LOCAL GOVERNMENT ACT 1993 No. 30 NEW SOUTH WALES SUMMARY OF TABLE OF PROVISIONS CHAPTER 1—PRELIMINARY CHAPTER 2—WHAT ARE THE PURPOSES OF THIS ACT? CHAPTER 3—WHAT IS A COUNCIL’S CHARTER? CHAPTER 4—HOW CAN THE COMMUNITY INFLUENCE WHAT A COUNCIL DOES? PART l—OPEN MEETINGS PART 2—ACCESS TO INFORMATION PART 3—EXPRESSIONS OF COMMUNITY OPINION Division 1—Council polls Division 2—Constitutional referendums Division 3—General provisions concerning a council poll or constitutional referendum CHAPTER 5—WHAT ARE A COUNCIL’S FUNCTIONS? CHAPTER 6—WHAT ARE THE SERVICE FUNCTIONS OF COUNCILS? PART 1—GENERAL PART 2—PUBLIC LAND Division l—Classification and reclassification of public land Division 2—Use and management of community land Division 3—Miscellaneous ii Local Government Act 1993 No. 30 PART 3—RESTRAINTS AND QUALIFICATIONS THAT APPLY TO SERVICE FUNCTIONS Division l—Tendering Division 2—Water, sewerage and drainage works and facilities Division 3—Private works CHAPTER 7—WHAT ARE THE REGULATORY FUNCTIONS OF COUNCILS? PART 1—APPROVALS Division l—What activities require approval? Division 2—Crown activities Division 3—Making and determination of applications for approval- generally Division 4—Special provisions relating to notice of applications to erect buildings Division 5—Accreditation of components, processes and designs PART 2—ORDERS Division 1—Giving of orders Division 2—Procedures to be observed before giving orders Division 3—Orders generally PART 3—ADOPTION OF LOCAL POLICIES CONCERNING APPROVALS AND ORDERS PART 4—CERTIFICATES CONCERNING BUILDINGS PART 5—APPEALS Division 1—Approvals and orders Division 2—Building certificates CHAPTER 8—WHAT ANCILLARY FUNCTIONS DOES A COUNCIL HAVE? PART l—ACQUISITION OF LAND PART 2—ENTRY ON TO LAND AND OTHER POWERS CHAPTER 9—HOW ARE COUNCILS ESTABLISHED? PART 1—AREAS Division l—How are areas constituted, altered and dissolved? Division 2—What must be done before areas can be constituted or altered? PART 2—COUNCILS Division 1—Constitution Division 2—The mayor Division 3—The councillors Division 4—Local Government Remuneration Tribunal Division 5—What fees, expenses and facilities may be paid or provided to councillors? Division 6—Appointment of administrator PART 3—LOCAL GOVERNMENT BOUNDARIES COMMISSION ... iii Local Government Act 1993 No. 30 CHAPTER 10—HOW ARE PEOPLE ELECTED TO CIVIC OFFICE? PART l—WHO MAY VOTE? PART 2—WHO MAY BE ELECTED? PART 3—WHAT IS THE SYSTEM OF ELECTION? PART 4—WHEN ARE ELECTIONS HELD? PART 5—HOW ARE CASUAL VACANCIES FILLED? PART 6—HOW ARE ELECTIONS CONDUCTED? Division l—The role of the Electoral Commissioner Division 2—Electoral rolls Division 3—Nominations and election Division 4—Where residents fail to vote Division 5—Miscellaneous PART 7—POLITICAL PARTIES PART 8—DISCLOSURE OF ELECTION FUNDING PART 9—DISMISSAL FROM CIVIC OFFICE CHAPTER 11—HOW ARE COUNCILS STAFFED? PART l—ORGANISATION STRUCTURE PART 2—THE GENERAL MANAGER AND OTHER SENIOR STAFF PART 3—THE PUBLIC OFFICER PART 4—EQUAL EMPLOYMENT OPPORTUNITY PART 5—OTHER PROVISIONS CONCERNING 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 PART 3—DELEGATION OF FUNCTIONS PART 4—INSURANCE PART 5—COUNTY COUNCILS CHAPTER 13—HOW ARE COUNCILS MADE ACCOUNTABLE FOR THEIR ACTIONS? PART 1—PRELIMINARY PART 2—MANAGEMENT PLANS iv Local Government Act 1993 No. 30 PART 3—FINANCIAL MANAGEMENT Division 1—Funds Division 2—Accounting records, financial reports and auditing Division 3—Auditors PART 4—ANNUAL REPORTS PART 5—INQUIRIES, REVIEWS AND SURCHARGING Division 1—Inquiries and reviews Division 2—Surcharging CHAPTER 14—HONESTY AND DISCLOSURE OF INTERESTS PART 1—CONDUCT PART 2—DUTIES OF DISCLOSURE Division 1—Preliminary Division 2—Disclosure of interests in written returns Division 3—Disclosure of pecuniary interests at meetings Division 4—Disclosure of pecuniary interests in council dealings PART 3—COMPLAINTS CONCERNING NON-DISCLOSURE Division 1—Making and investigation of complaints Division 2—Proceedings before the Pecuniary Interest Tribunal PART 4—LOCAL GOVERNMENT PECUNIARY INTEREST TRIBUNAL CHAPTER 15—HOW ARE COUNCILS FINANCED? PART I—AN OVERVIEW OF RATES AND CHARGES PART 2—LIMIT OF ANNUAL INCOME FROM RATES AND CHARGES PART 3—ORDINARY RATES PART 4—MAKING OF RATES AND CHARGES PART 5—LEVYING OF RATES AND CHARGES Division 1—General Division 2—Special rates and charges relating to water supply, sewerage and drainage PART 6—WHAT LAND IS RATEABLE? PART 7—PAYMENT OF RATES AND CHARGES PART 8—CONCESSIONS Division 