Local Government Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

LOCAL GOVERNMENT ACT

As in force at 11 September 2007

TABLE OF PROVISIONS

Section

PART I – PRELIMINARY

1.          Short title
               2.          Commencement
               3.          Definitions
               4.          Delegations by Minister

PART 2 – COUNCILS

Division 1 – Councils

5.          Councils and titles
               6.          Council area may have non-contiguous parts
               7.          Council a body corporate
8.          Council offices

Division 2 – Members of Councils

9.          Qualification as member
               9A.       Officer or employee of council as member
             10.          Declaration by members
             10A.       Term of office
             11.          Vacancy in office of member
             12.          Appointments to fill certain vacancies
13.Member standing for Territory or Federal election
13A.Officer or employee standing for Territory or Federal election

14. Disqualification as member may be determined

Division 2A – Role of members

14A.Role of member
14B.Role of presiding member

Division 3 – Meetings

15.Community government constitution may provide differently
16.Contact details for service and service of members
17.Ordinary meeting
18.First meeting of council
19.Notice of meeting of council
19A.Place where meetings held
19B.Special meetings
19C.Special meeting of committee
19D.Meeting may be postponed
19E.Quorum
19F.Chairperson of meeting
19G.Conduct of meeting
19H.Meeting open except as prescribed
19J.Voting
19K.Minutes

Division 4 – Interests of Members

20.          Interests of members of councils or committees
             21.          Action after declaration of interest
             21A.       No improper use of information by member
22.          Offence, &c.

Division 5 – Allowances and Expenses

23. Allowances and expenses

Division 6 – Miscellaneous

24.          Minister may do certain things in relation to elections
             25.          Conduct prejudicial to elections
             26.          Periodic review of electoral representation by council
             27.          Validity of actions of council
28.Protection of members, officers, &c., against legal proceedings

PART 2A – RE-STRUCTURING ORDERS

28A.      Orders by Minister
             28B.      Effect of order
             28C.      Prospective councils
             28D.      Tabling of order

PART 3 – MATTERS SPECIFIC TO MUNICIPAL GOVERNMENT

Division 1 – Constitution of Municipalities

29.          Constitution of municipality
             30.          Boundaries of municipalities and wards, &c.
             31.          Correction of error
             32.          Application for exercise of powers
33.          Consequences where power exercised

Division 2 – Municipal Council Membership

34.          Composition of municipal councils
             35.          Titles of members
             36.          Deputy mayor

Division 3 – Municipal Elections

37.          First general election
             38.          General elections
             39.          By-elections
             40.          Date for holding by-elections, &c.
             41.          Enrolment
             42.          Electors shall vote
             43.          Roll of electors
             44.          Returning officer
             45.          Delegations by returning officer
             46.          Nomination day
             47.          Nomination
             48.          Conduct of elections
             49.          Adjournment of polling in emergency
             49A.       Disputed elections

PART IV – RATES AND CHARGES

Division 1 – Ratable Land

58. Ratable land

Division 2 – Rate Book

59.          Rate book
             60.          Maintenance of rate book
             61.          Ratepayer to advise of change of address
             62.          Entries relating to urban farm land
63.          Appeals relating to entry in rate book

Division 3 – Rates and Charges

64.          Declaration of rates and charges
             65.          Assessed value as basis of valuation
             66.          Uniform rate
             67.          Differential rates
             68.          Rates on multi-zoned parcels
             69.          Local rate
             70.          Public submissions on proposed local rate
             71.          Urban farm land rate
             72.          Minimum rates
             73.          Special rate
             74.          Charges for services in relation to land
74A.       Irregularity

Division 4 – Payment of Rates and Charges

75.          Public notice of rates and charges
             76.          Levying rates and charges
             77.          Persons liable to pay rates and charges
             78.          Apportionments
             79.          Liability for one rate only
             80.          When rates and charges due and payable
             81.          Discount for prompt payment
             82.          Penalty for late payment
             83.          Council to pay interest on certain rates refunded
             84.          Application of payments
85.          Combined rates to be apportioned by council

Division 5 – Concessions

86.          Waiver of deferment of rates or charges
             87.          Financial hardship resulting from valuation, &c., changes
             88.          Ratepayer may request review
             88A.       Anomaly or inequity
89.          Concessions relating to public benefit

Division 6 – Recovery of Unpaid Rates or Charges

90. Rates and charges a charge on land
91.Council may require occupier to pay rent in payment of rates or charges

92.          Council may sue for rates and charges
             93.          Proof of declaration of rates and charges
             94.          Sale of land for unpaid rates and charges
             95.          Prohibition on certain persons buying other than at auction

PART 5 – MATTERS SPECIFIC TO COMMUNITY GOVERNMENT

Division 1 – Application

96. Application of Part

Division 2 – Constitution of Community Government Councils

97.          Contents of community government constitution
             98.          Consitution may provide for rates and charges
           100.          Application for constitution of community government council
           101.          Explanation of application
           102.          Preparation of draft community government consitution
           103.          Exhibition of draft consitution
           104.          Consultation
           105.          Approval of consitution
106.Notice of approval of community government constitution

107. Replacement or amendment of consitutions
108. Approved constitution to be law of the Territory

Division 3 – Community Government Council Elections

109.          First general election
           110.          First members may be appointed
           111.          General elections
           112.          By-elections
           113.          Electors shall vote
           114.          CEO to notify Minister of election results
           114A.       Disputed elections

Division 4 – Bringing of local governing associations under this Act

114B.       Object
           114C.       Definitions
           114D.       Minister to amend constitutions
           114E.        Tabling of constitution
           114F.        Conversion of local governing associations
           114G.       Application of Divisions 2 and 3

PART 6 – POWERS AND FUNCTIONS OF COUNCILS

Division 1 – Powers

115.          Powers of council
           116.          Council may carry out work for other persons
           117.          Contracts
           118.          Council may compound
119.Members and officers, &c., of council may enter land, &c., for certain purposes

Division 2 – Functions

120.Councils charged with peace, order and good government of area

121.          Functions of municipal councils
           122.          Functions of community government councils
           122A.       Core functions of councils
           123.          Performance of function, &c., on behalf of Territory
           124.          Function performed outside council area
           125.          Members, &c., to act only in relation to functions of council
           126.          Council shall act as trustees of cemetery
           127.          Council's powers under Places of Public Entertainment Act
128.Minister may extend council powers to non-councils

Division 3 – Council Property

129. Property
130. Compulsory acquisition of property

Division 4 – Roads

131.          Control of roads
           132.          Things growing or erected on, or affixed to, roads
133.          Fee simple in permanently closed roads

Division 5 – Committees

134.          Standing committees
           135.          Management committees
136.          Advisory committees

Division 6 – Meetings of Electors

137.          Meetings of electors
           138.          Chairman of meeting of electors
           139.          Voting at meeting of electors
           140.          Proceedings at meeting of electors
           141.          Council to consider resolutions

Division 7 – Officers and Employees of Councils

142.          CEO
           142A.       Role of CEO
           143.          Other officers or employees
           143A.       Human resource management principles
144.Delegation by council or CEO to officers or employees

145.          Interests of officers and employees
           145A.       No improper use of information by officer or employee
           146.          Fidelity insurance
           147.          Portability of long service leave
148.          Suspension or dismissal of officers or employees

Division 8 – Administration

149.          Access to information
           149A.       Protection of privacy
           150.          Referendum or survey by council
           151.          Fees payable under other Acts, &c.
152.          Advice and proposals

Division 9 – Financial Administration

153.          Financial accounts
           154.          Income
           155.          Expenditure
           156.          Allocation of income and expenditure
           157.          Council funds
           158.          General fund
           159.          Trust fund
           160.          Expenditure from trust fund
           161.          ADI accounts
           161A.       Business plan
           162.          Estimates
           163.          Council should not budget for deficit
           164.          Statements of income and expenditure
           165.          Annual financial statement
           165A.       Annual report
           166.          Investment of surplus money
           167.          Reserves or provisions
           168.          Long service leave provision
           169.          Loan repayment reserve
           170.          Borrowings and overdraft
           171.          Use of loan money restricted
           172.          Renewal loan
           173.          Sale of assets purchased from loan
           174.          Council may issue debentures, &c., as security
           175.          Territory grants and subsidies
176.          Unclaimed deposit or trust money or property

Division 10 – Auditor and Audits

177.          Auditors
           178.          Persons disqualified as auditors
           179.          Vacancy
           180.          Minister may appoint auditor in certain circumstances
181.          Powers and duties of auditor

