LOCAL GOVERNMENT (GENERAL) REGULATION 2005
- Made under the Local Government Act 1993
- As at 1 September 2021
- 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Division 2 - (Repealed)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 for stormwater drainage work to be subject to a condition requiring compliance with standards and requirements
16A Approvals for water supply or sewerage work subject to compliance with Plumbing and Drainage Act 2011 , 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 certain 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 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
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 Land exempt from rates (section 556)
124. (Repealed)
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 (section 510A)
126 Minimum amounts of rate
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 5A - ENVIRONMENTAL UPGRADE AGREEMENTS
136A What are environmental upgrade works?
136B Delegation of power to impose charge
136C Form of charge
136D Curing of irregularities
136E Levying of charge on strata buildings
136F Payment of environmental upgrade charges by lessees
136G Payment of environmental upgrade charges by instalment
136H Accrual of interest on overdue charges
136I Application of payments
136J Certificate issued by Council as to environmental upgrade charges
136K Sale of land to pay charge
136L Modification of Retail Leases Act 1994
136M Mandatory requirements of guidelines
PART 6 - WATER SERVICES
Division 1 - General provisions
137 Water supply may be restricted if there is a shortage of supply
137A Substances prohibited from being discharged into public sewers
138 Works for which approval is required under section 60 of the Act
139 Erection of notices to indicate catchment districts
140. (Repealed)
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
170A Prescribed expenditure to assist councils with bush fire-related response and recovery
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 - CONDUCT
180 Content of model code of conduct
181 Model procedure for administering the model code of conduct
182 Acts of disorder
PART 8A - INDUCTION TRAINING AND PROFESSIONAL DEVELOPMENT FOR COUNCILLORS
183 Induction training courses for councillors
184 Supplementary induction training courses for mayors
185 Ongoing professional development program for councillors and mayors
186 Information about induction training and ongoing professional development to be included in annual report
187-195A. (Repealed)
PART 9 - MANAGEMENT AND ACCOUNTABILITY
Division 1 - Preliminary
Division 1A - Strategic planning
196A Integrated planning and reporting guidelines--the Act, s 406
Division 2 - (Repealed)
None
Division 3 - Budgeting by councils
201. (Repealed)
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 - (Repealed)
None
Division 8 - County councils
218 Application of planning and reporting provisions to county councils
219 Business activity strategic plan of county council
220-226. (Repealed)
Division 9 - 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
231. (Repealed)
PART 10 - MEETINGS
232 Model code of meeting practice
233 Expulsion for acts of disorder
234 Minister to convene meetings in certain cases
235 Report of Secretary to be tabled at council meeting
236 Councils to broadcast meetings online
237 Exemption from requirement of code of meeting conduct--the Act, Schedule 6, clause 1
235A-273. (Repealed)
PART 11 - ELECTIONS
Division 1 - Preliminary
274 Application of Part and associated Schedules
275 Definitions
275A Functions of election manager
Division 2 - Administration
276 Election official cannot be candidate
276A Election official to be on electoral roll
277 Notice of changes to wards
277A Effect of changes to wards on approaching elections
277B Advertising by election manager
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 51 of Electoral Act 2017
284C Prohibition of disclosure or commercial use of enrolment information--application of section 52 of Electoral Act 2017
Division 4 - Notice of election and nominations
285 Notification of vacancy
286 Nomination day
287. (Repealed)
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 for attendance elections
296A Application of Division
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 Ballot for determining the order of ungrouped candidates on ballot-papers
304 Ballot for determining the order of groups of candidates on ballot-papers
305 Form of ballot-papers
306, 307. (Repealed)
Division 6A - Further preparation for attendance elections
308 Application of Division
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 - Special voting at attendance elections
Subdivision 1AA - Application of Division
312A Application of Division
Subdivision 1 - Postal voting
313 Postal voting: qualifications
314 Applications for postal voting
315 Registration of registered early voters (postal)
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 1A - Provisional voting
320A Person already marked off roll
320B Person omitted from roll
320C Person enrolling for first time, re-enrolling or transferring enrolment
320D Person enrolled after closing date
320E Procedure for provisional voting
320F Provisional voting at pre-poll voting offices and declared institutions
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 polling places in hospital, nursing home, retirement village or similar facilities
332A Mobile booths for pre-poll voting in remote local government areas
