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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 20:18)
Chapter 9 Part 1
Part 1 Areas
Division 1 How are areas constituted and dissolved?
204   Constitution of areas
(1)  The Governor may, by proclamation, constitute any part of New South Wales as an area.
(2)  The area is to have the boundaries determined by the Governor by proclamation.
(3)  An area must be a single area of contiguous land.
205   Land taken to be included in an area
(1)  The land and water between high-water mark and low-water mark on the foreshores of an area is taken to be in the area.
(2)  The land and water enclosed by:
(a)  a straight line drawn between the low-water marks of consecutive headlands to any body of water on the foreshores of an area, and
(b)  those foreshores,
is taken to be in the area.
(3)  Land on the boundary of an area is taken to be in the area if:
(a)  it is reclaimed from tidal waters, or
(b)  it is on the foreshores of the area and beyond low-water mark,
and it is privately owned or has a structure erected on it.
(4)  This section is subject to any proclamation made under this Division.
206   Constitution of cities
The Governor may, by proclamation, constitute an area as a city.
207   Names of areas
The Governor may, by proclamation, name or rename an area.
208   Effect of changing name
When an area is constituted as a city or an area or ward is renamed, a reference in an Act or instrument to the old name of the area, the council concerned or the ward is taken to include a reference to the new name of the area, council or ward.
209   (Repealed)
210   Division of areas into wards
(1)  The council may divide its area into divisions, called “wards”.
(2)  The council may abolish all wards.
(3)  The council may alter ward boundaries.
(4)  The council may name or rename a ward.
(5)  A council must not divide an area into wards or abolish all wards unless it has obtained approval to do so at a constitutional referendum.
(6)  A by-election held after an alteration of ward boundaries and before the next ordinary election is to be held as if the boundaries had not been altered.
(7)  The division of a council’s area into wards, or a change to the boundaries of a ward, must not result in a variation of more than 10 per cent between the number of electors in each ward in the area.
210A   Consultation, public notice and exhibition of proposals regarding ward boundaries
(1)  Before dividing a council’s area into wards or altering a council’s ward boundaries, the council must:
(a)  consult the Electoral Commissioner and the Australian Statistician to ensure that, as far as practicable, the proposed boundaries of its wards correspond to the boundaries of appropriate districts (within the meaning of the Electoral Act 2017) and census districts, and to ensure that the proposed boundaries comply with section 210 (7), and
(b)  prepare and publicly exhibit a plan detailing the proposed division or alteration (the ward boundary plan).
(2)  The council must give public notice of the following:
(a)  the place at which the ward boundary plan may be inspected,
(b)  the period for which the plan will be exhibited (being a period of not less than 28 days),
(c)  the period during which submissions regarding the ward boundary plan may be made to the council (being a period of not less than 42 days after the date on which the ward boundary plan is placed on public exhibition).
(3)  The council must, in accordance with its notice, publicly exhibit the ward boundary plan together with any other matter that it considers appropriate or necessary to better enable the plan and its implications to be understood.
(4)  Any person may make a submission to the council regarding the ward boundary plan within the period referred to in subsection (2) (c).
(5)  The council must consider submissions made in accordance with this section.
210B   Approval to abolish all wards in council’s area
(1)  A council may resolve to make an application to the Minister to approve the abolition of all wards of the council’s area.
(2)  The council must give not less than 42 days’ public notice of its proposed resolution.
(3)  After passing the resolution, the council must forward to the Minister a copy of the resolution, a summary of any submissions received by it and its comments concerning those submissions.
(4)  The Minister may approve the application or may decline to approve it.
(5)  If the Minister approves the application, all the wards in the council’s area are abolished with effect on and from the day appointed for the next ordinary election of councillors after the application is approved.
(6)  Section 16 does not apply to a resolution of a council to make an application to the Minister under this section.
(7)  An application may be made under this section only within the period of 5 months from the commencement of this section.
