Local Government (Amendment) Act 1959 (NSW)

LOCAL GOVERNMENT (AMENDMENT) ACT.

Act No. 2 1 , 1959.

An Act to make further provisions with respect to the election of mayors and presidents, the respective powers of the Cumberland County Council and the constituent councils as to town and country planning in the County of Cumber­ land, and the alteration of the boundaries of county districts and matters relating thereto; for these and other purposes to amend the Local Government Act, 1919, and certain other Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 6th November, 1959.]

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

(1) This Act may be cited, as the "Local Government (Amendment) Act, .1259".

1.

(2) The Local Government Act, 1919,as amended by
subsequent Acts, is in this Act referred to as the Principal

2 .     Part IV of the Principal Act is amended—

(a) (i) by omitting from subsection (1A) of section twenty-three the words "The Lord Mayor shall be an alderman by virtue of his office.";

(ii)   by inserting next after the same subsection the following new subsections : —

(1B) On and from the fifth day of December, one thousand nine hundred and fifty-nine,—

(a)	the Council of the City of Newcastle shall be reconstituted and shall consist of the Lord Mayor and twenty-one aldermen;
(b)	the Council of the City of Greater Wollongong shall be reconstituted and shall consist of the Mayor and fifteen aldermen.

(lc) This subsection shall apply to a municipality to which section 25A is applied pursuant to paragraph (b) of subsection one of the said section.

On and from the triennial ordinary election of the council of a municipality to which this subsection applies next following the application of section 25A to the said municipality the council shall be reconstituted and shall consist of the mayor and the same number of aldermen as constituted the council immediately before such triennial ordinary election or where any alteration in the number of aldermen pursuant to subsection two of this section is to take effect as on and from such triennial ordinary election the number as so altered.

(b)

(b) by inserting next after subsection one of section twenty-four the following new subsection: —

(1A) This subsection shall apply to a shire to which section 25A is applied pursuant to paragraph (b) of subsection one of the said section.

On and from the triennial ordinary election of the council of a shire to which this subsection applies next following the application of section 25A to the said shire the council shall be reconstituted and shall consist of the president and the same number of councillors as constituted the council immediately before such triennial ordinary election or where any alteration in the number of councillors pursuant to subsection two of this section is to take effect as on and from such triennial ordinary election the number as so altered.

(c)	by inserting at the end of subsection five of section twenty-five the words ", the City of Newcastle, the City of Greater Wollongong, or any other area to which section 25A applies";
(d)	by omitting section 25A and by inserting in lieu thereof the following section : —

25A. (1) This section shall apply to—

(a)	the City of Sydney, the City of Newcastle and the City of Greater Wollongong, and
(b) any other area to which upon the applica­ tion of the council thereof it is applied by

the Governor by proclamation.

(2) The mayor or president of an area to which this section applies shall (except as provided in this section) be elected by the electors of that area at the triennial ordinary election of the council of that area next following the application of this section to that area and at each triennial ordinary election of that council thereafter, and shall be an alderman or councillor, as the case may be, of that area by virtue of his office.

67859—4 (3)

(3) If an extraordinary vacancy in the office of mayor or president of an area to which this section applies occurs within the last six months of the term of office of the council concerned the Governor may appoint any qualified person to the vacant office.

(4) If a vacancy in the office of mayor or president of an area to which this section applies continues after the time prescribed for election thereto the Governor may appoint any qualified person to the vacant office.

(e) by inserting at the end of section twenty-six the following new subsection : —

(5) In this section "deputy-mayor" includes, in relation to a city of which there is a Lord Mayor, deputy Lord Mayor.

(f)	by inserting at the end of subsection two of section twenty-seven the words ", the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong, or the mayor or president of any other area to which section 25A applies";
(g)	by inserting at the end of section twenty-nine the following new subsection : —
(6) In respect of an area to which section 25A applies other than the City of Sydney the allowance
payable by the council to its mayor or president for
the year immediately following an ordinary election shall be fixed at the first meeting of the council held after that election and for any other year shall be fixed at the first meeting of the council held in such year.
(h)	by inserting at the end of section thirty-two the words ", the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong, or the mayor or president of any other area to which section 25A applies";

(i)

(i)  by omitting from subsection two of section thirty- three the words "In this subsection a reference to an alderman shall, in relation to the Council of the City of Sydney, be deemed to include the Lord Mayor." and by inserting in lieu thereof the follow­ ing words: —

In this subsection a reference to an alderman or councillor shall, in relation to the cities of Sydney and Newcastle be deemed to include the Lord Mayor, and in relation to the City of Greater Wollongong and any other area to which section 25A applies, the mayor or president thereof, as the case may be.

