Introduction
1 Name of Act
2 Commencement
3 Definitions
4 Does this Act bind the Crown?
5 To what parts of the State does this Act apply?
6 Notes in the text
Chapter 2 What are the purposes of this Act?
Introduction
7 What are the purposes of this Act?
Note
Chapter 3 What is a council’s charter?
Introduction
8 The council’s charter
Chapter 4 How can the community influence what a council does?
Introduction
9 Public notice of meetings
10 Who is entitled to attend meetings?
10A Which parts of a meeting can be closed to the public?
10B Further limitations relating to closure of parts of meetings to public
10C Notice of likelihood of closure not required in urgent cases
10D Grounds for closing part of meeting to be specified
10E (Repealed)
11 Public access to correspondence and reports
12 What information is publicly available?
12A Restriction of access to information
12B Copies of documents
13 Retention and preservation of records
Part 3 Expressions of community opinion
14 Council polls
Division 2 Constitutional referendums
15 What is a constitutional referendum?
16 What matters must be dealt with at a constitutional referendum?
17 What is the effect of a constitutional referendum?
Division 3 General provisions concerning a council poll or constitutional referendum
18 What provisions apply to the conduct of a council poll or constitutional referendum?
19 Day for taking council poll or constitutional referendum
20 When is a question at a council poll or constitutional referendum carried?
Note
Chapter 5 What are a council’s functions?
Introduction
21 Functions under this Act
22 Other functions
23 Supplementary, incidental and consequential functions
23A Director-General’s guidelines
Note
Chapter 6 What are the service functions of councils?
Introduction
24 Provision of goods, services and facilities and carrying out of activities
Note
Division 1 Classification and reclassification of public land
25 All public land must be classified
26 What are the classifications?
27 How are the classifications made?
28 Preparation of draft local environmental plans
29 Public hearing into reclassification
30 Reclassification of community land as operational
31 Classification of land acquired after 1 July 1993
32 Reclassification of land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979
33 Reclassification of operational land as community land
34 Public notice to be given of classification or reclassification by council resolution
Division 2 Use and management of community land
35 What governs the use and management of community land?
36 Preparation of draft plans of management for community land
36A Community land comprising the habitat of endangered species
36B Community land comprising the habitat of threatened species
36C Community land containing significant natural features
36D Community land comprising area of cultural significance
36DA Location of places and items of Aboriginal significance may be kept confidential
36E Core objectives for management of community land categorised as a natural area
36F Core objectives for management of community land categorised as a sportsground
36G Core objectives for management of community land categorised as a park
36H Core objectives for management of community land categorised as an area of cultural significance
36I Core objectives for management of community land categorised as general community use
36J Core objectives for management of community land categorised as bushland
36K Core objectives for management of community land categorised as wetland
36L Core objectives for management of community land categorised as an escarpment
36M Core objectives for management of community land categorised as a watercourse
36N Core objectives for management of community land categorised as foreshore
37 Requirements of plans of management for community land that is not owned by the council
38 Public notice of draft plans of management
39 Notice to owner of draft plan of management
40 Adoption of plans of management
40A Public hearing in relation to proposed plans of management
41 Amendment of plans of management
42 Revocation and cessation of plans of management
43 Public availability of plans of management
44 Use of community land pending adoption of plan of management
45 What dealings can a council have in community land?
46 Leases, licences and other estates in respect of community land—generally
46A Means of granting leases, licences and other estates
47 Leases, licences and other estates in respect of community land—terms greater than 5 years
47A Leases, licences and other estates in respect of community land—terms of 5 years or less
47AA Special provisions for leases, licences and other estates granted for filming projects
47B Lease or licence in respect of natural area
47C Sublease of community land
47D Occupation of community land otherwise than by lease or licence
47E Development of community land
47F Dedication of community land as public road
47G Public hearings
48 Responsibility for certain public reserves
49 Public reserves and drainage reserves provided for in subdivisions
50 Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964
51 Use of land held for drainage purposes
52 Effect of sec 28 of the Environmental Planning and Assessment Act 1979
53 The council’s land register
54 Certificate as to classification of land
54A Community land to be described in common terms
54B Transfer of private trust land under Trustees of Schools of Arts Enabling Act 1902
Note
Part 3 Restraints and qualifications that apply to service functions
55 What are the requirements for tendering?
Division 2 Water supply, sewerage and stormwater drainage works and facilities
56 Application of Division
57 Construction of works
58 Handing over of works
59 Vesting of works
59A Ownership of water supply, sewerage and stormwater drainage works
60 Council works for which the approval of the Minister for Land and Water Conservation is required
61 Directions of the Minister for Land and Water Conservation concerning certain works
62 Powers of Minister during emergencies
63 Effect of failure to comply with directions
64 Construction of works for developers
65 Powers of Minister for Land and Water Conservation—entry on to land and other powers
66 Appointment of administrator
67 Private works
Division 4 Graffiti removal work
67A Graffiti removal work—by agreement with owner or occupier
67B Graffiti removal work—without agreement of owner or occupier
67C Register of graffiti removal work
Chapter 7 What are the regulatory functions of councils?
