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Contents (2013 - 51)
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Local Land Services Act 2013 No 51
Current version for 2 August 2019 to date (accessed 20 January 2020 at 03:33)
Part 2
Part 2 Local Land Services
Division 1 Constitution and management of Local Land Services
8   Constitution of Local Land Services
There is constituted by this Act a body corporate with the corporate name of Local Land Services.
Note.
 Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.
9   Status of Local Land Services
Local Land Services is a NSW Government agency.
10   Control and management of Local Land Services
(1)  All decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board.
(2)  The Chief Executive Officer is responsible for the day-to-day management of the affairs of Local Land Services, subject to the policies and directions of the Board.
(3)  Any act, matter or thing done in the name of, or on behalf of, Local Land Services by or under the authority of the Board or the Chief Executive Officer is taken to have been done by Local Land Services.
Note.
 Local Land Services may delegate its functions under section 16.
11   Ministerial control
(1)  Local Land Services is subject to the control and direction of the Minister in the exercise of its functions.
(2)  The Board must—
(a)  immediately give the Minister written particulars of any decision of Local Land Services to acquire or dispose of a significant asset or to commence or cease to carry out a significant activity, and
(b)  keep the Minister informed of the activities of Local Land Services, and
(c)  give the Minister such reports, documents and information in relation to Local Land Services as the Minister may from time to time require within the time limit set by the Minister.
(3)  The Minister may give written guidelines to the Board that are to be used by the Board in deciding whether particulars are required to be given under subsection (2).
12   Control and direction in emergency responses
(1)  In this section—
emergency has the same meaning as in the State Emergency and Rescue Management Act 1989 and includes the actual or imminent occurrence of an animal or plant disease or animal or plant pest.
(2)  The Secretary may, if satisfied that governmental action is required for the purposes of this Act to respond to an emergency that affects one or more specified regions or parts of regions, by order in writing given to the Chair of the Local Land Services Board—
(a)  declare that the Secretary has assumed responsibility for controlling the actions of Local Land Services for the purposes of responding to the emergency, and
(b)  require the Chair to ensure that Local Land Services and its staff comply with any directions that the Secretary issues to Local Land Services and its staff.
(3)  Local Land Services and its staff are to comply with any such direction while the order under subsection (2) is in force.
(4)  The order is to specify the general nature, location and extent of the emergency.
(5)  The order takes effect as soon as it is given and continues to have effect until revoked by the Secretary.
13   Staff of Local Land Services
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Local Land Services to exercise its functions.
Note.
 Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Local Land Services makes use of) may be referred to as officers or employees, or members of staff, of Local Land Services. Section 47A of the Constitution Act 1902 precludes Local Land Services from employing staff.
Division 2 Functions of Local Land Services
14   Functions generally
(1)  Local Land Services has the following functions—
(a)  to administer, deliver or fund local land services,
(b)  to develop and implement appropriate governance arrangements for the delivery of local land services,
(c)  to prepare a State strategic plan,
(d)  to provide and facilitate education and training in connection with agricultural production, biosecurity, natural resource management and emergency management,
(d1)  to exercise functions conferred on it by Part 5A and Schedule 5A,
(d2)  to exercise functions conferred on it by Part 5B,
(e)  to make and levy rates, levies and contributions on rateable and other land for the purpose of carrying out its functions,
(f)  to provide and administer grants, loans, subsidies or other financial assistance for activities in relation to local land services,
(g)  to collect, collate, maintain, interpret and report information with respect to its functions,
(h)  to communicate, consult and engage with the community, including the Aboriginal community, to encourage participation in relation to the delivery of local land services,
(i)  to provide advice on matters referred to it by the Minister,
(j)  to exercise such other functions as are conferred or imposed on it by or under this or any other Act.
(2)  Local Land Services is to exercise its functions in accordance with any State priorities for local land services and any plan approved under Part 4.
(3)  Local Land Services may do anything necessary, or supplemental or incidental, to the exercise of its functions.
15   Memorandum of understanding
(1)  Local Land Services may enter into a memorandum of understanding with a Public Service agency in relation to the exercise of the functions of Local Land Services, including the implementation of plans approved under Part 4.
(2)  The memorandum of understanding may be amended, revoked or replaced from time to time.
(3)  The functions of Local Land Services must, as far as practicable, be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done or omitted to be done by Local Land Services.
16   Delegation of Local Land Services functions
(1)  Local Land Services may delegate to an authorised person any of its functions, other than this power of delegation.
(2)  A delegate may sub-delegate to an authorised person any function delegated by Local Land Services if the delegate is authorised in writing to do so by Local Land Services.
(3)  In this section, authorised person means—
(a)  a member of the Board, or
(b)  the chair or any other member of a local board, or
(c)  a member of staff of Local Land Services, or
(d)  an authorised officer.
