Local Government Act 1993 No 30
Historical version for 6 July 2009 to 30 September 2009 (accessed 22 December 2014 at 13:05) Current version

Part 5 County councils

383   Proposal to establish or dissolve a county council or amend its constitution

(1)  A council, a county council, a public authority or the Director-General may make a proposal to the Minister to establish or dissolve a county council or to amend the constitution of a county council.
(2)  The Minister may propose to establish or dissolve a county council or to amend the constitution of a county council.

384   Public notice to be given of a proposal

The Minister must give at least 28 days’ public notice of a proposal made to the Minister that the Minister decides to proceed with or of a proposal initiated by the Minister.

385   Making of representations

Within the period of public notice, representations concerning the proposal may be made to the Minister by anyone affected by the proposal.

386   Minister’s recommendation concerning the proposal

After considering all representations received concerning the proposal, the Minister may recommend to the Governor that the proposal be implemented, with or without modifications, or may decline to recommend that the proposal be implemented.

387   Formation of county councils

(1)  The Governor may, by proclamation, establish county councils for the purposes of this Act.
(2)  A proclamation under this section must contain the following particulars:
(a)  the name of the county council,
(b)  a description of the county council’s area of operations,
(b1)  the name of each council (referred to in this Part as a constituent council) whose area lies wholly or partly within the county council’s area of operations,
(c)  the number of persons to be elected by each constituent council to the county council’s governing body,
(d)  a description of the county council’s functions.
(3)  A proclamation under this section conferring functions on a county council as to the control of noxious weeds on land is to be made only with the concurrence of the Minister administering the Noxious Weeds Act 1993.

388   Legal status of county councils

(1)  A proclamation establishing a county council operates to constitute the county council as a body politic of the State with perpetual succession and the legal capacity and powers of an individual, both in and outside the State.
(2)  A county council is not a body corporate (including a corporation).
(3)  A county council does not have the status, privileges and immunities of the Crown (including the State and the Government of the State).
(4)  A law of the State applies to and in respect of a county council in the same way as it applies to and in respect of a body corporate (including a corporation).

389   What is a county council’s name?

The name of a county council is to be “X County Council”, where “X” is the name specified by the proclamation.

390   Who comprise the governing body?

(1)  A county council must have a governing body elected by its constituent councils.
(2)  Provisions concerning the membership of a county council’s governing body are to be as prescribed by the proclamation establishing the county council.
(3)  A member of a county council is to be elected from among the councillors of the constituent councils in accordance with the regulations.
(4)  The governing body of a county council is responsible for managing the affairs of the county council.

391   The chairperson

(1)  The chairperson of a county council is the person elected to the office of chairperson by the members of the county council from among their number.
(2)  The chairperson holds office for one year, subject to this Act.
(3)  The office of chairperson:
(a)  commences on the day the person elected to the office is declared to be so elected, and
(b)  becomes vacant when the person’s successor is declared to be elected to the office, or on the occurrence of a casual vacancy in the office.

391A   What are the functions of the chairperson?

The role of the chairperson of a county council is:
(a)  to preside at meetings of the county council, and
(b)  to exercise such other functions of the county council as the county council determines.

392   Vacancy in office of member

(1)  A member of a county council vacates that office on ceasing to be a councillor of a constituent council.
(2)  This section does not limit the other circumstances in which a member of a county council vacates that office.

393   Area of operations of county council

The area of operations of a county council may, in accordance with a proclamation made for the purposes of this Part, comprise the whole or any part of one or more local government areas.

394   Functions of county council

(1)  The functions of a county council may, in accordance with a proclamation made for the purposes of this Part, comprise any one or more of the functions of a council under this or any other Act.
(2)  A council may not undertake a function conferred on a county council whose area of operations includes the whole or any part of the council’s area, subject to the regulations or a proclamation made for the purposes of this Part.
(3)  Subsection (2) does not prevent a council from exercising a function delegated to it by a county council.

395   General manager of county council

(1)  A county council must employ a general manager.
(2)  The general manager of a county council has the same functions in relation to the county council as the general manager of a council has in relation to the council.

396   How often does a county council meet?

A county council is required to meet at least 4 times each year.

397   Amendment and dissolution of county councils

(1)  The Governor may, by proclamation, amend or revoke a proclamation in force under section 387 for the purpose of amending the constitution of, or of dissolving, a county council.
(2)  A proclamation for the purpose of amending the constitution of a county council:
(a)  may change the name of the county council, or
(b)  may vary the county council’s area of operations, or
(c)  may vary the number of persons who comprise the county council’s governing body, or
(c1)  may vary the number of persons to be elected by each constituent council to the county council’s governing body, or
(d)  may vary the county council’s functions.

398   Facilitating provisions of proclamations

A proclamation of the Governor for the purposes of this Part may include provisions of the same kind as are referred to in section 213.

399   Making of financial contributions by constituent councils

The regulations may make provision for or with respect to the making of financial contributions to a county council by the constituent councils, including the following:
•  the purposes for which contributions may be made
•  the circumstances in which contributions may be required
•  the assessment of contributions
•  the payment of contributions
•  the recovery of contributions.

400   Application of Act to county councils

(1)  This Act (except Part 1 and Divisions 1 and 2 of Part 2 of Chapter 9, Chapter 10, section 365 and the provisions of Chapter 15 concerning the making and levying of ordinary rates) applies:
(a)  to county councils in the same way as it applies to councils, and
(b)  to the members of county councils in the same way as it applies to the councillors of councils,
with such exceptions and modifications (if any) as the regulations may provide.
(2)  In the application of this Act to county councils and members of county councils:
(a)  a reference to the mayor of a council includes a reference to the chairperson of a county council, and
(b)  a reference to mayoral office includes a reference to the office of the chairperson of a county council, and
(c)  a reference to a councillor includes a reference to a member of a county council.

400AA   Special provisions relating to Cudgegong (Abattoir) County Council

Schedule 9 has effect.

400A   (Repealed)

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