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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 20 September 2019 at 04:40)
Chapter 18
Chapter 18 Miscellaneous
Part 1 General
734   Public hearings by a council
(1)  This section applies to a public hearing that by this Act (section 29 (1) excepted) is required to be arranged by a council with respect to any matter.
(2)  The public hearing is to be conducted in such manner as is determined by the council, subject to this Act and the regulations.
(3)  A report of the public hearing must be furnished to the council and the council must make the report public.
(4)  The council must consider the report before making any decision with respect to the matter to which it relates.
734A   Preliminary enquiries by Departmental Chief Executive
(1)  The Departmental Chief Executive may make preliminary enquiries for the purpose of deciding whether to exercise any of his or her powers of investigation under this Act or powers to authorise an investigation under this Act.
(2)  The enquiries may be made whether or not a complaint has been made under this Act in connection with any matter to which the enquiries relate.
735   Notices to be given in writing
Every notice under this Act must be by instrument in writing, except where this Act expressly authorises another means of giving notice.
735A   Certificate as to notices
(1)  A person may apply to a council for a certificate as to whether there are any outstanding notices issued by the council under this Act in respect of any land within the council’s area.
(2)  The application must be in the approved form and be accompanied by the approved fee.
(3)  The council is to issue a certificate to the applicant stating:
(a)  whether or not a notice is outstanding in respect of the land as at the date of the certificate and, if so, the terms of the notice, and
(b)  any action proposed to be taken or that may be taken by the council in relation to the notice.
(4)  The production of the certificate is taken for all purposes to be conclusive proof of the existence or otherwise of any outstanding notices.
Note.
 Notice is defined in the Dictionary for this Act as including a notification, order, direction and demand.
736   Proclamations
(1)  The Governor may, by proclamation, rescind, revoke, amend or vary any order, proclamation or notification under the Local Government Act 1919 or this Act, other than an order or notification given or made by a council.
(2)  Except with the consent of any council the interests of which may be concerned, this section or any proclamation under it is not to affect anything done before the publication of the proclamation.
737   Correcting errors
An error in a proclamation may be corrected by a subsequent proclamation which may be expressed to take effect at the same time as the earlier proclamation took effect or at a later time.
738   Validity of proclamations
(1)  A proclamation or notification of the Governor purporting to be made under this Act and being within the powers conferred on the Governor is not invalid because of any non-compliance with any matter required by this Act as a preliminary to the making of the proclamation or notification.
(2)  A misnomer or inaccurate description or omission of description in any proclamation or notification under this Act does not affect the operation of the proclamation or notification.
739   Protection of privacy
(1)  A person may request that any material that is available (or is to be made available) for public inspection by or under this Act be prepared or amended so as to omit or remove any matter that would disclose or discloses the person’s place of living if the person considers that the disclosure would place or places the personal safety of the person or of members of the person’s family at risk.
(2)  A person who may make a request under this section includes a person who is entitled to be enrolled as an elector.
(3)  The request is to be made to the general manager or, in the case of the residential roll for an area, the Electoral Commissioner.
(4)  The request is to be in the form prescribed by the regulations, to give particulars of the relevant risk and to be verified by statutory declaration by the person making the request or by some other person.
(5)  The person to whom the request is made may grant the request if satisfied that disclosing or continuing to disclose the matter would place or places the personal safety of the person or of members of the person’s family at risk.
(6)  The person to whom the request is made must notify the person concerned of the decision to grant or refuse the request.
(7)  The Electoral Commissioner must not include in the residential roll for an area the address of an elector whose request under this section is granted by the Electoral Commissioner.
(8)  The general manager, in relation to:
(a)  the non-residential roll and the roll of occupiers and ratepaying lessees for the area, and
(b)  any other material that is available (or is to be made available) for public inspection by or under this Act,
must not include in the roll or other material the address of a person whose request under this section is granted by the general manager. However, in the case of material other than a roll, the general manager may include the address of a person if the name of the person is excluded from the material.
739A   Retention, preservation and destruction of records
The council must retain, preserve and destroy its records in accordance with any approved standards.
740   (Repealed)
740A   Ministerial committees
(1)  The Minister may establish committees in addition to those established by this Act.
(2)  The functions of a committee established under this section are to be as determined by the Minister.
(3)  The regulations may make provision for or with respect to the constitution and procedure of a committee established under this section.
741   Exemption from taxes
(1)  Unless the contrary is expressly provided by any Act, taxes and stamp duties are not chargeable or payable under any Act on any of the following:
(a)  any land vested in or under the management and control of the council,
(b)  any property or income of the council,
(c)  any receipt or release from debt given by one employee of a council to another in the course of the internal administration of the council’s business,
(d)  any receipt for any money, or for the return of any money deposited by any person with the council in relation to any contract entered into by the person with the council, or in relation to any tender made by the person for any contract with the council.