(j)	by inserting at the end of subsection two of section thirty-four the words ", the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong, or the mayor or president of any other area to which section 25A applies";
(k)	by inserting in section 38A after the words "City of Sydney" the words ", the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong or the mayor or president of any other area to which section 25A applies,";

(1) by omitting subsection two of section thirty-nine and by inserting in lieu thereof the following subsec­ tion : —

(2) The appointed day for an election of the Lord Mayor of the City of Sydney, the Lord Mayor of

the City of Newcastle, the Mayor of the City of

Greater Wollongong, and the mayor or president of any area to which section 25A applies shall be—

(a) for ordinary elections—the day on which ordinary elections of aldermen or coun­ cillors of the area concerned are held, or in the event of such ordinary elections being uncontested, the day on which the ordinary elections of aldermen or coun­ cillors would have been held if they had been contested elections;

(b)

(b) for an extraordinary election—a Saturday fixed and advertised by the returning officer being within two months after the occur­ rence of the extraordinary vacancy.

3 .     Part V of the Principal Act is amended—

(a) by omitting paragraph (c) of section fifty and by inserting in lieu thereof the following paragraph : —

(c) in the case of the City of Sydney, the City of Newcastle, the City of Greater Wollon­ gong, and any other area to which section

25A applies, to vote at any election of Lord

Mayor, mayor or president, as the case may be, of any area for which he is enrolled.

(b) (i) by inserting in subsection one of section seventy- one after the word "Sydney" the words ", the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong, or the mayor or president of any other area to which section

25A applies,";

(ii)	by omitting paragraph (b) of subsection two of the same section and by inserting in lieu thereof the following paragraph : —
(b) To entitle a person to be nominated as Lord Mayor of the City of Sydney, Lord Mayor of the City of Newcastle, Mayor of the City of Greater Wollongong, or mayor or president of any other area to which section 25A applies, he must be qualified to be elected as an alder­ man or councillor, as the case may be, of the area concerned.

(iii)

(iii)   by omitting paragraph (b) of subsection three of the same section and by inserting in lieu thereof the following paragraph: —

(b) A person shall not, in respect of any election of Lord Mayor of the City of Sydney, Lord Mayor of the City of Newcastle, Mayor of the City of Greater Wollongong, or mayor or president of any other area to which section

25A applies and any election of aldermen
or councillors of any such area to be held at the same time, be nominated as Lord Mayor, mayor or president, as the case may be, and also as alderman or councillor for the area concerned.

(c) by omitting subsection three of section seventy-two and by inserting in lieu thereof the following subsection : —

(3) This section shall, mutatis mutandis, apply to elections of the Lord Mayor of the City of Sydney, the Lord Mayor of the City of Newcastle, the Mayor of the City of Greater Wollongong, and the mayor or president of any other area to which section 25A applies, and in its application to such elections a reference to candidates nominated as aldermen or councillors shall be construed as a reference to candidates nominated for the office of Lord Mayor, mayor or president, as the case may be, of the area concerned.

(d) by omitting subsection (1A) of section seventy-three

and by inserting in lieu thereof the following

subsection: —
(1A) If on the day appointed for any election of Lord Mayor of the City of Sydney, Lord Mayor of the City of Newcastle, Mayor of the City of Greater Wollongong, or mayor or president of any other area to which section 25A applies, there are two or more candidates nominated as Lord Mayor, mayor or president, as the case may be, of any such area there shall be a contested election of Lord Mayor, mayor or president of the area concerned.

(e)

(e) by inserting at the end of section 73A the words ", Lord Mayor of the City of Newcastle, Mayor of the City of Greater Wollongong, and the mayor or president of any other area to which section 25A applies".

