LOCAL GOVERNMENT ACT 2008 (NO 12 OF 2008)
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--SHORT TITLE AND COMMENCEMENT
PART 1.2--INTERPRETATION
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
PART 2.2--CONSTITUTIVE POWERS
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
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
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
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
PART 7.2--CONFLICT OF INTEREST
PART 7.3--CONFIDENTIAL INFORMATION
PART 7.4--CODE OF CONDUCT
Division 1--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
PART 8.2--BY-ELECTIONS
- 86 By-elections
PART 8.3--ELECTORS AND ELECTORAL ROLLS
PART 8.4--CONDUCT OF ELECTIONS
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
PART 9.2--OTHER STAFF
- 103 Other staff of the council
PART 9.3--PRINCIPLES AND 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
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
PART 10.6--ACCOUNTING RECORDS
PART 10.7--ANNUAL FINANCIAL STATEMENT
PART 10.8--AUDIT
Division 1--Auditor
Division 2--Audit
PART 10.9--RECTIFICATION ORDERS
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
PART 11.3--LIABILITY FOR RATES
PART 11.4--ASSESSMENT RECORD
PART 11.5--IMPOSITION OF RATES AND CHARGES
Division 1--General and special rates
Division 2--Charges
- 157 Imposition of charges
PART 11.6--GENERAL AND PARTICULAR NOTICE
PART 11.7--INTEREST ON UNPAID RATES
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 rates in this Part
Division 2--Recovery by action
- 169 Recovery by action
Division 3--Overriding statutory 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
PART 12.3--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
CHAPTER 15--COMPLIANCE REVIEWS AND INVESTIGATIONS
PART 15.1--INSPECTORS
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
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
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
Division 2--Evidence and procedure
Division 3--Jurisdiction of Tribunal
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
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
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