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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 5
Local
Government (Consequential Amendments) Bill
2008
Mr
Knight
A Bill for an Act to make amendments of a transitional or consequential nature to various Acts and subordinate legislation following the passage of the Local Government Act
NORTHERN TERRITORY OF AUSTRALIA
LOCAL GOVERNMENT (CONSEQUENTIAL AMENDMENTS) ACT 2008
____________________
Act No. [ ] of 2008
____________________
TABLE OF PROVISIONS
270 Preservation of local government functions of Nhulunbuy Corporation Limited
271 Special provision permitting certain councils to establish policy of allowing Chair of council meeting to exercise casting vote
272 Continuation of Local Government (Darwin Parking Local Rates) Regulations
8 Exercise of certain functions by statutory authorities
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2008
____________________
An Act to make amendments of a transitional or consequential nature to various Acts and subordinate legislation following the passage of the Local Government Act
[Assented to [ ] 2008]
[Second reading [ ] 2008]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Local Government (Consequential Amendments) Act 2008.
This Act is taken to have commenced on 1 July 2008.
Schedule 1 amends the Acts mentioned in it.
4 Amendment of subordinate legislation
Schedule 2 amends the subordinate legislation mentioned in it.
Part
2 Amendment of Local Government
Act
5 Act
amended
This Part amends the Local Government Act.
After section 269
insert
270 Preservation of local government functions of Nhulunbuy Corporation Limited
(1) Subject to this section:
(a) the Nhulunbuy Corporation Limited continues to have the same local government functions as it had under the former Act immediately before the date of transition; and
(b) the Nhulunbuy (Animal Control) By-laws
continue in force (subject to amendment or revocation under this Act) as
by-laws under this Act; and
(c) this Act applies to the Nhulunbuy Corporation Limited, in relation to its exercise of local government functions as if it were a shire council constituted under this Act.
(2) The Minister may, by Gazette notice:
(a) withdraw local government functions from, or add to or modify the local government functions of, the Nhulunbuy Corporation Limited; or
(b) modify the operation of this Act in its application to the Nhulunbuy Corporation Limited.
271 Special provision permitting certain councils to establish policy of allowing Chair of council meeting to exercise casting vote
If:
(a) there is to be no general election for a council in 2008; and
(b) the council wants the Chair of council meetings to be allowed to exercise a casting vote;
then, despite section 61(7)(a), the council may, by resolution passed at a meeting held before the end of the 2008 calendar year establish a policy to that effect.
272 Continuation of Local Government (Darwin Parking Local Rates) Regulations
The Local Government (Darwin Parking Local Rates) Regulations continue in operation (subject to the amendments made by the Local Government (Consequential Amendments) Act 2008 and subsequent amendment or revocation by later regulations) as regulations under this Act.
Part
3 Amendment of Darwin Waterfront Corporation
Act
7 Act
amended
This Part amends the Darwin Waterfront Corporation Act.
8 Amendment of section 3 (Definitions)
(1) Section 3, definition municipal council
omit
(2) Section 3
insert (in alphabetical order)
council means a council constituted under the Local Government Act.
9 Amendment of section 15 (Rates for municipal council services)
Section 15(5)
omit
section 58 of
10 Amendment of section 19 (By-laws)
Section 19(2)
omit
municipal
Part
4 Amendment of Kava Management
Act
11 Act
Amended
This Part amends the Kava Management Act.
12 Amendment of section 3 (Interpretation)
(1) Section 3(1), definitions council area, incorporated association and local government council
omit
(2) Section 3(1)
insert (in alphabetical order)
council area means an area for which a council is constituted under the Local Government Act.
incorporated association means an Aboriginal corporation as defined in section 3 of the Aboriginal Councils and Associations Act 1976 (Cth).
local government council means a council constituted under the Local Government Act.
13 Amendment of section 53 (Definitions)
(1) Section 53, definition community government council
omit
(2) Section 53
insert (in alphabetical order)
shire council means a council constituted as a shire council under the Local Government Act.
14 Amendment of section 54 (Application for declaration of licence area)
Section 54(1A)
omit
community government
substitute
shire
15 Amendment of section 58D (Amendment or replacement of kava management plan)
Section 58D(1)
omit
community government
substitute
shire
Part
5 Amendment of Land Title
Act
16 Act
amended
This Part amends the Land Title Act.
17 Amendment of section 4 (Definitions)
Section 4, definition local government body, paragraph (a)
omit
municipal council or community government
18 Amendment of section 35 (Notices of statutory restrictions)
Section 35(3)
omit, substitute
(3) If, immediately before the commencement of this subsection, a restriction consisted of the right of the Crown to revoke the reservation on land held by a council on lease under legislation then in force, the right (and hence the restriction) continues in force as if the relevant legislation had continued in force.
