LOCAL GOVERNMENT (GENERAL) REGULATION 2005

New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005

- Made under the Local Government Act 1993
- As at 22 September 2008
- Reg 487 of 2005

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Definitions
4. Application of Regulation

PART 2 - APPROVALS

Division 1 - Preliminary

5. Exclusion of certain matters

Division 2 - (Repealed)
None

Division 3 - Approvals relating to water supply, sewerage and stormwater drainage work

Subdivision 1 - Applications for approvals

13. Standards and requirements to be met for approval
14. Installation of water meters
15. Matters to be considered when determining applications for water supply, sewerage and stormwater drainage approvals

Subdivision 2 - Conditions of approvals

16. Approvals to be subject to a condition requiring compliance with standards and requirements
17. Discretionary conditions for carrying out water supply work
18. Connection to water or sewerage mains
19. Cutting into sewer main
20. Person carrying out water supply, sewerage or stormwater drainage work to hold permit
21. Inspection and certification of water supply, sewerage and stormwater drainage work
22. Defective water supply, sewerage or stormwater drainage work to be rectified
23. Diagrams of sewerage or stormwater drainage work

Subdivision 3 - Exemption

24. Approval not required for the drawing of water by council employees

Division 4 - Approvals relating to management of waste

Subdivision 1 - Applications for approvals

25. Matters to accompany applications relating to discharge into sewers
26. Matters to accompany applications for approval to install or construct sewage management facilities

Subdivision 2 - Determination of applications for approvals

27. Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road
28. Approval to discharge waste into sewers: concurrence required
29. Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities
30. Standards to be met for approval

Subdivision 3 - Conditions of approvals

31. Compliance with standards
32. Disposal of trade waste
33. Waste treatment devices
34. Use of sewage management facilities
35. Position of closets

Subdivision 4 - Performance standards

36. Sewage management facilities generally
37. Closets for certain toilet systems
38. Cesspits
39. Mechanical waste treatment devices

Subdivision 5 - Accreditation of sewage management facilities

40. Application of Subdivision
41. Facilities to be accredited

Subdivision 6 - Approval required to operate system of sewage management
Note

42. Meaning of “operate a system of sewage management”
43. Matters to be taken into consideration in determining applications for approval to operate system of sewage management

Subdivision 7 - Operation of system of sewage management

44. Performance standards for operation of system of sewage management
45. Further condition of approval in relation to operation of system of sewage management
46. Approval to operate system of sewage management extends to concurrent owners and occupiers
47. Temporary exemption for purchaser of land

Subdivision 8 - Exemptions

48. Activities for which approval is not required

Division 5 - Approvals relating to activities on community land and public roads and other activities

Subdivision 1 - Community land

49. Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances

Subdivision 2 - Public roads

50. Matters for consideration by council in determining whether to approve applications relating to public roads
51. Compliance with standards-approvals relating to public roads

Subdivision 3 - Public car parks

52. Matters to accompany applications relating to the operation of a public car park
53. Matters to be taken into consideration by council in determining whether to approve the operation of a public car park
54. Standards to be met for approval
55. Compliance with standards
56. Number of vehicles
57. Entries, exits and driveways
58. Surfaces
59. Fencing
60. Lighting
61. Vehicles
62. Fire extinguishers
63. Speed limit
64. Obstruction of roads
65. Concurrence required for operation of public car park
66. Approval for operation of public car park not required in certain circumstances

Subdivision 4 - Domestic oil or solid fuel heating appliances

67. Standards to be met for approval
68. Compliance with standards
69. Adoption of Building Code of Australia
70. Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances

Subdivision 5 - Amusement devices

71. Activities for which approval is not required
72. Standards to be met for approval
73. Compliance with standards
74. Insurance
75. Approval for installation or operation of small amusement devices not required in certain circumstances

Subdivision 6 - Domestic greywater diversion

75A. Approval required for domestic greywater diversion

Division 6 - Miscellaneous

76. Form of application for accreditation of components, processes, designs or temporary structures
77. Public notice of draft local approvals policies
78. Public notice of approval
79. Matters to be submitted to council
80. Application may be made for approval for exempted activity
81. Local approvals policies-standards

PART 3 - ORDERS
Note

Division 1 - Orders requiring or prohibiting the doing of things to or on premises

82. Relevant standards for camping grounds, caravan parks, manufactured home estates and moveable dwellings
83. Relevant standards for places of shared accommodation
84. Relevant standards for hairdressers shops
85. Relevant standards for beauty salons
86. Relevant standards for mortuaries
87. Water supply and sewerage system pipes, fittings and fixtures
88. Rectification of defective water supply or sewerage work
89. Flow of surface water across land