Division 11 – Minister May Require Compliance

181A. Minister may require compliance

PART 7 – REGULATORY

Division 1 – By-laws

182.          Power to make by-laws
           183.          Proposed by-laws inconsistent with regulation under other Act
           184.          Making by-laws
           185.          Model provisions for by-laws
           185A.       Court may order destruction of animal
           186.          By-laws relating to animals
           186A.       Registration of non-resident dogs
           187.          By-laws relating to fees, &c., licences, &c.
           188.          By-laws relating to works
189.By-laws may provide for matters of evidence and burden of proof

190.          By-laws may provide for prohibition, &c.
           191.          By-laws may provide for enforcement
           192.          By-laws may create regulatory offences
           193.          Penalties
           194.          Infringement offences and notices
           195.          By-laws in relation to offences concerning motor vehicles
           196.          Inconsistency between by-law and trust
           197.          Regulations under other Act to prevail over existing by-laws
           198.          Applicability of by-laws
           199.          Offences under by-law and another law of Territory
           200.          Proof of by-laws
           201.          By-laws to be made available to public
201A.       Appeal to Tribunal against decision under by-law

Division 2 – Regulations

202. Regulations
203. Council may enter into agreement to administer regulations

Division 3 – Authorised Persons

204. Appointment of authorised person
205. Powers of authorised person
205A.Additional powers of authorised persons in relation to animals in an emergency

205B. Assistance of police
206. Entry warrant

Division 4 – Miscellaneous

207.          Proceedings
           208.          Fines and penalties to be paid to council
           209.          Service of summons, &c., on council
           210.          Service of notices
           211.          Continuing effect of notice served on owner or occupier
           212.          Recovery of damages, &c.
           213.          Documents kept in electronic form
           214.          Proof of service of notices, &c.
           215.          Proof of minutes
           216.          Proof of certain matters not required
           217.          Proof of public road, &c.
           218.          Proof that person owner, &c.
           219.          Averments as to official traffic signs

PART 8 – MISCELLANEOUS

220. Occupier may carry out required work in certain circumstances
221.Entry of owner on occupied land to carry out work required by council

222. Notice of change of ownership of land
223. Certificate of liabilities, notices, orders, &c.

PART 9 – LOCAL GOVERNMENT ASSOCIATION

224.Incorporation of local government association of the Northern Territory

PART 10 – LOCAL GOVERNMENT TRIBUNAL

225.          Local Government Tribunal
           226.          Powers of Tribunal
           227.          Registrar of Tribunal
           228.          Certificate relating to orders
           229.          Sittings of Tribunal
           230.          Tribunal not bound by strict legal procedure
           231.          Representation of parties
           232.          Person summoned to attend
           233.          Witness to give sworn evidence
           234.          Tribunal may order costs
           235.          Appeal against council decision
           236.          Application under section 94 for directions
           237.          Appeal against surcharge
           238.          Obligation to pay rate or charge not suspended
           239.          Rules and procedures
           240.          Appeal to Supreme Court

PART 11 – INSPECTORS AND INSPECTIONS

241.          Appointment of inspectors of local government
           242.          Functions of inspectors
           243.          Powers of inspector
           243A.       Compliance with report
244.Procedure where inspector considers expenditure, &c., should be disallowed

245.          Inspector to make surcharge in certain circumstances
           246.          Person surcharged may appeal to Tribunal
           247.          Surcharge a debt due to council
248.Council may appropriate certain money, &c., in satisfaction of surcharge

249. Member owing surcharge

PART 12 – INQUIRIES

250.          Minister may establish inquiry
           251.          Protection of Commissioner
           252.          Not bound by rules of evidence
           253.          Submissions
           254.          Access to documents and other things
           255.          Power to summons
           256.          Witnesses may be represented by counsel
           257.          Examination upon oath or affirmation
           258.          Refusal to swear or give evidence
           259.          Protection and liability of witnesses
           260.          Inquiry may be held in private
           261.          Publication of reports of proceedings
           262.          Minister may redirect inquiry
           263.          Outcome of inquiry

PART 13 – DISMISSAL OF MEMBERS OF COUNCILS

264.          Suspension of members of council
           264A.       Reinstatement or dismissal of members
           264B.        Minister may appoint Commissioner
           264C.        Election after dismissal of members
           265.          Community government constitution may be repealed

PART 13A – PERSONAL LIABILITY

265A.       Restriction of liability
           265B.       Confidentiality of information
           265C.       Tampering with documents

PART 14 – REPEAL, SAVINGS AND TRANSITIONAL

266.          Repeal
           267.          Savings
           268.          Transitional
269.         Acquisition on just terms

SCHEDULE 1

SCHEDULE 2

Endnotes

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Act as in force at 11 September 2007. Any amendments that commence after that date are not included.

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LOCAL GOVERNMENT ACT

An Act to continue to provide for the constitution of municipalities and community government areas and for the election of self-governing authorities to control municipalities and community government areas, to provide for a similarity of power and function between self-governing authorities, and for other purposes