Part
6 Amendment of Water
Act
19 Act
amended
This Part amends the Water Act.
20 Amendment of section 4 (Interpretation)
Section 4(1), definition public authority, paragraph (b)
omit, substitute
(b) a council constituted under the Local Government Act.
21 Repeal and substitution of section 8
Section 8
repeal, substitute
8 Exercise of certain functions by statutory authorities
(1) A local government council or a prescribed statutory authority or body must not exercise functions relevant to the purposes of this Act except in accordance with this Act or as authorised by a delegation under this Act or a direction given by the Minister or the Controller.
(2) The Minister or the Controller may give written directions to a local government council or a prescribed statutory authority or body in regard to the exercise of functions to which subsection (1) applies.
This Act expires on the day after it commences.
section 3
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Associations Act
|
|
|
section 4, definition community government
council
|
whole definition
|
council means a council constituted
under the Local Government Act.
|
section 4, definition gross
receipts
|
a municipal council or a community government
council
|
or a council
|
section 4, definition municipal
council
|
whole definition
|
|
section 54(1)(b)
|
municipal council or community
government
|
|
Care and Protection of Children
Act
|
|
|
section 13, definition local government
council
|
municipal council or community
government
|
|
Commercial Passenger (Road) Transport
Act
|
|
|
section 3(1), definition
road
|
, but construed as if a reference to a municipality
were a reference to the Territory
|
|
Construction Industry Long Service Leave and
Benefits Act
|
|
|
section 6, definition local government
council
|
municipal council or community
government
|
|
Control of Roads Act
|
|
|
section 5(1), definitions community government
council and municipality
|
whole definition
|
|
section 5(2)
|
whole subsection
|
(2) In Parts III and IV, road does not
include a road that is under the care, control and management of a council under
the Local Government Act.
|
section 7
|
Division 4 of Part 6
|
Part 12.3
|
Crown Lands Act
|
|
|
section 3, definitions local government
council and local government area
|
whole definition
|
local government area means an area
for which a council is constituted under the Local Government
Act.
local government council means a
council constituted under the Local Government Act.
|
Disability Services Act
|
|
|
section 2(1), definition organisation,
paragraph (b)
|
whole paragraph
|
(b) a council constituted under the Local
Government Act;
|
Disasters Act
|
|
|
section 37(2)
|
municipality
(all references) |
local government area
|
Electoral Act
|
|
|
section 140(2)(g)(ii)
|
municipalities, community
|
local
|
Encroachment of Buildings
Act
|
|
|
section 3, definition local
authority
|
municipal council or community
government
|
|
Energy Pipelines Act
|
|
|
section 3(1), definition
council
|
the council of a municipality or community
government area
|
a council
|
Evidence Act
|
|
|
section 64(b)
|
the area controlled by any municipal or community
government council or other local governing body
|
an area subject to local government
|
Firearms Act
|
|
|
section 78(1), definitions community
government area and municipality
|
whole definition
|
local government area means an area
for which a council is constituted under the Local Government
Act.
|
section 78(2) and (3)
|
, municipality or community
|
or local
|
Heritage Conservation Act
|
|
|
section 40(2)(c)
|
whole paragraph
|
(c) a local government council;
|
section 40(2)
|
, municipal or community government
|
or
|
Information Act
|
|
|
section 4, definition local
authority
|
whole definition
|
local authority means a council
constituted under the Local Government Act.
|
Interpretation Act
|
|
|
section 63(2)(a)
|
as defined in
|
constituted under the
|
Lands Acquisition Act
|
|
|
Schedule 2, clause 8(a)(ii)
|
municipal council or community government council
within the meaning of
|
council constituted under
|
Legal Profession Act
|
|
|
section 467(7), definition
council
|
whole definition
|
council means a council constituted
under the Local Government Act.
|
Liquor Act
|
|
|
section 4(1), definitions community government
area, community government council and
council
|
whole definition
|
|
section 4(1), definition council
area
|
whole definition
|
council area means the area for which
a council is constituted under the Local Government Act.
|
section 4(1), definition local government
council
|
or community government council
|
constituted under the Local Government
Act
|
section 27(3)
|
whole subsection
|
(3) If the application relates to premises within
the area of a shire council, the Director must, as soon as reasonably
practicable, inform the CEO of the council that the application has been
made.
|
section 32A(5)
|
whole subsection
|
(5) If the application relates to premises within
the area of a shire council, the Director must, as soon as reasonably
practicable, inform the CEO of the council that the application has been
made.