Division 2 - Orders requiring that premises be used or not used in specified ways

90. Septic tank or closet
91. Keeping of birds or animals
92. Relevant standards for keeping of birds or animals

Division 3 - Orders requiring the preservation of healthy conditions

93. Water carting vehicles
94. Disposal of certain waste
95. Connection of premises to council’s water supply
96. Connection of premises to a sewerage system

Division 4 - Miscellaneous

97. Copies of certain Orders to be provided to the EPA
98. Standards for water supply, sewerage or stormwater drainage work
99. Information to be included in Orders
100. Public notice of local orders policy

PART 4 - COMMUNITY LAND

Division 1 - Guidelines for the categorisation of community land

101. Application of this Division
102. Guidelines for categorisation of land as a natural area
103. Guidelines for categorisation of land as a sportsground
104. Guidelines for categorisation of land as a park
105. Guidelines for categorisation of land as an area of cultural significance
106. Guidelines for categorisation of land as general community use
107. Guidelines for categorisation of land as bushland
108. Guidelines for categorisation of land as wetland
109. Guidelines for categorisation of land as an escarpment
110. Guidelines for categorisation of land as a watercourse
111. Guidelines for categorisation of land as foreshore

Division 2 - Preparation and adoption of draft plans of management for community land

112. Consultation concerning categorisation of land as an area of cultural significance
113. Preparation of draft plan of management where land is categorised in more than one category
114. Adoption of draft plan of management in relation to which certain submissions have been made
115. Application of amendments made by Local Government Amendment Act 2000 to draft plans of management

Division 3 - Other matters

116. Leases, licences and other estates in respect of community land
117. Exemptions from section 47A of the Act (Leases, licences and other estates in respect of community land-terms of 5 years or less)
118. Additional notifications in relation to certain filming projects
119. Sublease of community land

PART 5 - RATES AND CHARGES

Division 1 - Preliminary

120. Application of Part

Division 2 - Levying of rates and charges

120A. Rating of irrigable land the subject of certain post-1.7.05 supplementary valuations
120B. Matters to which council may have regard in sub-categorising irrigable land
120C. Transitional nature of clauses 120A and 120B
121. Land used for caravan park or manufactured home not to be categorised as residential (section 516 (2))
122. Land used for retirement village, serviced apartments or time-shares to be categorised as residential (section 516 (2))
123. Homebush Bay area exempt from rates (section 556)
124. Museum of Contemporary Art exempt from rates (section 556)
125. Services for which an annual charge may be imposed (section 501)
125A. Annual charges for stormwater management services
125AA. Maximum annual charge for stormwater management services
126. Minimum amounts of rates
127. Rates and charges notices
128. Information relating to rates and charges

Division 3 - Payment of rates and charges

129. Request for transfer of land in payment of rates, charges or accrued interest
130. Additional circumstances in which rates or charges may be written off (section 607)
131. Procedures for writing off rates and charges
132. Details of written off rates and charges to be included in annual report
133. Sale of land to recover overdue rates or charges

Division 4 - Pensioners

134. Eligible pensioners for the purposes of determining pensioner concessions-prescribed classes
135. Application for eligible pensioners concession
136. Abandonment of pensioners rates and charges-prescribed persons

PART 6 - WATER SERVICES

Division 1 - General provisions

137. Water supply may be restricted if there is a shortage of supply
138. Works for which approval is required under section 60 of the Act
139. Erection of notices to indicate catchment districts
140. Flood retarding basins

Division 2 - Functions of councils

141. Works constructed to serve 2 or more council areas
142. Fire hydrants
143. Inspection of pipes and drains and measurement of water and sewage
144. Cutting off or restricting water supply
145. New sewer or stormwater drain to be constructed if it is less costly than a connection to an existing sewer or stormwater drain
146. Connections to council’s sewerage system
147. Water not to be supplied through water supply work until inspected and certified
148. Council to prepare map of water supply, sewerage and stormwater drainage works
149. Plans of connections to sewerage or stormwater drainage systems
150. Inspection of drainage diagrams

Division 3 - General requirements relating to water supply, sewerage and stormwater drainage

151. Water supply, sewerage and stormwater drainage work to comply with applicable standards and requirements
152. Premises to be connected to water supply by an independent house service pipe
153. Laying of house service pipes
154. Privately owned water meters to be of a size and class approved by the council
155. Security of water meters
156. Water meter not to be used to measure the water supplied to more than one premises except in certain cases
157. Hire of meters
158. Testing of meters
159. Prevention of waste and misuse of water
160. Misuse of water
161. Particular provisions for unmetered premises
162. Joint sewerage services prohibited