Introduction
Division 1 What activities require approval?
68 What activities, generally, require the approval of the council?
68A Meaning of “operate a system of sewage management”
69 Crown exemption from approval to do things incidental to erection or demolition of building
70 (Repealed)
71 Use by the Crown of places of public entertainment
72 Determination of applications by the Crown
73 Effect of council’s failure to determine Crown application
74 Prohibition on appeals concerning Crown applications
Division 3 Making and determination of applications for approval—generally
75 Applications for approval
76 What may an application relate to?
77 Relevant regulations and local policies to be brought to notice of intending applicants
78 Who may make an application?
79 What is the form of application?
80 Is there an application fee?
81 What matters must accompany an application?
82 Objections to application of regulations and local policies
83 Ownership and use of plans and specifications
84 Acknowledgment of application
85 Rejection of unclear or illegible applications
86 Request for more information
87 Amendment of applications
88 Withdrawal of applications
89 Matters for consideration
90 Concurrence
91 Giving effect to concurrence
92 Approval where an accreditation is in force
93 Certification by qualified persons
94 Determination of application
95 “Deferred commencement” approval
96 Staged approval
97 Conditions concerning security
98 Other conditions
99 Notice to applicant of determination of application
100 Review of determination
101 Date from which approval operates
102 Insurance for residential building work
102A Evidence of insurance-related matters
103 When does an approval lapse?
104 (Repealed)
105 Circumstances in which approval is taken to have been refused
106 Can approvals be amended?
107 Can approvals be extended or renewed?
107A Special provision—renewal of approvals relating to operation of sewage management systems
108 Can approvals be revoked or modified?
109 In what circumstances can an approval be revoked or modified?
110 Notice to be given of proposed revocation or modification
111 Application of secs 108, 109 and 110 to the Crown
112 Entitlement to compensation
113 Record of approvals
Division 4 Approvals for filming
114 What is the purpose of this Division?
115 Applications for approvals for filming
116 Form of and fees for filming proposal
117 Acknowledgment of application and notification of fees
118 What matters must accompany a filming proposal?
119 Filming protocol to be brought to attention of intending applicants
119A Amendment and withdrawal of applications
119B Application for approvals under Division 3
119C Application for approval other than under Division 3
119D Director-General may approve filming protocol
119E Advertising or notification of applications made in filming proposal
119F Application of this Division
Division 5 Accreditation of components, processes, designs and temporary structures
120 Application for accreditation
121 Determination of application
122 Revocation of accreditation
123 Councils to be informed of accreditation and revocation
123A Application for extension or renewal of accreditation
123B Acceptance of accreditation by others
Note
124 Orders
125 Abatement of public nuisances
126 Giving orders to public authorities
127 Making of regulations for the purposes of this Division
128 Catchment districts
Division 2 Procedures to be observed before giving orders
129 Circumstances in which compliance with this Division is required
130 Effect of compliance with this Division
131 Criteria to be considered before order is given
131A Orders that make or are likely to make residents homeless
132 Notice to be given of proposed order
133 Making of representations
134 Hearing and consideration of representations
135 Procedure after hearing and consideration of representations
136 Reasons for orders to be given
137 Period for compliance with order
138 Notice of right to appeal against order
138A Approval or consent not required to comply with order
139 Order may specify standards and work that will satisfy those standards
140 Compliance with order referred to in sec 139 (2)
141 Council’s response to submission of particulars of work by owner
142 Orders affecting heritage items
143 Combined orders
144 Giving and taking effect of orders
145 Orders may be given to two or more persons jointly
146 Notice in respect of land or building owned or occupied by more than one person
147 Compliance with orders by occupiers or managers
148 Occupier of land may be required to permit owner to carry out work
149–151 (Repealed)
152 Modification of orders
153 Revocation of orders
154 The Minister may exercise any function concerning an order that a council may exercise
155 Effect of inconsistency between council’s order and Minister’s order
156 Minister may revoke or modify a council’s order
157 Limitation on Minister’s orders
Note
Part 3 Adoption of local policies concerning approvals and orders
158 Preparation of draft local policy for approvals
159 Preparation of draft local policy for orders
160 Public notice and exhibition of draft local policy
161 Adoption of draft local policy
162 Director-General’s consent required to exemption from necessity for approval
163 Effect of inconsistency between council’s local policy and this Act or the regulations
164 Local policy not to be more onerous than this Act or the regulations
165 Amendment and revocation of local policy
166 Public notice of adoption of local policy
167 Public availability of local policy
168–175 (Repealed)
Division 1 Approvals and orders
176 Appeal by an applicant concerning an approval
177 Appeal by an applicant as to whether a “deferred commencement” approval operates
178 Appeal against the revocation or modification of an approval
179 Awarding of compensation concerning approvals
180 Appeals concerning orders
181 Awarding of compensation concerning orders
182 Appeals concerning particulars of work submitted to councils
183 Effect of appeal on order
184 Court’s powers not limited by this Division
185 (Repealed)
Chapter 8 What ancillary functions does a council have?
