Local Government (Bayside) Proclamation 2016
Part 1 General
1 Name of Proclamation
This Proclamation is the Local Government (Bayside) Proclamation 2016.
This Proclamation commences on the day and at the time at which it is published on the NSW legislation website.
(1) In this Proclamation:amalgamation day means the time of the day on which this Proclamation commences.assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.Chief Executive means the Chief Executive of the Office of Local Government.former area means the former areas of the City of Rockdale and the City of Botany Bay amalgamated by this Proclamation.former council means the council of a former area.initial period means the period commencing on the amalgamation day and ending immediately before the first meeting of the new council held after the first council elections for the council.liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).new area means the Bayside area constituted by this Proclamation.new council means the council of the Bayside area constituted by section 219 of the Act.register of public surveys means the register of that name kept under the Surveying and Spatial Information Act 2002.rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).the Act means the Local Government Act 1993.the regulations means regulations made under the Local Government Act 1993.Note.The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Proclamation.(2) Notes included in this Proclamation do not form part of this Proclamation.
4 Amalgamation and constitution of Bayside area
(1) The areas of the City of Rockdale and the City of Botany Bay are amalgamated to constitute a new area when this Proclamation commences with:(a) the name of Bayside, and(b) the boundaries shown for the area on the map kept in the register of public surveys on the amalgamation day and having the identifier number PP5011.(2) The councils of the areas amalgamated by this Proclamation are dissolved.(3) The Bayside area includes all land contained within each of the former areas incorporated in the area by this Proclamation.
5 Matters or things to be determined by Minister
(1) For the purposes of giving effect to this Proclamation, the Minister may from time to time determine any matter or thing at the Minister’s discretion or if the new council or the Administrator of the new council refers any matter or thing requiring determination to the Minister for that purpose.(2) The Minister may delegate any function of the Minister under this clause to the Chief Executive.(3) The Chief Executive may sub-delegate to any person any function delegated to the Chief Executive under this clause.
6 References to former areas and councils
A reference in any Act or instrument to:(a) a former council, or to a predecessor of the former council, is taken to be a reference to the new council, or(b) a former area, or to a predecessor of the former area, is taken to be a reference to that part of the new area that consists of the former area or the predecessor area.
7 Powers under Act
(1) Nothing in this Proclamation limits the powers under the Act of the new council or any other person to take any action to change any matter specified by this Proclamation at any time after the initial period.Note.Examples of such changes might include changes to the method of election of mayors, changes to wards and changes to councillor numbers.(2) Subclause (1) does not apply in respect of a matter specified in this Proclamation relating to rates for the 2016/2017 rating year.(3) A public inquiry under Part 8 of Chapter 13 of the Act into a matter relating to a former council or the members or staff of a former council that was commenced but not completed before the amalgamation day may be continued and completed as if the former council had not ceased to exist.
8 Planning panels
(1) A person nominated as a member of a joint regional planning panel by a former council may continue to exercise and complete any function being exercised by that person as a member immediately before the amalgamation day.(2) A function exercised under subclause (1) is taken to be exercised by the member as a nominee of the new council.(3) A person nominated as a member of a joint regional planning panel by a former council ceases to be a nominee of an applicable council and a member of the panel on the amalgamation day, except for the purpose of exercising a function under subclause (1).(4) In this clause:joint regional planning panel has the same meaning as in the Environmental Planning and Assessment Act 1979.