(8)  Nothing in this section prevents a council from making more than one application under this section or from taking action under section 210 to abolish all wards of the council’s area.
211   Ward boundaries
(1)  The council of an area divided into wards must keep the ward boundaries under review.
(2)  If:
(a)  during a council’s term of office, the council becomes aware that the number of electors in one ward in its area differs by more than 10 per cent from the number of electors in any other ward in its area, and
(b)  that difference remains at the end of the first year of the following term of office of the council,
the council must, as soon as practicable, alter the ward boundaries in a manner that will result in each ward containing a number of electors that does not differ by more than 10 per cent from the number of electors in each other ward in the area.
(3)  Nothing in subsection (2) prevents a council that has become aware of the discrepancy referred to in subsection (2) (a) from altering its ward boundaries before the end of the first year of the following term of office of the council.
212   Dissolution of areas
(1)  The Governor may, by proclamation, dissolve the whole or part of an area.
(2)  The Minister may not recommend the making of a proclamation to dissolve the whole or part of an area until after a public inquiry has been held and the Minister has considered the report made as a consequence of the inquiry.
213   Facilitating provisions of proclamations
(1)  A proclamation of the Governor for the purposes of this Division may include such provisions as are necessary or convenient for giving effect to the proclamation, including provisions for or with respect to:
•  the transfer or apportionment of assets, rights and liabilities
•  the transfer of staff
•  the application of regulations
•  the alteration of ward boundaries
•  the holding of elections
•  the delivery or retention of records
•  the termination, cessation, dissolution or abolition of anything existing before the proclamation takes effect
•  the preservation or continuance of anything existing before the proclamation takes effect
•  the making of appointments
•  the inclusion or exclusion, as a constituent council of any related county council or related joint organisation, of the council of any area constituted or dissolved by the proclamation.
Note.
 If a proclamation for the purposes of this Division transfers staff members (other than senior staff) from the employment of one council to another council, the provisions of Part 6 of Chapter 11 apply in relation to the transferred staff members.
(2)  Such a proclamation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors, or
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(3)  In this section:
related county council, in relation to an area constituted or dissolved by a proclamation of the Governor, means a county council that has an area of operations that includes the whole or part of the area so constituted or dissolved.
related joint organisation, in relation to an area constituted or dissolved by a proclamation of the Governor, means a joint organisation for a joint organisation area that includes the whole or part of the area so constituted or dissolved.
Division 2 What must be done before areas can be constituted?
Note.
 This Division sets out the things that must be done before areas can be constituted.
Land may only be constituted as an area if the public has been notified of the proposal to do so and the councils and electors concerned have been given an opportunity to make representations concerning the proposal.
It also provides for the Boundaries Commission to consider proposals to constitute areas.
214   Exercise of functions under sec 204
A function under section 204 may be exercised only after a proposal for the exercise of the function is dealt with under this Division.
215   Who may initiate a proposal?
(1)  A proposal may be made by the Minister or it may be made to the Minister by a council affected by the proposal or by an appropriate minimum number of electors.
(2)  An appropriate minimum number of electors is:
(a)  if a proposal applies to the whole of an area or the proposal is that part of an area be constituted as a new area—250 of the enrolled electors for the existing area or 10 per cent of them, whichever is the greater, or
(b)  if a proposal applies only to part of an area—250 of the enrolled electors for that part or 10 per cent of them, whichever is the lesser.
216   Public notice to be given of a proposal
The Minister must give at least 28 days’ public notice of a proposal that the Minister decides to proceed with.
217   Making of representations
(1)  Within the period of public notice, representations concerning the proposal may be made to the Minister by a council or elector affected by the proposal.
(2)  The Minister must consider all representations made.
218   Referral of proposal for examination and report
(1)  If the Minister decides to continue with the proposal, the Minister must refer it for examination and report to the Boundaries Commission.
