Local Government Act 1993 No 30
Historical version for 1 January 2011 to 17 February 2011 (accessed 23 May 2013 at 19:02) Current version
Chapter 5Section 22

22   Other functions

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:

Community Land Development Act 1989

planning functions as consent authority

Companion Animals Act 1998

companion animal registration and control

Conveyancing Act 1919

placing covenants on council land

Environmental Planning and Assessment Act 1979

environmental planning

Fire Brigades Act 1989

payment of contributions to fire brigade costs and furnishing of returns

Fluoridation of Public Water Supplies Act 1957

fluoridation of water supply by council

Food Act 2003

inspection of food and food premises

Impounding Act 1993

impounding of animals and articles

Library Act 1939

library services

Protection of the Environment Operations Act 1997

pollution control

Public Health Act 1991

inspection of systems for purposes of microbial control

Recreation Vehicles Act 1983

restricting use of recreation vehicles

Roads Act 1993

roads

Rural Fires Act 1997

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

State Emergency Service Act 1989

recommending appointment of local controller

Strata Schemes (Freehold Development) Act 1973

approval of strata plans

Strata Schemes (Leasehold Development) Act 1986

approval of leasehold strata plans

Swimming Pools Act 1992

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:

Coastal Protection Act 1979

limitation on coastal development by councils

Environmental Offences and Penalties Act 1989

forfeiture of council functions to person appointed by Governor

Government Information (Public Access) Act 2009

council required to publish certain information and to grant access to certain documents

Heritage Act 1977

rating based on heritage valuation

Privacy and Personal Information Protection Act 1998

council required to amend certain records that are shown to be incomplete, incorrect, out of date or misleading

State Emergency and Rescue Management Act 1989

council required to prepare for emergencies

Unclaimed Money Act 1995

unclaimed money to be paid to the Chief Commissioner of Unclaimed Money

Top of page