Local Government (Amendment) Act 1979 (NSW)

LOCAL GOVERNMENT (AMENDMENT) ACT, 1979,

No. 199

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act No. 199, 1979.

An Act to amend the Local Government Act, 1919, with respect to fire safety in existing buildings, rates and certain other matters. [Assented to, 21st December, 1979.]

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, 1979".

( 1 ) Except as provided in subsection ( 2 ) , this Act shall commence on the date of assent to this Act.

2 .

( 2 ) Section 5 , in its application to Schedules 1 and 2 ( 5 ) ,

and Schedules 1 and 2 ( 5 ) shall commence on the day that is 1

month after the date of assent to this Act.

3 .      The Local Government Act, 1 9 1 9 , is referred to in this Act

as the Principal Act.

4 .      This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENT TO THE PRINCIPAL ACT

RELATING TO FIRE SAFETY IN EXISTING BUILDINGS.

SCHEDULE 2.—MISCELLANEOUS AMENDMENTS TO THE

PRINCIPAL ACT.

SCHEDULE 3.—SAVINGS, TRANSITIONAL AND OTHER

PROVISIONS.

5.     The Principal Act is amended in the manner set forth in

Schedules 1 and 2 .

6.      Schedule 3 has effect.

SCHEDULE 1.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE SAFETY

IN EXISTING BUILDINGS.

Part XI , Division 4 B —

Omit the Division, insert instead :—

DIVISION 4B.—Fire safety in existing buildings.

317c. (1 ) In this Division—

"board", in relation to an objection made under this Division, means the Board of Appeal constituted under Part XIIB to deal with that objection;

"owner", in relation to a building, means the owner of the land on which the building is erected;

"work" means work in the nature of alterations or otherwise, and includes—

(a)	the provision of means of escape or egress;
(b)	the installation of automatic sprinklers or drenchers; and
(c)	the protection from fire of means of escape or egress.
(2) A reference in this Division (however

expressed) to provision for fire safety is a reference to provision for all or any of the following things, namely :—

(a) the safety of persons in the event of fire;
(b) the prevention of fire;
(c) the suppression of fire:
(d) the prevention of the spread of fire.

SCHEDULE 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(3) A reference in this Division to the owner of land is, in the case of land which is the subject of a strata scheme under the Strata Titles Act, 1973, a reference to the body corporate for that strata scheme.

(4 ) Where—

(a)	an objection is made to the Tribunal in accordance with section 317F against an order of a council under section 317D and the board confirms that order with modifications; or
(b)	a council modifies an order under section 317D in accordance with section 317G ( 2 ) ,

a reference in this Division to the order is a reference to
the order as so modified.

317D. (1 ) For the purpose of ensuring that adequate provision for fire safety is made in or in connection with a building, the council may, by notice in writing, order the owner to do either or both of the following things, namely :—

(a) to carry out, within the period specified in the notice, such work as may be so specified;

(b) to provide, within the period specified in the notice, such fire-fighting equipment as may be so specified.

(2) For the purpose of giving an order under subsection (1) (a) pursuant to section 3l7E, the council may, by notice in writing, order the owner to prepare and submit to the council, within the period (not exceeding 3 months) specified in the notice, particulars of the work he considers necessary to make provision for such matters as may be so specified.

S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(3) A person does not comply with an order under subsection (2) for the submission of particulars of work unless he submits such plans and specifications as he would be required to submit under section 312 (1 ) (b ) if he were applying to the council for approval of that work.

(4 ) An order may be given under subsection (1) in relation to a building whether or not an order is or has been given under subsection (2) in relation to that building.

317E. (1) Where a person submits particulars of work to a council in accordance with an order of the council under section 317D ( 2 ) , the council shall, within 28 days after those particulars of work are submitted—

(a)	approve of those particulars of work without modification or with such modifications as it thinks fit; or
(b)	disapprove of those particulars of work.

(2) If a council approves of particulars of work

that a person has submitted without modification, the
council shall forthwith order, under section 317D (1 )	( a ) ,
the person to carry out that work.