4. The provisions of Ordinance No. 8—Nominations and Uncontested Elections, made under the Principal Act, and any amendment of that Ordinance, shall apply mutatis mutandis to and in respect of nominations and uncontested elections of the Lord Mayor, mayor or president of any area to which section 25A of the Principal Act, as inserted by paragraph (d) of section two of this Act, for the time being applies.

(1) Where before the commencement of this Act any act or thing has been done with respect to the nomination for election, or election, at the triennial ordinary elections to be held on the fifth day of December, one thousand nine hundred and fifty-nine (such date being in this section called the election date) of the Lord Mayor, mayor or president as the case may be of the City of Newcastle, the City of Greater Wollongong or any other area to which section 25A of the Principal Act, as inserted by paragraph (d) of section two of this Act, is applied by proclamation made under the said section 25A before the election date such act or thing shall be and be deemed always to have been as valid and effectual as it would have been had the amendments made by sections two and three (subparagraph (iii) of paragraph (b) of section three excepted) of this Act been in force at the time when such act or thing was done and had the provisions of Ordinance

5.

No. 8—Nominations and Uncontested Elections, made under the Principal Act, applied mutatis mutandis at that time to	and in respect of nominations and uncontested elections of the
Lord Mayor, mayor or president, as the case may be, of any such area.
(2) Where in connection with any election to be held on the election date—
(a)	any person has been, before the commencement of this Act, or is, after that commencement, nominated as an alderman of the Council of the City of New­ castle or the Council of the City of Greater Wollon­ gong or as an alderman or councillor of any other

area

area to which section 2 5 A of the Principal Act, as inserted by paragraph (d) of section two of this Act, is applied by proclamation made under that section before the election date; and

(b)	such person has been, before that commencement, nominated or proposed for nomination, or is, after that commencement, proposed for nomination, as Lord Mayor, mayor or president, as the case may be; and
(c)	his name has not been or is not withdrawn from nomination as Lord Mayor, mayor or president, as the case may be, before nomination day;

such person shall be deemed not to have been so nominated
as an alderman or councillor of such area.

( 3 ) Where before the commencement of this Act a council of an area has passed a resolution to the effect that the mayor or president of that area shall be elected by the electors of that area at the triennial ordinary elections to be held on the election date, such resolution shall be deemed to be an application made by that council that the provisions of section 2 5 A of the Principal Act, as inserted by paragraph (d) of section two of this Act, apply to that area.

6 .       ( 1 ) Part X I I A of the Principal Act is amended—

(a) by inserting at the end of section 342L the following new subsection: —

( 2 ) (a) In this subsection—

"local scheme" means a scheme prepared by the council of an area wholly or partly included in the County of Cumberland.

"County of Cumberland Planning Scheme"

means the scheme prescribed by the Local

Government (Amendment) Act, 1 9 5 1 ,

together

together with, upon its being prescribed under this Part, the supplementary scheme referred to in subsection one of section two of the Local Government Town and Country Planning (Amendment) Act, 1950, and any prescribed scheme prepared by the Cumberland County Council varying either such scheme.

(b) A local scheme, in respect of the land to

which it applies—

(i)   may vary the County of Cumberland Planning Scheme;

(ii)   shall incorporate all such provisions of the County of Cumberland Planning Scheme as relate to the land to which the local scheme applies and are not inconsistent with the pro­ visions of the local scheme; and

(iii)   may include any additional provisions con­ sistent with the provisions of this Part, including, but without limiting the generality of the foregoing provisions of this paragraph, provisions—

(a) specifying the council and the Cumber­ land County Council as responsible authorities respectively for carrying into effect and enforcing such pro­

visions of the local scheme as relate

to any particular portion or portions of the land included in the local scheme or such of those provisions as are directed to particular objects or purposes;

(b) for or with respect to—

(i)   preserving, continuing or en­ forcing any right, privilege, obligation or liability acquired, accrued or incurred under the

County

County of Cumberland Plan­ ning Scheme in respect of any land to which the local scheme applies before the revocation of the County of Cumberland Planning Scheme in respect of that land, pursuant to para­ graph (d) of this subsection;

(ii)   the taking of legal proceedings in respect of any offence under the County of Cumberland Planning Scheme committed in respect of any land to which the local scheme applies before such revocation; and

(iii)   deeming anything done, before such revocation, under any pro­ vision of the County of Cum­ berland Planning Scheme in respect of any land to which the local scheme applies to have been done under any like provision of the local scheme.