(2)  The Minister may recommend to the Governor that the proposal be implemented:
(a)  with such modifications as arise out of the Boundaries Commission’s report, and
(b)  with such other modifications as the Minister determines,
but may not do so if of the opinion that the modifications constitute a new proposal.
(3)  The Minister may decline to recommend to the Governor that the proposal be implemented.
Division 2A How are areas amalgamated or their boundaries altered?
218A   Amalgamation of areas
(1)  The Governor may, by proclamation, amalgamate two or more areas into one or more new areas.
(2)  On the date specified in the proclamation as the date on which the areas are to be amalgamated:
(a)  the areas are dissolved, and
(b)  the new area or new areas are constituted, and
(c)  subject to section 218C, the councillors of the former areas cease to hold office.
(3)  Divisions 1 and 2 apply to a new area constituted by a proclamation under this section in the same way as they apply to an area constituted by a proclamation under section 204.
(4)  Section 212 (2) does not apply to the dissolution of a former area by a proclamation under this section.
218B   Alteration of boundaries of areas
The Governor may, by proclamation, alter the boundaries of one or more areas.
218C   Facilitating provisions of proclamations
(1)  A proclamation of the Governor for the purposes of this Division may include provisions of the same kind as are referred to in section 213.
(2)  Such a proclamation may also include provisions for or with respect to:
(a)  the appointment of administrators for any area constituted by the proclamation, and
(b)  the continuation in office, as councillors of any area constituted by the proclamation, of any or all of the councillors of any area dissolved by the proclamation.
Note.
 If a proclamation for the purposes of this Division transfers staff members (other than senior staff) from the employment of one council to another council, the provisions of Part 6 of Chapter 11 apply in relation to the transferred staff members.
(3)  Section 224 (1) does not apply to any councillors who continue in office by virtue of such a proclamation.
218CA   Maintenance of staff numbers in rural centres
(1)  This section applies to a council (the transferee council):
(a)  that is constituted as a result of the amalgamation of two or more areas, where the council of one of those areas (the previous council) employed regular staff at a rural centre in the area of the transferee council immediately before the amalgamation took effect, or
(b)  whose geographical area is increased as a result of the alteration of the boundaries of two or more areas, where a council (the previous council) whose geographical area is reduced as a result of the alteration employed regular staff at a rural centre in the area of the transferee council immediately before the alteration took effect.
(2)  The transferee council must ensure that the number of regular staff of the council employed at the rural centre is, as far as is reasonably practicable, maintained at not less than the same level of regular staff as were employed by the previous council at the centre immediately before the amalgamation or alteration of boundaries took effect.
(3)  Subsection (2) does not have effect, or ceases to have effect, in such circumstances (if any) as are prescribed by the regulations.
(4)  In this section:
regular staff of a council means:
(a)  staff appointed to a position within the organisational structure of the council, otherwise than on a temporary basis, and
(b)  casual staff who are engaged by the council on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months and who have a reasonable expectation of continuing employment with the council,
but does not include senior staff.
rural centre has the meaning given by section 354B.
218CB   Transitional provision for maintenance of pre-amalgamation rate paths
(1)  The Minister may make a determination for the purpose of requiring a new council, in levying rates for land, to maintain the rate path last applied for the land by the relevant former council.
(2)  A determination applies to the levying of rates by the new council for the 4 rating years immediately following the rating year for which the relevant proclamation makes provision for the levying of rates (the relevant period).
(3)  Without limiting the content of a determination, a determination is to set out the methodology that the new council is to apply when setting rates for land for the relevant period, including in relation to the following:
(a)  the structure of rates,
(b)  the categorisation or subcategorisation of land for rating purposes,
(c)  the calculation of the new council’s notional general income for rating purposes,
(d)  the treatment of any variation of a former council’s notional general income under Part 2 of Chapter 15 that would have been applicable, had the amalgamation effected by the relevant proclamation not occurred, to the determination of rates and charges for land within the new area.
