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This is a Bill, not an Act. For current law, see the Acts databases.

LOCAL GOVERNMENT (CONSEQUENTIAL AMENDMENTS) BILL 2008

Serial 5
Local Government (Consequential Amendments) Bill 2008
Mr Knight







A Bill for an Act to make amendments of a transitional or consequential nature to various Acts and subordinate legislation following the passage of the Local Government Act
















NORTHERN TERRITORY OF AUSTRALIA

local Government (CONSEQUENTIAL AMENDMENTS) ACT 2008

____________________

Act No. [ ] of 2008

____________________


TABLE OF PROVISIONS




NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2008

____________________

An Act to make amendments of a transitional or consequential nature to various Acts and subordinate legislation following the passage of the Local Government Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
Short title

This Act may be cited as the Local Government (Consequential Amendments) Act 2008.

Commencement

This Act is taken to have commenced on 1 July 2008.

Amendment of other Acts

Schedule 1 amends the Acts mentioned in it.

Amendment of subordinate legislation

Schedule 2 amends the subordinate legislation mentioned in it.

Part 2 Amendment of Local Government Act
Act amended

This Part amends the Local Government Act.

New sections 270 to 272

After section 269

insert

270 Preservation of local government functions of Nhulunbuy Corporation Limited

(1) Subject to this section:

(a) the Nhulunbuy Corporation Limited continues to have the same local government functions as it had under the former Act immediately before the date of transition; and

(b) the Nhulunbuy (Animal Control) By-laws continue in force (subject to amendment or revocation under this Act) as
by-laws under this Act; and

(c) this Act applies to the Nhulunbuy Corporation Limited, in relation to its exercise of local government functions as if it were a shire council constituted under this Act.

(2) The Minister may, by Gazette notice:

(a) withdraw local government functions from, or add to or modify the local government functions of, the Nhulunbuy Corporation Limited; or

(b) modify the operation of this Act in its application to the Nhulunbuy Corporation Limited.

271 Special provision permitting certain councils to establish policy of allowing Chair of council meeting to exercise casting vote

If:

(a) there is to be no general election for a council in 2008; and

(b) the council wants the Chair of council meetings to be allowed to exercise a casting vote;

then, despite section 61(7)(a), the council may, by resolution passed at a meeting held before the end of the 2008 calendar year establish a policy to that effect.

272 Continuation of Local Government (Darwin Parking Local Rates) Regulations

The Local Government (Darwin Parking Local Rates) Regulations continue in operation (subject to the amendments made by the Local Government (Consequential Amendments) Act 2008 and subsequent amendment or revocation by later regulations) as regulations under this Act.

Part 3 Amendment of Darwin Waterfront Corporation Act
Act amended

This Part amends the Darwin Waterfront Corporation Act.

Amendment of section 3 (Definitions)

(1) Section 3, definition municipal council

omit

(2) Section 3

insert (in alphabetical order)

council means a council constituted under the Local Government Act.

Amendment of section 15 (Rates for municipal council services)

Section 15(5)

omit

section 58 of

Amendment of section 19 (By-laws)

Section 19(2)

omit

municipal

Part 4 Amendment of Kava Management Act
Act Amended

This Part amends the Kava Management Act.

Amendment of section 3 (Interpretation)

(1) Section 3(1), definitions council area, incorporated association and local government council

omit

(2) Section 3(1)

insert (in alphabetical order)

council area means an area for which a council is constituted under the Local Government Act.

incorporated association means an Aboriginal corporation as defined in section 3 of the Aboriginal Councils and Associations Act 1976 (Cth).

local government council means a council constituted under the Local Government Act.

Amendment of section 53 (Definitions)

(1) Section 53, definition community government council

omit

(2) Section 53

insert (in alphabetical order)

shire council means a council constituted as a shire council under the Local Government Act.