|
section 46A(4)
|
whole subsection
|
(4) If the application relates to premises within
the area of a shire council, the Director must, as soon as reasonably
practicable, inform the CEO of the council that the application has been
made.
|
section 77(2)(d) and (e)
|
whole paragraph
|
(d) if the relevant area forms the whole or part of
a council area – the clerk of the council;
|
section 79(1)(d) and (e)
|
whole paragraph
|
(d) if the relevant area forms the whole or part of
a council area – ascertain the advice of the council regarding the
application.
|
section 119(5)
|
whole subsection
|
(5) If the application relates to premises within
the area of a shire council, the Director must, as soon as reasonably
practicable, inform the CEO of the council that the application has been
made.
|
Litter Act
|
|
|
section 3, definition
municipality
|
whole definition
|
municipality means a local government
area and includes a shire.
|
section 11A, heading
|
where section 220 of Local Government Act
applies
|
|
Local Government Grants Commission
Act
|
|
|
section 3, definition community government
council
|
whole definition
|
|
section 3, definition local governing
body
|
municipal council, a community government
council
|
council constituted under the Local Government
Act
|
section 5(2)(b) and (3)
|
community government
|
shire
|
Northern Territory Treasury Corporation
Act
|
|
|
section 3, definition local government
council
|
whole definition
|
local government council means a
council constituted under the Local Government Act.
|
Ombudsman (Northern Territory)
Act
|
|
|
section 3(1), definition local government
council
|
the council of a municipality or community
government area
|
a council
|
Pastoral Land Act
|
|
|
section 131(1)
|
municipality or community
|
local
|
Pay-roll Tax Act
|
|
|
section 3(1), definition local governing
body, paragraph (a)
|
whole paragraph
|
(a) a council or a local government subsidiary
constituted under the Local Government Act; or
|
Place Names Act
|
|
|
section 4, definitions council,
council area and municipality
|
whole definition
|
council means a council constituted
under the Local Government Act.
council area means an area for which a
council is constituted under the Local Government Act.
|
section 4A(2)(b)
|
of a municipality
|
|
Planning Act
|
|
|
section 3(1), definition
consolidation, paragraph (d)
|
section 133
|
section 187(3)
|
section 3(1), definition council
area
|
whole definition
|
council area means an area for which a
council is constituted under the Local Government Act.
|
section 3(1), definition local
authority
|
whole definition
|
local authority means a council
constituted under the Local Government Act.
|
section 3(1), definition member of a local
authority and town
|
whole definition
|
|
section 5(2)(a)(iii)
|
section 133
|
section 187(3)
|
section 72(a)(ii)
|
a trust account
|
an authorised deposit account
|
section 72(b)
|
trust
|
|
section 73(2)(b)(ii)
|
penalty
|
|
Pounds Act
|
|
|
section 3, definitions local area and
local authority
|
whole definition
|
local area means an area for which a
council is constituted under the Local Government Act.
local authority means a council
constituted under the Local Government Act.
|
Public Employment (Mobility)
Act
|
|
|
section 3(1), definition municipal
authority
|
municipal council or community
government
|
|
Real Property (Unit Titles)
Act
|
|
|
sections 9(h), 9F(g), 9G(b), 9H(b) and
15
|
(within the meaning of the Local Government
Act)
|
|
Soil Conservation and Land Utilisation
Act
|
|
|
section 20A, definition proper
authority, paragraph (b)
|
whole paragraph
|
(b) in the case of land vested in a local government
council – the council; or
|
Stamp Duty Act
|
|
|
Schedule 2, item 4(d)
|
whole item
|
|
Swimming Pool Safety Act
|
|
|
section 4(1), definition council
area
|
whole definition
|
council area means the area for which
a council is constituted under the Local Government Act.
|
Unit Titles Act
|
|
|
section 21E(2)(b)(i)
|
whole subparagraph
|
(i) in the case of a parcel within a council area
– to the council; and
|
section 53(1A)(c) and (3)(b)
|
municipal or community government
|
|
Volatile Substance Abuse Prevention Act
|
|
|
section 42(1), definitions community
council and incorporated association
|
whole definition
|
community council means:
(a) a shire council constituted under the Local
Government Act; or
(b) an Aboriginal corporation within the meaning of
the Aboriginal Councils and Associations Act 1976
(Cth).