PART I – PRELIMINARY

Short title
This Act may be cited as the Local Government Act.
Commencement
The provisions of this Act shall come into operation on such date or dates as is or are fixed by the Administrator by notice in the Gazette.
Definitions
In this Act, unless the contrary intention appears –
"acting CEO" means a deputy CEO or other person when acting as the CEO;
"acting mayor", in relation to a municipality, means the deputy mayor or other person when acting as the mayor;
"adopted estimates" means the estimates of a council as adopted by resolution under section 162 and as may be amended from time to time by the council under that section;
"alderman" means a person who is appointed or elected to the office of alderman for a municipality or ward of a municipality and who holds office as an alderman under this Act;
"assessed value", in relation to land, means one or more of the valuations in the valuation roll which a council determines as the assessed value for the land;
"Association" means the Local Government Association of the Northern Territory constituted by section 224;
"auditor" means the person who is appointed and holds office under section 177 as the auditor of a council;
"authorised holding" means –
(a)a business area;
(b)a market garden area; or
(c)a residence area,
being areas of land occupied under the "repealed Act", within the meaning of section 4(1) of the Mining Act, where the occupation is continued in force by section 191(19) of that Act;
"authorised person" means an authorised person within the meaning of section 204;
"by-election" means an election held under section 39 or section 112;
"by-law" means a by-law made by a council;
"CEO" means a person appointed under section 142(1) as the chief executive officer of a council;
"charge", where a charge is made in relation to land, includes a penalty imposed for late payment of the charge;
"Commissioner" means a person appointed under section 250 as a Commissioner to conduct an inquiry under this Act;
"committee" means a committee of a council established under section 134, 135 or 136;
"community government area" means the area for which a community government council is vested with powers of local government under its constitution and this Act;
"community government constitution" means the constitution of a community government council;
"community government council" means the community government council for a community government area elected or appointed in accordance with Part 5;
"constitution" means a community government constitution;
"council" means a municipal council or, as the case may be, a community government council;
"council area" means a municipality or, as the case may be, a community government area;
"deputy CEO" means a person appointed under section 142(3) to be the deputy CEO of a council;
"deputy mayor" means a member who is appointed –
(a)under section 36(1), to be the deputy mayor; or
(b)under section 36(2), to fill the vacancy in the office of deputy mayor;
"differential rates" means rates calculated under section 67;
"document" means any record of information and includes, in addition to a document in writing –
(a)any book, map, plan, graph or drawing;
(b)any photograph;
(c)any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom; and
(d)any film, negative, disc, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other device) of being reproduced therefrom;
"election" means a general election or by-election;
"elector" means a person who is entitled to be enrolled for, and to vote at, an election held in relation to a council area;
"flat rate per parcel" means a general rate declared at the same amount on each parcel of land within a municipality or within a specified –
(a)ward;
(b)town, within the meaning of the Crown Lands Act;
(c)part of a municipality; or
(d)zone, under the applicable development provisions under the Planning Act,
without regard for the assessed value of the parcel of land;
"footpath" means that part of a road which has been made or set apart for use otherwise than for the passage or accommodation of motor vehicles;
"general election" means an election for a municipal council under section 38 or for a community government council under section 111;
"general rates", in relation to a parcel of land, means the amount raised by a municipality as rates for general purposes –
(a)by applying a uniform rate or differential rate to the assessed value of the parcel; or
(b)by a flat rate per parcel;
"inspector" means an inspector of local government appointed under section 241;
"land", for the purposes of Part 4, means a parcel of land registered under the Land Title Act and includes a unit or building lot within the meaning of the Unit Titles Act and an authorised holding;
"local rate" means a rate declared under section 69 for a specific purpose in relation to a part of a municipality;
"lot", in relation to land, has the same meaning as in the Land Title Act;
"mayor", in relation to a municipality, means the person who is elected under this Act and declared under section 48, or appointed under section 12(2), as the mayor of the municipality and includes an acting mayor;
"member", in relation to a council, means an alderman or member of a community government council and includes the mayor, president, chairman or person, by whatever name called, presiding over the council;
"municipality" means a part of the Territory constituted under section 29 or 30(1)(c)(ii) as a municipality and in existence under this Act;
"municipal council" means the body corporate which exists as a result of the constitution of a municipality and consists of the mayor and aldermen elected or appointed, under this Act, to the council;
"nomination day", in relation to a municipal election, is the day calculated under section 46 in relation to the election;
"occupier" means a person who, either jointly or alone, has the actual physical possession of land to the substantial exclusion of other persons from participating in the enjoyment of the land;
"officer or employee" means a person who is appointed by a council to an office of the council or is otherwise employed by a council and includes the CEO and auditor but does not include a member of a council as such;
"ordinary meeting" means a meeting of a council held at more or less regular intervals to satisfy the requirements of this Act or a community government constitution;
"owner", in relation to land, includes –
(a)the registered proprietor under the Land Title Act, of an estate of freehold in possession;
(b)as regards land not under that Act, a person who is seized of an estate of freehold in possession or, if that estate is subject to a redemption under mortgage, the person who upon payment of the mortgage would be entitled to a conveyance of such an estate;
(c)a person who has agreed to purchase an estate of the nature mentioned in paragraph (a) or (b) and is, under the terms of the agreement for purchase, entitled to possession of, or to receive the rents and profits from, the land; and
(d)a person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits from the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise;
"part of a municipality" means 2 or more parcels of ratable land in the municipality which together indicate a commonality of location, use, topography or other feature and which are adjoining or are only separated by a reserve, road, river, watercourse or tidal or
non-tidal water or other like division;
"President" means the President of the Tribunal;
"presiding member" means the mayor, president, chairman or person, by whatever name called, presiding over a council, and includes a deputy or other person when acting as the presiding member;
"ratable land" means all land which, under section 58(1), a municipal council must rate;
"rate" means a rate declared under this Act by a council and includes a penalty imposed for late payment of the rate;
"rate book" means the record kept under section 59;
"ratepayer" means the person liable under this Act to pay the rates in relation to a parcel of land;
"register of interests" means the register kept by a CEO for the purposes of section 21(1);
"Registrar of the Local Court" has the same meaning as in the Local Court Act;
"resident", in relation to a community government area or an area in respect of which an application has been made to establish a community government council under section 100 (and has not been withdrawn), means a person who –
(a)has attained the age of 18 years; and
(b)has been, for not less than 3 months, ordinarily resident in the area;
"residential unit" means a dwelling house, flat or other substantially self contained residential unit or building lot but, except in sections 77(6) and 122(3)(b), does not include a unit within the meaning of the Unit Titles Act;
"returning officer", in relation to an election in a municipality, means the person appointed under section 37(1) or 44 as the returning officer for that election;
"road" means –
(a)in relation to a municipality, land which –
(i) at the date when this Act comes into operation is a road within the meaning of the Control of Roads Act;
(ii)is proclaimed, dedicated, resumed or otherwise established as a public street, road or thoroughfare;
(iii)comprises a street, road, court, alley, thoroughfare or cul-de-sac of which the public has had uninterrupted use, whether before or after the date when this Act comes into operation, or partly before and partly after that date, for at least 5 years and which the council, by notice in the Gazette, declares to be a public road;
(iv)is reserved or left as a road in a subdivision of Crown lands; or
(v)is conveyed or transferred to a council in fee simple and is accepted by the council as a road; and
(b)in relation to a community government area, land which is specified as a road in the area by notice under section 131(2);
"special meeting" means a meeting of a council convened under section 19B;
"special rate" means a rate declared under section 73 at the same amount on each parcel of land within a municipality for a specified purpose relating to the whole of the municipality;
"Tribunal" means the Local Government Tribunal continued under section 225;
"uniform rate" means a rate calculated under section 66;
"urban farm land" means a parcel of land which is more than 0.8 ha in area and which is wholly or mainly used for the time being by the occupier for carrying on a prescribed business or industry and from which the whole or a substantial part of the occupier's livelihood is derived;
"valuation roll" means the valuation roll prepared and maintained under the Valuation of Land Act.

Delegations by Minister
(1)      The Minister may, by instrument in writing, delegate to a person any of the Minister's powers and functions under this Act, other than this power of delegation.
(2)      A delegation under subsection (1) may be made to a named person or to the person for the time being holding, acting in or performing the duties of a named office, designation or position.
(3)      A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purpose of this Act, be deemed to have been exercised or performed by the Minister.
(4)      A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.

PART 2 – COUNCILS

Division 1 – Councils

Councils and titles
There shall be a council for each municipality and community government area, and the council shall be known by the name of its municipality or community government area in one of the following forms:
(a)the .......... City Council;
(b)the .......... Town Council;
(c)the .......... Shire Council;
(d)the .......... Community Government Council;
(e)a form approved by the Minister.
Council area may have non-contiguous parts
A council area may consist of 2 or more non-contiguous areas of land.
Council a body corporate
(1)      A council is a body corporate with perpetual succession and a common seal, and shall be capable –
(a)of suing and being sued;
(b)of acquiring, holding and disposing of real or personal property (whether within or outside the council area); and
(c)subject to this Act, of doing and suffering all such other acts and things as a natural person may do and suffer.
(2)      The common seal of a council shall –
(a)bear the name of the council together with such other words, letters, signs and devices as it thinks fit; and
(b)be kept at the council office.
(3)      A person who affixes the common seal of a council other than in pursuance of a resolution of the council commits an offence.
Penalty:         20 penalty units.
(4)      All courts, judges and persons acting judicially shall take judicial notice of the common seal of a council affixed to a document and, unless the contrary is proved, presume that it was duly affixed.
Council offices
(1) A council must establish and maintain an office that is open to the public at the times determined by the council.
(2) An office of a council is to be located within the council area unless the Minister approves in writing the establishment of an office in a location outside the council area.

Division 2 – Members of Councils

Qualification as member
(1)      Subject to subsection (2), a person shall not hold or, if the person is a member, continue to hold, office as a member of a council if that person –
(a)is not validly enrolled as an elector for the council area or, subject to a community government constitution, if validly enrolled, changes residence to a place outside the area or takes any other action which, if an election were held as soon as practicable after the change of residence or the taking of the action, would invalidate that enrolment as an elector for that election;
(b)holds a judicial office, other than as a justice of the peace;
(c)is an undischarged bankrupt;
(d)has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit;
(e)has been sentenced to a term of imprisonment for 12 months or more for an offence and that term has not expired;
(f)holds an office of profit under, or at the disposal of, the council except as provided by section 9A;
(g)owes the council the amount of a surcharge or part of a surcharge for a period of more than 6 months commencing with the day on which the person was disqualified from carrying out any duties of office under section 249;
(j)in relation to land within the council area, owes the council rates or charges which have been due and payable for more than 6 months; or
(k)is the subject of a report of the Chief Health Officer, based on advice from 2 medical practitioners, that as a result of the member's mental illness, as defined in the Mental Health and Related Services Act, he or she has become incapable of performing his or her duties as a member and is unlikely to be able to perform them for the remainder of his or her term of office as a member.
(2)      A person is not disqualified from holding or continuing to hold office as a member of a council by reason only that the person receives or is entitled to receive an allowance fixed or paid under section 23.
(3)      A member retiring from or ceasing to hold office is, if qualified, eligible for re-election.

9A.Officer or employee of council as member
(1) Unless approved by the Minister in writing –
(a)a person who is an officer or employee of a council cannot hold office as a member of the council; and
(b)a person who is a member of a council and becomes an officer or employee of the council cannot continue to hold office as a member.