Introduction
186 For what purposes may a council acquire land?
187 How does a council acquire land?
188 Restriction on compulsory acquisition of land for re-sale
189 No restriction as to area
190 Special provisions relating to land containing minerals
Part 2 Entry on to land and other powers
191 Power of entry
191A Power of entry—construction and maintenance of water supply, sewerage and stormwater drainage works
192 Inspections and investigations
193 Notice of entry
194 Use of force
195 Notification of use of force or urgent entry
196 Care to be taken
197 Recovery of cost of entry and inspection
198 Compensation
199 Authority to enter premises
200 In what circumstances can entry be made to a residence?
201 Search warrants
202, 203 (Repealed)
Chapter 9 How are councils established?
Introduction
Division 1 How are areas constituted and dissolved?
204 Constitution of areas
205 Land taken to be included in an area
206 Constitution of cities
207 Names of areas
208 Effect of changing name
209 (Repealed)
210 Division of areas into wards
210A Consultation, public notice and exhibition of proposals regarding ward boundaries
211 Ward boundaries
212 Dissolution of areas
213 Facilitating provisions of proclamations
Division 2 What must be done before areas can be constituted?
Note
214 Exercise of functions under sec 204
215 Who may initiate a proposal?
216 Public notice to be given of a proposal
217 Making of representations
218 Referral of proposal for examination and report
Division 2A How are areas amalgamated or their boundaries altered?
218A Amalgamation of areas
218B Alteration of boundaries of areas
218C Facilitating provisions of proclamations
218CA Maintenance of staff numbers in rural centres
Division 2B What must be done before areas can be amalgamated or their boundaries altered?
218D Exercise of functions under secs 218A and 218B
218E Who may initiate a proposal?
218F Referral of proposal for examination and report
218G–218K(Repealed)
219 Constitution of councils
220 Bodies corporate
221 What is a council’s corporate name?
222 Who comprise the governing body?
223 What is the role of the governing body?
224 How many councillors does a council have?
224A Approval to reduce number of councillors
225 The mayor
226 What is the role of the mayor?
227 Who elects the mayor?
228 How is it decided that the mayor be elected by the electors?
229 Can the decision be changed?
230 For what period is the mayor elected?
231 Deputy mayor
232 What is the role of a councillor?
233 For what period is a councillor elected?
234 When does a vacancy occur in a civic office?
Division 4 Local Government Remuneration Tribunal
235 Local Government Remuneration Tribunal
236 Assessors
237 Provisions relating to the appointment, term of office and remuneration of the Remuneration Tribunal and assessors
238 Functions of the Remuneration Tribunal
239 Categorisation of councils and mayoral offices
240 How are the categories to be determined?
241 Determination of fees
242 Special determinations
243 Inquiries
244 Reports of the Remuneration Tribunal
245 Publication and tabling of reports
246 Effect of determination
247 Assistance for the Remuneration Tribunal
Division 5 What fees, expenses and facilities may be paid or provided to councillors?
248 Fixing and payment of annual fees for councillors
248A Annual fees or other remuneration not to be paid during period of suspension
249 Fixing and payment of annual fees for the mayor
250 At what intervals are fees to be paid?
251 What is the consequence of paying fees?
252 Payment of expenses and provision of facilities
253 Requirements before policy concerning expenses and facilities can be adopted or amended
254 Decision to be made in open meeting
254A Circumstances in which annual fees may be withheld
Division 6 Appointment of administrator
255 Governor may dismiss mayor and councillors
256 Governor may appoint administrator or order fresh election
257 Declaration of council as non-functioning
258 The administrator
259 Temporary exercise of the council’s functions
Part 3 Local Government Boundaries Commission
260 Constitution of the Boundaries Commission
261 Membership of Boundaries Commission
262 How is a panel to be constituted for the purposes of making an appointment as a commissioner?
263 Functions of the Boundaries Commission
264 Can a person be represented in proceedings before the Boundaries Commission?
265 Boundaries Commission may conduct survey or poll
Chapter 10 How are people elected to civic office?
Introduction
266 Who has the right to be enrolled as an elector?
267 Who has the right to vote?
268 One vote per elector
269 Who is a “resident” for the purposes of this Part?
270 Who is an “owner of rateable land” for the purposes of this Part?
271 Who is an “occupier” or “ratepaying lessee” for the purposes of this Part?
272 Competing claimants
273 Application of Part to area not divided into wards
274 What are the qualifications for civic office?
275 Who is disqualified from holding civic office?
276 What is the effect of disqualification?
277 May the holder of a civic office be re-elected?
Part 3 What is the system of election?