(2)  This section does not extend to any rate, charge or assessment made or levied by the following:
(a)  another council,
(b)  the Sydney Water Corporation,
(c)  the Hunter Water Corporation,
(d)  Water NSW,
(e)  a water supply authority,
(f)  the Commissioner of Fire and Rescue NSW,
(g)  a person prescribed by the regulations.
742   Dispute resolution
(1)  If any difference, whether arising out of the construction of this Act or not, arises between the councils of any two or more areas, or between two or more county councils or between one or more councils and one or more county councils, or between any of them and one or more Departments of the Government, with respect to:
(a)  the carrying out of the provisions of this Act, or
(b)  the fulfilment and exercise of the functions of councils under any Act,
and if after diligent efforts to resolve the difference it remains unresolved, either or any of the parties to the dispute may submit the matter to the Minister.
(2)  The Minister may inquire into the matter or may refer the matter for inquiry to some person appointed by the Minister.
(3)  Before making such an inquiry into any matter relating to the carrying out by a council of a provision of this or any other Act that is administered by another Minister, the Minister must consult the other Minister.
(4)  For the purposes of or after the inquiry, the Minister may make any order that in the public interest and in the circumstances of the case seems just and equitable.
(5)  Such an order may direct the payment of any costs and expenses incidental to the conduct of the inquiry.
(6)  An order may, on the application of the Minister or of either or any party, by leave of the Supreme Court, be enforced in the same manner as a judgment or order of the Court.
(7)  In this section, Department of the Government includes any public authority and any of the following:
•  Rail Corporation New South Wales
•  Residual Transport Corporation of New South Wales
•  Sydney Trains
•  NSW Trains
•  the Commissioner of Fire and Rescue NSW
•  the New South Wales Land and Housing Corporation
•  a water supply authority
•  the Health Administration Corporation
•  the New South Wales Health Foundation
•  a public health organisation within the meaning of the Health Services Act 1997
•  the Ambulance Service of New South Wales
•  any trust constituted under the Water Act 1912 and any union constituted under the Drainage Act 1939
•  Crown land manager of any public reserve, water reserve, or cemetery, or of any land, appointed by or under the Crown Land Management Act 2016 or the trustees of any lands or works held, constructed, or used for any public purpose
•  a trust established by or under the Commons Management Act 1989
•  the Forestry Corporation
•  the Zoological Parks Board of New South Wales
•  the New South Wales Meat Industry Authority
•  the Sydney Harbour Foreshore Authority
•  Sydney Metro.
(8)  This section does not apply to a dispute arising under the Roads Act 1993.
Note.
 Disputes involving councils and public sector bodies may also be resolved by arbitration or other forms of negotiated settlement.
743   Property in waste
All waste removed from any land or premises by or on behalf of the council or received at a depot of the council is the property of the council.
744   Delegation of functions by the Minister
The Minister may delegate to any person any of the Minister’s functions under this Act, other than this power of delegation.
745   Delegation of functions by the Departmental Chief Executive
(1)  The Departmental Chief Executive may delegate to any person any of the Departmental Chief Executive’s functions under this Act, other than this power of delegation.
(2)  A delegate may subdelegate to a person employed in the Department any function delegated by the Departmental Chief Executive if the delegate is authorised in writing to do so by the Departmental Chief Executive.
746   Authorised officers
(1)  The Departmental Chief Executive may authorise a person who is employed in the Department to enter and inspect any premises to determine whether the provisions of this Act or the regulations are being complied with in relation to those premises.
(2)  Part 2 of Chapter 8 applies, in relation to the functions of a person authorised under this section, to the Departmental Chief Executive and a person so authorised in the same way as it applies to a council and a council employee (or other person) authorised by the council.
747   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Part 2 Regulations
748   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, the regulations may make provision for or with respect to a matter specified in Schedule 6.
(3)  The regulations may create offences in connection with elections and polls under this Act by adopting, with such modifications as are necessary, any of the provisions of the Electoral Act 2017.
(4)  The regulations may create an offence punishable by a penalty not exceeding 10 penalty units or, in the case of an offence created as referred to in subsection (3), not exceeding the penalty provided for the corresponding offence in the Electoral Act 2017.
(5)  The regulations may incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by any authority or body, whether or not it is a New South Wales authority or body.
(6)  If any requirement with respect to water, sewerage or drainage works imposed by the regulations is inconsistent with the requirements of the Plumbing and Drainage Act 2011 or the regulations under that Act with respect to the same work, that Act and any regulations under that Act prevail to the extent of the inconsistency.
Part 3 Savings, transitional and other provisions
749   Savings, transitional and other provisions
Schedules 7 and 8 have effect.
Part 4
750   (Repealed)