Local Government (Amendment) Act 1939 (NSW)

LOCAL GOVERNMENT

(AMENDMENT) ACT,

Act No. 33, 1939.

An Act to make further provision for and in relation to county councils; to authorise the Colonial Treasurer to guarantee loans of certain councils and county councils; to amend the Local Government Act. 1919, as amended by subsequent Acts, in certain respects; and for purposes connected there- with. [Assented to. 7th November, 1939.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—

including

1 . This Act may be cited as the "Local Government.

(Amendment) Act, 1939."

2 . The Local Government Act, 1919, as amended by

subsequent Acts, is amended—

(a) by inserting after subsection nine of section five hundred and sixty-two the following new sub- section:—

(9A) Where the Governor by proclamation

alters the boundaries of a county district by

including in the county distr ict the whole or p a r t of a municipal i ty or shire and the proclamat ion directs t ha t such municipal i ty or shire or the p a r t thereof shall be a county electorate an election of a delegate of the council concerned shall be held in the prescr ibed manner within a t ime specified in the proclamat ion and the dele­ gate elected shall, subject to this Act, hold office until the next general election of the county council.

(b)	(i)	by inserting after subsection two of section live hundred and sixty-four the following new subsection :—
(2A) W h e r e a county distr ict is consti­ tu ted or proposed for the purpose of the supply of water or electricity in bulk only, the councils of the municipali t ies and shires concerned in the dis t r ic t (const i tuted or pro­ posed) may, under and in accordance with subsection two of this section, request the Governor to delegate to the county council the power to exercise or perform, for the benefit of the county district , so much of any power or duty which by law those councils or any one of them may exercise or perform, as re la tes to the supply of wa te r or elec­ tr ic i ty in bulk only.
(ii)	by inserting next after subsection four of
the same section the following new subsec­ tion :—
pursuance of a request of the na tu r e (4A) W h e r e a delegation has been made in
re fer red to in subsection (2A) of this
section—

(a) each constituent council shall have full power to exercise or per form so much of any power or duty which by law may be exercised by a coun­ cil in relat ion to the supply of water or electricity, as has not been delegated to the county council;

(b)

(b)	a county council may with the con­ sent of the council of an a rea supply wa te r or electricity, as the case m a y be, otherwise t han in bulk, t o any person within tha t a rea or to all or any of the persons in a speci­ fied locality within t ha t a rea upon such t e rms and conditions as it may deem fit;
(c)	the county council shall sell and deliver and the const i tuent coun­ cils shall buy and receive wa te r or electricity, as the case may be, a t such points within the distr ict and on such t e rms and conditions a s m a y be agreed upon or, in the event of agreement not being reached between the county council and any const i tuent council, at such point and 011 such te rms and condi­ t ions as the Governor shall f rom time to t ime notify in respect of
t ha t const i tuent council;
(d)	a constituent council shall not (except with the consent of the county council) supply wa te r or electricity, a s the case may be, ex­ cept water or electricity bought and received pu r suan t to p a r a g r a p h (c) of this subsection.

(c) by inser t ing next af ter section 564A the follow­ 564B. (1) W h e r e a county distr ict is consti­ tu ted for the purpose of the supply of wa te r or electricity (otherwise than in bulk only) and any works of wa te r supply or works for t he supply of electricity, as the case m a y be, or the control and management of any such works a r e , a t the date of the const i tut ion of the county dis­ tr ict , vested in a const i tuent council and the powers and duties of the const i tuent council re la t ing to such works including a power to levy ing new sect ions:—

r a t e s

ra tes in respect of such works are , by a delega­ tion proclaimed under section five hundred and sixty-four of this Act, delegated to the county council then, as from the date upon which the proclamat ion of such delegation is published in the Gazette (in this subsection hereinaf ter

re fe r red to as " t h e date of the de lega t ion" )

the following provisions shall have effect:—

(a)	All real and personal p r o p e r t y and all r ight and in teres t therein and all man­ agement and control of any land or th ing which immediately before the da te of the delegation is vested in or be­ longs to the const i tuent council and is held in connection with such works shall vest in and belong to the county council.
(b)	All rates, moneys, liquidated and un­ l iquidated claims which immediately be­ fore the da te of the delegation a re pay­ able to or recoverable by the const i tuent council in relat ion to such works shall be ra tes , moneys, l iquidated and un­ l iquidated claims payable to or recover­ able by the county council.
(c)	All suits, actions, and proceedings pen­ ding immediately before the date of the delegation at the suit of the const i tuent council in relat ion to any m a t t e r or claim in relat ion to such works shall respectively be suits, actions and pro­ ceedings pending a t the suit of the
county council.
(d)	All contracts, agreements, and under­ takings entered into with and all securi­ ties lawfully given to or by the consti­ tuent council in respect of such works or in respect of the income of any fund connected with such works and in force immediately before the da te of the delegation shall be deemed to be con­ t rac t s , agreements , and under tak ings entered into with and securit ies given to or by the county council.

