New South Wales Consolidated Acts

LOCAL GOVERNMENT (CITY OF SYDNEY BOUNDARIES) ACT 1967 - SECT 28

28 Agreements between councils as to certain undertakings

(1) Where, immediately before the appointed day, on land taken pursuant to this Act from the City of Sydney and added to the Municipality of Leichhardt, Marrickville or Woollahra or constituted as the Municipality of Northcott, as the case may be, the Council of the City of Sydney conducted any undertaking that is declared by the Minister, in an instrument under subsection two of this section, to be an undertaking for the physical, mental, cultural or social welfare of aged persons, the Council of the City of Sydney and the council of the area in which that land is situated may, at any time after the appointed day, enter into an agreement for the carrying out jointly of the undertaking.

(2) The Minister may, on an application made to him:

(a) by the Council of the City of Sydney, in respect of an undertaking that was, immediately before the appointed day, carried on on land taken pursuant to this Act from the City of Sydney, or

(b) by the council of an area, in respect of an undertaking that was, immediately before the appointed day, carried on on land added to, or constituted as that area pursuant to this Act,

by an instrument in writing issued to the council making the application, declare that undertaking to be an undertaking for the physical, mental, cultural or social welfare of aged persons.

(3) Where the Council of the City of Sydney and any other council referred to in subsection one of this section fail to agree:

(a) as to the manner in which any undertaking referred to in subsection one of this section is to be conducted,

(b) as to the apportionment of the expense of maintaining the undertaking and providing the services for which it was established, or

(c) as to the period for which any such agreement is to remain in force,

that failure shall be deemed to be a difference between the councils and may be submitted by either council for determination by the Minister and the provisions of section six hundred and fifty-four of the Principal Act apply to any such submission or determination.

(4) The Council of the City of Sydney and any other council referred to in subsection one of this section shall, for the purposes of subsection three of this section, be deemed to have failed to agree as referred to in subsection three of this section if they have not entered into such an agreement within a period of three months after a request to do so is made by one of the councils to the other.