278 Election of councillors for an area not divided into wards
279 Alternative methods for election of councillors for an area divided into wards
280 Ward election of councillors—method 1
281 Election of councillors partly by wards, partly by area—method 2
282 Election of mayor
283 Double candidature
284 Voting system for election of the mayor by all the electors of the area
285 Voting system for election of councillors
286 Is voting compulsory?
Part 4 When are elections held?
287 When is an ordinary election of councillors held?
288 Delayed elections of councillors
289 When is an election of a mayor by the electors to be held?
290 When is an election of a mayor by the councillors to be held?
Part 5 How are casual vacancies filled?
291 By-elections
292 When is a by-election to be held?
293 Delayed by-elections
294 Dispensing with by-elections
294A Casual vacancy not to be filled where councillor numbers reduced
295 Casual vacancy in office of mayor elected by the councillors
Part 6 How are elections conducted?
Division 1 The role of the Electoral Commissioner
296 Elections to be conducted by the Electoral Commissioner
297 Delegation of functions by the Electoral Commissioner
Note
298 Residential roll
299 Non-residential roll
300 Roll of occupiers and ratepaying lessees
301 Roll of electors
302 Public inspection of roll of electors
303 Making of claims for inclusion in the roll
304 Enrolment if qualified in more than one respect
305 Can an elector vote if his or her name is not on the roll of electors?
Division 3 Nominations and election
306 Nominations
307 Nomination where name omitted from roll
308 Candidate information sheets
308A Grouping of candidates
308B Group voting—recording of votes
308C Group voting—marking of ballot-papers
308D Group voting—regulations
309 Contested elections
310 Conduct of contested elections
310A Postal votes
311 Uncontested elections
Division 4 Where residents fail to vote
312 Offence
313 List of residents failing to vote
314 Penalty notice to be issued for failure to vote
315 Evidence in list of non-voters
316 Position on ballot-paper
317 Validity of elections
318 Lapsed or void election
Part 6A Postponement of elections
318A Definition
318B Postponement of elections
318C Revocation of postponement
319 Local Government Register of Political Parties
320 Registration of political parties
321 Party endorsement on ballot-papers
322 Independent candidate on ballot-papers
323 Printing of political party name on ballot-papers
324 Form of political party name on ballot-papers
Part 8 Disclosure of election funding
325 Local Government Register of Candidates
326 Local Government Register of Party Agents
327 Local Government Register of Official Agents
328 Obligation to disclose donations and expenditure
Part 9 Dismissal from civic office
329 Can the holder of a civic office be dismissed?
330 Appeals to Supreme Court against dismissal order
331 When does an order of dismissal take effect?
Chapter 11 How are councils staffed?
Introduction
332 Determination of structure
333 Re-determination of structure
Part 2 The general manager and other senior staff
334 Appointment of general manager
335 Functions of general manager
336 Filling of vacancy in position of general manager
337 Council to be consulted as to appointment and dismissal of senior staff
338 Nature of contracts for senior staff
339 Annual reporting of contracts for senior staff
340 Industrial arbitration excluded
341 Duty to report bankruptcy
342 Appointment of the public officer
343 Functions of the public officer
Part 4 Equal employment opportunity
344 Objects
345 Preparation and implementation of EEO management plans
346 Inconsistencies with the Anti-Discrimination Act 1977
347 References
Part 5 Other provisions concerning staff
348 Advertising of staff positions
349 Appointments to be on merit
350 Appointments to which secs 348 and 349 do not apply
351 Temporary appointments
352 Independence of staff for certain purposes
353 Other work
354 Restriction on appointment of a former mayor or councillor
354A Ministerial approval for certain termination payments to senior staff
354B Definitions
354C No forced redundancy of affected staff members during proposal period
354D Preservation of entitlements of staff members
354E Certain increases or decreases in staff entitlements during proposal period not binding on transferee council without approval
354F No forced redundancy of non-senior staff members for 3 years after transfer
354G Lateral transfer of non-senior staff members
354H External advertising not required in certain circumstances
354I Limitations on transfer of work base of non-senior staff
Chapter 12 How do councils operate?
Introduction
355 How does a council exercise its functions?
356 Can a council financially assist others?
357 Can a council exercise its functions only within its area?
358 Restrictions on formation of corporations and other entities
359 Can a council act as an agent?
Note
Part 2 How are decisions made?
