Northern Territory Consolidated Acts
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LOCAL GOVERNMENT ACT
TABLE OF PROVISIONS
Long Title
Chapter 1 Preliminary
Part 1.1 Short title and commencement
1. Short title
2. Commencement
Part 1.2 Interpretation
3. Definitions
4. Associates
Part 1.3 Agency
5. Agency
Part 1.4 Act to bind Territory etc.
6. Act to bind the Territory and other jurisdictions
Chapter 2 System of local government
Part 2.1 Local government areas
7. Local government system
8. Municipalities and shires
Part 2.2 Constitutive powers
9. Power to establish local government etc.
10. Consequential adjustment of rights and liabilities
Part 2.3 Role, functions and objectives of councils
11. Principal role of council
12. Functions of a council
13. Objectives of a council
14. Operations outside area
Chapter 3 Planning at the regional and local level
Part 3.1 Regional management plans
15. Division of Territory into regions
16. Requirement for, and consultative nature of, regional management plan
17. Content of regional management plan
18. Term, revision and amendment of regional management plans
19. Preparation and revision of regional management plans
20. Agency to report annually on service delivery
21. Public accessibility of regional management plans and related documents
Part 3.2 Municipal or shire plans
22. Municipal or shire plan
23. Contents of municipal or shire plan
24. Annual review of municipal or shire plan
Chapter 4 Council and its members
Part 4.1 Council as a body corporate
Division 1 Corporate nature, capacity and powers of council
25. Council to be body corporate etc.
26. How council acts in its corporate capacity
Division 2 Formation of local government subsidiary
27. Local government subsidiary
28. Corporate identity and functions of local government subsidiary
29. Constitution of local government subsidiary
30. Reporting obligations
31. Abolition of local government subsidiary
Division 3 Delegation
32. Delegation
Part 4.2 Council members
Division 1 Composition of council
33. Composition of council
34. Vacancy etc. in office of member
Division 2 Role of members
35. Role of members
Division 3 Terms and conditions of membership
36. Eligibility for membership
37. Disqualification
38. Basic term of office
39. Casual vacancies
40. Determination of eligibility for office
41. Immunity from liability
Part 4.3 Principal member of Council
42. Mayor or President
43. Role of principal member (and deputy or acting principal member)
44. Election or appointment of principal member
45. Appointment or election of principal member (and deputy)
46. Term of office and casual vacancies
Part 4.4 Council office
47. Council office
Chapter 5 Local boards and council committees
Part 5.1 Local boards
48. Object
49. Establishment of local boards
50. Petition for establishment of local boards
51. Constitution of local boards
52. Functions of local boards
53. Procedure
Part 5.2 Council committees
54. Council committees
55. Nature of committee's functions
56. Control and direction by the council
57. Procedure
Chapter 6 Meetings
Part 6.1 Council meetings
58. Nature and timing of council meetings
59. Convening of meetings
60. Business to be considered at a meeting
61. Procedure at meeting
Part 6.2 Meetings of local boards and council committees
62. Timing of meetings of local boards and council committees
63. Convening of meetings
64. Procedure at meeting
Part 6.3 Provisions of general application to meetings of councils, local boards, and council committees
65. Meetings to be open to the public
66. Postponement of meeting
67. Minutes
Part 6.4 Meetings of electors
68. Calling meeting of electors
69. Procedure at meeting
70. Effect of resolution passed at meeting of electors
Chapter 7 Rights and obligations of members
Part 7.1 Allowances and expenses
71. Allowances
72. Expenses
Part 7.2 Conflict of interest
73. Conflict of interest
74. Disclosure of interest
Part 7.3 Confidential information
75. Improper disclosure of information
76. Improper use of information
Part 7.4 Code of conduct
Division 1 Making or adoption of code of conduct
77. Obligation to have code of conduct
78. Making or adoption of code of conduct
Division 2 Disciplinary proceedings
79. Complaints of breach of code of conduct
80. Establishment and composition of disciplinary committees
81. Procedure of disciplinary committee
82. Right of appeal
Part 7.5 Removal from office on disciplinary grounds
83. Removal of member from office
Chapter 8 Elections and polls
Part 8.1 General elections
84. Minister's power to call general election
85. Periodic general elections
Part 8.2 By-elections
86. By-elections
