- Local Government Act 1993 No 30
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 What are the purposes of this Act?
- Chapter 3 Principles for local government
- Chapter 4 How can the community influence what a council does?
- Part 1 Open meetings
- 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- 10E (Repealed)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
- Part 2
- Part 3 Expressions of community opinion
- Chapter 5 What are a council’s functions?
- Chapter 6 What are the service functions of councils?
- Part 1 General
- Part 2 Public land
- 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 Forwarding of planning proposals to Minister for Planning
- 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
- Division 3 Miscellaneous
- 47G Public hearings
- 48 Responsibility for certain public reserves
- 49 Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance
- 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 certain institutional private trust land
- Note
- Part 2A Environmental upgrade agreements
- 54C Definitions
- 54D Environmental upgrade agreement
- 54E What are environmental upgrade works?
- 54F Buildings that can be subject of environmental upgrade agreement
- 54G Contents of environmental upgrade agreement
- 54H Council fees under agreement
- 54I Power to levy environmental upgrade charge
- 54J Application of other charge provisions to environmental upgrade charge
- 54K Special provisions relating to strata buildings
- 54L Payment of environmental upgrade charge
- 54M Liability of council to recover charge
- 54N Recovery of contributions from lessees
- 54O Agreements to be made on a voluntary basis
- 54P Reporting requirements
- 54Q Guidelines
- 54R Changes to council area
- Part 3 Restraints and qualifications that apply to service functions
- Division 1 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 Primary Industries is required
- 61 Directions of the Minister for Primary Industries 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 Primary Industries—entry on to land and other powers
- 66 Appointment of administrator
- Division 3 Private works
- Division 4
- Chapter 7 What are the regulatory functions of councils?
- Part 1 Approvals
- Division 1 What activities require approval?
- Division 2 Crown activities
- 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 security deposits, bonds, fees and charges 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
- 119CA Presumption in favour of grant of approval
- 119D Applicable filming protocol
- 119E Advertising or notification of applications made in filming proposal
- 119F Application of this Division
- Division 5 Accreditation of components, processes and designs
- Note
- Part 2 Orders
- Division 1 Giving of orders
- 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
- Division 3 Orders generally
- 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 Departmental Chief Executive’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
- Part 4
- Part 5 Appeals
- 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
- Division 2
- Chapter 8 What ancillary functions does a council have?
- Part 1 Acquisition of land
- 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?
- Part 1 Areas
- 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
- 210B Approval to abolish all wards in council’s area
- 211 Ward boundaries
- 212 Dissolution of areas
- 213 Facilitating provisions of proclamations
- Division 2 What must be done before areas can be constituted?
- Division 2A How are areas amalgamated or their boundaries altered?
- Division 2B What must be done before areas can be amalgamated or their boundaries altered?
- Division 2C
- Part 2 Councils
- Division 1 Constitution
- Division 2 The mayor
- Division 3 The councillors
- 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
- 242A Tribunal to give effect to declared government policy on remuneration for public sector staff
- 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
- 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?
- Part 1 Who may vote?
- 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
- Part 2 Who may be 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?
- Part 5 How are casual vacancies filled?
- 291 By-elections
- 291A Countback to be held instead of by-election in certain circumstances
- 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
- 294B Casual vacancy not to be filled where councillor numbers reduced—approved by constitutional referendum
- 295 Casual vacancy in office of mayor elected by the councillors
- Part 6 How are elections conducted?
- Division 1 Administration of elections
- Division 2 Electoral rolls
- 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
- 310B Elections may be conducted exclusively by postal voting
- 311 Uncontested elections
- Division 4 Where residents fail to vote
- Division 5 Miscellaneous
- Part 6A Postponement of elections
- Part 7 Political parties
- Part 8 Enforcement powers in relation to elections
- Part 8A Political donations
- Part 9 Dismissal from civic office
- Chapter 11 How are councils staffed?
- Part 1 Organisation 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 (Repealed)
- 340 Industrial arbitration excluded
- 341 Duty to report bankruptcy
- Part 3 The public officer
- Part 4 Equal employment opportunity
- 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
- Part 6 Arrangements for council staff affected by the constitution, amalgamation or alteration of council areas
- 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?
- Part 1 General
- Part 2 How are decisions made?
- Division 1 Code of meeting practice
- 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?