Amendment of section 54 (Application for declaration of licence area)

Section 54(1A)

omit

community government

substitute

shire

Amendment of section 58D (Amendment or replacement of kava management plan)

Section 58D(1)

omit

community government

substitute

shire

Part 5 Amendment of Land Title Act
Act amended

This Part amends the Land Title Act.

Amendment of section 4 (Definitions)

Section 4, definition local government body, paragraph (a)

omit

municipal council or community government

Amendment of section 35 (Notices of statutory restrictions)

Section 35(3)

omit, substitute

(3) If, immediately before the commencement of this subsection, a restriction consisted of the right of the Crown to revoke the reservation on land held by a council on lease under legislation then in force, the right (and hence the restriction) continues in force as if the relevant legislation had continued in force.

Part 6 Amendment of Water Act
Act amended

This Part amends the Water Act.

Amendment of section 4 (Interpretation)

Section 4(1), definition public authority, paragraph (b)

omit, substitute

(b) a council constituted under the Local Government Act.

Repeal and substitution of section 8

Section 8

repeal, substitute

8 Exercise of certain functions by statutory authorities

(1) A local government council or a prescribed statutory authority or body must not exercise functions relevant to the purposes of this Act except in accordance with this Act or as authorised by a delegation under this Act or a direction given by the Minister or the Controller.

(2) The Minister or the Controller may give written directions to a local government council or a prescribed statutory authority or body in regard to the exercise of functions to which subsection (1) applies.

Part 7 Expiry of Act
Expiry

This Act expires on the day after it commences.




Schedule 1 Amendment of Acts

section

Provision
Amendment

omit
substitute
Associations Act

section 4, definition community government council
whole definition
council means a council constituted under the Local Government Act.
section 4, definition gross receipts
a municipal council or a community government council
or a council
section 4, definition municipal council
whole definition
section 54(1)(b)
municipal council or community government
Care and Protection of Children Act

section 13, definition local government council
municipal council or community government
Commercial Passenger (Road) Transport Act

section 3(1), definition road
, but construed as if a reference to a municipality were a reference to the Territory

Construction Industry Long Service Leave and Benefits Act

section 6, definition local government council
municipal council or community government
Control of Roads Act

section 5(1), definitions community government council and municipality
whole definition
section 5(2)
whole subsection
(2) In Parts III and IV, road does not include a road that is under the care, control and management of a council under the Local Government Act.
section 7
Division 4 of Part 6
Part 12.3
Crown Lands Act

section 3, definitions local government council and local government area
whole definition
local government area means an area for which a council is constituted under the Local Government Act.

local government council means a council constituted under the Local Government Act.
Disability Services Act

section 2(1), definition organisation, paragraph (b)
whole paragraph
(b) a council constituted under the Local Government Act;

Disasters Act

section 37(2)
municipality
(all references)
local government area
Electoral Act

section 140(2)(g)(ii)
municipalities, community
local
Encroachment of Buildings Act

section 3, definition local authority
municipal council or community government
Energy Pipelines Act

section 3(1), definition council
the council of a municipality or community government area
a council
Evidence Act

section 64(b)
the area controlled by any municipal or community government council or other local governing body
an area subject to local government
Firearms Act

section 78(1), definitions community government area and municipality
whole definition
local government area means an area for which a council is constituted under the Local Government Act.
section 78(2) and (3)
, municipality or community
or local
Heritage Conservation Act

section 40(2)(c)
whole paragraph
(c) a local government council;
section 40(2)
, municipal or community government
or
Information Act

section 4, definition local authority
whole definition
local authority means a council constituted under the Local Government Act.
Interpretation Act

section 63(2)(a)
as defined in
constituted under the
Lands Acquisition Act

Schedule 2, clause 8(a)(ii)
municipal council or community government council within the meaning of
council constituted under