|
Schedule 2 Amendment of subordinate legislation
section 4
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Alice Springs (Animal Control)
By-laws
|
|
|
by-law 40(2)
|
section 86(2)(a)
|
section 115
|
by-law 54(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Alice Springs (Control of Public Places)
By-laws |
|
|
by-law 6(b)
|
or under section 209(2) of the Act
|
|
by-law 58(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Alice Springs (Council Meetings and
Procedures)
By-laws |
|
|
by-law 2
|
whole by-law
|
|
by-law 29(1)
|
, at the expiration of the time referred to in
section 66(2) of the Act,
|
|
by-law 29(2)
|
, as required by section 66(1) of the Act,
|
|
by-law 33
|
For the purpose of section 68 of the Act,
|
Subject to the Act,
|
Alice Springs (Todd Mall)
By-laws
|
|
|
by-law 9(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Associations Regulations
|
|
|
regulation 16(5)
|
whole subregulation
|
(5) In this regulation:
council means a council constituted
under the Local Government Act.
|
Schedules 5, 6 and 7
|
whole Schedule
|
|
Building Regulations
|
|
|
Schedule 2, column1
|
Council of the municipality in which the building is
situated, or, where there is no such council, the Agency having responsibility
for roads and stormwater drainage under the Local Government
Act.
|
Council for the local government area in which the
building is situated or, if the building is not situated in a local government
area, the Agency having responsibility for roads and stormwater
drainage.
|
Consumer Affairs and Fair Trading (Pawnbrokers
and Second-hand Dealers) Regulations
|
|
|
Schedule, item 4
|
municipal council, or a community government
council, within the meaning of
|
council constituted under
|
Court Security
Regulations
|
|
|
regulation 2(2)(e)
|
section 225
|
Part 18.2
|
Darwin City Council
By-laws
|
|
|
by-law 21(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
by-law 147(1)
|
whole clause
|
|
by-law 174(1)
|
, at the expiration of the time referred to in
section 17 of the Act,
|
|
by-law 174(2)
|
, as required by section 17 of the
Act,
|
|
by-law 178
|
For the purpose of section 55 of the Act,
|
Subject to the Act,
|
by-law 184(1), definition authorised
person
|
section 204
|
Part 9.6
|
by-law 203(a)
|
section 119
|
section 116
|
Katherine Town Council
By-laws
|
|
|
by-law 137(1)
|
whole clause
|
|
by-law 164(1)
|
, at the expiration of the time referred to in
section 17 of the Act,
|
|
by-law 164(2)
|
, as required by section 17 of the Act,
|
|
by-law 168
|
For the purpose of section 55 of the
Act,
|
Subject to the Act,
|
Local Government (Darwin Parking Local Rates)
Regulations
|
|
|
regulation 1A
|
whole regulation
|
|
regulation 2, definition local
rate
|
whole definition
|
local rate or local
rates means special rates under section 156 of the Act.
|
regulation 4(b)
|
rate book kept under section 148 of the
Act
|
assessment record
|
regulation 5(1)
|
whole subregulation
|
(1) The provisions of the Act for correction of
entries in the assessment record apply to the parking usage schedule (with
necessary modifications).
|
regulation 8(2)
|
section 160(2) of
|
|
regulation 9(2)
|
rate book kept under section 59 of the
Act
|
assessment record
|
Palmerston (Animal Management)
By-laws
|
|
|
by-law 17(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Palmerston (Procedures for Meetings)
By-laws
|
|
|
by-law 33
|
prescribed under section 56 of the Act as
confidential
|
classified by regulations under the Act as
confidential business
|
Palmerston (Public Places)
By-laws
|
|
|
by-law 23(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Palmerston (Signs, Hoardings and Advertising)
By-laws
|
|
|
by-law 11(2)(b)(i)
|
section 194(4)
|
section 245(2)
|
Real Property (Unit Titles)
Regulations
|
|
|
regulation 10(2)(b)(ii)
|
council area
|
area
|
Schedule 1, Form 11, Note 1, paragraph
(a)
|
whole paragraph
|
(a) in the case of land within the area of a council
– the council for the area; and
|
Tennant Creek (Control of Public Places)
By-laws
|
|
|
by-law 44(5)
|
section 235
|
section 116
|
Tennant Creek (Flammable Undergrowth)
By-laws
|
|
|
by-law 3, definition
council
|
whole definition
|
council means the Barkly Shire
Council.
|
by-law 3, definition
municipality
|
whole definition
|
municipality means the former
municipality of Tennant Creek.
|
Tennant Creek (Garbage)
By-laws
|
|
|
by-law 11(2)
|
section 235
|
section 116
|
Victims of Crime Assistance
Regulations
|
|
|
regulation 26(a)(vi)
|
whole subparagraph
|
(vi) a by-law of a council constituted under the
Local Government Act;
|
regulation 26(c)
|
whole paragraph
|
(c) a person found guilty of an offence prosecuted
by a council constituted under the Local Government Act.
|
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