Division 1 Code of meeting practice
360 Conduct of meetings of councils and committees
361 Preparation, public notice and exhibition of draft code
362 Adoption of draft code
363 Amendment of the code
364 Public availability of the code
Division 2 Other provisions concerning council meetings
365 How often does the council meet?
366 Calling of extraordinary meeting on request by councillors
367 Notice of meetings
368 What is the quorum for a meeting?
369 Who presides at meetings of the council?
370 What are the voting entitlements of councillors?
371 What constitutes a decision of the council?
372 Rescinding or altering resolutions
373 Committee of council
374 Certain circumstances do not invalidate council decisions
375 Minutes
376 Attendance of general manager at meetings
Part 3 Delegation of functions
377 General power of the council to delegate
378 Delegations by the general manager
379 Delegation of regulatory functions
380 Review of delegations
381 Exercise of functions conferred or imposed on council employees under other Acts
382 Insurance against liability
383 Proposal to establish or dissolve a county council or amend its constitution
384 Public notice to be given of a proposal
385 Making of representations
386 Minister’s recommendation concerning the proposal
387 Formation of county councils
388 Bodies corporate
389 What is a county council’s corporate name?
390 Who comprise the governing body?
391 The chairperson
391A What are the functions of the chairperson?
392 Vacancy in office of member
393 Area of operations of county council
394 Functions of county council
395 General manager of county council
396 How often does a county council meet?
397 Amendment and dissolution of county councils
398 Facilitating provisions of proclamations
399 Making of financial contributions by constituent councils
400 Application of Act to county councils
400AA Special provisions relating to Cudgegong (Abattoir) County Council
400A (Repealed)
Part 6 Public-private partnerships
400B Definitions
400C Guidelines to be followed by councils in relation to public-private partnerships
400D Ancillary provisions relating to PPP guidelines
Division 2 Restrictions relating to public-private partnerships
400E General requirements
400F Council to provide assessment of PPP project to Director-General
400G Minister may require PPP project to be referred to Project Review Committee
400H Director-General may require council to provide assessment of varied PPP project
400I Review of PPP project by Project Review Committee
Division 3 Local Government Project Review Committee
400J Establishment and constitution of Project Review Committee
Division 4 Miscellaneous provisions
400K Compensation not payable
400L Decision by council to enter into public-private partnership
400M No contracting out
400N Application of Part
Chapter 13 How are councils made accountable for their actions?
Introduction
401 Application of Chapter
402 Preparation of draft management plans
403 Contents of draft management plan with respect to council’s work and activities
404 Contents of draft management plan with respect to council’s revenue policy
405 Public notice of draft management plan
406 Adoption of management plan
407 General manager to report periodically on implementation of management plan
408 The council’s funds
409 The consolidated fund
410 Alternative use of money raised by special rates or charges
411 The trust fund
Division 2 Accounting records, financial reports and auditing
412 Accounting records
413 Preparation of financial reports
414 (Repealed)
415 Auditing of financial reports
416 Time for preparation and auditing of financial reports
417 Auditor’s reports
418 Public notice to be given of presentation of financial reports
419 Presentation of the council’s financial reports
420 Submissions on financial reports and auditor’s reports
421 Interim reports
422 Appointment of auditors
423 Disqualified persons
424 Auditor’s term of office
425 Auditor-General to be auditor in certain instances
426 Auditor may exercise general power of inspecting accounting records
427 Powers of auditor
428 Annual reports
Part 5 Inquiries, reviews and surcharging
Division 1 Inquiries and reviews
429 Minister or Director-General may require councils to provide information
429A Complaints about councils, councillors, delegates and staff
430 Director-General may authorise investigation of councils etc
431 Powers of Departmental representatives—generally
432 Entry on to premises
433 Report of investigation
434 Council’s response to report
434A Council’s response to Ombudsman’s report
435 Surcharging by Departmental representative
436 Procedure for surcharging
437 Applications for review by Administrative Decisions Tribunal
438 Recovery of amount surcharged
Chapter 14 Honesty and disclosure of interests
Introduction
439 Conduct of councillors, staff and delegates
440 Codes of conduct
Division 2 Serious corrupt conduct
440A Definition of “serious corrupt conduct”
440B Dismissal from civic office for serious corrupt conduct
440C Temporary suspension from civic office for serious corrupt conduct
440D Temporary suspension of staff in connection with serious corrupt conduct
440E Application of Division
440F Definitions
440G Formal censure of councillor for misbehaviour
440H How is the process for suspension of a councillor for misbehaviour initiated?
440I What are the grounds on which a councillor may be suspended?
440J How are requests and reports dealt with?
440K Suspension by Director-General for misbehaviour
440L When does an order of suspension take effect?
440M Appeals against suspension
440N Referral of matters to Pecuniary Interest and Disciplinary Tribunal
440O Are there alternatives to suspension or referral to Pecuniary Interest and Disciplinary Tribunal?
