Introduction. The major regulatory functions of councils are found in this Chapter. It lists the activities that are regulated and it sets out the means of their regulation.
A council, in relation to a range of activities within its area, exercises regulatory functions of 2 main kinds.
First—various activities can only be carried out if the council gives its approval (for example, the operation of a caravan park). Some of these approvals may also be granted as part of the development consent process under Part 4 of the Environmental Planning and Assessment Act 1979.
Second—a council can order a person to do, or to stop doing, something (for example, a council can order a person to keep fewer animals on specified premises).
Failure to obtain or to comply with an approval and failure to comply with an order are made offences under sections 626, 627 and 628.
A council is not given power to regulate activities by other means. For example, the Chapter does not confer power to require a person to hold a periodic licence.
In exercising its regulatory functions, the council must observe any relevant statutory criteria and any other criteria contained in a local policy it may have adopted after public consultation.