(3) If a council approves of particulars of work that a person has submitted with modifications, the council shall—

(a) forthwith notify the person of those modifications and specify in the notification the period (not less than 28 days) within which the person may object to the council against those modifications; and

S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(b) after the expiration of the period so specified and after giving due regard to any objection received, order, under section 317D (1) ( a ) , the person to carry out the work subject to such modifica­ tions as may be specified in the notice of the order.

(4 ) If a council disapproves of particulars of

work that a person has submitted, the council shall—

(a)	prepare, within 3 months after that disapproval, particulars of the work that it considers necessary to make provision for the matters specified in the notice of the order given to the person under section 317D (2) ;
(b)	forthwith notify the person of the particulars of the work so prepared and specify in the notifica­ tion the period (not less than 28 days) within which the person may object to the council against carrying out that work; and
(c)	after the expiration of the period so specified and after giving due regard to any objection received, order, under section 317D (1) ( a ) , the person
tions (if any) as may be specified in the notice to carry out that work subject to such modifica­
of the order.

(5) Where a person fails to submit particulars of work to a council in accordance with an order of the council under section 317D ( 2 ) , the council shall, within a period of 3 months after that failure—

(a)	prepare particulars of the work that it considers necessary to make provision for the matters specified in the notice of the order; and
S C H E D U L E	1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(b) order, under section 31 7D (1) (a), the person to carry out that work.

(6 ) An order given pursuant to this section is not invalid by reason only of the failure of the council to approve or disapprove of any particulars of work or prepare particulars of any work, as the case may be, within the period it is required to do so by this section.

(7) A council may recover from a person its expenses in preparing particulars of work under this section in any court of competent jurisdiction as a debt due to the council—

(a)	if the council disapproved of particulars of work that the person had submitted and the court is of the opinion that the work does not make provision for the matters specified in the notice of the order given to the person under section 317D
( 2 ) ; or
(b)	if the person failed to submit particulars of work to the council in accordance with the order given to the person under section 317D ( 2 ) .

317F . (1) Except as provided in subsection ( 2 ) , a person who is required to comply with an order under section 317D or a person who may be affected by the order may, by himself or by any person on his behalf, object to the Tribunal against the order within 1 month after notice of the order is served or within the period specified for compliance with the order, whichever is the shorter period.

S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(2) A person who is required to comply with an order given pursuant to section 317E (2) or (3) (b) is not entitled to object to the Tribunal against the order unless the objection—

(a)	relates to the period specified for compliance with the order; or
(b)	in the case of an order given pursuant to section 317E (3 ) ( b ) , relates to any modifications made by the council.

(3) If any person objects to the Tribunal against

an order, the board may, on hearing the appeal—

(a) confirm the order without modification;

(b)	confirm the order with such modifications (including modifications of the period specified for compliance with the order) as it thinks fit; or
(c)	refuse to confirm the order.

(4) Where an objection is duly made to the
Tribunal against an order, the order has no force or effect

for the purposes of this Division unless the board confirms

the order, with or without modification, or the appeal is	withdrawn.
317G. (1) Where a council gives a person an order under section 317D, the council shall, in the notice of the order—

(a) state that the person or any other person affected by the order may object to the Tribunal against the order or a specified part of the order, as the case may be; and

(b) specify the period limited for objection.

SCHEDULE 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(2) A council may, at any time, modify an order it has given to a person under section 317D (including a modification of the period specified for compliance with the order) if the person agrees to that modification.

(3) Where land on which a building is erected is

owned by more than one person—

(a)	an order under section 317D in respect of the building is not invalid by reason only that it was not given to all of those owners; and
(b)	any of those owners may comply with such an order without prejudice to the liability of the other owners to pay for the cost of complying with the order.

(4) Nothing in this Division prejudices the right of an owner to recover from any other person all or any of the expenses incurred by him in complying with an order under section 317D in relation to a building, including expenses recovered under section 317H.

317H. (1) Where a person fails to comply with an order under section 317D for the carrying out of work or the provision of fire-fighting equipment in respect of a building, the council and any person authorised by it may enter upon the building and the land on which the building is erected and carry out that work or provide that equip­ ment so far as that work or that equipment has not been carried out or provided.

S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(2 ) The council may remove any materials demolished in carrying out work under subsection (1) to a convenient place and sell the materials if and as it thinks fit.