(c) (i) In assessing compensation under Division 9 of this Part in respect of the injurious affection of an estate or interest in land caused by or arising out of the County of Cumberland Planning Scheme, there shall, where the claim for compensa­ tion has not at the time when the local scheme comes	into operation been finally determined, be taken into	account in addition to the matters referred to in
subsection four of section 342AC any modification of the injurious affection that may have been or may be effected by or in consonance with the local scheme.
(ii) Where an estate or interest in land is injuriously affected by reason of any provision contained in the County of Cumberland Planning Scheme and a claim for compensation in respect of such injurious affection has not been made within the time prescribed or has been so made and has

been

been determined, a person shall not be entitled to claim compensation in respect of such injurious affection by reason of the inclusion in the local scheme of that provision or of a provision substan­ tially to the same effect.

(d) On the date on which the local scheme comes into operation the County of Cumberland Planning Scheme shall be revoked to the extent to which it applies in respect of the land to which the local scheme applies.

(e) The Cumberland County Council or the council of the area concerned may by a subsequent scheme vary the local scheme :

Provided that in the case of the Cumberland County Council any subsequent scheme shall include provision only for such matters consistent with the provisions of this Part as may from time to time be prescribed.

(f) The Cumberland County Council shall in respect of any of the provisions of any local scheme in respect of which it is the responsible authority be deemed, for the purposes of Division 9 of this Part, to be "the council which is the responsible authority concerned" referred to in that Division.

(b)	by omitting subsection two of section 342T and by inserting in lieu thereof the following subsection : —
(2) The provisions of this Division with respect to the control of interim development shall not apply

except to the extent to which those provisions apply to any land to which a prescribed scheme applies

to any such land by virtue of subsection two of

section 342Y of this Act.

(c) by omitting paragraph (b) of subsection one of section 342AA and by inserting in lieu thereof the following paragraph : —

(b) Notwithstanding the making of a delegation in pursuance of paragraph (a) of this subsection each council concerned shall have full power to pre­ pare schemes with respect to all or any land within its area.

(d)

(d) by inserting at the end of subsection two of section 342AB the following new proviso : —

Provided that the inclusion in such scheme of such matters shall not preclude a council concerned from including provision for similar matters in any scheme prepared by that council in respect of all or any land within its area.

(2) The Minister may include in any scheme which—

(a)	was submitted to him under section 342H of the Principal Act before the commencement of this Act;
(b)	was prepared by the council of any area wholly or partly included in the County of Cumberland; and
(c)	has been the subject of a report made under section 342 of the Principal Act,

any matter which the council of that area would have been entitled or required to include in the scheme had the amendments made by paragraph (a) of subsection one of this section been in force when the scheme was prepared.

(3) (a) The amendment made by paragraph (a) of subsection one of this section shall be deemed to have commenced on the twenty-seventh day of June, one thousand nine hundred and fifty-one, and shall apply to schemes prepared before that date as well as to schemes prepared after that date.

(b) The amendments made by paragraphs (b) ,

to have commenced on the fifth day of April, one thousand	(c) and (d) of subsection one of this section shall be deemed
nine hundred and forty-five.

(1) The Local Government (Amendment) Act, 1951,

is amended by inserting at the end of subsection four of
section two the following new proviso : —

7 .

Provided that nothing contained in this subsection
shall prevent the council of an area wholly or partly

included in the County of Cumberland from including

in

in a scheme with respect to all or any land within its area provisions varying the County of Cumberland Planning Scheme or any subsequent scheme varying that scheme.

(2) The County of Cumberland Planning Scheme Ordinance as prescribed by the Local Government (Amendment) Act, 1951, and as amended by the County of Cumberland Planning Scheme (Amendment No. 1) Ordinance proclaimed in Gazette No. 87 of the second day of August, one thousand nine hundred and fifty-seven, is amended by omitting subclause three of clause fifty-seven.

(3) The amendments made by subsections one and two of this section shall be deemed to have commenced on the twenty-seventh day of June, one thousand nine hundred and fifty-one.