- 370A Powers of Minister in relation to meetings
- 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
- 375A Recording of voting on planning matters
- 376 Attendance of general manager at meetings
- Part 3 Delegation of functions
- Part 4 Insurance
- Part 5 County councils
- 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 Legal status of county councils
- 389 What is a county council’s 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
- 394A County councils to consider regional strategies
- 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
- Division 1 Preliminary
- Division 2 Restrictions relating to public-private partnerships
- 400E General requirements
- 400F Council to provide assessment of PPP project to Departmental Chief Executive
- 400G Minister may require PPP project to be referred to Project Review Committee
- 400H Departmental Chief Executive 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
- Division 4 Miscellaneous provisions
- Part 7 Joint organisations
- 400O Formation of joint organisations
- 400P Council must approve inclusion of council area in joint organisation area
- 400Q Legal status of joint organisations
- 400R Principal functions of joint organisations
- 400S Other functions of joint organisations
- 400T Board of joint organisation
- 400U Role of board
- 400V Chairperson
- 400W Alternates for voting representatives
- 400X Vacancy in office of representatives or non-voting chairperson
- 400Y Executive officer
- 400Z Exercise of functions
- 400ZA Decisions and powers of joint organisations
- 400ZB Effect of appointment of administrator for member council
- 400ZC Amendment and dissolution of joint organisations
- 400ZD Facilitating provisions of proclamations
- 400ZE Delegations
- 400ZF Financial matters
- 400ZG Staff
- 400ZH Application of Act to joint organisations
- Chapter 13 How are councils made accountable for their actions?
- Part 1 Preliminary
- Part 2 Strategic planning
- Part 3 Financial management
- Division 1 Funds
- 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 council’s financial reports
- 420 Submissions on financial reports and auditor’s reports
- 421 Interim reports
- Division 2A Other audit functions
- Division 3 Auditors
- Part 4 Annual reports
- Part 5 Inquiries, reviews and surcharging
- Division 1 Inquiries and reviews
- 429 Provision of documents or information about council
- 429A Complaints about councils, councillors, delegates and staff
- 430 Departmental Chief Executive may investigate councils
- 431 Powers in connection with investigation
- 432 Entry on to premises
- 433 Report of investigation
- 434 Council’s response to report
- 434A Council’s response to Ombudsman’s report
- 434B Expenses of investigation to be borne by council
- 434C Self-incrimination
- Division 2 Surcharging
- Part 6 Performance management
- 438A Performance improvement order
- 438B Criteria to be considered by Minister
- 438C Minister to give notice of intention to issue or vary performance improvement order
- 438D Performance improvement order to be made public
- 438E Compliance with performance improvement order
- 438F Compliance report
- 438G Appointment of temporary adviser
- 438H Co-operation with temporary adviser
- 438HA Enforcement of performance improvement order against councillor
- 438HB Appointment of financial controller
- 438HC Operations of financial controller
- Part 7 Temporary suspension of council
- 438I Power of Minister to suspend council
- 438J Criteria to be considered by Minister
- 438K Minister to give notice of intention to suspend council
- 438L Effect of suspension on councillors
- 438M Appointment of interim administrator
- 438N Report by interim administrator
- 438O Suspension period
- 438P Performance improvement orders during suspension period
- 438Q Maximum number of suspensions
- 438R Ordinary election during suspension period
- 438S Election of mayor during suspension period
- 438T No amalgamations or alterations to area during suspension
- Part 8 Public inquiries
- 438U Public inquiries
- 438V Expenses of public inquiry to be borne by council in certain circumstances
- 438W Suspension of council during public inquiry
- 438X Effect of suspension
- 438Y Appointment of interim administrator
- 438Z Termination of suspension
- 438ZA Ordinary election during suspension period
- 438ZB Election of mayor during suspension period
- 438ZC Issue of performance improvement orders in response to public inquiry
- Part 9 General
- Chapter 14 Honesty and disclosure of interests
- Part 1 Conduct
- Division 1 Conduct generally
- Division 2 Serious corrupt conduct
- 440A Definition of “serious corrupt conduct”
- 440B Dismissal and disqualification 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
- Division 3 Misconduct
- 440F Definitions
- 440G Formal censure of councillor for misconduct
- 440H Departmental Chief Executive may investigate or seek report on misconduct of councillor
- 440I Departmental Chief Executive may take disciplinary action for misconduct
- 440J Alternatives to disciplinary action by the Departmental Chief Executive
- 440K Suspension of a councillor
- 440L Appeals against disciplinary action
- 440M Expenses to be borne by council
- 440N Investigation of former councillors
- 440O Self-incrimination
- 440P Service of departmental documents
- 440Q (Repealed)
- Part 2
- Part 3 Complaints concerning non-disclosure and proceedings before NCAT
- Division 1 Making and investigation of complaints
- 460 Complaints concerning failure to disclose pecuniary interests
- 461 Departmental Chief Executive 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 NCAT 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 NCAT
- Division 2 Proceedings before NCAT—pecuniary interests matters not involving councillors or administrators
- Division 3 Proceedings before NCAT—misconduct matters
- Division 4 Proceedings before NCAT—general provisions
- 471–477 (Repealed)
- 478 Additional complaints
- 479–481 (Repealed)
- 482 Decision of NCAT—pecuniary interests matters not involving councillors or administrators
- 482A Decision of NCAT—misconduct matters
- 483–485 (Repealed)
- 486 Referral of matters by NCAT
- 486A Exclusive jurisdiction of NCAT over pecuniary interests contraventions (other than by councillors and administrators)
- Part 4
- Part 5 Miscellaneous
- Chapter 15 How are councils financed?