PART 7 - TENDERING

Division 1 - Preliminary

163. Application of Part
164. Definitions
165. Requirements for contracts to which this Part applies

Division 2 - Prerequisites for tendering

166. Council to decide whether tenders are to be by open tendering or selective tendering
167. Open tendering
168. Selective tendering method by which invitations to tender for proposed contract are made following public advertisement asking for expressions of interest
169. Selective tendering method by which recognised contractors listed by council are invited to tender for particular kinds of proposed contracts
170. Tender documents
171. Shortened tender period
172. Extended tender period

Division 3 - Submission and opening of tenders

173. Submission of tenders
174. Custody of tenders after receipt
175. Opening of tenders
176. Tenders may be varied in certain circumstances

Division 4 - Determination of successful tenderer

177. Consideration of tenders
178. Acceptance of tenders
179. Notification of acceptance of successful tender

PART 8 - HONESTY AND DISCLOSURE OF INTERESTS

Division 1 - Preliminary

180. Definitions
181. Return dates and periods
182. Matters relating to the interests that must be included in returns

Division 2 - Pecuniary interests to be disclosed in returns

183. Real property
184. Gifts
185. Contributions to travel
186. Interests and positions in corporations
187. Positions in trade unions and professional or business associations
188. Dispositions of real property
189. Sources of income
190. Debts
191. Discretionary disclosures

Division 3 - Form of return

192. Form of return

Division 4 - Conduct generally

193. Code of conduct
194. Acts of disorder

Division 5 - Appeals against suspension

195. Making of appeal

PART 9 - MANAGEMENT AND ACCOUNTABILITY

Division 1 - Preliminary

196. Definitions

Division 2 - Draft management plans

197. Guidelines
198. Additional matters to be included in draft management plans
199. Draft management plan-activities relating to ecologically sustainable development
200. Additional matters to be included in draft management plans-implementation of access and equity activities
200A. Additional matters to be included in draft management plans-stormwater management services

Division 3 - Management plans and budgeting by councils

201. Requirements as to estimates of income and expenditure
202. Responsible accounting officer to maintain system for budgetary control
203. Budget review statements and revision of estimates

Division 4 - Councils’ funds

204. Council to establish and maintain accounts with authorised deposit-taking institutions
205. Withdrawal of certain money

Division 5 - Accounting records and accounting practices

206. Accounting records and accounting practices to accord with the Code
207. Responsibility for accounting records
208. Production of accounting records
209. Particular responsibilities of the general manager
210. Council to rectify defects in internal control systems
211. Authorisation of expenditure
212. Reports on council investments
213. Restrictions on writing off debts to a council

Division 6 - Annual financial reports

214. Additional requirements for preparation of a council’s financial reports
215. Statement by a council on its annual financial reports
216. Council’s annual financial reports to be amended in certain cases

Division 7 - Annual reports

Subdivision 1 - Additional information-general

217. Additional information for inclusion in annual report

Subdivision 2 - State of the environment reports

218. Meaning of “environmental indicator”
219. Requirements for state of the environment reports
220. Preparation of all state of the environment reports
221. Preparation of comprehensive state of the environment reports
222. Content of comprehensive state of the environment reports
223. Content of supplementary state of the environment reports
224. Frequency of comprehensive and supplementary reports
225. Report may contain information relating to region
226. Comprehensive report taken to include supplementary report

Division 8 - Miscellaneous

227. Matters to be taken into consideration by auditor
228. Half-yearly inspection of council’s accounting records
229. Loans to council to be charge on the council’s income
230. General manager to notify borrowings to Director-General

PART 10 - MEETINGS

Division 1 - Preliminary

231. Definitions

Division 2 - Convening of, and attendance at, council meetings

232. Notice of meetings
233. What happens when a quorum is not present
234. Minister to convene meetings in certain cases
235. Presence at council meetings
235A. Leave of absence

Division 3 - Procedure for the conduct of council meetings

236. Councillor to be elected to preside at certain meetings
237. Chairperson to have precedence
238. Chairperson’s duty with respect to motions
239. Order of business
240. Agenda and business papers for council meetings
241. Giving notice of business
242. Agenda for extraordinary meetings
243. Official minutes
244. Report of a Departmental representative to be tabled at council meeting
245. Notice of motion-absence of mover
246. Motions to be seconded
247. How subsequent amendments may be moved
248. Motions of dissent
249. Questions may be put to councillors and council employees
250. Limitation as to number of speeches
251. Voting at council meetings
252. Representations by members of the public-closure of part of meeting
253. Resolutions passed at closed meetings to be made public
254. Matters to be included in minutes of council meeting