Legal Profession Act

section 467(7), definition council
whole definition
council means a council constituted under the Local Government Act.
Liquor Act

section 4(1), definitions community government area, community government council and council
whole definition
section 4(1), definition council area
whole definition
council area means the area for which a council is constituted under the Local Government Act.
section 4(1), definition local government council
or community government council
constituted under the Local Government Act
section 27(3)
whole subsection
(3) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made.
section 32A(5)
whole subsection
(5) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made.
section 46A(4)
whole subsection
(4) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made.
section 77(2)(d) and (e)
whole paragraph
(d) if the relevant area forms the whole or part of a council area – the clerk of the council;
section 79(1)(d) and (e)
whole paragraph
(d) if the relevant area forms the whole or part of a council area – ascertain the advice of the council regarding the application.
section 119(5)
whole subsection
(5) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made.
Litter Act

section 3, definition municipality
whole definition
municipality means a local government area and includes a shire.
section 11A, heading
where section 220 of Local Government Act applies
Local Government Grants Commission Act

section 3, definition community government council
whole definition
section 3, definition local governing body
municipal council, a community government council
council constituted under the Local Government Act
section 5(2)(b) and (3)
community government
shire
Northern Territory Treasury Corporation Act

section 3, definition local government council
whole definition
local government council means a council constituted under the Local Government Act.
Ombudsman (Northern Territory) Act

section 3(1), definition local government council
the council of a municipality or community government area
a council

Pastoral Land Act

section 131(1)
municipality or community
local
Pay-roll Tax Act

section 3(1), definition local governing body, paragraph (a)
whole paragraph
(a) a council or a local government subsidiary constituted under the Local Government Act; or
Place Names Act

section 4, definitions council, council area and municipality
whole definition
council means a council constituted under the Local Government Act.

council area means an area for which a council is constituted under the Local Government Act.
section 4A(2)(b)
of a municipality
Planning Act

section 3(1), definition consolidation, paragraph (d)
section 133
section 187(3)
section 3(1), definition council area
whole definition
council area means an area for which a council is constituted under the Local Government Act.
section 3(1), definition local authority
whole definition
local authority means a council constituted under the Local Government Act.
section 3(1), definition member of a local authority and town
whole definition
section 5(2)(a)(iii)
section 133

section 187(3)
section 72(a)(ii)
a trust account
an authorised deposit account
section 72(b)
trust
section 73(2)(b)(ii)
penalty
Pounds Act

section 3, definitions local area and local authority
whole definition
local area means an area for which a council is constituted under the Local Government Act.

local authority means a council constituted under the Local Government Act.
Public Employment (Mobility) Act

section 3(1), definition municipal authority
municipal council or community government
Real Property (Unit Titles) Act

sections 9(h), 9F(g), 9G(b), 9H(b) and 15
(within the meaning of the Local Government Act)
Soil Conservation and Land Utilisation Act

section 20A, definition proper authority, paragraph (b)
whole paragraph
(b) in the case of land vested in a local government council – the council; or
Stamp Duty Act

Schedule 2, item 4(d)
whole item

Swimming Pool Safety Act

section 4(1), definition council area
whole definition
council area means the area for which a council is constituted under the Local Government Act.
Unit Titles Act

section 21E(2)(b)(i)
whole subparagraph
(i) in the case of a parcel within a council area – to the council; and
section 53(1A)(c) and (3)(b)
municipal or community government
Volatile Substance Abuse Prevention Act



section 42(1), definitions community council and incorporated association
whole definition
community council means:

(a) a shire council constituted under the Local Government Act; or

(b) an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976 (Cth).



