notice of fees

Division 4 - Certain annual charges

  • 611 Annual charge on rails, pipes etc
  • 612 (Renumbered)

PART 11 - GRANTS

  • 613 Constitution of the Local Government Grants Commission
  • 614 Membership of Grants Commission
  • 615 What are the functions of the Grants Commission and the Minister under this Part?
  • 616 How does the Grants Commission decide on its recommendations?
  • 617 What information does the Minister have to provide?
  • 618 What other functions does the Grants Commission have?
  • 619 What happens to the money paid to the State under the Commonwealth Act?
  • 620 Making of grants by the Minister

PART 12 - LOANS

  • 621 When and for what may a council borrow?
  • 622 What form may a council borrowing take?
  • 623 Security for borrowings
  • 624 Are there any restrictions on a council borrowing?

PART 13 - INVESTMENTS

  • 625 How may councils invest?

CHAPTER 16 - OFFENCES

PART 1 - GENERAL OFFENCES

  • 626 Failure to obtain approval
  • 627 Failure to comply with approval
  • 628 Failure to comply with order

PART 2 - PUBLIC PLACES

  • 629 Injuring or removing plants, animals, rocks and soil in or from public place
  • 630 Breaking glass and other matter
  • 631 Damaging, defacing or polluting public bathing place
  • 632 Acting contrary to notices erected by councils
  • 632A Confiscation of alcohol in certain public and other places
  • 633 Bathing (including nude bathing) and other water-based recreational activities
  • 633A Use of skateboards, roller blades and roller skates
  • 633B Part not to apply to National Park reserves or State forests
  • 633C Part not to affect roads and traffic functions under other Acts

PART 3 - WATER, SEWERAGE AND STORMWATER DRAINAGE OFFENCES

  • 634 Water, sewerage and stormwater drainage offences
  • 635 Damage to council property
  • 636 Tampering with meters and fittings
  • 637 Waste or misuse of water
  • 638 Discharge of prohibited matter into sewer or drain
  • 639 Pollution of public water supply
  • 640 Offences in catchment districts
  • 641. (Repealed)

PART 4 - STREET DRINKING

  • 642 Confiscation of alcohol in alcohol-free zones
  • 643. (Repealed)
  • 644 Proposal for establishment of alcohol-free zone
  • 644A Public consultation on proposal to establish alcohol-free zone
  • 644B Establishment of alcohol-free zones
  • 644C Operation of alcohol-free zones
  • 645 Suspension or cancellation
  • 646 Guidelines for alcohol-free zones
  • 647. (Repealed)
  • 648 Other laws not affected
  • 649. (Repealed)

PART 5 - PARKING

  • 650 Free parking areas
  • 650A Strata parking areas and community scheme parking areas
  • 651 Liability of vehicle owner for certain offences

PART 5A - IMMOBILISATION AND DETENTION OF VEHICLES

  • 651A Application of Part
  • 651B Immobilisation of vehicles
  • 651C Unlawful detention of vehicles

PART 6 - OFFENCE RELATING TO CIVIC OFFICE

  • 652 Acting in civic office while subject to disqualification

PART 7 - (Repealed)

None

PART 8 - MISCELLANEOUS

  • 659 Production of certificate of authority to enter premises
  • 660 Obstruction
  • 661 Failure to comply with certain directions
  • 662 Occupier, manager or agent refusing to give name of owner
  • 663 Owner refusing to give name of manager or occupier
  • 664 Disclosure and misuse of information
  • 665 False or misleading information
  • 666 Wilful destruction of documents
  • 667 Wilful destruction of notices and signs
  • 668 Attempts
  • 669 Penalties extended to persons causing offence
  • 670 Notices and signs
  • 671 Proof of lawful or reasonable excuse

CHAPTER 17 - ENFORCEMENT

PART 1 - GENERAL

Division 1 - Legal proceedings

  • 672 What constitutes a breach of this Act for the purposes of this Part?
  • 673 Remedy or restraint of breaches of this Act--the Minister, the Departmental Chief Executive and councils
  • 674 Remedy or restraint of breaches of this Act--other persons
  • 674A Provisions of Act that do not give rise to or affect legal proceedings
  • 675 Time limit on proceedings questioning the validity of approvals
  • 676 Functions of the Land and Environment Court
  • 677 Compensation may be awarded against vexatious litigants
  • 678 Failure to comply with order--carrying out of work by the council
  • 679 Penalty notices for certain offences