(e)

(e)	The county council may pursue the same remedies for the recovery of any such moneys and claims, and for the prosecut ion of such suits, actions, and proceedings as the const i tuent council might have done but for this section.
(f)	The county council may enforce and real ise any securi ty or charge exist ing immediately before the date of the dele­ gat ion in favour of the const i tuent coun­ cil in respect of any such moneys and claims as if such securi ty or charge were exist ing in favour of the county council.
(g)	All debts due and moneys payable by the const i tuent council solely re la t ing to such works, and all claims l iquidated or unl iquidated recoverable agains t the consti tuent council solely re la t ing to such works shall be debts due and moneys payable by and claims recover­ able agains t the county council.
(h)	The county council shall as from the da te of the delegation indemnify and keep harmless the const i tuent council agains t all claims aga ins t tha t council in respect of moneys borrowed in con­ nection with such works or charged upon the income of any fund connected with such works and aga ins t all claims for any other liabilities incurred in

respect thereof.

(i)   The county council shall pay all interest accruing due in respect of any moneys borrowed on account of such works or charged upon the income of any fund connected with such works and make the contr ibut ions required by or under this Act to be made to any reserve for loan repayment in connection with any loan on account of such works or charged as aforesaid or to any other fund or account whatsoever .

(i)

(j) Nothing contained in this section shall prejudice or affect the securi ty r ights , powers , author i t ies , and remedies of any holder of a bond, debenture , mort­ gage deed or other security given by the consti tuent council before the da te of the delegation or of any person entitled at the said date to any securi ty by vi r tue of this Act in respect of loans ra ised for purposes of such works or charged upon the income of any fund connected with such works but such holder shall have and continue to have dur ing the currency of his bond, deben­ ture , mor tgage deed or other securi ty the same security r ights , powers, authori t ies , and remedies in respect of such works and in respect of any assets hereby vested in the county council and the revenue therefrom as if the said bond, debenture , mor tgage deed or other security had been given by the county council instead of by the const i tuent council.

( ja) Every holder of any bond, debenture , mor tgage deed or other securi ty given by a consti tuent council before the dele­ gation whereby any loan is charged upon the income of any fund of the con­ st i tuent council connected with such works shall have the same securi ty

ponding fund of the county council as	r ights , powers, author i t ies and in respect of the income of the corres­remedies
if a bond, debenture , mor tgage deed or securi ty in similar te rms muta t i s mutandis had been given to such holder by the county council: P rov ided tha t where works of more than one consti­ tuent council become vested pu r suan t to this Act in a county council, the county council shall keep a separa te account of its income from or in relation to the

works

works formerly vested in each of the const i tuent councils; and the holders of securit ies given by any one of the con­ st i tuent councils shall have p r io r i ty over the holders of securit ies given by any o thers of the const i tuent councils to the extent of tha t p a r t of the income of the county council which ar ises from or in relat ion to the works formerly vested in such one of the const i tuent councils.

(k) Nothing contained in the Local Govern­ ment (Amendment ) Act, 1939, shall p re ­ judice or affect the r ights , powers , author i t ies and remedies, aga ins t the const i tutent council, i ts revenues and asse ts , of the holder of any bond, debenture , mor tgage deed or other securi ty given by tha t council before the date of the delegation or of any person enti t led to any securi ty by. v i r tue of this Act.

(1) The liabili ty imposed upon the county council by this section shall for the pu r ­ pose of securing the discharge thereof r ank in pr ior i ty over any loan ra ised by the county council.

