LOCAL GOVERNMENT ACT 1993
LOCAL GOVERNMENT ACT 1993
- Act 95 of 1993 - Royal Assent 23 December 1993 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation PART 2 - . . . . . . . . Division 1 - . . . . . . . . 4. Section 4 5. Section 5 6. Section 6 7. Section 7 Division 2 - . . . . . . . . 8. Section 8 9. Section 9 10. Section 10 11. Section 11 12. Section 12 13. Section 13 14. Section 14 15. Section 15 Division 3 - . . . . . . . . 15A. Section 15A 15B. Section 15B 15C. Section 15C PART 3 - Local Government Division 1 - Municipal areas and electoral districts 16. Municipal areas 16A. Cities 17. Electoral districts Division 2 - Councils 18. Establishment of councils 19. Corporation of councils 20. Functions and powers 20A. Powers of entry 20B. Identity card 21. Enterprise powers 22. Delegation by council 23. Council committees 24. Special committees Division 3 - Councillors 25. Constitution of council 26. Mayors and deputy mayors 27. Functions of mayors and deputy mayors 27A. Order relating to Mayor's functions 28. Functions of councillors 28AA. Order relating to functions of councillors 28A. Information and documents relating to functions 28B. Requirement to make information and documents available 28C. Confidentiality undertaking 28D. Documents relating to agendas 28E. Section 28E 28F. Section 28F 28G. Section 28G 28H. Section 28H 28I. Section 28I 28J. Incapacity Division 3A - Code of conduct, complaints and complaint resolution Subdivision 1 - Code of Conduct Panel and Executive Officer 28K. Code of Conduct Panel 28L. Constitution of Code of Conduct Panel 28M. Executive Officer 28N. Functions of Executive Officer 28O. Payment of remuneration and allowances to members of Code of Conduct Panel and Executive Officer 28P. Requesting provision of information 28Q. Providing information to Code of Conduct Panel Subdivision 2 - Code of conduct 28R. Model code of conduct 28S. Contents of model code of conduct 28T. Code of conduct 28U. Compliance with code of conduct Subdivision 3 - Complaints against councillors 28V. Making code of conduct complaint against councillor 28W. Withdrawal of or from code of conduct complaint 28X. Amendment of code of conduct complaint 28Y. Initial assessment of complaint by general manager 28Z. Referral of code of conduct complaint by general manager 28ZA. Initial assessment of code of conduct complaint by chairperson of Code of Conduct Panel 28ZB. Dismissal of code of conduct complaint on initial assessment 28ZC. Referral of code of conduct complaint on initial assessment 28ZD. Time for investigating and determining code of conduct complaint 28ZE. Conduct of investigations generally 28ZF. Investigation of multiple code of conduct complaints against same councillor or multiple councillors 28ZG. When hearing is to be held 28ZH. Hearings 28ZI. Determination of code of conduct complaint 28ZJ. Determination report 28ZK. Notification of determination of code of conduct complaint 28ZL. Effect of third suspension 28ZM. Councillor to comply with sanction imposed for contravention of code of conduct 28ZN. Costs of parties relating to code of conduct complaint 28ZNA. Costs of training to be borne by council 28ZO. Refund of fee accompanying lodgement of code of conduct complaint Subdivision 4 - Reviews of Code of Conduct Panel decisions 28ZP. Review of Code of Conduct Panel decision Division 4 - Authorities 29. Controlling authorities 30. Single and joint authorities 31. Notice of proposed authority 32. Approval and certification of rules 32A. Amendment of rules 33. Notice of establishment of authority 34. Body corporate 35. Functions and powers of authority 35A. Adverse developments 36. Operating outside municipal areas 36A. Annual reports of authorities 36B. Quarterly reports of authorities 37. Winding-up 38. Rules of authorities Division 5 - . . . . . . . . 