- 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
- 495A Strata lots and company titles taken to be separate parcels of land for annual charges
- 496 Making and levying of annual charges for domestic waste management services
- 496A Making and levying of annual charges for stormwater management services
- 496B Making and levying of annual charges for coastal protection 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
- 510A Maximum annual charge for stormwater 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, 510A, 511 or 511A
- 513 Estimates of increases and decreases in value for purposes of notional rate income
- Note
- Part 3 Ordinary rates
- 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?
- Part 3A Charges
- Part 4 Making of rates and charges
- 532 Publication of draft operational 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
- Division 1 General
- 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
- Division 3 Coastal protection service charges
- Part 6 What land is rateable?
- 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
- Part 8 Concessions
- 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
- Division 2 Other concessions
- 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
- 606A Estimates of coastal protection service charges
- 606B Review of cost of coastal protection service charges on request of ratepayer
- 606C Review of cost of coastal protection service charges on direction of Minister administering Coastal Management Act 2016
- 607 Writing off of rates, charges and accrued interest
- Part 10 Fees
- Part 11 Grants
- 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
- Part 12 Loans
- Part 13 Investments
- Chapter 16 Offences
- Part 1 General offences
- Part 2 Public places
- 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
- 632A Confiscation of alcohol in certain public and other places
- 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 or State forests
- 633C Part not to affect roads and traffic functions under other Acts
- Part 3 Water, sewerage and stormwater drainage offences
- Part 4 Street drinking
- 642 Confiscation of alcohol in alcohol-free zones
- 643 (Repealed)
- 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 (Repealed)
- 648 Other laws not affected
- 649 (Repealed)
- Part 5 Parking
- Part 5A Immobilisation and detention of vehicles
- Part 6 Offence relating to civic office
- Part 7
- Part 8 Miscellaneous
- 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
- Chapter 17 Enforcement
- Part 1 General
- Division 1 Legal proceedings
- 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 Departmental Chief Executive and councils
- 674 Remedy or restraint of breaches of this Act—other persons
- 674A Provisions of Act that do not give rise to or affect legal proceedings
- 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
- Division 2 Other remedies
- Part 2 Proceedings by the council or its employees
- Division 1 General
- 682 (Repealed)
- 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
- 695A Referral of unpaid amounts for debt recovery action
- 696 Apportionment of expenses
- Division 2 Evidence
- 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
- Division 4 Legal proceedings for the recovery of 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
- Chapter 18 Miscellaneous
- Part 1 General
- 734 Public hearings by a council
- 734A Preliminary enquiries by Departmental Chief Executive
- 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
- 739A Retention, preservation and destruction of records
- 740 (Repealed)
- 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 Departmental Chief Executive
- 746 Authorised officers
- 747 Review of Act
- Part 2 Regulations
- Part 3 Savings, transitional and other provisions
- Part 4
- 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 (Repealed)
- Schedule 5 Local Government Grants Commission
- Schedule 6 Regulations
- Schedule 6A (Repealed)
- 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
- Dictionary
- Historical notes
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Local Government Act 1993 No 30
Current
version for 25 June 2019 to date (accessed 19 August 2019 at 22:28)
375 Minutes
(1) The council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the council.(2) The minutes must, when they have been confirmed at a subsequent meeting of the council, be signed by the person presiding at that subsequent meeting.