(2)      On application by a council, the Minister may approve a person holding office as a member of a council while also being an officer or employee of the council.
(3)      The Minister's approval under subsection (2) may be given –
(a)      generally; or
(b)      for a specific case.
(4)      Despite subsection (3), a general approval by the Minister in relation to the council does not apply if the position held (or proposed to be held) as an officer or employee is that of CEO, chief financial officer or chief works officer (however titled) and the Minister's approval is required for the specific case.
(5)      A council may apply to the Minister, and the Minister may give his or her approval, before an officer or employee of the council nominates for election as a member, or before a member of the council applies for appointment as an officer or employee with the council, as the case may be.
(6)      If the Minister gives his or her approval in a specific case for a person to hold office as a member of a council while also being an officer or employee of the council, the approval is valid only for one term of office as a member but the council may apply for approval for the person to continue, if
re-elected, to hold office as a member.

Declaration by members
(1) A person elected or appointed or re-elected or re-appointed to be a mayor or alderman of a municipality, or a presiding member or member of a community government council, shall not act in that office until a prescribed declaration has been made and lodged with the CEO.
(2) If there is not a CEO to receive a declaration under subsection (1), the declaration is to be lodged with a person nominated in writing by the Minister to receive the declaration.

10A.Term of office
(1) The term of office of a member begins –
(a)on the day that the results of the poll are declared; or
(b)if no poll is conducted – on the day that the candidates are declared to be elected.

(2) The term of office of a member expires immediately prior to the commencement of a new term of office or on the day that a casual vacancy occurs in the office.

Vacancy in office of member
(1)      The office of a member of a council becomes vacant where the member –
(a)dies;
(b)is disqualified under section 9 from continuing to hold office;
(c)except as otherwise provided by a community government constitution, is absent, without leave of the council, from all meetings of the council (disregarding committee meetings) held during a continuous period of 3 months;
(d)fails to complete a prescribed declaration under section 10, or lodge it with the CEO or, if there is not a CEO, a person nominated by the Minister, before the expiration of 3 months after election or appointment as a member;
(e)signs a notice of resignation under subsection (3); or
(f)is disqualified from holding or continuing to hold office pursuant to a determination of the Tribunal.
(1A)    If the office of a member of a council would become vacant under subsection (1)(d) and the Minister is of the opinion that, in the circumstances, the member should have the opportunity to rectify the failure to lodge a declaration, the Minister may grant an extension of time as the Minister thinks fit within which the member may lodge the declaration.
(2)      In relation to a municipal council, the office of an alderman becomes vacant where the alderman is –
(a)at a by-election, elected mayor; or
(b)under section 12(2), appointed by the council to be the mayor.
(3)      The resignation of a member takes effect on receipt by the CEO of a written notice of resignation or on such later date, not more than 14 days in advance, as may be specified in the notice of resignation (but, subject to section 13, once the notice is received by the CEO the resignation cannot be withdrawn).
(4)      Where, under subsection (1) or (2), the office of a member becomes vacant the CEO shall, as soon as practicable, notify –
(a)the council; and
(b)the Chief Electoral Officer or the returning officer (where this is not the CEO),

of the occurrence of the vacancy.

Appointments to fill certain vacancies
(1)      Where the office of an alderman becomes vacant within 12 months of the next general election, the vacancy so created may be filled by the appointment by the municipal council of a person to act as an alderman and a person so appointed shall hold office until the declaration of the poll at that election, but if no appointment is made the vacancy shall not be filled before that election.
(2)      Where the office of the mayor becomes vacant within 12 months of the next general election, the municipal council shall appoint an alderman to be the mayor and the alderman so appointed shall hold office as the mayor until the declaration of the poll of that election.
(3)      A vacancy in the office of a member of a community government council shall be filled in accordance with its constitution.
Member standing for Territory or Federal election
(1)      A person who is a member of a council and who is, or is to be, nominated for election to the Legislative Assembly, House of Representatives or Senate may give notice in writing to the CEO of the council of the person's resignation from the council under this section.
(2)      When a member gives notice of resignation under subsection (1), the office of the member becomes vacant but the vacancy cannot be filled under section 12, and a by-election cannot be held under section 39, until the expiry of the period within which the person may apply under this section to be reinstated to the office.
(3)      A person who has given notice of resignation under this section may apply in writing to the CEO of the council to be reinstated to the office from which he or she resigned –
(a)before the election in relation to which the resignation was tendered – if the person withdraws his or her consent to act as a member of the Legislative Assembly, House of Representatives or Senate (as the case may be) if elected or ceases to be qualified to be a candidate for election; or
(b)if the person was not successful in the election in relation to which the resignation was tendered – before the expiry of the seventh day after the declaration of the poll for the election,

and the council must reinstate the person to the office from which he or she resigned, effective on and from the day the application for reinstatement was received by the CEO.

(4) Despite section 23, a person reinstated to office under this section is not entitled to any remuneration or allowance as a member during the period in which the resignation had effect.

13A. Officer or employee standing for Territory or Federal election

(1)      A person who is an officer or employee of a council and who is, or is to be, nominated for election to the Legislative Assembly, House of Representatives or Senate may give notice in writing to the CEO of the council of the person's resignation from the office or employment with the council under this section.
(2)      A notice of resignation under this section cannot be expressed to take effect more than one month before the date on which nominations for the election are to close.
(3)      A person who has given notice of resignation under this section may apply in writing to the CEO of the council to be reinstated to the office or employment from which he or she resigned –
(a)before the election in relation to which the resignation was tendered – if the person withdraws his or her consent to act as a member of the Legislative Assembly, House of Representatives or Senate (as the case may be) if elected or ceases to be qualified to be a candidate for election; or
(b)if the person was not successful in the election in relation to which the resignation was tendered – before the expiry of the seventh day after the declaration of the poll for the election,

and the council must (subject to subsection (4)) reinstate the person as an officer or employee of the council effective on and from the day the application for reinstatement was received by the CEO and at a salary equivalent to the salary the person had immediately before his or her resignation took effect.

(4) If the position or capacity in which a person was employed immediately before his or her resignation under this section took effect is not available with the council, the person is to be appointed to another available position (if any) that the person is qualified to hold and that –
(a)is as near as possible to the position or capacity in which the person was previously employed; and
(b)carries a salary as near as possible to the salary that the person previously received.

(5) A person who is reinstated under this section is taken, for all employment related purposes other than the calculation of recreation or sick leave entitlements, to have continued in the employment of the council on unpaid leave during the period from the day the person's resignation took effect until the person's reinstatement.

Disqualification as member may be determined
Where the CEO or another person (being a person ordinarily resident in the council area) has reason to believe that a member is not qualified to hold, or continue to hold, office as a member, the CEO shall, as soon as practicable, and the person may, apply to the Tribunal for a determination as to whether the member is so qualified.

Division 2A – Role of members

14A.Role of member
(1) The role of a member, as a member of the council and jointly with the other members, is –
(a)to direct and control the affairs of the council in accordance with the Act;
(b)to ensure the most effective and efficient allocation of the council's resources for the benefit of the council area;
(c)to participate in the deliberations of the council and its community activities;
(d)to ensure the council's adopted policies and objectives are appropriate and kept under review; and
(e)to review the performance of the council and it's business plans, revenue policies and delivery of services.

(2) The role of a member, as a person elected to represent the community, is –
(a)to represent the interests of the residents and ratepayers of the council area;
(b)to provide leadership and guidance to the community; and
(c)to facilitate communication between the community and the council.

(3) A member has no direct authority over an officer or employee of the council in relation to the way in which the officer or employee performs his or her duties.
14B.Role of presiding member
The role of the presiding member (in addition to his or her role under section 14A as a member) is –
(a)subject to section 18, to chair all meetings of the council;
(b)to act as the principal spokesperson of the council (unless otherwise determined by the council either generally or in a specific instance);
(c)to perform other council-related functions as determined by the council from time to time; and
(d)to carry out the civic and ceremonial functions of the office of the presiding member.

Division 3 – Meetings

Community government constitution may provide differently
A community government constitution may provide that a matter dealt with in this Division is to be dealt with differently under the constitution.
Contact details for service and service of members
(1) A council must maintain a register of contact details provided by each member of the council and each member of a committee.
(2) For the purposes of this Act, a notice summoning an ordinary meeting of the council or a committee is served on a member if –
(a)the notice is posted to the address provided by the member or served personally on the member; or
(b)the content of the notice is transmitted to the member by telephone, radio, facsimile transmission, electronic mail or other means using the contact details provided by the member.
Ordinary meeting
(1) An ordinary meeting of –
(a)a municipal council is to be held at least once in each month; and
(b)a community government council is to be held at least once in each two-monthly period so that at least 6 meetings are held in each financial year.
(2) Any business of, or relating to, the council may be transacted at an ordinary meeting.
First meeting of council
Within 14 days after the declaration of a poll at a general election –
(a) the CEO; or
(b)if the general election is the first for the council – the Minister,

must summon an ordinary meeting of the council.