39. Section 39 PART 3A - Payments by Single and Joint Authorities 39A. Interpretation: Part 3A 39B. Application of Part 39C. Payments 39D. Application of certain provisions of the Government Business Enterprises Act 1995 39E. Appointment of comptroller PART 4 - Elections Division 1 - Mayors and deputy mayors 40. Election electors 41. Eligibility for nomination as mayor or deputy mayor 42. Section 42 43. Election by electors 43A. Election by councillors in certain cases 44. Term of office Division 2 - Councillors 45. Election of councillors 46. Term of office of councillors 46A. Term of office relating to elections in 2011 47. Resignations PART 5 - Pecuniary Interests 47A. Section 47A 48. Declaration of pecuniary interest by councillor 48A. Declaration of pecuniary interest by member 49. Having an interest 50. Section 50 51. Close associate 52. Non-application of Part 53. Notification of pecuniary interest 53A. Notification of pecuniary interest of member 53B. Register of pecuniary interests of board members 54. Register of pecuniary interests of councillors 54A. Register of pecuniary interests of members 55. Pecuniary interests of employees and general manager 55A. Pecuniary interests of employees of authorities 55B. When member of audit panel has pecuniary interest 55C. Declaration of pecuniary interest by member of audit panel 55D. Register of pecuniary interests of members of audit panel 55E. Validity of audit panel proceedings, &c. 56. Validity of decisions PART 5A - Gifts and Donations 56A. Councillor to notify of gifts and donations 56B. Gifts and donations register PART 6 - Petitions, polls and public meetings Division 1 - Petitions 57. Petitions 58. Tabling petition 59. Petitions seeking public meetings 60. Action on petition 60A. Public meetings and submissions Division 2 - Elector polls 60B. Council-initiated elector polls 60C. Petition requesting elector poll 60D. Elector polls 60E. Result of elector poll Division 3 - General public meetings 60F. Public meetings PART 7 - Administration Division 1 - General manager and employees 60G. Interpretation 61. Appointment of general manager 61A. Order relating to appointment and performance of general managers 61B. Acting general managers 62. Functions and powers of general manager 62A. Order relating to general manager's functions generally 62B. Order relating to general manager's function to liaise with mayor 63. Employees 64. Delegation by general manager 65. Qualified persons Division 2 - Plans and report 66. Strategic plan 67. Section 67 68. Proposed strategic plan 69. Public inspection of strategic plan 70. Long-term financial management plans 70A. Financial management strategies 70B. Long-term strategic asset management plans 70C. Asset management policies 70D. Asset management strategies 70E. Review of plans, strategies and policies 70F. Orders determining minimum contents of plans, &c., and classes of assets 70G. Plans, strategies and policies to be published on council website 71. Annual plan 72. Annual report 72A. GST dispute statement Division 3 - Annual General Meeting 72B. Annual General Meeting PART 8 - Financial Management Division 1 - Funds, expenditure and investments 73. Sources of funds 74. Expenditure 75. Investments 76. Writing off bad debts 77. Grants and benefits Division 2 - Borrowings 78. Borrowings 79. Debentures and inscribed stock 80. Limit on borrowing Division 3 - Accounts and audit 81. Authorised deposit-taking institution accounts 82. Estimates 82A. Power of general manager to meet current and accruing requirements 83. Records 84. Financial statements Division 4 - Audit panels 85. Audit panels 85A. Functions of audit panels 85B. Orders in relation to audit panels PART 9 - Rates and Charges Division 1 - General provisions 86. Interpretation of Part 9 86AA. Relevant right to occupation 86A. General principles in relation to making or varying rates 86B. Rating and charging policies to be made available to public 87. Exemption from rates 88. Rates collected on behalf of authorities 88A. Capping of rate increases 89. Adjustments to values 89A. Values under Valuation of Land Act 2001 to be used as basis of rates 89B. Relevant percentages for purposes of minimum amounts Division 2 - General rates 90. General rate 91. Composition of general rate 92. Adjustment of amount payable Division 3 - Service rates and service charges 93. Service rate 93A. Service rate for fire protection 94. Service charge 94A. Section 94A 95. General provisions Division 4 - Construction rates and charges 96. Interpretation of Division 4 97. Construction rate and charge 98. Limit on construction rates and charges 99. Rebates and discount Division 5 - Separate rates and charges 100. Separate rate or charge 101. Intention to make separate rate or charge 102. Submissions 103. Petitions 104. Consideration by council 105. Separate rate or charge for same purpose 105A. Review of separate rate or charge 105B. Adjustment of separate rate or charge 106. Refund of separate rate or charge 106A. Exemptions and variations Division 6 - Variation in rates 