(4)  A determination must be published in the Gazette and may be revoked or varied only by a further determination of the Minister published in the Gazette.
(5)  While a determination is in force, the provisions of this Act that apply in relation to rates are modified to the extent necessary to give effect to the determination.
(6)  This section does not apply to a new council constituted before 12 May 2016.
(7)  This section does not affect any power to make a proclamation under this Part relating to rates.
(8)  Nothing in this section prevents Mid-Coast Council from making an application under section 508A during the relevant period.
(9)  A determination under this section is to take into account a determination under section 508A made on an application referred to in subsection (8).
(10)  A determination under section 508A made on an application referred to in subsection (8) has effect despite subsection (5).
(11)  Any prohibition that expressly prevents any new council from making an application under section 508A that is contained in the guidelines made under that section does not apply to Mid-Coast Council.
(12)  In this section:
former council, in relation to a new council, means a council of a former area.
new area means the area constituted by the amalgamation of areas (former areas) by the relevant proclamation.
new council means the council of a new area constituted by section 219.
relevant proclamation means the proclamation made pursuant to Part 1 of Chapter 9 that amalgamates former areas into the new area and constitutes the new council.
Division 2B What must be done before areas can be amalgamated or their boundaries altered?
218D   Exercise of functions under secs 218A and 218B
A function under section 218A or 218B may be exercised only after a proposal for the exercise of the function is dealt with under this Division.
218E   Who may initiate a proposal?
(1)  A proposal may be made by the Minister or it may be made to the Minister by a council affected by the proposal or by an appropriate minimum number of electors.
(2)  An appropriate minimum number of electors is:
(a)  if a proposal applies to the whole of one or more areas, 250 of the enrolled electors for each area or 10 per cent of them, whichever is the greater, or
(b)  if a proposal applies to part only of an area, 250 of the enrolled electors for that part or 10 per cent of them, whichever is the lesser.
218F   Referral of proposal for examination and report
(1)  On making or receiving a proposal, the Minister must refer it for examination and report to the Boundaries Commission or to the Departmental Chief Executive.
(2)  Sections 263, 264 and 265 apply to the examination of a proposal by the Departmental Chief Executive in the same way as they apply to the examination of a proposal by the Boundaries Commission.
(3)  For the purpose of examining a joint proposal of 2 or more councils for the amalgamation of two or more areas under section 218A, the Boundaries Commission or Departmental Chief Executive, as the case requires, must seek the views of electors of each of those areas:
(a)  by means of:
(i)  advertised public meetings, and
(ii)  invitations for public submissions, and
(iii)  postal surveys or opinion polls, in which reply-paid questionnaires are distributed to all electors, or
(b)  by means of formal polls.
(4)  The period over which the views of electors are to be sought as referred to in subsection (3) must be a period of at least 40 days.
(5)  Part 3 of Chapter 4 applies to a formal poll taken by the Boundaries Commission or Departmental Chief Executive in the same way as it applies to a council poll referred to in that Part.
(6)  If a proposal that is not supported by one or more of the councils affected by it, or that is an amalgamation proposal, has been referred to the Departmental Chief Executive under subsection (1):
(a)  the Departmental Chief Executive must furnish the Departmental Chief Executive’s report to the Boundaries Commission for review and comment, and
(b)  the Boundaries Commission must review the report and send its comments to the Minister.
(7)  The Minister may recommend to the Governor that the proposal be implemented:
(a)  with such modifications as arise out of:
(i)  the Boundaries Commission’s report, or
(ii)  the Departmental Chief Executive’s report (and, if applicable, the Boundaries Commission’s comments on that report), and
(b)  with such other modifications as the Minister determines,
but may not do so if of the opinion that the modifications constitute a new proposal.
(8)  The Minister may decline to recommend to the Governor that the proposal be implemented.
Division 2C
218G–218K  (Repealed)