Part 8.3 Electors and electoral rolls
87. Entitlement to vote
88. Electoral rolls
Part 8.4 Conduct of elections
89. Conduct of elections and polls
90. Voting
Part 8.5 Electoral disputes
91. Disputing validity of election or poll
92. Service of application
93. Inquiries by Tribunal
94. Powers of Tribunal
95. Exclusive method of challenge
Part 8.6 Miscellaneous
96. Minister's powers in relation to election
97. Interference with proper conduct of election or poll
98. Secrecy of vote
99. Electoral campaign material
Chapter 9 Council staff
Part 9.1 Council's CEO
100. CEO
101. Role and functions of CEO
102. Delegation by CEO
Part 9.2 Other staff
103. Other staff of the council
Part 9.3 Principles and policies
104. Principles of human resource management
105. Statement of employment policies
Part 9.4 Staff obligations
106. Standards to be observed by council staff
107. Conflict of interest
108. Disclosure of confidential information
Part 9.5 Rights and immunities of staff
109. Portability of long service leave rights
110. Resignation to contest election
111. Immunity from personal liability
Part 9.6 Authorised persons
Division 1 Appointment of authorised persons
112. Appointment of authorised persons
113. Powers of authorised persons
114. Identity cards for authorised persons
Division 2 General powers of authorised person
115. Power to require statement of name and address
116. Power to enter land or premises
117. Assistance of police
Division 3 Obstruction of authorised person
118. Obstruction
Chapter 10 Financial management
Part 10.1 Receipt and expenditure of money
119. Authorised deposit accounts
120. Segregation of certain money
Part 10.2 Investment
121. Investment
Part 10.3 Council borrowing
122. Meaning of borrowing
123. Council's power to borrow
124. Security for borrowing
125. Security over general revenue
Part 10.4 Long-term financial plans
126. Long-term financial plan
Part 10.5 Annual budgets
127. Annual budgets
128. Adoption of budget or amendment
Part 10.6 Accounting records
129. Accounting records
130. Availability of records for inspection
Part 10.7 Annual financial statement
131. Annual financial statement
132. Reference of annual financial statement for audit
Part 10.8 Audit
Division 1 Auditor
133. Auditor
134. Appointment by the Minister
Division 2 Audit
135. Annual audit
136. Other audits
137. Assistance to be provided to the auditor
Part 10.9 Rectification orders
138. Power of Minister to make rectification order
139. Non-compliance with order
Chapter 11 Rates and charges
Part 11.1 Rateability
140. Categorisation of land
141. Rateable land
142. Conditionally rateable land
143. Urban farm land
144. Exempt land
145. Special cases
146. Apportionment where land rateable for part only of a financial year
Part 11.2 Basis for assessment of rates
147. Allotments
148. Basis of rates
149. Basis of assessed value
Part 11.3 Liability for rates
150. Joint and several liability
151. Principal ratepayer for an allotment
Part 11.4 Assessment record
152. Assessment record
153. Notifications to be given by ratepayers
154. Correction of record
Part 11.5 Imposition of rates and charges
Division 1 General and special rates
155. General rates
156. Special rates
Division 2 Charges
157. Imposition of charges
Part 11.6 General and particular notice
158. Public notice
159. Rates notice
160. Discount for prompt payment
161. Payment by instalment
Part 11.7 Interest on unpaid rates
162. Accrual of interest on overdue rates
163. Remission of interest
Part 11.8 Rate concessions
164. Rate concessions
165. Rate concession to alleviate financial hardship
166. Correction of anomalies in operation of rating system
167. Public benefit concessions
Part 11.9 Recovery of rates
Division 1 Application of this Part
168. Extended meaning of
Division 2 Recovery by action
169. Recovery by action
Division 3 Overriding statutory charge
170. Overdue rates to be a charge on land
171. Registration of charge
172. Effect of registered charge
Division 4 Sale of land
173. Power to sell land for non-payment of rates
174. Pre-conditions of sale
175. Sale of land
176. Proceeds of sale
Part 11.10 Correction of errors
177. Correction of errors
Chapter 12 Council property
Part 12.1 Property generally
178. Acquisition of property
179. Assumption of care control and management of land
180. Power to develop and improve land
181. Power to act as trustee
182. Power to deal with and dispose of property
Part 12.2 Reserves and cemeteries
183. Reserves
184. Public cemeteries
Part 12.3 Roads
185. Roads
186. Care control and management of roads
187. Closing of roads
Chapter 13 Regulatory powers
Part 13.1 By-laws
