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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Government Amendment Bill 2019
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Local Government Act 1993 No 30 3
Schedule 2 Amendment of other legislation 7
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2019
New South Wales
ocal Government Amendment Bill 2019
Act No , 2019
An Act to amend the Local Government Act 1993 with respect to rates, tendering requirements,
election planning, mutual recognition of approvals and other regulatory matters; and for other
purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Local Government Amendment Bill 2019 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Government Amendment Act 2019.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsection (2).
(2) Schedule 1 [4], [15]-[20] and Schedule 2.2 commence on a day or days to be
appointed by proclamation.
Page 2
Local Government Amendment Bill 2019 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
Schedule 1 Amendment of Local Government Act 1993 No 30
[1] Section 55 Requirements for tendering
Omit "at a rate not exceeding the rate so specified" from section 55 (3) (a) and (g) wherever
occurring.
Insert instead ", if a rate is so specified, at a rate not exceeding the rate so specified".
[2] Section 55 (3) (n)
Omit the paragraph. Insert instead:
(n) a contract involving an estimated expenditure or receipt of an amount
of:
(i) less than $250,000 or another amount as may be prescribed by the
regulations, or
(ii) less than $150,000 or another amount as may be prescribed by the
regulations for a contract involving the provision of services
where those services are, at the time of entering the contract,
being provided by employees of the council,
[3] Section 55 (3) (q)
Insert after section 55 (3) (p):
(q) a contract made with a person or body approved as a disability
employment organisation under the Public Works and Procurement Act
1912 for the purchase of goods or services in relation to which the
person or body is so approved.
Note. Despite the person or body being approved under the Public Works and
Procurement Act 1912, that Act does not otherwise apply to the procurement of
goods and services by or for a council.
[4] Section 178A
Insert after section 178:
178A Appeals relating to mutual recognition of approvals
(1) The regulations may make provision for or with respect to appeals to the Land
and Environment Court by applicants or approval holders who are dissatisfied
with a determination of a council under a scheme prescribed by the regulations
for the mutual recognition of approvals.
(2) The regulations may also confer on the Land and Environment Court a
discretion to award compensation, that is payable by a council, in
circumstances of a kind referred to in section 179.
[5] Section 218CB Transitional provision for maintenance of pre-amalgamation rate
paths
Omit "3 rating years" from section 218CB (2). Insert instead "4 rating years".
[6] Sections 296AA (1) (b), 296 (1) and 298 (3)
Omit "the general manager of the council" wherever occurring.
Insert instead "an electoral services provider engaged by the council".
[7] Section 296AA (2)
Omit the subsection. Insert instead:
Page 3
Local Government Amendment Bill 2019 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
(2) A resolution referred to in subsection (1) (b) must include the following
information:
(a) whether the general manager has identified an electoral services
provider to be engaged for the next ordinary election of councillors and,
if so, the name of that provider,
(b) any other information required by the regulations.
[8] Section 296AA Councils to plan for administration of elections
Insert after section 296AA (4):
(5) Despite the other provisions of this section, a council may make a resolution
under subsection (1) on or before 1 October 2019 for the purposes of an
arrangement that includes the ordinary election of councillors in 2020.
[9] Section 296 How elections are to be administered
Insert after section 296 (5):
(5A) Without limiting subsection (5), an election arrangement for the Electoral
Commissioner to administer all elections of a council that is to include the
ordinary election of councillors in 2020, or to administer that particular
election, may be entered into if:
(a) the council resolves on or before 1 October 2019 that an arrangement is
to be entered into, and
(b) the arrangement is entered into on or before 1 January 2020.
[10] Section 296A Elections administered by an electoral services provider
Omit "the general manager of a council" from section 296A (1).
Insert instead "an electoral services provider engaged by a council".
[11] Section 296A (2) and (7)
Omit "general manager" wherever occurring.
Insert instead "electoral services provider".
[12] Section 298 (5)
Omit "A general manager of".
Insert instead "An electoral services provider engaged by".
[13] Sections 299 (3), 300 (3) and 317 (1) (c)
Omit "the general manager" wherever occurring.
Insert instead "an electoral services provider".
[14] Section 313 Check on double-voting and failure to vote
Omit "a general manager" from section 313 (2).
Insert instead "an electoral services provider engaged by a council".