1—Concessions for pensioners Division 2—Other concessions v Local Government Act 1993 No. 30 PART 9—MISCELLANEOUS MATTERS CONCERNING RATES AND CHARGES PART 10—FEES PART 11—GRANTS PART 12—LOANS PART 13—INVESTMENTS CHAPTER 16—OFFENCES PART 1—GENERAL OFFENCES PART 2—PUBLIC LAND PART 3—WATER, SEWERAGE AND STORMWATER DRAINAGE OFFENCES PART 4—STREET DRINKING PART 5—PARKING PART 6—OFFENCE RELATING TO CIVIC OFFICE PART 7—OFFENCES RELATING TO BUILDINGS PART 8—MISCELLANEOUS CHAPTER 17—ENFORCEMENT PART 1—GENERAL PART 2—PROCEEDINGS BY THE COUNCIL OR ITS EMPLOYEES Division l—General Division 2—Evidence 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 PART 3—PROCEEDINGS AGAINST COUNCILS, COUNCILLORS AND STAFF Division l—General Division 2—Liability CHAPTER 18—MISCELLANEOUS PART 1—GENERAL PART 2—REGULATIONS PART 3—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS vi Local Government Act 1993 No. 30 SCHEDULE 1—LOCAL GOVERNMENT REMUNERATION TRIBUNAL AND ASSESSORS SCHEDULE 2—MEMBERSHIP AND PROCEDURE OF THE BOUNDARIES COMMISSION SCHEDULE 3—DISCLOSURE OF INTERESTS SCHEDULE 4—LOCAL GOVERNMENT PECUNIARY INTEREST TRIBUNAL SCHEDULE 5—LOCAL GOVERNMENT GRANTS COMMISSION SCHEDULE 6—REGULATIONS SCHEDULE 7—SAVINGS, TRANSITIONAL AND OTHER PROVISIONS DICTIONARY LOCAL GOVERNMENT ACT 1993 No. 30 NEW SOUTH WALES TABLE OF PROVISIONS CHAPTER 1—PRELIMINARY 1. Short title 2. Commencement 3. Definitions 4. Does this Act bind the Crown? 5. To what parts of the State does this Act apply? 6. Notes in the text CHAPTER 2—WHAT ARE THE PURPOSES OF THIS ACT? 7. What are the purposes of this Act? CHAPTER 3—WHAT IS A COUNCIL’S CHARTER? 8. The council’s charter 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? 11. Public access to correspondence and reports PART 2—ACCESS TO INFORMATION 12. What information is publicly available? 13. Retention and preservation of records ii Local Government Act 1993 No. 30 PART 3—EXPRESSIONS OF COMMUNITY OPINION Division 1—Council polls 14. Council polls Division 2—Constitutional referendums 15. What is a constitutional referendum? 16. What matters must be dealt with at a constitutional referendum? 17. What is the effect of a constitutional referendum? Division 3—General provisions concerning a council poll or constitutional referendum 18. What provisions apply to the conduct of a council poll or constitutional referendum? 19. Day for taking council poll or constitutional referendum 20. When is a question at a council poll or constitutional referendum carried? CHAPTER 5—WHAT ARE A COUNCIL’S FUNCTIONS? 21. Functions under this Act 22. Other functions 23. Supplementary, incidental and consequential functions CHAPTER 6—WHAT ARE THE SERVICE FUNCTIONS OF COUNCILS? PART 1—GENERAL 24. Provision of goods, services and facilities and carrying out of activities PART 2—PUBLIC LAND 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. Preparation of draft local environmental plans 29. Public hearing into reclassification 30. Reclassification of community land as operational 31. Classification of land acquired after the commencement of this Division 32. Reclassification of land dedicated under s. 94 of the Environmental Planning and Assessment Act 1979 33. Reclassification of operational land as community land 34. 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 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 iii Local Government Act 1993 No. 30 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 and licences of community land—generally 47. Leases and licences of community land for more than 5 years—additional requirements Division 3—Miscellaneous 48. Responsibility for certain public reserves 49. Public reserves and drainage reserves provided for in subdivisions 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 s. 28 of the Environmental Planning and Assessment Act 1979 53. The council's land register 54. Certificate as to classification of land PART 3—RESTRAINTS AND QUALIFICATIONS THAT APPLY TO SERVICE FUNCTIONS Division l—Tendering 55. What are the requirements for tendering? Division 2—Water, sewerage and drainage works and facilities 56. Application of Division 57. Construction of works 58. Handing over of works 59. Vesting of works 60. Council works for which the approval of the Minister for Public Works is required 61. Directions of the Minister for Public Works concerning works to which s. 60 applies 62. Powers of Minister during emergencies 63. Effect of failure to comply with directions 64.