8.      (1) Part X X I X of the Principal Act is amended—

(a) by omitting from section five hundred and sixty the definition of "Delegation" and by inserting in lieu thereof the following definition : —

"Delegation" means a transfer of powers to a county council in accordance with this Part and "delegate" has a corresponding meaning.

(b) (i) by inserting in subsection one of section five districts" the words "or where the councils of two or more county districts have the same functions, powers and duties, unite those county districts"; hundred and sixty-one after the words "county

(ii) by omitting subsection four of the same section;

(iii)   by inserting at the end of subsection five of the same section the following new proviso: —

Provided that this subsection shall not apply
in any case where under this Part two or more
county districts are united and constituted as

a county district. (c)

(c) by inserting next after the same section the following new Division: —

DIVISION 2A.—Alteration and union of county

districts.

561A. (1) A proposal to the Governor to alter the boundaries of a county district or to unite two or more county districts may be submitted to the Minister—

(a) by the county council of any county district which will be affected by the proposal; or

(b) by any council concerned; or

(c) by an officer of the Minister; or

(d) in a case where a county district is constituted for the purpose of the supply of electricity, by the Electricity Authority of New South Wales.

(2) If the Minister decide to proceed with

any such proposal he shall give the prescribed notice.

(3) Within the time fixed in such notice,

objection to the proposal may be lodged—

(a)	by the county council of any county district which will be affected; or
(b)	by any council concerned.

(4) If objection be duly lodged, and if the

to proceed further with the proposal, he shall refer	Minister, after considering such objection, decide
it for inquiry and report to a person appointed by him in accordance with this Act.
(5) If objection be not duly lodged, or if the report made as the result of inquiry following on the lodging of objection be in favour of the proposal (with or without modification), the proposal with such modification, if any, as may be found advisable may be submitted for the Governor's decision.

(6)

(6) The powers of section five hundred and sixty-one of this Act in relation to the alteration or union of county districts shall not be exercised except upon a proposal dealt with in accordance with this section.

(d)

by omitting from subsection one of section five hundred and sixty-three the words "the provisions of subsection two of section twenty-two of this Act shall, mutatis mutandis, apply thereto" and by inserting in lieu thereof the words "may sue and be sued in its corporate name; and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing holding granting demising disposing of and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

The corporate name of the county council shall be The . . . . County Council '" .

(e) (i) by inserting next after subsection three of section five hundred and sixty-four the following new subsections : —

(3A) Where the boundaries of a county

district are altered by adding thereto any area

or part of an area, the council of the county district as so altered shall have and may exercise

in respect of the county district as so altered all

the functions, powers and duties which it had and was entitled to exercise in respect of the county district immediately before the altera­ tion, and such functions, powers and duties shall, as on and from the date specified in that behalf in the proclamation altering the boun­ daries of the county district, be deemed to have been delegated to the county council in respect of the area or part added to the county district.

Such

Such delegation shall be deemed to have been made as on and from the date so specified by the proclamation altering the boundaries of the county district.

(3B) Where two or more county districts are united under this Part the council of the united county district shall have and may exercise for the benefit of the united county district all the functions, powers and duties which the councils of the county districts so united had or were entitled to exercise or perform immediately before the union, and such functions, powers and duties shall, as on and from the date specified in that behalf in the proclamation uniting the county districts, be deemed to have been delegated to the county council of the united county district.

Such delegation shall be deemed to have been made as on and from the date so specified by the proclamation uniting the county districts.

(3c) Where the boundaries of a county district are altered by excluding therefrom the whole or part of a constituent area without at the same time adding it to another county district, the functions, powers and duties which by law were exercisable or performable by the county council within the county district immediately before the date of the proclamation by which the boundaries were so altered shall

after that date, and those functions, powers and	be limited to the county district as constituted
duties shall be exercisable and performable within the excluded area by the council of the shire or municipality of which the excluded area forms part.

(ii)  by inserting in subsection four of the same section after the word "shall" where firstly occurring the words "for the benefit of the county district";

(iii)

(iii)  by inserting at the end of the same subsection the following new paragraph : —

(b) Except where otherwise expressly pro­ vided in this Act a council concerned shall not undertake any function delegated to the county council.