[15] Section 379 Delegation of regulatory functions
Insert at the end of section 379 (1) (d):
, or
(e) another council.
Page 4
Local Government Amendment Bill 2019 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
[16] Section 379 (2B)-(2D)
Insert after section 379 (2A):
(2B) A council may delegate a regulatory function to another council only with the
approval, by resolution, of the other council.
(2C) The regulations may prescribe regulatory functions that must not be delegated
by a council to another council under this section or limit the circumstances in
which a regulatory function may be delegated by a council to another council
under this section.
(2D) A council may delegate a regulatory function to a joint organisation under a
provision of this section whether or not the council is a member council of the
joint organisation.
[17] Section 379 (3) (c)
Insert "a committee of the board of the joint organisation or" before "the executive officer"
where firstly occurring.
[18] Section 379 (3) (d)
Insert at the end of section 379 (3) (c):
, or
(d) a regulatory function is delegated to another council, the function may
be delegated to:
(i) a committee of the other council of which all the members are
councillors or of which all the members are either councillors or
employees of the other council, or
(ii) the general manager of the other council and by the general
manager to an employee of the other council.
[19] Chapter 15, Part 10, Division 5
Insert after Division 4 of Part 10 of Chapter 15:
Division 5 Exemption from regulatory requirements for fees
612 Regulations may exempt certain fees from regulatory requirements
(1) Regulations may be made for or with respect to exempting fees that are
charged by a council in connection with a commercial activity specified by the
regulations from all or any of the requirements of this Act relating to public
notification of council fees or the determination of fees in accordance with a
pricing methodology.
(2) An exemption made by or under the regulations for the purposes of this section
may be unconditional or subject to conditions.
(3) A regulation made under this section may validate a fee that was charged by a
council before the making of the regulation if the fee would, if charged after
the regulation commenced, have been validly imposed.
[20] Schedule 6 Regulations
Insert after item 8:
8AA A scheme for mutual recognition by councils of approvals under Part 1 of
Chapter 7
Examples. Model policies for councils relating to mutual recognition
Page 5
Local Government Amendment Bill 2019 [NSW]
Schedule 1 Amendment of Local Government Act 1993 No 30
Policies of councils relating to mutual recognition
Arrangements between councils for mutual recognition
Approval of mutual recognition arrangements
Effect of recognition of approvals
Modification and revocation of recognised approvals and conditions of approvals
Compensation by councils for modification or revocation of recognised approvals
Procedures (including applications and payment of fees) for recognition of approvals
granted by other councils
Records of recognised approvals
Exchange of information relating to recognised approvals
Notice to other councils of recognised approvals
Enforcement of recognised approvals by councils
[21] Schedule 8 Savings, transitional and other provisions consequent on the enactment
of other Acts
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provision consequent on enactment of Local
Government Amendment Act 2019
Rate freeze for previously amalgamated councils
Section 218CB (2), as amended by the Local Government Amendment Act
2019, extends to a determination made by the Minister before the
commencement of that amendment and in force on that commencement.
Page 6
Local Government Amendment Bill 2019 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Government Sector Finance Legislation (Repeal and Amendment) Act
2018 No 70
Schedule 4.89, item [3], proposed section 31 (2)
Insert "or for a local authority under the Local Government Act 1993" after "Government
Sector Finance Act 2018".
2.2 Land and Environment Court Act 1979 No 204
Section 18 Class 2--local government and miscellaneous appeals and applications
Insert ", and regulations made under section 178A of," after "611 of" in section 18 (a).
2.3 Local Government (General) Regulation 2005
Clause 163 Application of Part
Omit clause 163 (2).
2.4 Public Interest Disclosures Act 1994 No 92
[1] Section 31 Reports to Parliament by public authorities
Omit section 31 (2). Insert instead:
(2) An annual report under this section must be tabled in each House of Parliament
by the relevant Minister as soon as practicable after it is prepared unless it is
included in an annual report prepared for the purposes of:
(a) the Annual Reports (Departments) Act 1985, or
(b) the Annual Reports (Statutory Bodies) Act 1984, or
(c) the Local Government Act 1993.
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provision consequent on enactment of Local
Government Amendment Act 2019
Application of amendment to local authorities
Section 31 (2) (c), as inserted by the Local Government Amendment Act 2019,
applies to and in respect of a local authority on and from 1 July next following
the substitution of the provision.
Page 7
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