Division 2 - Other remedies

  • 680 Demanding name of offender
  • 680A Authorised person may give directions relating to public places
  • 681 Removal of offenders from community land
  • 681A Confiscation of recreational equipment

PART 2 - PROCEEDINGS BY THE COUNCIL OR ITS EMPLOYEES

Division 1 - General

682. (Repealed)
  • 683 Authentication of documents
  • 684 Laying of informations
  • 685 Certain allegations in informations
  • 686 Ownership of council property
  • 687 Appearance in Local Court
  • 688 Bankruptcy
  • 689 Payment of expenses of employee
  • 690 Other remedies
  • 691 Proceedings for offences
  • 691A, 692. (Repealed)
  • 693 Time for bringing proceedings concerning electoral offences
  • 694 Application of penalties
  • 695 Suing for debts
  • 695A Referral of unpaid amounts for debt recovery action
  • 696 Apportionment of expenses

Division 2 - Evidence

  • 697 Formal matters
  • 698 Judicial notice of certain documents
  • 699 Service of notices
  • 700 Proof of ownership of, or leasehold estate in, land
  • 701 Evidence as to whether a place is a public road
  • 702 Offences on boundaries of areas
  • 703 Minutes
  • 704 Delineation of local government boundaries by reference to maps

Division 3 - Notices by the council

  • 705 What is public notice?
  • 706 What happens after a council gives public notice?
  • 707 Publication of notices in Gazette and elsewhere
  • 708 The Crown
  • 709 Corporations
  • 710 Service of notices on persons
  • 711 Effect of service on successors in title

Division 4 - Legal proceedings for the recovery of rates and charges

  • 712 Special provisions with respect to the recovery of unpaid rates and charges

Division 5 - Sale of land for unpaid rates and charges

  • 713 Sale of land for unpaid rates and charges
  • 714 Estates and interests of the Crown in land
  • 715 Notice of proposal to sell land
  • 716 Sale of land by public auction
  • 717 Payment of purchase money
  • 718 Application of purchase money
  • 719 What if the purchase money is less than the amounts owing?
  • 720 What if the purchase money is more than the amounts owing?
  • 721 Apportionment of rates on subdivided land
  • 722 Conveyance or transfer of the land
  • 723 Land is conveyed free of certain interests
  • 724 Special provisions concerning leases of land owned by the Crown
  • 725 Transfers not invalid because of procedural irregularities
  • 726 Registration of transfer of land under the Real Property Act 1900

PART 3 - PROCEEDINGS AGAINST COUNCILS, COUNCILLORS AND STAFF

Division 1 - General

  • 727 Service of documents
  • 728 Suing for penalty
  • 729 Proceedings alleging non-compliance with a procedural requirement
  • 730 Compensation

Division 2 - Liability

  • 731 Liability of councillors, employees and other persons
  • 732 Exemption from liability--accreditation and certification
  • 733 Exemption from liability--flood liable land, land subject to risk of bush fire and land in coastal zone

CHAPTER 18 - MISCELLANEOUS

PART 1 - GENERAL

  • 734 Public hearings by a council
  • 734A Preliminary enquiries by Departmental Chief Executive
  • 735 Notices to be given in writing
  • 735A Certificate as to notices
  • 736 Proclamations
  • 737 Correcting errors
  • 738 Validity of proclamations
  • 739 Protection of privacy
  • 739A Retention, preservation and destruction of records
  • 740. (Repealed)
  • 740A Ministerial committees
  • 741 Exemption from taxes
  • 742 Dispute resolution
  • 743 Property in waste
  • 744 Delegation of functions by the Minister
  • 745 Delegation of functions by the Departmental Chief Executive
  • 746 Authorised officers
  • 747 Review of Act

PART 1A - COVID-19 PANDEMIC--SPECIAL PROVISIONS

  • 747AA Definition
  • 747A COVID-19 pandemic--meetings
  • 747AB COVID-19 pandemic--recovery of unpaid rates
  • 747B. (Repealed)

PART 1B - COVID-19 PANDEMIC--2021 LOCAL GOVERNMENT ELECTIONS SPECIAL PROVISIONS

  • 747C COVID-19 pandemic--local government elections regulation-making power

PART 2 - REGULATIONS

  • 748 Regulations

PART 3 - SAVINGS, TRANSITIONAL AND OTHER PROVISIONS

  • 749 Savings, transitional and other provisions

PART 4 - (Repealed)

None

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