Subdivision 5 - Miscellaneous
333 Assistance of officers
Division 7A - Technology assisted voting
333A Application of Division
333B Definitions
333C Meaning of "eligible elector"
333D Application to vote by means of technology assisted voting
333E Electoral Commissioner to determine applications
333F Electoral Commissioner to approve procedures for technology assisted voting
333G Independent auditing of technology assisted voting
333H Independent monitoring of technology assisted voting
333I Scrutineers
333J Secrecy relating to technology assisted voting
333K Protection of computer hardware and software
333L Electoral Commissioner may determine that technology assisted voting is not to be used
Division 8 - Ordinary voting at attendance elections
334 Application of Division
335 Polling place--arrangements
335A Polling place--arrangements for COVID-19 pandemic
336 Hours of voting
337 Scrutineers
337A Special provisions about scrutineers for COVID-19 pandemic
338 Where electors may vote
339 Questions put to elector
340. (Repealed)
341 Delivery of ballot-paper to elector
342 Voting
343. (Repealed)
Division 8A - Voting at postal elections
344 Application of Division
344A Scrutineers
344B Issue of postal ballot-paper
344C Postal voting procedure
344D Closing time for postal vote
344E Receipt of postal ballot-papers
344F Request to redirect postal ballot-paper and envelope
344G Request for replacement voting materials
Division 9 - Scrutiny and counting
345 Informal ballot-papers
345A Appointment of ballot counting place
346 Persons present at scrutiny and count
347 Preliminary scrutiny of postal voting envelopes
348 Directions in relation to ballot counting places
348A Initial scrutiny of ballot-papers and counting of votes
348B Ballot-papers placed in incorrect ballot-box
349 Polling place managers to send ballot-papers to returning officer
350 Checking and counting of ballot-papers in sealed envelopes
351 Finalising the count--attendance elections
351A Finalising the count--postal elections
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
356GA Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
356GB Publication of paid electoral advertisements on the internet
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
356KA Interference with posters
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
356NA Interference with posters
356O Canvassing on election days
Subdivision 6 - Registration of electoral material
356OA Definition
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
356SA Maintenance of order at and near polling places
356T Confiscation of posters and other electoral material
356TA Posters--arrangements for COVID-19 pandemic
356TB Handing out electoral materials--arrangements for COVID-19 pandemic
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 Electoral bribery, treating and selling of votes
376. (Repealed)
377 Interference with right to vote
378-382. (Repealed)
Division 11 - Miscellaneous
383 Suspension of voting
383A Adjournment of voting
384 Postponement of last day of voting of postal election
385. (Repealed)
386 Postponed and adjourned elections
387 Spoilt ballot-papers at attendance elections
388 Assistance to certain electors
388A Special format of ballot-papers
389 Signatures and marks on electoral papers and ballot-papers
390. (Repealed)
391 Security of election materials
391A Provisional voting envelopes
391B-392A. (Repealed)
393 Election information
393A General manager to report on election
393AA Electoral Commissioner to report on election
393B Exercise of council functions during caretaker period
393C Countback elections
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 11A - JOINT ORGANISATIONS
397A Application of this Regulation to joint organisations
397B Charters of joint organisations
397C Meetings of joint organisations
397D Election of chairperson
397E Tied votes
397F Alternates for voting representatives on board
397G Transaction of business by telephone etc
397H Statement of strategic regional priorities
397I Annual statement of revenue policy
397J Annual performance statements
397K Delegation of functions
397L Financial contributions by member councils
397M Payment of expenses and provision of facilities
397N First financial reports and other financial matters
397O Application of merit appointment provisions
397P Transfer of staff
397Q Acquisition of land excluded
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
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
406B Long service leave entitlements
406C Entitlements of senior staff on transfer following amalgamation or boundary alteration
406D Entitlements of senior staff not transferred on boundary alterations
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
Division 13 - Standards of coastal protection services
413C Standards of coastal protection services
Division 14 - Performance management criteria and suspension criteria
413D Performance improvement criteria: section 438B
413DA Temporary adviser criteria: section 438G
413DB Financial controller criteria: section 438HB
413E Suspension criteria: section 438J
Division 15 - (Repealed)
None
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
418 Administration of elections, polls and referendums by Electoral Commissioner
419 Modification of auditor transitional provisions
420 Adoption of policy concerning payment of expenses in relation to carer responsibilities
421-423. (Repealed)
http://www.austlii.edu.au/au/legis/nsw/repealed_reg/lgr2005328/