(2) Where a county distr ict is consti­ tuted for the purpose of the supply of electricity (otherwise than in bulk only) and a t the da te of such consti tut ion there is in existence an agree­

ment under section four hundred and twenty of

this Act, entered into by a const i tuent council with some other person, which agreement re la tes to the supply of electricity by tha t other person to the public, and the powers and duties of the const i tuent council re la t ing to works for the supply of electricity ( including the powers and duties conferred and imposed by section four hundred and twenty of this Act) a re by a dele­ gat ion proclaimed under section five hundred and sixty-four of this Act, delegated to the county council, then as from the da te upon which

the

the proclamat ion of such delegation is published in the Gazette, such agreement shall be deemed to be an agreement entered into by the county council with such other person.

564c. (1) W h e r e a county dis t r ic t is con­

s t i tu ted for the purpose of the supply of wa te r (otherwise than in bulk only) the county council may a r r ange with a const i tuent council for the maintenance and management within the a rea of the consti tuent council of specified ret iculat ion works with such res t r ic t ions and reserva t ions as to the county council m a y seem meet.

Such a r r angemen t shall be embodied in an agreement between the county council and the const i tuent council which shall contain such p ro ­ visions as may be agreed upon or as may be pre­ scribed.

(2) W h e r e an agreement has been en­ tered into in pursuance of subsection one of this section the Governor may by proclamat ion dele­ gate to the const i tuent council the power to exer­ cise or per form any power which has been dele­ gated to the county council and which, by the agreement , is required or author ised to be exer­ cised or per formed by the const i tuent council in relat ion to such maintenance and managemen t ; and upon publication of such proc lamat ion the const i tuent council shall have full power to exer­ cise the powers and shall pe r form the duties de­ scribed in the proclamat ion. I n describing any such power or duty in the proclamat ion it shall

be sufficient to quote the p a r t or section number	of this Act prescr ibing the power or duty.
564D. (1) W h e r e a county council in the exer­ cise of powers delegated to it under this P a r t bor rows money for the purpose of works of wa te r supply or works for the supply of elec­ tr ici ty, the T reasu re r may, on the recommenda­ tion of the Minister , gua ran tee the due repay­ ment of the amount so borrowed.
(2) Such sums as may from time to t ime become clue and payable by the T reasu re r

under

under any guaran tee given under the author i ty of this section shall be paid out of moneys pro­

vided by Pa r l i amen t .

564E. W h e r e a county council has ra ised a loan for works of wa te r supply or works for the supply of electricity and in the opinion of the county council any works constructed out of moneys provided by the loan would be of special benefit to por t ions only of the distr ict the county council may for the purpose of pay ing interest on and repay ing the pr incipal of the loan, a t i ts discretion, make and levy loan ra tes differen­ tially upon the ra table land within such por t ions only or upon the ra tab le land within such p a r t or p a r t s of such por t ions only as the county council may determine.

(d) by inserting after subsection four of section 493A

the following new subsect ion:—

(5) F o r the purposes of this section " c o u n c i l "

includes a county council.

3. The Local Government Act, 1919, as amended by

subsequent Acts , is fur ther	amended—
(a)	by omitting from subsection one of section five hundred and sixty-five the words " p a r t i c u l a r l y , in respect of any ma t t e r for which the county council is not author ised to r a t e " and by insert­ ing in lieu thereof the words ' ' in par t icu lar , but

without prejudice to the general i ty of the fore­

going p r o v i s i o n s " ;

(b)	by inserting in the same subsection after the words " e x p e n s e s of the county counc i l " the words " o t h e r than expenses incurred or to be incurred in respect of any m a t t e r for which the county council is author ised to r a t e " ;
(c)	by omitting from subsection five of the same sec­ tion the words " i n respect of any ma t t e r for which the county council is not author ised to ra te , tha t counc i l " and by inser t ing in lieu
thereof the words " t h e county counc i l " ;

(d)

(d) by inserting' in the same subsection after the word "expenditure" the words "other than expenditure in respect of any matter for which the county council is authorised to r a t e . "

4 . The Local Government Act, 1919, as amended by subsequent Acts, is further amended by inserting after- section one hundred and eighty-two the following new section:—

182A. (1) The Treasurer may on the recommenda- tion of the Minister guarantee the due repayment of any moneys borrowed in accordance with the provi- sions of ilils Act by the council of an area situated within the Western Division.

(2) Such sums as may from time to time become due and payable by the Treasurer under any guarantee given under the authority of this section shall be paid out of moneys provided by Parliament.

(3) For the purposes of this section, the municipalities of Balranald, Hillston and Nyngan shall be deemed to be situated within the Western Division.