(iv)   by inserting at the end of subsection five of the same section the following new proviso: —

Provided that where two or more county districts are united under this Part and con­ stituted as a county district any delegations under this section of any functions, powers or duties to the councils of the county districts so united in force immediately before the union shall cease to have any effect.

(f) by inserting next after section 564B the following new section: —

564BA. (1) Where the Governor has, by proclama­ tion, altered the boundaries of county districts, or united two or more county districts, the Governor may by the same or any subsequent proclamation,

(a) provide for all matters necessary for, con­ sequential upon or incidental to the altera­ tion or union, and

(b) provide for any matter or thing which the Governor may deem necessary or expedient in the circumstances.

(2) Such provisions may without limiting the generality of the foregoing include provisions for or relating to : —

(a) the transfer of assets, rights and liabilities, the transfer of servants, the levying of rates and borrowing, the recovery of rates and

charges,

charges, contracts, agreements and under­ takings entered into by any of the councils of the areas or county districts affected by the alteration or union, suits actions and proceedings pending immediately before the alteration or union at the suit of any of the councils of the areas or county districts affected by the alteration or union;

(b)	the appointment of provisional councils, and empowering any such provisional council to exercise all or any of the powers of a county council, pending the election of county councils;
(c)	the entering into of agreements and making of arrangements between county councils, councils, and creditors, or by the Minister or a District Court Judge and the enforce­ ment and giving effect to any such agree­ ment or arrangement;
(d)	any other matter for which provision is made or may be made by Part I I I or this Part of this Act or any matter of the like nature.

(3) Such provisions may adopt with such modification, additions or alterations as the Governor may deem necessary any of the provisions of Part III or this Part of this Act.

(4) Any such proclamation shall have the

force of law.

(g) by omitting from subsection one of section 565A the words "the county council for";

(h) by omitting section five hundred and sixty-seven.

( 2 )

( 2 ) (a) Where before the commencement of this Act

county districts have been altered by including therein wholes or parts of areas or county districts have been united to con­ stitute new county districts all such alterations and unions shall be deemed to have been and to be valid and in accord­ ance with the law.

(b) (i) Any matter or thing done in connection with or consequential upon or incidental to any such altera­ tion or union shall be deemed to have been and to be valid and in accordance with the law.

(ii) Any proclamation made or purporting to have been made in connection with or consequential upon or incidental to any such alteration or union shall be deemed to have been and to be as valid and effectual as it would have been had section 564BA of the Principal Act as inserted by paragraph (f) of subsection one of this section been in force at the time when such proclamation was made.

(iii) Nothing in this paragraph applies to paragraphs (4) and (5) of the proclamations published in Gazette number one hundred and seventeen of the twenty-first of November, one thousand nine hundred and fifty-eight, with respect to the alterations of the boundaries of the Prospect County District and the Central West County District.

(c) A proclamation may be made under section

564BA of the Principal Act as inserted as aforesaid to have

effect as on and from the date specified therein in relation to

trict and the Central West County District referred to in	the alterations of the boundaries of the Prospect County Dis­
subparagraph (iii) of paragraph (b) of this subsection notwithstanding that such alterations were made before the commencement of this Act.
As on and from the day such proclamation takes effect the provisions of subsection (3A) of section five hundred and sixty-four of the Principal Act, as inserted by paragraph (e) of subsection one of this section, shall have effect as if the alteration of the boundaries of the county district mentioned in such proclamation took place on such day.

9.      (1) The Principal Act is further amended—

(a) by inserting at the end of the definition of "Mayor" in section four the words "and the Lord Mayor of a city";

(b) (i) by omitting subsection one of section sixty-one and by inserting in lieu thereof the following subsection: —

(1) The Governor may by proclamation divide shires into ridings.

(ii)   by omitting from subsection two of the same section the words "alter any division of a shire into ridings: Provided that such alteration" and by inserting in lieu thereof the words "alter or abolish any division of a shire into ridings, and after abolishing any such division may again divide a shire into ridings : Provided that such alteration, abolition, or subsequent division";

(iii)   by omitting from subsection three of the same section the words "such alteration" and by inserting in lieu thereof the words "division, alteration, abolition or subsequent division";

(c) by inserting next after section eighty-two the follow­ ing new section: —

82A. (1) At any poll of electors held in an area under this Act in respect of the matters referred to in subsection (3B) of section seventy-three, section

81A or section five hundred and forty-four of this

Act, it shall be the duty of every elector whose place of living is within the area or part thereof in respect of which the poll is being taken and who is entitled to vote at the poll, to record his vote at the poll..