Notice of meeting of council
(1)      A notice summoning a meeting of a council –
(a)      is to be given to each member;
(b)is to be in writing signed by the CEO or, if there is not a CEO, by a person nominated by the Minister;
(c)is to state the date, time and place of the meeting;
(d)if it is a notice of a special meeting of the council – is to set out the business to be transacted at the meeting; and
(e)is to give not less than –
(i)       3 days notice of an ordinary meeting; or
(ii)      4 hours notice of a special meeting.
(2)      When notice of a meeting is given to members, a copy of the notice is to be posted on a public notice board at the council office and is to remain on the notice board until after the meeting has been held.

19A.Place where meetings held
Each meeting of a council and of any of its committees is to be held at the council office or another place that the council or committee thinks fit.
19B.Special meetings
(1)      A special meeting of a council may be convened by a direction to summon a special meeting given to the CEO by any of the following:
(a)      the presiding member;
(b)      3 or more members;
(c)      the council by resolution.
(2)      A direction under subsection (1) is made by serving on the CEO a notice that sets out the date and time of the special meeting (subject to section 19(1)(e)(ii)) and the business to be transacted.
(3)      If the CEO is served with a notice under subsection (2), he or she must summon a special meeting of the council in accordance with the notice.
(4)      The only business that may be transacted at a special meeting is the business set out in the notice under subsection (2) unless all members are present at the special meeting and unanimously agree to the transacting of further business.
19C.Special meeting of committee
(1)      A special meeting of a committee may be called and held in accordance with rules made by the committee, subject to any directions given or restrictions imposed by the council.

(2) Where the members of a standing committee are readily available, the chairperson of the committee may, without written notice, call a special meeting of that committee to be held forthwith at a place specified by the chairperson.
19D.Meeting may be postponed
If it appears necessary or desirable to postpone a meeting of a council or a committee because of natural disaster, civil disturbance or other emergency, the CEO or the presiding member –
(a)may postpone the meeting for a period, or periods, not exceeding 21 days in total; and
(b)must notify, or attempt to notify, each person to whom notice of the meeting was given of the postponement and the date and time the postponed meeting is to be held.

19E.Quorum
(1) A quorum at a meeting of –
(a)a council is a majority of the members of the council then in office; and
(b)a committee is a majority of the members of the committee.

(2) If a quorum is not present within 30 minutes after the time fixed for a meeting of a council or committee, the presiding member or chairperson (or, in their absence, the CEO) must, without the need for further notice, postpone the meeting to a date, time and place, as is thought fit.
(3) For the purposes of establishing a quorum, a member is taken to be personally present at a meeting –
(a)if he or she is physically present; or
(b)despite that he or she is not physically present, if the member is connected by telephone, teleconferencing or other technological means that permits the member to hear each other member and permits each other member to hear the member who is not physically present.

(4)      Subsection (3)(b) applies only if a council has resolved that a member can attend a meeting by the technological means and the member's attendance is in accordance with any relevant procedures of the council.
(5)      If a community government constitution provides that a member can appoint a proxy to attend a meeting in the member's place, the proxy is not included for the purpose of establishing a quorum.
19F.Chairperson of meeting
(1)      The presiding member of a council is the chairperson for all meetings of the council.
(2)      The presiding member of a council is not the chairperson for a meeting of a committee of the council unless he or she has been appointed as the chairperson of that committee.
19G.Conduct of meeting
(1)      The procedures for the conduct of meetings of a council and of any of its committees are to be in accordance with by-laws made by the council in that regard.
(2)      If a council has not made by-laws in relation to the conduct of meetings, the council and committees of the council are to conduct meetings in accordance with the meeting procedures (if any) prescribed under this Act and, in the absence of a prescribed procedure, as the council decides.
19H.Meeting open except as prescribed
A meeting of a council (but not of its committees) is to be open to the public except where a matter prescribed by regulation as confidential is being considered or voted on.
19J.Voting
(1)      In relation to a question before a meeting of a council or committee –
(a)each member or member of the committee (as the case may be) present is entitled to one vote which, except for an abstention because of a member's interest in a matter (which abstention is to be recorded), must be exercised and the question is to be decided by a majority of votes of the members present;
(b)unless the council or committee unanimously agrees to a secret ballot on the question, voting is to be by a show of hands; and
(c)if there is an equal number of votes for and against a question, the presiding member may cast a deciding vote in addition to his or her vote as a member.

(2)      If a member is attending a meeting by telephone, teleconferencing or the like and it is not possible to discern the member's vote by a show of hands, the member's vote is to be recorded according to a spoken "yes" or "no" as the case may be.
19K.Minutes
(1)      The CEO must ensure minutes are kept of each meeting of a council or committee.
(2)      For the purposes of subsection (1), minutes are to set out –
(a)the proceedings of the meeting;
(b)the names of the members or the members of the committee present and the times they were in attendance at the meeting; and
(c)other prescribed matters.

(3)      Within 10 working days after a meeting of a council, the CEO must cause a copy of the unconfirmed minutes of that meeting (together with recommendations or reports referred to in the meeting which are not prescribed as confidential) to be made available for public inspection at the council office.
(4)      Minutes of a meeting of a council or committee are to be submitted for confirmation at the first ordinary meeting of the council or committee (as the case may be) after the meeting to which the minutes relate and, where the minutes are confirmed, with or without amendment, the presiding member of the meeting must sign the minutes certifying that they have been confirmed.
(5)      A person may obtain a copy of the confirmed minutes of a meeting of a council –
(a)on payment of a fee; or
(b)if the copy is certified by the CEO as a true and correct copy – on payment of a further fee,

as determined by the council.

Division 4 – Interests of Members

Interests of members of councils or committees
(1)      Where a member of a council or a committee of a council has an interest or possible interest in a matter before the council or committee, the member shall, as soon as practicable at a meeting at which the matter is to be dealt with and before the matter is discussed or debated, declare the interest or possible interest to the council.
(2)      For the purposes of subsection (1), the circumstances in which a member is taken to have an interest in a matter before the council or committee include, but are not limited to, where –
(a)the member, or a nominee of the member, is a member of a company or other body with which a contract is made or proposed to be made, or which has a direct or indirect interest in a matter under consideration, by the council or committee;
(b)the member is a partner with, or an agent for, or consultant to, or is in the employment of, a person with whom a contract is made or is proposed to be made or who has a direct or indirect interest in a matter under consideration, by the council or committee;
(c)the member is a member of an incorporated company which consists of not more than 25 persons, or a director, manager, or employee of, or agent for, such a company, which has an interest in a matter before the council or committee; or
(d)a spouse or de facto partner of the member has an interest of a kind referred to in paragraph (a), (b) or (c) and the member is aware of that interest.
(3)      For the purposes of subsection (1), a member shall not be taken to have an interest where the member, spouse or de facto partner has an interest referred to in subsection (2) –
(a)only as an elector or ratepayer and in common with, and to the same extent as, other electors or ratepayers;
(b)only because a matter, contract or proposed contract entails expenditure from money of or held by the council, and the member, spouse or de facto partner is, by paying rates or charges, a contributor to that money;
(c)in relation to the declaration of rates and charges or the fixing of a fee, fare, rent or due by the council;
(d)in relation to the terms and conditions on which the right to participate in services, including the supply of goods, is offered to the public;
(e)only as a consumer of gas, electricity or water supplied by the council in like manner, and subject to the same terms and conditions as are applicable to persons who are not members;
(f)only in planning and development matters which have a general application throughout the council area or where the interest of the member, spouse or de facto partner is an interest in common with a large number of electors within the part of the council area affected by the matter;
(g)in relation to the consideration of an application or request for a consent, permission, approval, authorisation, licence, permit, exemption or other right or privilege by or under this or another Act, provided that the extent of the interest of the member, spouse or de facto partner, as the case may be, is the same as other persons who are not members;
(h)only through service on local community bodies or membership of clubs, unions or other organisations which are non-profit organisations and where no personal gain to the member, spouse or de facto partner is involved;
(j)by reason of the member, spouse or de facto partner being insured by the council in pursuance of this Act;
(k)by reason of the receipt by the member of a travelling allowance under section 23 or other allowances or in pursuance of a resolution of the council;
(m)as a member of a body or institution, whether incorporated or not, resulting from an appointment or nomination for appointment made by the council or as a result of receiving fees or expenses in relation to that membership, if the purposes or objects of the body or institution are predominantly to benefit the public or are predominantly benevolent, philanthropic or charitable in nature, notwithstanding that the body or institution may incidentally make a commercial gain or profit in carrying out its purposes or, as the case may be, pursuing its objects;
(n)if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the member might make in relation to a matter; or
(p)in relation to a question as to whether an application should be made to the Minister for the suspension, under section 21(3), of the application of section 21(2) to or in relation to the member.
(4)      If a member of a council or a committee of a council discloses that he or she potentially has an interest in a matter before the council or committee, the other members of the council or committee must, by resolution, decide whether or not the potential interest is of a nature that the member must declare the interest under subsection (1).
(5)      For this section –
(a)a person has a possible interest if he or she currently holds an interest that may or may not be relevant to a matter before the council or committee; and
(b)a person potentially has an interest if he or she does not currently hold an interest that is relevant to a matter before the council or committee, but is aware that such an interest may (or will) arise within a relevant time (whether or not as a result of, or contingent upon, any action taken by the council).
Action after declaration of interest
(1)      If, under section 20(1), a member declares an interest or possible interest in relation to a matter, the CEO must record the declaration in –
(a)the minutes of the meeting; and
(b)a register of interests kept in the prescribed form for that purpose.
(2)      A member who has, under section 20(1), declared an interest or possible interest in relation to a matter ("the substantive matter") –
(a)may remain at a meeting and take part (but cannot vote) in any discussion as to whether the council should request the Minister's approval for the member to take part in the consideration of the substantive matter; and
(b)must not remain at a meeting during consideration of, or the taking of a vote on, the substantive matter unless the Minister has given approval.
(3)      If the Minister is of the opinion –
(a)that the business of a council may be impeded if (or has been impeded because) a member who has declared an interest under section 20(1) is prevented from taking part in the consideration of the substantive matter; or
(b)that it is otherwise in the interest of the residents of the council area,