Division 4 - Keeping order at meetings

255. Questions of order
256. Acts of disorder
257. How disorder at a meeting may be dealt with
258. Power to remove persons from meeting after expulsion

Division 5 - Council committees

259. Committee of the whole
260. Council may establish committees
261. Functions of committees
262. Notice of committee meetings to be given
263. Non-members entitled to attend committee meetings
264. Representations by members of the public-closure of part of meeting
265. Procedure in committees
266. Committees to keep minutes
267. Chairperson and deputy chairperson of committees
268. Absence from committee meetings
269. Reports of committees
270. Disorder in committee meetings
271. Certain persons may be expelled from council committee meetings

Division 6 - Miscellaneous

272. Inspection of the minutes of a council or committee
273. Tape recording of meeting of council or committee prohibited without permission

PART 11 - ELECTIONS

Division 1 - Preliminary

274. Application of Part and associated Schedules
275. Definitions

Division 2 - Administration

276. Election official cannot be candidate
277. Notice of changes to wards
277A. Effect of changes to wards on approaching elections
277B. Advertising by Electoral Commission

Division 3 - Electoral rolls

278. Closing date
279. Form of roll of electors
280. Advertising of enrolments
281. Enrolment claims and objections
282. Competing claimants for enrolment
283. Supply of forms
284. Request for omission of place of living from roll (non-resident electors)
284A. Provision of enrolment information to candidates
284B. Use of enrolment information-application of section 31E of Parliamentary Electorates and Elections Act 1912
284C. Prohibition of disclosure or commercial use of enrolment information-application of section 31F of Parliamentary Electorates and Elections Act 1912

Division 4 - Notice of election and nominations

285. Notification of vacancy
286. Nomination day
287. Place of nomination
288. Notice of election and call for nomination proposals
289. Nomination proposals
290. Candidate information sheets
291. Withdrawal of nomination proposals
292. Multiple nomination proposals
293. Refund of deposit
294. Inspection of names of persons proposed for nomination
295. Returning officer to nominate candidates
296. Declaration of uncontested election

Division 5 - Polling places

297. Polling places
298. Pre-poll voting offices

Division 6 - Preparation for poll

299. Poll
300. Notice of contested election
301. Claims for grouping of candidates
302. Order of ungrouped candidates and groups on ballot-papers
303. Determining the order of ungrouped candidates on ballot-papers
304. Determining the order of groups of candidates on ballot-papers
305. Form of ballot-papers
306-308. (Repealed)
309. Supply of rolls and ballot-papers
310. Return of numbers of ballot-papers before poll
311. Ballot-paper to be initialled
312. Ballot-paper may be photocopied, written or otherwise reproduced

Division 7 - Postal and other special types of voting

Subdivision 1 - Postal voting

313. Postal voting: qualifications
314. Postal voting: application
315. Registration of general postal voters
316. Electors entitled to postal vote
317. Issue of postal ballot-paper
318. Postal voting procedure
319. Closing time for postal vote
320. Receipt of postal ballot-papers

Subdivision 2 - Pre-poll voting at pre-poll voting offices

321. Pre-poll voting qualifications
322. (Repealed)
323. Pre-poll voting procedure
324. Pre-poll ballot-box to be delivered or sent to returning officer
325. Surrender of postal ballot-papers
326. Pre-poll voting offices and times

Subdivision 3 - Declared institution voting

327. Declared institutions
328. Taking of poll at declared institutions
329. Entitlement to vote at declared institutions
330. Procedure for voting at declared institutions
331. Declared institutions ballot-box to be delivered or sent to returning officer

Subdivision 4 - Mobile booths

332. Mobile booths in convalescent homes, hospitals or similar institutions
332A. Mobile booths for pre-poll voting in remote local government areas

Subdivision 5 - Miscellaneous

333. Assistance of officers

Division 8 - Voting on election day

334. (Repealed)
335. Polling place-arrangements
336. Hours of voting
337. Scrutineers
338. Where electors may vote
339. Questions put to elector
340. Voting by elector with confidential address
341. Delivery of ballot-paper to elector
342. Voting
343. Elector whose name is not on roll (section 305 votes)
344. Voting if name already marked on roll

Division 9 - Scrutiny and counting

345. Informal ballot-papers
346. Persons present at scrutiny and count
347. (Repealed)
348. Initial scrutiny of ballot-papers and counting of votes
349. Sending ballot-papers to returning officer
350. Checking of ballot-papers in sealed envelopes
351. Finalising the count
352. Double candidature: candidate elected as mayor
353. Recount
354. Who pays for the recount?
355. Result of recount
356. Declaring the election