107. Variation in rates 108. Notification of variation 109. Objections to variations Division 6A - Averaged area rates 109A. Averaged area rates may be made for locality 109B. Determination of amount of averaged area rate 109C. Public notice to be given of proposal to obtain authority to make averaged area rates 109D. Notice of proposal to be given to certain ratepayers 109E. Submissions in respect of proposal 109F. Public meeting in respect of proposal to be held 109G. Applications for certificates 109H. Certificates Division 6B - Re-making of rates 109I. Interpretation of Division 6B 109J. Rectification orders 109K. Revocation and re-making of rates 109L. Validity of previous rate notices 109M. Re-calculation to be made of amount of rates 109N. Supplementary rates notices 109O. Refund, &c., where substituted rate made Division 7 - Record of rates 110. Record of rates 111. Ownership Division 8 - Farm rating relief 112. Interpretation of Division 8 113. Declaration of land as urban farm land 114. Revocation of declaration 115. Revaluation of land 116. Sale or conveyance of urban farm land Division 9 - Liability and payment of rates 117. Section 117 118. Notification of making rates 119. Charge on land 120. Liability for rates 121. Change in ownership or occupancy of land 122. Rates notice 123. Objections to rates notice 123A. Section 123A 124. Instalment payments 125. Postponement of payment 126. Conditions of postponement 127. Postponement ceases to operate 128. Late payments 129. Remission of rates 130. Discount for early payment 131. Application of money 132. Certificate of liabilities Division 10 - Recovery 133. Recovery of rates 134. Recovery from certain persons 135. Rents under leases, &c., for unpaid rates 136. Indemnity Division 11 - Sale of land 137. Sale of land for unpaid rates 138. Title vests in purchaser 139. Application of money from sale 139A. Register of money 140. Procedure if council cannot sell land PART 9A - . . . . . . . . Division 1 - . . . . . . . . 140A. Section 140A 140B. Section 140B 140C. Section 140C 140D. Section 140D 140E. Section 140E 140F. Section 140F 140G. Section 140G Division 2 - . . . . . . . . 140H. Section 140H Division 3 - . . . . . . . . 140I. Section 140I 140J. Section 140J 140K. Section 140K 140L. Section 140L 140M. Section 140M PART 10 - . . . . . . . . 141. Section 141 142. Section 142 143. Section 143 144. Section 144 PART 11 - By-laws Division 1 - General provisions 145. General power to make by-laws 146. Applicability of by-laws 147. Incorporation by reference 148. Penalties and recovery of expenses 149. Infringement notices and fines 150. Restrictions on making of by-laws 151. Adoption of by-laws 152. Enforcement 152A. Requirement to give name and address 153. Publication of by-laws 154. Repeal and amendment of by-laws 155. Expiry of by-laws Division 2 - Procedural provisions 156. Motion of intention to make by-law 156A. Regulatory impact statement 157. Notice of proposed by-law 158. Proposed by-laws open to inspection and may be purchased 159. Submissions in respect of proposed by-law 160. Alterations to proposed by-law 161. Making by-laws 162. Certification of by-law 163. Commencement of by-law 164. By-law to Director 165. Title and numbering of by-laws 166. Copies of by-laws 167. Notice of by-laws Division 3 - By-laws in respect of certain matters 168. Fees and licences 169. Execution of works 170. Parking of vehicles Division 4 - Model by-laws 170A. Regulatory impact statement in respect of model by-law 170B. Consultation in respect of model by-laws 171. Making of model by-laws 172. Council may adopt model by-laws 173. Model by-law may allow additions 174. Repeal of model by-law PART 12 - Special Powers Division 1 - Purchase, acquisition, sale and lease of property 175. Purchase or lease of land 176. Acquisition of land 177. Sale and disposal of land 177A. Public land 178. Sale, exchange and disposal of public land 178A. Appeal 178B. Section 178B 179. Lease of public land for less than 5 years 180. Section 180 181. Land held on trust Division 2 - Fences, land repairs and trees 182. Fencing land 183. Land reinstated 184. Section 184 185. Compliance with notice Division 3 - Towns 186. Towns 187. Polls 188. Boundaries of towns Division 4 - Markets 189. Closure of local highways 190. Objections 191. Section 191 192. Section 192 Division 5 - Impounding of animals 193. Establishment of pounds 194. Impounding animals 195. Notice of impounding 