the Minister may, by notice to the council –
(c)approve the member taking part in the consideration of the substantive matter; and
(d)permit, conditionally or unconditionally, the member to vote on the substantive matter.

(4) If the Minister gives approval under subsection (3), the member may remain at a meeting during consideration of the substantive matter and may vote on the substantive matter if permitted by the Minister to do so.
21A.No improper use of information by member
A member must not make improper use of information acquired as a member that might lead to gaining, directly or indirectly, an advantage for the member or for another person or cause detriment to the council.

Offence, &c.
(1)      A member who contravenes or fails to comply with section 20(1), 21(2)(b) or 21A is guilty of an offence.
Penalty:         200 penalty units or imprisonment for 12 months.
(2)      It is a defence to a prosecution for an offence under subsection (1) if the defendant proves that the defendant did not know that –
(a)he or she had an interest in the matter before the council or committee; or
(b)the matter in which he or she had an interest was the subject of consideration at the council or committee meeting.
(3)      A person found guilty of an offence under subsection (1) is disqualified from holding, and shall not hold, office as a member of a council or committee of a council during the period of 7 years after the finding of guilt.
(4)      If, without approval by the Minister under section 21(3), a member has taken part in a discussion or voted on a matter in which the member has an interest, the vote and a consequential resolution of the council may be declared void by the Tribunal on application by an aggrieved person.

Division 5 – Allowances and Expenses

Allowances and expenses
(1)      At its first or second ordinary meeting in each financial year, a council may, by resolution, fix allowances to be paid for the financial year to its presiding member, any deputy to that member, any person acting for those members and to its other members.
(2)      Where, under subsection (1), a council fixes an allowance it shall determine the method, conditions and intervals of payment (but not in advance) of that allowance and, subject to subsection (3), that allowance shall be paid accordingly.
(3)      Notwithstanding subsection (2), an allowance to a presiding member of a council may be paid in advance.
(4)      A council may pay to or on behalf of members a reasonable amount towards their necessary out-of-pocket expenses for conveyance and subsistence in travelling –
(a)to and from a meeting of the council, or a meeting of a committee of the council; or
(b)on business of the council in compliance with a prior resolution of the council.

Division 6 – Miscellaneous

Minister may do certain things in relation to elections
(1)      Where an act required by or under this Act to be done on or before a specified day or within a specified time is not done, the Minister may, whether or not the specified day is past or the specified time has expired, extend the time for doing that act, or cause that act to be done, in order that the holding of an election is not impeded.
(2)      For the purposes of this section, the Minister or a person authorised in writing by the Minister for that purpose has such power as is reasonably necessary to enable the performance of the functions or the exercise of the powers by or under this Act of any person.
(3)      An act done or caused to be done under this section shall be deemed to have been done in accordance with this Act and the person by whom it was done or caused to be done shall be deemed to be the person required or permitted by this Act to do or cause it to be done.
Conduct prejudicial to elections
A person shall not cause an obstruction or disturbance or do another act or thing which interferes with or is prejudicial to, or is likely to interfere with or be prejudicial to, the fair conduct of an election.
Penalty:If the offender is a natural person – 200 penalty units or imprisonment for 12 months.
If the offender is a body corporate – 1 000 penalty units.
Periodic review of electoral representation by council
(1)      A council shall before 31 May 1995, and at least once in every continuous period of 4 years after that date, complete a review to determine –
(a)whether the existing number of members of the council provides a fair and equitable representation for the electors;
(b)whether, in the case of a community government area where the residents have requested amendments to those provisions of the area's constitution relating to the representation of electors, such amendments should be made;
(c)whether an alteration to the council area is desirable;
(d)where the council area is divided into wards, whether an alteration to the boundaries of those wards is desirable, or whether the wards, or any of them, should be abolished;
(e)where the council is not divided into wards, whether it should be so divided; and
(f)where electoral representation in a community government area has a basis on matters other than residency, whether that basis should be amended.
(2)      As soon as practicable after a review has been completed and the council has determined that –
(a)amendments are desirable, it shall, under section 32 or section 107, as the case may be, request the Minister to effect the amendments; or
(b)amendments are not desirable, it shall notify the Minister and, by either –
(i)       notice in a newspaper circulating in the council area; or
(ii)where, in the opinion of the CEO, notice published in such a newspaper would not be sufficient notice of the council's determination, notice in any other publication circulating in that area which the CEO considers would be sufficient notice of the council's determination,

the electors of its determination.

(3) Where a council fails to comply with subsection (1), the Minister may, under Part 12, appoint a person as a Commissioner to conduct an inquiry into the matters specified in subsection (1) and refer those matters to that person.

Validity of actions of council
The exercise of a power or performance of a function by a council shall not be affected by reason only of –
(a)there being a vacancy in the office of a member;
(b)there being a defect in the appointment or election of a member; or
(c)a member having acted in office while disqualified from holding the office.
Protection of members, officers, &c., against legal proceedings
(1) No action or proceeding, civil or criminal, shall lie against a person who is, or who has been, a member of a council or a committee for or in relation to an act or thing done in good faith by the person in the person's capacity as a member of the council or committee.
(2) A member of a council or committee, an authorised person or an officer or employee of a council is not personally liable for or in relation to a matter or thing done, or a contract entered into by –
(a)the council in good faith in pursuance of and for the purposes of this Act; or
(b)the member, authorised person or officer or employee in good faith in pursuance of and for the purposes of this Act and for or on behalf of the council.