Schedule 2 Amendment of subordinate legislation

section

Provision
Amendment

omit
substitute
Alice Springs (Animal Control) By-laws

by-law 40(2)
section 86(2)(a)
section 115
by-law 54(2)(b)(i)
section 194(4)
section 245(2)
Alice Springs (Control of Public Places)
By-laws

by-law 6(b)
or under section 209(2) of the Act
by-law 58(2)(b)(i)
section 194(4)
section 245(2)
Alice Springs (Council Meetings and Procedures)
By-laws

by-law 2
whole by-law
by-law 29(1)
, at the expiration of the time referred to in section 66(2) of the Act,


by-law 29(2)
, as required by section 66(1) of the Act,


by-law 33
For the purpose of section 68 of the Act,

Subject to the Act,
Alice Springs (Todd Mall) By-laws

by-law 9(2)(b)(i)
section 194(4)
section 245(2)

Associations Regulations


regulation 16(5)
whole subregulation
(5) In this regulation:

council means a council constituted under the Local Government Act.
Schedules 5, 6 and 7
whole Schedule
Building Regulations



Schedule 2, column1
Council of the municipality in which the building is situated, or, where there is no such council, the Agency having responsibility for roads and stormwater drainage under the Local Government Act.
Council for the local government area in which the building is situated or, if the building is not situated in a local government area, the Agency having responsibility for roads and stormwater drainage.
Consumer Affairs and Fair Trading (Pawnbrokers and Second-hand Dealers) Regulations

Schedule, item 4
municipal council, or a community government council, within the meaning of
council constituted under
Court Security Regulations

regulation 2(2)(e)
section 225
Part 18.2
Darwin City Council By-laws

by-law 21(2)(b)(i)
section 194(4)
section 245(2)
by-law 147(1)
whole clause
by-law 174(1)
, at the expiration of the time referred to in section 17 of the Act,
by-law 174(2)
, as required by section 17 of the Act,
by-law 178
For the purpose of section 55 of the Act,

Subject to the Act,
by-law 184(1), definition authorised person
section 204
Part 9.6
by-law 203(a)
section 119
section 116
Katherine Town Council By-laws

by-law 137(1)
whole clause
by-law 164(1)
, at the expiration of the time referred to in section 17 of the Act,
by-law 164(2)
, as required by section 17 of the Act,


by-law 168
For the purpose of section 55 of the Act,
Subject to the Act,
Local Government (Darwin Parking Local Rates) Regulations

regulation 1A
whole regulation
regulation 2, definition local rate
whole definition
local rate or local rates means special rates under section 156 of the Act.
regulation 4(b)
rate book kept under section 148 of the Act
assessment record
regulation 5(1)
whole subregulation
(1) The provisions of the Act for correction of entries in the assessment record apply to the parking usage schedule (with necessary modifications).
regulation 8(2)
section 160(2) of
regulation 9(2)
rate book kept under section 59 of the Act
assessment record

Palmerston (Animal Management) By-laws

by-law 17(2)(b)(i)
section 194(4)
section 245(2)
Palmerston (Procedures for Meetings) By-laws

by-law 33
prescribed under section 56 of the Act as confidential
classified by regulations under the Act as confidential business
Palmerston (Public Places) By-laws

by-law 23(2)(b)(i)
section 194(4)
section 245(2)
Palmerston (Signs, Hoardings and Advertising) By-laws

by-law 11(2)(b)(i)
section 194(4)
section 245(2)
Real Property (Unit Titles) Regulations

regulation 10(2)(b)(ii)
council area
area
Schedule 1, Form 11, Note 1, paragraph (a)
whole paragraph
(a) in the case of land within the area of a council – the council for the area; and
Tennant Creek (Control of Public Places) By-laws

by-law 44(5)
section 235
section 116

Tennant Creek (Flammable Undergrowth) By-laws

by-law 3, definition council
whole definition
council means the Barkly Shire Council.
by-law 3, definition municipality
whole definition
municipality means the former municipality of Tennant Creek.
Tennant Creek (Garbage) By-laws

by-law 11(2)
section 235
section 116
Victims of Crime Assistance Regulations

regulation 26(a)(vi)
whole subparagraph
(vi) a by-law of a council constituted under the Local Government Act;
regulation 26(c)
whole paragraph
(c) a person found guilty of an offence prosecuted by a council constituted under the Local Government Act.




 

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