440P Expenses to be borne by council
440Q Reasons to be given
441 Who are “designated persons”?
442 What is a “pecuniary interest”?
443 Who has a pecuniary interest?
444 What disclosures must be made by a councillor?
445 What disclosures must be made by a designated person?
446 What disclosures must be made by a member of a council committee?
447 What disclosures must be made by council advisers?
448 What interests do not have to be disclosed?
Note
Division 2 Disclosure of interests in written returns
449 Returns disclosing interests of councillors and designated persons
450 (Repealed)
450A Register and tabling of returns
Division 3 Disclosure of pecuniary interests at meetings
451 Disclosure and presence in meetings
452 (Repealed)
453 Disclosures to be recorded
454 General disclosure
455 (Repealed)
456 Disclosure by adviser
457 Circumstances in which secs 451 and 456 are not breached
458 Powers of Minister in relation to meetings
Division 4 Disclosure of pecuniary interests in council dealings
459 Disclosure of pecuniary interests when dealing with council matters
Part 3 Complaints concerning non-disclosure
Note
Division 1 Making and investigation of complaints
460 Complaints concerning failure to disclose pecuniary interests
461 Director-General may require further information
462 Investigation of complaints
463 Decision not to investigate a complaint
464 Referral and investigation of complaints by other authorities
465 Pecuniary Interest and Disciplinary Tribunal to be notified of investigations
466 Persons to be notified of complaint
467 Reports of investigation of complaints by authorities
468 Presentation of reports to Pecuniary Interest and Disciplinary Tribunal
469 Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a complaint
470 Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing
Division 3 Proceedings before the Pecuniary Interest and Disciplinary Tribunal—misbehaviour matters
470A Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a referred matter relating to misbehaviour
470B Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing
Division 4 Proceedings before the Pecuniary Interest and Disciplinary Tribunal—general provisions
471 General conduct of proceedings
472 Private and public hearings
473 Representation at hearings
474 Presentation of cases at hearings
475 Power to summon witnesses and take evidence at hearings
476 Power to obtain documents
477 Privilege concerning answers and documents
478 Additional complaints
479 Adjournments
480 Release of information
481 Witnesses’ expenses
482 Decision of Pecuniary Interest and Disciplinary Tribunal—pecuniary interest matters
482A Decision of Pecuniary Interest and Disciplinary Tribunal—misbehaviour matters
483 Standard of proof
484 Pecuniary Interest and Disciplinary Tribunal to provide details of its decisions
485 Appeals to Supreme Court
486 Referral of matters by Pecuniary Interest and Disciplinary Tribunal
486A Contempt of Pecuniary Interest and Disciplinary Tribunal
Note
Part 4 Local Government Pecuniary Interest and Disciplinary Tribunal
487 Establishment of Pecuniary Interest and Disciplinary Tribunal
488 Constitution of Pecuniary Interest and Disciplinary Tribunal
489 Functions of Pecuniary Interest and Disciplinary Tribunal
490 Annual report
490A Acts of disorder
490B Certain regulations not affected
Chapter 15 How are councils financed?
Introduction
Part 1 An overview of rates and charges
491 Some sources of a council’s income
492 What are the types of rates?
493 Categories of ordinary rates and categories of land
494 Ordinary rates must be made and levied annually
495 Making and levying of special rates
496 Making and levying of annual charges for domestic waste management services
497 What is the structure of a rate?
498 The ad valorem amount
499 The base amount
500 Limit on revenue that can be raised from base amount
501 For what services can a council impose an annual charge?
502 Charges for actual use
503 What is the relationship between rates and charges?
504 Domestic waste management services
Part 2 Limit of annual income from rates and charges
505 Application of Part
506 Variation of general income
507 Variation of annual charges for domestic waste management services
508 Orders under secs 506 and 507
508A Special variation over a period of years
509 Maximum general income for a year
510 Maximum annual charge for domestic waste management services
511 Catching up of shortfall in general income
511A Catching up of income lost due to reductions in valuation
512 Effect of contravening section 509, 510, 511 or 511A
513 Estimates of increases and decreases in value for purposes of notional rate income
Note
514 Categorisation of land for purposes of ordinary rates
515 Categorisation as farmland
516 Categorisation as residential
517 Categorisation as mining
518 Categorisation as business
518A Strata lots and company titles taken to be separate parcels of land for categorisation
518B Mixed development land
519 How is vacant land to be categorised?
520 Notice of declaration of category
521 When does the declaration of a category take effect?
522 When does the declaration of a category cease?
523 When are the declarations of categories reviewed?
524 Notice of change of category
525 Application for change of category
526 Appeal against declaration of category
527 Adjustment of rates following change in category
528 Rate may be the same or different for different categories
529 Rate may be the same or different within a category
530 (Repealed)