PART 2A – RE-STRUCTURING ORDERS

28A.Orders by Minister
(1) The Minister may make any order (a "re-structuring order") the Minister considers necessary or desirable to facilitate re-structuring of the system of local government in the Territory.
(2) A re-structuring order may (for example) do any one or more of the following:
(a)abolish a council;
(b)create a new council;

4.        Animal Impounding
           4A.     Animal Welfare
5.        Control of Public Places
6.        Control of Signs, Hoardings and Advertising
7.        Street Lighting
8.        Parking – off street
9.        Parking – on street
10.      Aerodromes
11.      Tourism
12.      Caravan Parks
13.      Building Regulation
14.      Markets
15.      Saleyards
16.Environmental Control (including Flammable or Noxious Plants and Materials, Unsightly or Abandoned Chattels and Unkempt Properties)

17.      [Omitted]
18.      Public Entertainment
19.      Council Administration
20.      Public Transport
21.      Commercial Undertakings
22.      Identification of Properties
           22A.    Communications and Broadcasting
           22B.    Marketing and Promotion
           22C.    Public Safety and Security
           22D.    Economic Development
22E.    Regional Development

Health Services

23.      Infants and Mothers
24.      Preventative Services
25.      Health Inspection
26.      Ambulance
26A.    Substance Abuse (Prevention and Control)

Social Services

27.      Child Care
28.      Aged and Disabled Persons
29.      Community and Social Development

Housing and Community Services

30.      Cemeteries
31.      Community Housing (including Council Houses)
           31A.    Ablution Blocks and Laundries
32.      Aged and Disabled Persons Homes
33.      Stormwater Drainage
34.      Foreshore Protection
35.      Land Development Schemes
36.      Public Conveniences
37.      Sanitation and Garbage
38.      Litter Control
39.      Street Cleaning
40.      Town Planning
40A.Collection of Water, Sewerage and Electricity Charges (as agent)
40B.Adult, Vocational and Other Training
40C.Community Employment Programs Recreation and Related Cultural Services

41.      Halls and Public Buildings
           41A.    Cinemas
42.      Swimming Pools (including Private Swimming Pools and Ponds)
43.      Sport and Recreation
44.      Parks, Gardens, Reserves and Cycle Tracks
45.      Libraries and Museums
46.      Arts and Cultural Development
47.      National Estate

Roadworks – Construction or Maintenance

48.      Roads – sealed
49.      Roads – unsealed
50.      Bridges
51.      Kerb and Water Table
52.      Footways and Cycle Tracks
53.      Traffic Control
54.      Barge Landings and Wharves

ENDNOTES

KEY

Key to abbreviations

amd = amended   od = order
app = appendix  om = omitted
bl = by-law  pt = Part
ch = Chapter  r = regulation/rule
cl = clause  rem = remainder
div = Division  renum = renumbered
exp = expires/expired  rep = repealed
f = forms  s = section
Gaz = Gazette  sch = Schedule
hdg = heading  sdiv = Subdivision
ins = inserted  SL = Subordinate Legislation
lt = long title  sub = substituted
nc = not commenced

LIST OF LEGISLATION

*Local Government Act 1993* (Act No. 83, 1993)
Assent date	31 December 1993
Commenced	1 June 1994 (Gaz S35, 20 May 1994)
*Local Government Amendment Act 1995* (Act No. 35, 1995)
Assent date	12 September 1995
Commenced	7 August 1996 (s 2, s 2 Northern Territory Electoral Act 1995 (Act No. 37, 1995) and Gaz G32, 7 August 1996, p 3)
*Local Government Amendment Act (No. 2) 1995* (Act No. 36, 1995)
Assent date	12 September 1995
Commenced	9 February 1996 (Gaz S3, 9 February 1996)
*Local Government Amendment Act (No. 3) 1995* (Act No. 57, 1995)
Assent date	28 December 1995
Commenced	9 February 1996 (Gaz S3, 9 February 1996)
*Sentencing (Consequential Amendments) Act 1996* (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
*Statute Law Revision Act 1996* (Act No. 42, 1996)
Assent date	17 September 1996
Commenced	17 September 1996 (s 4(8))
*Financial Institutions (Miscellaneous Amendments) Act 1997* (Act No. 23, 1997)
Assent date	2 June 1997
Commenced	2 June 1997
*Territory Insurance Office (Miscellaneous Amendments) Act 1998* (Act No. 37, 1998)
Assent date	27 May 1998
Commenced	27 May 1998
*Mental Health and Related Services (Consequential Amendments) Act 1999* (Act No. 11, 1999)
Assent date	25 March 1999
Commenced	1 February 2000 (s 2, s 2 Mental Health and Related Services Act 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000, p 2)
*Planning (Consequential Amendments) Act 1999* (Act No. 56, 1999)
Assent date	14 December 1999
Commenced	12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999) and Gaz S15, 12 April 2000)
*Local Government Amendment Act 2000* (Act No. 4, 2000)
Assent date	14 March 2000
Commenced	14 March 2000
*Land Title (Consequential Amendments) Act 2000* (Act No. 45, 2000)
Assent date	12 September 2000
Commenced	1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2)
*Law of Property (Consequential Amendments) Act 2000* (Act No. 46, 2000)
Assent date	12 September 2000
Commenced	1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act No. 1, 2000) and Gaz G38, 27 September 2000, p 2)
*Unit Titles (Consequential Amendments – Building Development) Act 2001* (Act No. 15, 2001)
Assent date	28 June 2001
Commenced	1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act No. 14, 2001) and Gaz G8, 27 February 2002, p 6)
*Corporations Reform (Consequential Amendments NT) Act 2001* (Act No. 17, 2001)
Assent date	29 June 2001
Commenced	15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)
*Statute Law Revision Act 2002* (Act No. 18, 2002)
Assent date	7 June 2002
Commenced	7 June 2002
*Local Government Amendment Act 2002* (Act No. 28, 2002)
Assent date	16 July 2002
Commenced	16 July 2002
*Statute Law Revision (Financial Provisions) Act 2002* (Act No. 38, 2002)
Assent date	13 September 2002
Commenced	30 October 2002 (Gaz G43, 30 October 2002, p 3)
*Statute Law Revision Act (No. 2) 2002* (Act No. 59, 2002)
Assent date	7 November 2002
Commenced	7 November 2002
*Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003* (Act No. 1, 2004)
Assent date	7 January 2004
Commenced	17 March 2004 (Gaz G11, 17 March 2004, p 8)
*Electoral (Consequential Amendments) Act 2004* (Act No. 12, 2004)
Assent date	1 March 2004
Commenced	15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004) and Gaz S6, 15 March 2004)
*Local Government Amendment Act 2004* (Act No. 15, 2004)
Assent date	15 March 2004
Commenced	1 June 2004 (Gaz S14, 28 May 2004)
*Statute Law Revision Act 2004* (Act No. 18, 2004)
Assent date	15 March 2004
Commenced	5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56, 2003) and Gaz G18, 5 May 2004, p 2)
*Statute Law Revision Act (No. 2) 2004* (Act No. 54, 2004)
Assent date	15 September 2004
Commenced	27 October 2004 (Gaz G43, 27 October 2004, p 3)
*Statute Law Revision Act 2005* (Act No. 44, 2005)
Assent date	14 December 2005
Commenced	14 December 2005
*Legal Profession (Consequential Amendments) Act 2007* (Act No. 7, 2007)
Assent date	17 May 2007
Commenced	s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007
*Local Government Act 2007* (Act No. 15, 2007)
Assent date	4 September 2007
Commenced	pt 1: 4 September 2007; pt 2: 11 September 2007 (s 2 and Gaz S26, 11 September 2007); pt 3: nc

SAVINGS AND TRANSITIONAL PROVISIONS
s 72 Local Government Amendment Act 2004 (Act No. 15, 2004)
LIST OF AMENDMENTS

s 3amd No. 36, 1995, ss 4 and 20; No. 42, 1996, s 4; No. 56, 1999, s 3; No. 45, 2000, s 11; No. 15, 2001, s 7; No. 12, 2004, s 6; No. 15, 2004, s 4; No. 44, 2005, s 12; No. 15, 2007, s 4