188. Power to make by-laws
189. Principles applying to by-laws
190. Making by-laws
191. Model by-laws
192. Register of by-laws and certified copies
Part 13.2 Regulatory orders
Division 1 Categories of regulatory order
193. Visual pollution
194. Mitigation of hazard or nuisance
195. Animals and activities involving animals
Division 2 Regulatory orders generally
196. Review of orders
197. Time for carrying out work under regulatory order
198. Non-compliance with order
Chapter 14 Reporting and public disclosure
Part 14.1 Annual reports
199. Annual reports
Part 14.2 Public access to information
200. Information to be publicly available
201. Suppression of certain information
Chapter 15 Compliance reviews and investigations
Part 15.1 Inspectors
202. Inspectors
203. Identity cards for inspectors
204. Functions of an inspector
Part 15.2 Compliance review
205. Program of compliance reviews
206. Carrying out of compliance review
207. Agency must report on results of compliance review
Part 15.3 Investigations
208. Investigations
Part 15.4 Powers of inspector
209. Power of entry and access
210. Power of formal questioning
211. Inspector's report
Part 15.5 Agency's power to remedy irregularity
212. Power to commence proceedings to recover loss
213. Power to impose surcharge
214. Recovery of surcharge
Chapter 16 Inquiries
Part 16.1 Establishment of commission
215. Establishment of commission of inquiry
216. Commissioner's terms of office
Part 16.2 Conduct of inquiry
217. Conduct of inquiry
218. Evidentiary powers of commission
219. Legal representation
220. Re-opening of inquiry
221. Report of commission of inquiry
Chapter 17 Defaulting councils
Part 17.1 Suggested remedial action
222. Suggested action to remedy deficiencies
Part 17.2 Required remedial action
223. Power to require action to remedy deficiencies
Part 17.3 Official management
224. Official management of councils
225. Official manager
226. Election after dismissal of members
Chapter 18 Review and appeal
Part 18.1 Internal review
227. Reviewable decisions
228. Right to apply for review
229. Consideration of application by administrative review committee
230. Council's decision on recommendation
231. Appeal against council's final decision on review
Part 18.2 Appeal
Division 1 Local Government Tribunal
232. Local Government Tribunal
233. Constitution of Tribunal
234. Registrars of the Tribunal
Division 2 Evidence and procedure
235. Evidence and procedure before the Tribunal
236. Witnesses
Division 3 Jurisdiction of Tribunal
237. Jurisdiction of Tribunal
238. Stay of effect of decisions and orders
239. Costs
Division 4 Further appeals
240. Appeals to the Supreme Court
Division 5 Rules
241. Power to make rules
Chapter 19 Miscellaneous
Part 19.1 Local Government Association
242. Continuance of the Local Government Association
Part 19.2 Criminal responsibility
243. Application of Criminal Code
Part 19.3 Legal proceedings
244. Commencement of legal proceedings on behalf of council
245. Infringement notice offences
246. Monetary penalties
247. Recovery of damages
Part 19.4 Service of documents
248. Service of documents on council
249. Service of documents by council
Part 19.5 Evidence
250. Judicial notice to be taken of certain facts
251. Certified copies of minutes
252. Evidence of land ownership
Part 19.6 Misleading representations
253. Misleading representations
Part 19.7 Carrying out work on land
254. Occupier entitled to carry out work on land
255. Owner entitled to re-enter land to carry out work
Part 19.8 Certificates of liabilities, etc.
256. Certificates
Part 19.9 Acquisition of property
257. Acquisition of property
Part 19.10 Guidelines and regulations
258. Guidelines
259. Regulations
Chapter 20 Repeals and transitional provisions
Part 20.1 Repeals
260. Acts repealed
Part 20.2 Transitional provisions
261. Definitions
262. Constitution of new councils
263. Continuation of existing nominees, appointees etc.
264. Continuation of existing councils
265. Special provisions for Top End councils
266. Roads
267. Approved proposal for rating conditionally rateable land in the 2008/2009 financial year
268. Rating limitations for early period of the operation of this Act
269. Dissolution of Binjari Community Government Council
270. Preservation of local government functions of Nhulunbuy Corporation Limited
271. Special provision permitting certain councils to establish policy of allowing Chair of council meeting to exercise casting vote
272. Continuation of
Schedule 1 Regions
Schedule 2 Code of conduct - core provisions
Schedule 3 Repealed Acts
ENDNOTES
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