531 What provisions of this Part apply to the determination of sub-categories?
531A Adjustment of charges following change in category
531B Aggregation of certain parcels subject to a charge
Part 4 Making of rates and charges
532 Publication of draft management plan
533 Date by which a rate or charge must be made
534 Rate or charge to be made for a specified year
535 Rate or charge to be made by resolution
536 What criteria are relevant in determining the base amount?
537 Form of resolution specifying base amounts of rates
538 Form of resolution for special rate
539 What criteria are relevant in determining the amount of a charge?
540 Form of charge
541 Differing amounts of a charge
542 Minimum amounts of charges
543 Each form of rate and each charge to have its own name
544 Inclusion of names in rates and charges notices
545 Curing of irregularities
Note
Part 5 Levying of rates and charges
546 How is a rate or charge levied?
547 Method of rating dwellings under company title
548 Minimum amounts
548A Aggregation of values of certain parcels subject to rates containing base amounts
549 Reduction of rates containing base amounts if levied on vacant land
550 Charge of rates and charges on land
Division 2 Special rates and charges relating to water supply, sewerage and drainage
551 Application of Division 2
552 What land may be subject to a water supply special rate or charge?
553 Time at which land becomes subject to special rate or charge
554 What land is rateable?
555 What land is exempt from all rates?
556 What land is exempt from all rates, other than water supply special rates and sewerage special rates?
557 What land is exempt from water supply special rates and sewerage special rates?
558 What land and bodies may be exempted from water supply special rates and sewerage special rates?
559 Determination as to whether a body is a public benevolent institution or public charity
Part 7 Payment of rates and charges
560 Who is liable to pay rates?
561 Who is liable to pay charges?
562 Payment of rates and annual charges
563 Discount for prompt payment in full
564 Agreement as to periodical payment of rates and charges
565 Capital contributions instead of payment of special rates or charges
566 Accrual of interest on overdue rates and charges
567 Writing off of accrued interest
568 Application of payments
569 Liability of the occupier
570 Transfer of land in payment of rates or charges
571 What happens if land is transferred?
572 What happens if the rateability of land changes?
573 What happens if land is subdivided?
574 Appeal on question of whether land is rateable or subject to a charge
Division 1 Concessions for pensioners
575 Reductions for eligible pensioners
576 Application of this Division to postponed rates
577 Extension of concession to avoid hardship
578 When does an order under sec 577 take effect?
579 When and how is an application made for the purposes of this Division?
580 Variation by regulation of amounts of reductions
581 Reimbursement of councils by Parliament
582 Abandonment of pensioners rates and charges
583 Writing off of pensioners rates and charges
584 Ending of concession
Note
585 Who may apply for postponement of rates?
586 Applications to be referred to Valuer-General
587 Attributable part of land value of land
588 Determination of attributable part of land value by Valuer-General
589 Redetermination of attributable part of land value
590 Use of determination of attributable part of land value
591 Postponement of rates
592 Interest on postponed rates
593 Paid rates to be refunded
594 Adjustment of rates
595 Rates to be written off after 5 years
596 Change of circumstances
597 Entitlement to postponement ceases
598 Redetermination on partial change of circumstances
599 When and how is an application made for the purposes of this Division?
600 Rebates in respect of certain land vested in public bodies
601 Hardship resulting from certain valuation changes
Part 9 Miscellaneous matters concerning rates and charges
602 Record of rates and charges
603 Certificate as to rates and charges
604 Notice of transfer of land
605 Expenses of tracing persons
606 Notice of granting of certain Crown leases
607 Writing off of rates, charges and accrued interest
Division 1 Council fees—general
607A Interpretation
608 Council fees for services
609 (Repealed)
610 Effect of other Acts
Division 2 Council fees for business activities
610A Application of Division
610B Fees to be determined in accordance with pricing methodologies
Division 3 Council fees for non-business activities
610C Application of Division
610D How does a council determine the amount of a fee for a service?
610E Council may waive or reduce fees
610F Public notice of fees
Division 4 Certain annual charges
611 Annual charge on rails, pipes etc
612 (Renumbered as sec 610F)