196. Fees, costs and charges 197. Sale or destruction of unclaimed animals 198. Destruction of animals 198A. Operation of private pounds Division 6 - Nuisances 199. Interpretation of Division 6 200. Abatement notices 201. General manager may take necessary action 202. Appeal against general manager's action 203. Nuisance orders 204. Costs 204A. Infringement notice for non-compliance with abatement notice Division 7 - Fees and charges 205. Fees and charges 206. List of fees and charges 207. Remission of fees and charges Division 8 - Council maps 208. Council map 209. Corrections of map PART 12A - Local Government Board Division 1 - Local Government Board 210. Local Government Board 211. Functions and powers of Board 212. Staff 213. Delegation by Board Division 2 - Reviews of councils 214. Reviews of council 214A. Scope of review 214B. Supplementary review 214C. Procedures for review 214D. Report of review 214E. Result of review 214F. Transfer and vesting of assets 214G. Apportionment between councils 214H. Costs Division 3 - Reviews of single and joint authorities 214I. Review of single or joint authorities 214J. Procedure for review 214K. Recommendations PART 12B - Performance Improvement Directions 214L. Recommendation for issuing performance improvement direction 214M. Minister may issue performance improvement direction 214N. Right of council or councillor to make submissions 214O. Consequences of failing to comply with performance improvement direction Division 9 - . . . . . . . . PART 13 - Inquiries Division 1 - Board of Inquiry 215. Board of Inquiry 215A. Operation during investigation 216. Functions of Board of Inquiry 217. Powers of Board of Inquiry 218. Procedure of Board of Inquiry 219. Submissions 220. Representation 221. Summons 222. Access to documents, &c. 223. Disclosure of information 223A. Disclosure of confidential information provided by Board of Inquiry 224. Report of inquiry 224A. Board of Inquiry to provide report, &c., to Director 225. Result of inquiry 226. Dismissal of councillors 226A. Winding-up of authority 227. Immunity in publishing reports 228. Confidentiality 228A. Board of Inquiry to provide information to Director 229. Cost of inquiry Division 2 - Commissioners 230. Appointment of commissioner on suspension 231. Appointment of commissioner on dismissal 232. Powers and functions of commissioner 233. Remuneration of commissioner 234. Termination of appointment as commissioner PART 14 - Legal Proceedings Division 1 - Proof and evidence 235. Proof of certain matters 236. Averments 237. Authentication of certain documents 238. Minutes 239. Gazette Division 2 - Actions by or against councils 240. Appearances in court 241. Penalties Division 3 - Validations and presumptions 242. Named as owner 243. Validation of proclamations, &c. Division 4 - Mutual rights of owners and occupiers 244. Application 245. Rights against owner enforceable against occupier 246. Certain notices to be passed on 247. Right to carry out works 248. Right of occupier to act in certain cases on default of owner 249. Primary right of occupier bearing owner's liability 250. Ultimate liability 251. Mesne tenants 252. Several owners Division 5 - Proceedings for offences 252A. Proceedings for offences PART 15 - Council Elections Division 1 - Preliminary 253. Section 253 253A. Acting general manager 253B. Prescribed procedures for certain elections Division 2 - Electors 254. Entitlement to be on list of electors and to vote in election 255. Voting by corporations 256. Maximum number of votes 257. Electoral enrolment form 258. Electoral roll 259. Inspection of electoral roll 260. Closure of electoral roll 261. List of electors 261A. Inspection of list of electors 262. Reviews Division 2A - Compulsory voting 262A. Voting compulsory for certain persons entitled to vote 262B. Offence of failing to vote where voting compulsory 262C. Notice of failure to vote 262D. Second notice if no response from elector 262E. Determination of valid and sufficient reason for failure to vote 262F. Determination notice where reason for failure to vote not accepted 262G. Elector may pay failure to vote penalty 262H. Infringement notice Division 3 - Issuing places and electoral officials 263. Issuing places 264. Returning officer 265. Electoral officers 266. Powers of electoral officers in charge 267. Electoral officer voting 268. Expenses of elections Division 4 - Notices of elections and nominations 268A. Closing day