Introduction. This Chapter specifies a council’s functions. In doing so, it recognises that all functions of a council come from statute, either from this Act or another Act.
A council has the functions conferred or imposed on it by or under this Act.Note. This Act classifies certain of a council’s functions as service, that is, non-regulatory (Chapter 6), regulatory (Chapter 7) or ancillary (Chapter 8). Ancillary functions are those functions that assist the carrying out of a council’s service and regulatory functions.
A council also has revenue functions (Chapter 15), administrative functions (Chapters 11, 12 and 13) and functions relating to the enforcement of this Act (Chapters 16 and 17).
A council has the functions conferred or imposed on it by or under any other Act or law.Note. While the main functions of councils are provided for under this Act, councils also have functions under other Acts. An important general provision is contained in section 50 of the Interpretation Act 1987 which provides, in part:(1) A statutory corporation:(a) has perpetual succession,(b) shall have a seal,(c) may take proceedings and be proceeded against in its corporate name,(d) may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and(e) may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions …(4) This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.
Some other Acts and some of the functions they confer include:
planning functions as consent authority
companion animal registration and control
placing covenants on council land
payment of contributions to fire brigade costs and furnishing of returns
fluoridation of water supply by council
inspection of food and food premises
impounding of animals and articles
inspection of systems for purposes of microbial control
restricting use of recreation vehicles
issue of permits to light fires during bush fire danger periods
requiring the furnishing of information to the Rural Fire Service Advisory Council and its Co-ordinating Committee
recommending appointment of local controller
approval of strata plans
approval of leasehold strata plans
ensuring restriction of access to swimming pools
The exercise by a council of its functions under this Act may also be modified by the provisions of another Act. Some of those Acts and some of the modifications they effect include:
limitation on coastal development by councils
Environmental Offences and Penalties Act 1989
forfeiture of council functions to person appointed by Governor
council required to publish certain information and to grant access to certain documents
rating based on heritage valuation
council required to amend certain records that are shown to be incomplete, incorrect, out of date or misleading
council required to prepare for emergencies
unclaimed money to be paid to the Chief Commissioner of Unclaimed Money
A council may do all such things as are supplemental or incidental to, or consequential on, the exercise of its functions.
(1) For the purposes of this Act, the Director-General may from time to time prepare, adopt or vary guidelines relating to the exercise by a council of any of its functions.(2) The Director-General may only prepare, adopt or vary guidelines relating to the exercise by a council of functions conferred or imposed on the council by or under any Act or law that is not administered by or the responsibility of the Department of Local Government if the Director-General has first obtained the concurrence of the Minister administering or responsible for the administration of the other Act or law.(3) A council must take any relevant guidelines issued under this section into consideration before exercising any of its functions.(4) The guidelines for the time being in force are to be made available to councils on request and, on payment of such fee (if any) as the Director-General may determine, to any interested person.
WHAT ARE A COUNCIL’S FUNCTIONS?
A COUNCIL EXERCISES FUNCTIONS UNDER
For example:• Providing community health, recreation, education & information services• Environmental protection• Waste removal & disposal• Land & property, industry & tourism development & assistance
For other functions, see the Introduction to Chapter 6
• Approvals• Orders• Building certificates • Resumption of land• Powers of entry and inspection • Rates• Charges• Fees• Borrowings• Investments
For example• Employment of staff• Management plans• Financial reporting• Annual reports
For example• Proceedings for breaches of the Act• Prosecution of offences• Recovery of rates and charges
See the Note to section 22