613 Constitution of the Local Government Grants Commission
614 Membership of Grants Commission
615 What are the functions of the Grants Commission and the Minister under this Part?
616 How does the Grants Commission decide on its recommendations?
617 What information does the Minister have to provide?
618 What other functions does the Grants Commission have?
619 What happens to the money paid to the State under the Commonwealth Act?
620 Making of grants by the Minister
621 When and for what may a council borrow?
622 What form may a council borrowing take?
623 Security for borrowings
624 Are there any restrictions on a council borrowing?
625 How may councils invest?
Introduction
626 Failure to obtain approval
627 Failure to comply with approval
628 Failure to comply with order
629 Injuring or removing plants, animals, rocks and soil in or from public place
630 Breaking glass and other matter
631 Damaging, defacing or polluting public bathing place
632 Acting contrary to notices erected by councils
633 Bathing (including nude bathing) and other water-based recreational activities
633A Use of skateboards, roller blades and roller skates
633B Part not to apply to National Park reserves
633C Part not to affect roads and traffic functions under other Acts
Part 3 Water, sewerage and stormwater drainage offences
634 Water, sewerage and stormwater drainage offences
635 Damage to council property
636 Tampering with meters and fittings
637 Waste or misuse of water
638 Discharge of prohibited matter into sewer or drain
639 Pollution of public water supply
640 Offences in catchment districts
641 (Repealed)
642 Drinking of alcohol in alcohol-free zone
643 Confiscation of alcohol
644 Proposal for establishment of alcohol-free zone
644A Public consultation on proposal to establish alcohol-free zone
644B Establishment of alcohol-free zones
644C Operation of alcohol-free zones
645 Suspension or cancellation
646 Guidelines for alcohol-free zones
647 Penalty notices
648 Other laws not affected
649 Fine defaulters not to be detained
650 Free parking areas
651 Liability of vehicle owner for certain offences
Part 5A Immobilisation and detention of vehicles
651A Application of Part
651B Immobilisation of vehicles
651C Unlawful detention of vehicles
Part 6 Offence relating to civic office
652 Acting in civic office while subject to disqualification
653–658 (Repealed)
659 Production of certificate of authority to enter premises
660 Obstruction
661 Failure to comply with certain directions
662 Occupier, manager or agent refusing to give name of owner
663 Owner refusing to give name of manager or occupier
664 Disclosure and misuse of information
665 False or misleading information
666 Wilful destruction of documents
667 Wilful destruction of notices and signs
668 Attempts
669 Penalties extended to persons causing offence
670 Notices and signs
671 Proof of lawful or reasonable excuse
Introduction
672 What constitutes a breach of this Act for the purposes of this Part?
673 Remedy or restraint of breaches of this Act—the Minister, the Director-General and councils
674 Remedy or restraint of breaches of this Act—other persons
675 Time limit on proceedings questioning the validity of approvals
676 Functions of the Land and Environment Court
677 Compensation may be awarded against vexatious litigants
678 Failure to comply with order—carrying out of work by the council
679 Penalty notices for certain offences
680 Demanding name of offender
681 Removal of offenders from community land
681A Confiscation of recreational equipment
Part 2 Proceedings by the council or its employees
682 Power to appear before local land boards
683 Authentication of documents
684 Laying of informations
685 Certain allegations in informations
686 Ownership of council property
687 Appearance in Local Court
688 Bankruptcy
689 Payment of expenses of employee
690 Other remedies
691 Proceedings for offences
691A, 692 (Repealed)
693 Time for bringing proceedings concerning electoral offences
694 Application of penalties
695 Suing for debts
696 Apportionment of expenses
697 Formal matters
698 Judicial notice of certain documents
699 Service of notices
700 Proof of ownership of, or leasehold estate in, land
701 Evidence as to whether a place is a public road
702 Offences on boundaries of areas
703 Minutes
704 Delineation of local government boundaries by reference to maps
Division 3 Notices by the council
705 What is public notice?
706 What happens after a council gives public notice?
707 Publication of notices in Gazette and newspaper
708 The Crown
709 Corporations
710 Service of notices on persons
711 Effect of service on successors in title
Division 4 Legal proceedings for the recovery of rates and charges
712 Special provisions with respect to the recovery of unpaid rates and charges
Division 5 Sale of land for unpaid rates and charges
713 Sale of land for unpaid rates and charges
714 Estates and interests of the Crown in land
715 Notice of proposal to sell land
716 Sale of land by public auction
717 Payment of purchase money
718 Application of purchase money
719 What if the purchase money is less than the amounts owing?
720 What if the purchase money is more than the amounts owing?
721 Apportionment of rates on subdivided land
722 Conveyance or transfer of the land
723 Land is conveyed free of certain interests
724 Special provisions concerning leases of land owned by the Crown
725 Transfers not invalid because of procedural irregularities
726 Registration of transfer of land under the Real Property Act 1900
Part 3 Proceedings against councils, councillors and staff
727 Service of documents
728 Suing for penalty
729 Proceedings alleging non-compliance with a procedural requirement
730 Compensation
731 Liability of councillors, employees and other persons
732 Exemption from liability—accreditation and certification
733 Exemption from liability—flood liable land and land in coastal zone
Introduction
734 Public hearings by a council
734A Preliminary enquiries by Director-General
735 Notices to be given in writing
735A Certificate as to notices
736 Proclamations
737 Correcting errors
738 Validity of proclamations
739 Protection of privacy
740 Public inquiries
740A Ministerial committees
741 Exemption from taxes
742 Dispute resolution
743 Property in waste
744 Delegation of functions by the Minister
745 Delegation of functions by the Director-General
746 Authorised officers
747 Review of Act
748 Regulations
Part 3 Savings, transitional and other provisions
749 Savings, transitional and other provisions
750 (Repealed)
Schedule 1 Local Government Remuneration Tribunal and assessors
Schedule 2 Membership and procedure of the Boundaries Commission
Schedule 3 Provisions relating to members and procedure of Project Review Committee
Schedule 4 Local Government Pecuniary Interest and Disciplinary Tribunal
Schedule 5 Local Government Grants Commission
Schedule 7 Savings, transitional and other provisions consequent on the enactment of this Act
Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts
Schedule 9 Special provisions relating to Cudgegong (Abattoir) County Council