Division 9A - Provisions relating to activities during regulated periods

Subdivision 1 - Preliminary

356A. Interpretation

Subdivision 2 - Non-complying electoral material

356B. Non-complying electoral material
356C. Non-complying electoral material-additional provisions regarding how-to-vote cards

Subdivision 3 - Offences applicable during regulated period

356D. Printing, publishing and distributing non-complying electoral material
356E. Display of posters
356F. Writing, drawing or depicting electoral matter
356G. Name and address on electoral material
356H. Encouraging ticks or crosses on ballot-papers
356I. Defences and exceptions

Subdivision 4 - Additional offences applicable on pre-poll voting days

356J. Display of posters on pre-poll voting days
356K. Canvassing on pre-poll voting days

Subdivision 5 - Additional offences applicable on election days

356L. Extended operation of this Subdivision
356M. Distribution of electoral material on election days
356N. Display of posters on election days
356O. Canvassing on election days

Subdivision 6 - Registration of electoral material

356P. Application for registration of electoral material
356Q. Consideration of application for registration
356R. Registration of electoral material
356S. Revocation of registration or imposition of condition on registration

Subdivision 7 - Miscellaneous

356T. Confiscation of posters and other electoral material
356U. Notice applying provisions to grounds of polling place
356V. Official notices
356W. Double jeopardy

Division 10 - Offences

357. Penalty notices
358. Misconduct in voting
359. False statements in forms
360. Misconduct by witness to postal vote
361. Misconduct in relation to postal voting
362. Misconduct by person present at pre-poll or declared institution voting
363. Other misconduct in relation to postal, pre-poll or declared institution voting
364. Breach of secrecy
365. Obstruction of election officials
366. False answers to questions put by election officials
367. Obstructing access
368. Persons present in polling place
369. Misconduct by scrutineers
370. Misconduct at polling place or pre-poll voting office
371. Improperly signing or witnessing electoral papers
372. Forging or uttering electoral papers
373. Stuffing ballot-boxes
374. Opening sealed parcels
375. Bribery
376. Treating
377. Intimidation
378-382. (Repealed)

Division 11 - Miscellaneous

383. Adjournment of poll
384. Notice of adjournment to Electoral Commission
385. Votes at adjourned poll
386. Postponed and adjourned elections
387. Spoilt ballot-papers
388. Assistance to certain electors
388A. Special format of ballot-papers
389. Signature to electoral paper
390. Check on double-voting
391. Security of election materials
392. Access to election materials
392A. Section 305 votes-prescribed form of declaration
393. (Repealed)

Division 12 - Mayors, county councils and referendums

394. Election of mayors by councillors
395. Election of chairpersons of county councils
396. Election of members of county councils
397. Constitutional referendums and council polls

PART 12 - PENALTY NOTICES

398. Offences in respect of which penalty notices may be served
399. Penalties for offences

PART 13 - MISCELLANEOUS

Division 1 - Council seal

400. Council seal

Division 2 - Compulsory acquisition of land for resale (section 188)

401. Meaning of “diligent inquiry”

Division 3 - Surveys and polls relating to council amalgamations or boundary changes (section 218F)

402. List of electors

Division 4 - Payments to councillors (sections 252 and 254A)

403. Payment of expenses and provision of facilities
404. Circumstances in which councillors’ annual fees may be reduced or not paid

Division 5 - Council staffing matters

405. Exemption from Ministerial approval for certain termination payments to senior staff
406. Determinations relating to staff entitlements during proposal period not requiring Ministerial approval
406A. Transfer of accrued leave entitlements

Division 6 - Winding up of Cudgegong (Abattoir) County Council (section 400AA)

407. Modification of Parts 5.5-5.9 of the Corporations Act 2001 of the Commonwealth concerning winding up of Cudgegong (Abattoir) County Council

Division 7 - Certain exclusions

408. Arrangements excluded from provisions relating to public-private partnerships
409. Transitional arrangement relating to public-private partnership proposals originating after 28 June 2002
410. Entities excluded from restrictions under section 358 of the Act as to formation

Division 8 - Bathing control notices (section 633)

411. Bathing control notices

Division 9 - Disclosure and misuse of information

412. Prescribed circumstances

Division 10 - Application of certain penalties

413. Parking and related offences for purposes of section 694

Division 11 - Functions of general manager

413A. Functions of general manager (section 335)

PART 14 - SAVINGS AND TRANSITIONAL PROVISIONS

414. General saving
415. Inspectors
416. Pending and current elections
417. Determinations by councils of councillor numbers for the purposes of September 2008 elections
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Schedule 6 (Repealed)
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12

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