17   Delegation of Ministerial functions
(1)  The Minister may delegate to an authorised person any of the Minister’s functions under this Act, other than this power of delegation.
(2)  A delegate may sub-delegate to an authorised person any function delegated by the Minister if the delegate is authorised in writing to do so by the Minister.
(3)  The Minister may delegate to Local Land Services any function of the Minister under an Act that is administered by the Minister and prescribed by the regulations for the purposes of this section.
(4)  In this section, authorised person means—
(a)  Local Land Services, or
(b)  the Chair or any other member of the Board, or
(c)  the chair or any other member of a local board, or
(d)  a member of staff of Local Land Services, or
(e)  a person employed in the Department, or
(f)  an authorised officer.
18   Delegation of Secretary’s functions
(1)  The Secretary may delegate to an authorised person any of the Secretary’s functions under this Act or any other Act prescribed by the regulations, other than this power of delegation.
(2)  A delegate may sub-delegate to an authorised person any function delegated by the Secretary if the delegate is authorised in writing to do so by the Secretary.
(3)  In this section, authorised person means—
(a)  Local Land Services, or
(b)  the Chair or any other member of the Board, or
(c)  the chair or any other member of a local board, or
(d)  a member of staff of Local Land Services, or
(e)  a person employed in the Department, or
(f)  an authorised officer.
Division 3 Finance and audit
19   Local Land Services Fund
(1)  Local Land Services is to establish a fund to be called the “Local Land Services Fund” (the Fund).
(2)  The money in the Fund may be kept in one or more financial institutions.
(3)  To avoid doubt, the Fund is taken to have been established (and always to have been established) in the Special Deposits Account.
20   Payments into and from Fund
(1)  There is to be paid into the Fund—
(a)  all money received by or on account of Local Land Services, and
(b)  the proceeds of any investment of money in the Fund.
(2)  There is to be paid from the Fund—
(a)  all amounts required to meet expenditure incurred by Local Land Services in the exercise of its functions, and
(b)  all amounts required to provide loans, grants, subsidies and other financial assistance for the purposes of activities that Local Land Services is authorised to fund by or under this Act.
21   Investment powers in relation to Fund
Local Land Services may invest money in the Fund—
(a)  if Local Land Services is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Local Land Services is permitted to invest money under that Part, or
(b)  if Local Land Services is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.
22   Fees for services
(1)  Subject to the regulations (if any), Local Land Services may charge a fee, determined by it for supplying any service (including any product, commodity or publication) under this or any other Act or a statutory instrument.
(2)  Local Land Services may require a deposit or prepayment in respect of any such fee.
(3)  Nothing in this section authorises the charging of any fee contrary to the provisions of any Act, regulation or statutory instrument.
23   Annual report to include certain matters
(1)  The annual report of Local Land Services required to be prepared under the Annual Reports (Statutory Bodies) Act 1984 is to include a report as to the following—
(a)  the performance and outcomes set out in any State strategic plan achieved by Local Land Services during the reporting period,
(b)  progress in achieving compliance with State priorities for local land services,
(c)  community engagement in respect of the provision of local land services,
(d)  the resources expended and revenue received by Local Land Services, and the management of programs, in each region,
(e)  any other matter directed by the Minister.
Note.
 Sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984 provide that statutory bodies (within the meaning of that Act) are to prepare reports of their operations for each financial year and are to submit annual reports to the appropriate Minister (and, if required, the Treasurer), within the period of 4 months after the end of the financial year.
(2)  The annual report may be included in the annual report of the Department or another government agency.
24   Audit of Local Land Services
(1)  The Minister must arrange for an independent audit of the activities of Local Land Services not later than 5 years after the commencement of this Act to determine whether it is carrying out the functions conferred on it by or under this or any other Act effectively and efficiently and in accordance with State priorities for local land services, the State strategic plan and any local strategic plan.
(2)  As soon as possible after the end of every 5-year period following the audit under subsection (1), the Minister is to cause a further audit of the kind set out in that subsection to be undertaken.
(3)  The Minister may, at any time that the Minister considers it appropriate to do so, arrange for an audit of the exercise of all or any particular function of Local Land Services.
(4)  An audit under this section is to be carried out by one or more persons or bodies, or persons or bodies of a class, prescribed by the regulations or appointed by the Minister.
(5)  The Minister is to arrange for a copy of the report of any audit under this section to be placed on the website of Local Land Services.
(6)  The Minister may direct that the costs of an audit (in whole or in part) under this section be paid by Local Land Services.
Note.
 The Audit Office of New South Wales is responsible for auditing the financial reports of Local Land Services—see section 43 of the Public Finance and Audit Act 1983.