LOCAL GOVERNMENT ACT 1993 - SECT 742 Dispute resolution

LOCAL GOVERNMENT ACT 1993 - SECT 742

742 Dispute resolution

(1) If any difference, whether arising out of the construction of this Act or not, arises between the councils of any two or more areas, or between two or more county councils or between one or more councils and one or more county councils, or between any of them and one or more Departments of the Government, with respect to--

(a) the carrying out of the provisions of this Act, or

(b) the fulfilment and exercise of the functions of councils under any Act,

and if after diligent efforts to resolve the difference it remains unresolved, either or any of the parties to the dispute may submit the matter to the Minister.

(2) The Minister may inquire into the matter or may refer the matter for inquiry to some person appointed by the Minister.

(3) Before making such an inquiry into any matter relating to the carrying out by a council of a provision of this or any other Act that is administered by another Minister, the Minister must consult the other Minister.

(4) For the purposes of or after the inquiry, the Minister may make any order that in the public interest and in the circumstances of the case seems just and equitable.

(5) Such an order may direct the payment of any costs and expenses incidental to the conduct of the inquiry.

(6) An order may, on the application of the Minister or of either or any party, by leave of the Supreme Court, be enforced in the same manner as a judgment or order of the Court.

(7) In this section,
"Department of the Government" includes any public authority and any of the following--

• Transport Asset Holding Entity of New South Wales

• Residual Transport Corporation of New South Wales

• Sydney Trains

• NSW Trains

• the Commissioner of Fire and Rescue NSW

• the New South Wales Land and Housing Corporation

• a water supply authority

• the Health Administration Corporation

• the New South Wales Health Foundation

• a public health organisation within the meaning of the Health Services Act 1997

• the Ambulance Service of New South Wales

• any trust constituted under the Water Act 1912 and any union constituted under the Drainage Act 1939

• Crown land manager of any public reserve, water reserve, or cemetery, or of any land, appointed by or under the Crown Land Management Act 2016 or the trustees of any lands or works held, constructed, or used for any public purpose

• a trust established by or under the Commons Management Act 1989

• the Forestry Corporation

• the Zoological Parks Board of New South Wales

• the New South Wales Meat Industry Authority

• the Sydney Harbour Foreshore Authority

• Sydney Metro.

(8) This section does not apply to a dispute arising under the Roads Act 1993 .

Note : Disputes involving councils and public sector bodies may also be resolved by arbitration or other forms of negotiated settlement.