s 5                   amd No. 15, 2004, s 5
s 7                   amd No. 15, 2004, s 6
s 8                   sub No. 15, 2004, s 7
s 9                   amd No. 42, 1996, s 4; No. 11, 1999, s 4; No. 15, 2004, s 8
s 9A                 ins No. 15, 2004, s 9
s 10                 amd No. 15, 2004, s 10
s 10A               ins No. 15, 2004, s 11
s 11                 amd No. 42, 1996, s 4; No. 12, 2004, s 6; No. 15, 2004, s 12
s 12                 amd No. 15, 2004, s 70
s 13                 rep No. 35, 1995, s 3
  ins No. 28, 2002, s 2
  amd No. 12, 2004, s 6
  sub No. 15, 2004, s 13
s 13A               ins No. 15, 2004, s 13
s 14                 amd No. 15, 2004, s 70
pt II
div 2A hdg        ins No. 15, 2004, s 14
ss 14A – 14B     ins No. 15, 2004, s 14
pt II
div 3 hdg           sub No. 15, 2004, s 14
ss 15 – 19         sub No. 15, 2004, s 14
s 19A               ins No. 15, 2004, s 14
s 19B               ins No. 15, 2004, s 14
  amd No. 44, 2005, s 10
ss 19C – 19G      ins No. 15, 2004, s 14
s 19H              ins No. 15, 2004, s 14
  amd No. 44, 2005, s 12
ss 19J – 19K       ins No. 15, 2004, s 14
s 20                 amd No. 1, 2004, s 62; No. 15, 2004, s 15; No. 54, 2004, s 7
s 21                 sub No. 15, 2004, s 16
s 21A               ins No. 15, 2004, s 17
s 22                 amd No. 17, 1996, s 6; No. 15, 2004, s 70
s 25                 amd No. 15, 2004, s 18
s 26                 amd No. 36, 1995, s 5; No. 15, 2004, s 70
pt 2A hdg          ins No. 15, 2007, s 5
ss 28A – 28D     ins No. 15, 2007, s 5
s 29                 amd No. 15, 2004, s 19
s 33                 amd No. 45, 2000, s 11
s 37                 amd No. 15, 2004, s 70
s 38                 sub No. 15, 2004, s 20
s 42                 amd No. 15, 2004, s 70
s 43                 sub No. 12, 2004, s 4
s 49                 amd No. 44, 2005, s 12
s 49A               ins No. 4, 2000, s 2
pt 3
div 4 hdg           rep No. 15, 2004, s 21
ss 50 – 57         rep No. 15, 2004, s 21
s 58                 amd No. 15, 2001, s 7; No. 15, 2004, s 22
ss 60 – 63         amd No. 15, 2004, s 70
s 64                 amd No. 36, 1995, s 6; No. 15, 2004, s 23
s 67                 amd No. 56, 1999, s 3; No. 15, 2004, s 70
s 68                 amd No. 56, 1999, s 3
s 74                 amd No. 15, 2004, s 24
s 74A               ins No. 15, 2004, s 25
s 75                 amd No. 15, 2004, s 26
s 76                 amd No. 15, 2004, s 27
s 77                 amd No. 15, 2004, s 70
s 82                 amd No. 36, 1995, ss 7 and 20
s 83                 amd No. 38, 2002, s 6
s 88A               ins No. 15, 2004, s 28
s 89                 amd No. 18, 2004, s 3
s 90                 amd No. 45, 2000, s 11; No. 15, 2004, s 29
s 91                 amd No. 15, 2004, s 70
s 92                 amd No. 15, 2004, s 30; No. 44, 2005, s 11; No. 7, 2007, s 16
s 93                 amd No. 15, 2004, s 70
s 94                 amd No. 46, 2000, s 5
s 95                 amd No. 1, 2004, s 62; No. 15, 2004, s 70
s 97                 amd No. 42, 1996, s 4; No. 15, 2004, s 31
s 98                 amd No. 36, 1995, s 20; No. 15, 2004, s 70
s 99                 rep No. 15, 2004, s 32
ss 101 – 102       amd No. 15, 2004, s 70
s 103               amd No. 36, 1995, s 8; No. 15, 2004, s 70
s 104               amd No. 15, 2004, s 70
s 105               amd No. 36, 1995, s 20; No. 15, 2004, s 70
s 106               amd No. 36, 1995, s 9; No. 15, 2004, s 33
s 107               amd No. 15, 2004, s 70
s 108               amd No. 36, 1995, s 20; No. 15, 2004, s 70
s 109               amd No. 12, 2004, s 6; No. 15, 2004, s 70
ss 110 – 111       amd No. 15, 2004, s 70
ss 113 – 114       amd No. 15, 2004, s 70
s 114A             ins No. 4, 2000, s 3
pt 5
div 4 hdg           ins No. 15, 2007, s 6
ss 114B – 114G    ins No. 15, 2007, s 6
s 115               amd No. 15, 2004, s 34
s 117               amd No. 15, 2004, s 70
s 119               amd No. 15, 2004, s 70
s 122               amd No. 15, 2004, s 35
s 122A             ins No. 15, 2004, s 36
s 125               amd No. 15, 2004, s 70
s 128               amd No. 15, 2004, s 37
s 131               amd No. 36, 1995, s 20; No. 56, 1999, s 3
s 134               amd No. 15, 2004, s 70
s 137               amd No. 36, 1995, s 10; No. 15, 2004, s 70
s 139               amd No. 15, 2004, s 70
s 140               amd No. 36, 1995, s 20
s 142               amd No. 36, 1995, s 20; No. 15, 2004, s 38
s 142A             ins No. 15, 2004, s 39
s 143A             ins No. 15, 2004, s 40
s 144               amd No. 15, 2004, s 41
s 145               amd No. 17, 1996, s 6; No. 15, 2004, s 42
s 145A             ins No. 15, 2004, s 43
s 148               amd No. 15, 2004, s 44
s 149               amd No. 15, 2004, s 45; No. 44, 2005, s 12
s 149A             ins No. 15, 2004, s 46
s 150               amd No. 15, 2004, s 47
s 154               amd No. 36, 1995, s 11
s 155               amd No. 15, 2004, s 48
s 161               amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6
s 161A             ins No. 15, 2004, s 49
s 162               amd No. 36, 1995, s 12; No. 15, 2004, s 70
s 164               amd No. 15, 2004, s 70
s 165               sub No. 15, 2004, s 50
s 165A             ins No. 15, 2004, s 50
s 170               amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 15, 2004, s 51
s 171               amd No. 15, 2004, s 70
s 174               amd No. 17, 2001, s 21
s 175               amd No. 36, 1995, s 13
s 177               amd No. 17, 2001, s 21
s 178               amd No. 17, 1996, s 6; No. 11, 1999, s 4; No. 15, 2004, s 70
s 179               amd No. 15, 2004, s 70

s 181amd No. 36, 1995, s 14; No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 15, 2004, s 70

pt 6
div 11 hdg         ins No. 36, 1995, s 15
s 181A             ins No. 36, 1995, s 15
  amd No. 15, 2004, s 70
s 182               amd No. 59, 2002, s 5
s 185A             ins No. 57, 1995, s 4
s 186               amd No. 57, 1995, s 5; No. 15, 2004, s 70
s 186A             ins No. 57, 1995, s 6
s 193               amd No. 15, 2004, s 52
s 194               amd No. 36, 1995, s 20; No. 18, 2002, s 2; No. 15, 2004, s 53
s 195               amd No. 15, 2004, s 70
s 198               amd No. 42, 1996, s 4
s 199               amd No. 17, 1996, s 6
s 200               amd No. 15, 2004, s 70
s 201A             ins No. 15, 2004, s 54
s 202               amd No. 15, 2004, s 70
s 204               amd No. 57, 1995, s 7; No. 15, 2004, s 55
s 205               sub No. 57, 1995, s 8
  amd No. 42, 1996, s 4; No. 15, 2004, s 56
ss 205A – 205B    ins No. 57, 1995, s 8
s 206               sub No. 57, 1995, s 8
s 207               amd No. 15, 2004, s 70
s 208               sub No. 18, 2002, s 2
ss 209 – 210       amd No. 15, 2004, s 70
s 212               amd No. 17, 1996, s 6
ss 215 – 216       amd No. 15, 2004, s 70
s 219               amd No. 15, 2004, s 70
s 221               amd No. 15, 2004, s 57
s 222               amd No. 45, 2000, s 11; No. 15, 2004, s 58
s 230               amd No. 15, 2004, s 70
s 232               amd No. 15, 2004, s 59
s 233               amd No. 15, 2004, s 60
s 235               amd No. 36, 1995, s 20; No. 15, 2004, s 70
s 241               amd No. 15, 2004, s 61
s 242               amd No. 36, 1995, s 16

s 243 amd No. 36, 1995, s 17; No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 15, 2004, s 62

s 243A             ins No. 36, 1995, s 18
  amd No. 15, 2004, s 70
pt 13A hdg        ins No. 36, 1995, s 19
s 254               amd No. 15, 2004, s 63
s 255               amd No. 15, 2004, s 64
s 258               amd No. 15, 2004, s 65
s 264               sub No. 15, 2004, s 66
ss 264A – 264C    ins No. 15, 2004, s 66
s 265               amd No. 15, 2004, s 70
s 265A             ins No. 36, 1995, s 19
s 265B             ins No. 36, 1995, s 19
  amd No. 15, 2004, s 67
s 265C             ins No. 36, 1995, s 19
  amd No. 15, 2004, s 68
s 269               ins No. 15, 2007, s 7
sch 2                amd No. 15, 2004, s 69

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