and polling period 269. Notice of election 270. Eligibility for nomination as councillor 271. Notice of nominations 272. Acceptance or rejection of nomination 273. Withdrawal of nomination or death of candidate 274. Election without poll 275. Election with poll 276. Display of notice of nominations Division 5 - Advertising in respect of elections 277. Section 277 278. Electoral advertising 279. Return in relation to electoral advertising 280. Further information 281. Returns open for inspection 282. Electoral Commissioner may require information Division 6 - Postal voting 283. Voting 284. Ballot material 285. Voting procedure 286. Supplementary issue of ballot material 286A. When ballot paper sent as supplementary election material may be accepted 287. Ballot papers not to be accepted 288. Ballot papers 289. Instructions on ballot papers 290. Marking of ballot papers 291. Assistance to electors 292. Appointment of scrutineers 293. Presence of scrutineers 294. Scrutineering 295. Persons entitled to be present at place 296. Procedures for voting by persons outside Tasmania Division 7 - . . . . . . . . 297. Section 297 298. Section 298 Division 8 - Determination of result of elections 299. Counting votes 300. Informal ballot papers 301. Section 301 302. Section 302 303. Declaration of poll 304. Certificate of election 305. Recount of votes 306. Keeping of electoral material Division 9 - Casual vacancies 307. Casual vacancies 308. By-elections 309. Section 309 310. Adjournment of poll 310A. Non-application of Division Division 10 - Offences relating to elections 311. Electoral articles to be signed 312. Offences related to polling 313. Offences in violation of secrecy of ballot 314. Bribery and undue influence 315. False or misleading statements Division 11 - Miscellaneous 316. Formal defects not to invalidate elections 317. Orders in respect of elections 318. Invalidity of election not to affect proceedings 319. Instituting proceedings 320. Inquiries and investigations 321. Declaration of office 321A. Vacancy of office on failure to make declaration 322. Right of Information 323. Role of Electoral Commissioner 324. Section 324 PART 16 - Miscellaneous Division 1 - Local Government Association of Tasmania 325. Interpretation of Division 1 326. Local Government Association of Tasmania 327. Members of Association 328. Functions and powers of Association 329. Rules 330. Employees of Association 331. Section 331 Division 1A - Employee assurance schemes 331A. Interpretation of Division 1A 331B. Existing scheme 331C. New scheme 331D. Management of schemes 331E. Section 331E Division 2 - Queen Victoria Museum and Art Gallery 332. Endowment 333. Management Division 2A - Tenders and contracts for goods and services 333A. Tenders 333B. Code for tenders and contracts Division 3 - General provisions 334. Director of Local Government 335. Functions and powers of Director 336. Council arms 336A. Public Office 337. Council land information certificate 338. Information 338AA. Director may require information, &c., for purposes of investigation 338A. Disclosure of information 339. Improper use of information 339A. Misuse of office 339B. Offences relating to petitions 339C. Offence to perform functions or exercise powers of councillor 339D. Obstruction 339E. Complaints against non-compliance or offence 339EA. Investigations of complaints and other matters 339F. Customer service charter 339G. Electronic collection or inspection of information, records or documents in an emergency 339H. Attestation and imprint of common seal electronically 340. Interference with records and documents 340A. Allowances 341. Immunity from liability 342. Validity of proceedings, &c. 343. Presumptions 344. Rounding off rates, &c. 345. False and misleading statements 346. Section 346 347. Exemption from fees 348. Orders to be Statutory Rules 348A. References to Act 349. Regulations 349A. Savings and transitional provisions consequent on Local Government Amendment (Code of Conduct) Act 2015 349B. Transitional provisions consequent on Local Government Amendment (Miscellaneous) Act 2018 350. Repeal 350A. Validation, &c., of certain rates and charges 350B. Validation of certain rate notices 351. Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 2a SCHEDULE 3 SCHEDULE 3a SCHEDULE 3b SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 8a SCHEDULE 9 SCHEDULE 10[ Note: This table has been automatically generated and may be incomplete. ]