(2)

(2) The provisions of sections 74B to 74G both inclusive, and of Schedule Eight to this Act shall, mutatis mutandis, apply to any such poll.

(d)	by inserting in section 160B after the word and figures "Part I I I " the words and figures "or Part I V " ;
(e)	by inserting next after paragraph (d) of section 317Y the following new paragraph and subsection: —

(e) determine any application in respect of which the appeal is against the disapproval of such application by a council or against the neglect or delay of a council to give a decision with respect thereto within the time prescribed.

(2) In making its award the board shall have regard to this Act, the ordinances, the circumstances of the case, and the public interest.

(f) by inserting next after paragraph (d) of section 317AO the following new paragraph and subsection : —

(e) determine any application in respect of which the appeal is against the disapproval of such application by a council or against the neglect or delay of a council to give a decision with respect thereto within the time prescribed.

(2) In making its award the board shall have

regard to this Act, the ordinances, the circumstances
of the case, and the public interest.

(g) by inserting next after paragraph (d) of section 341L

the following new paragraph and subsection : —

(e) determine any application in respect of which the appeal is against the disapproval of such application by a council or against the neglect or delay of a council to give a decision with respect thereto within the time prescribed.

(2)

(2) In making its award the board shall have regard to this Act, the ordinances, the circumstances: of the case, and the public interest.

(h) by inserting next after section 417A the following new section: —

417B. This section shall apply to a person who immediately before the acquisition, whether before or after the commencement of the Local Government (Amendment) Act, 1959, by the council by purchase or resumption of any trading undertaking for the supply of gas or electricity was a servant wholly or principally employed in or in connection with such trading undertaking and who at such commencement is, or after such commencement becomes, a servant of such council.

The period of service of a person to whom this section applies with such trading undertaking before its acquisition as aforesaid shall to the extent to which long service leave has not been taken in respect thereof be deemed to be service with such council for the purpose of calculating any long service leave due to such person under this Act or any other Act or any ordinance, regulation or by-law or the terms and conditions of any staff agreement or any award or agreement made under the Industrial Arbitration Act, 1940, as amended by subsequent Acts.

(i)   by inserting next after section five hundred the following new section : —

500A. (1) Any person desiring to install a septic tank or a septic closet on his land may apply to the council to carry out the work on his behalf.

(2) The council may enter into an agreement with the applicant to carry out the work at his expense on such terms and conditions as it thinks fit, including, without limiting the generality of the foregoing, provisions for securing the payment by the applicant of yearly or half-yearly instalments

for

for defraying the cost of the work and interest on such cost, and for payment of an additional charge if any such instalment is not paid on the due date.

(3) The provisions of this Act with respect to the charge of a rate upon the land in respect of which it is levied shall, mutatis mutandis, apply with respect to the amount due or owing by any person to the council for the construction of any septic tank or septic closet under this section.

(2) Any division of shires into ridings, and any alteration of such division, made under the Principal Act and in force at the commencement of this Act shall be a division and an alteration of such division made under the Principal Act, as amended by this Act.

10. Notwithstanding the provisions of the Principal Act, the Valuation of Land Act, 1916-1951, the Metropolitan Water, Sewerage, and Drainage Act, 1924-1954, the Hunter District Water, Sewerage and Drainage Act, 1938-1956, or any other Act, a new valuation made by the Valuer-General in pursuance of section seventy of the Valuation of Land Act, 1916-1951, to determine the value of any land for the purpose of payment of death duties as provided under section sixty-five of that Act shall, whether entered on a supple­ mentary list or not, not be used by a rating authority as the basis of its rate in respect of the land included in such valuation.

In any such case, the rate levied by the rating authority levied in accordance with the valuation upon which the land	in respect of the land included in such valuation shall be
was last rated or ratable before the levying of such rate.

APPROPRIATION