(3 ) Any expenses incurred by the council in con­

nection with the exercise of its powers under this section (less the proceeds, if any, of any sale under this section) may be recovered by the council in any court of competent jurisdiction as a debt due to the council by the owner.

317I. (1 ) A person who fails to comply with an order

under section 317D is guilty of an offence and is liable—

(a)	to a penalty not exceeding $10,000 in the case of a corporation or $2,000 in any other case; and
(b)	except in the case of an order under section 317D ( 2 ) , to an additional penalty not exceeding $500, in the case of a corporation, or $100, in any other case, for each day that the order is not complied with after the day specified for (2) Proceedings for an offence arising under sub­compliance with the order.
section (1) may be taken only before a court of petty
sessions held before a stipendiary magistrate sitting alone or before the Supreme Court in its summary jurisdiction.
(3) If proceedings for an offence arising under subsection (1) are taken before a court of petty sessions, the maximum penalty that the court may impose in respect of the offence is, notwithstanding anything to the contrary in subsection ( 1 ) , $2,000 (including any daily penalty).
S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(4) Proceedings in the Supreme Court in its summary jurisdiction for an offence arising under sub­ section (1) may be commenced only within 6 months after the offence was committed.

(5) In the event of a failure to comply with an

order under section 317D—

(a)	proceedings for an offence arising under sub­ section (1) may be taken notwithstanding that the council is exercising or has exercised all or any of its powers under this Division in relation to that failure; or
(b)	the council may exercise all or any of its powers under this Division in relation to that failure not­ withstanding that proceedings have been taken for the offence.

317J. (1) The Board of Fire Commissioners of New South Wales (in this section referred to as the "Board") , by an officer or servant of the Board authorised for the purposes of this section by the Minister administering the Fire Brigades Act, 1909, may, subject to subsection ( 2 ) , exercise the powers conferred on a council under section 524 for the purposes of inspecting a building to determine whether adequate provision for fire safety has been made in or in connection with the building.

S C H E D U L E 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(2 ) The Board is not authorised to inspect a

building under subsection (1) unless—

(a)	it is requested to do so by the council of the area in which the building is located;
(b)	it is requested to do so by a person who holds himself out as the owner, lessee or occupier of the building; or
(c)	it has received a complaint in writing that adequate provision for fire safety has not been made in or in connection with the building,

and unless the officer or servant of the Board who carries out the inspection is accompanied during the inspection by a person authorised by that council.

(3) A council shall, at the request of the Board, make available a person authorised by it for the purposes of an inspection by the Board under subsection ( 1 ) .

(4) Where the Board carries out an inspection

of a building under subsection ( 1 ) , it shall furnish to the

council of the area in which the building is located—

(a) a report of the inspection; and

(b) if it is of the opinion that adequate provision for fire safety has not been made in or in connection with the building, such recommendations as to the carrying out of work or the provision of fire-fighting equipment as it considers appropriate.

SCHEDULE 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(5) A council shall—

(a)	table any report and recommendations it receives under subsection (4) at the next meeting of the council; and
(b)	at any meeting of the council held within 28 days after receiving the report and recommendations or at the next meeting of the council held after the tabling of the report and recommendations, whichever is the later, determine whether it will exercise its powers under this Division.

(6 ) A reference in subsection (5) to a meeting of a council does not include a reference to a special meeting of the council unless the special meeting is called for the purpose of tabling any report and recommendations or making any determination referred to in that subsection.

(7) The Board, by an officer or servant of the Board authorised for the purposes of this section by the Minister administering the Fire Brigades Act, 1909, may exercise the powers conferred on a council under section 524 for the purposes of inspecting a building to determine whether the provisions of or made under any Act (including

purposes of this subsection) have been contravened or have this Act) for fire safety (being provisions prescribed for the

not been complied with.

317JA. (1) This section applies to buildings which are listed in the Register of the National Estate kept in pursuance of the Australian Heritage Commission Act 1975 of the Parliament of the Commonwealth.

SCHEDULE 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(2 ) A council shall not give an order under section 317D (not being an order given pursuant to section 317E) in respect of a building to which this section applies unless—

(a)	the Heritage Council of New South Wales (in this section referred to as the "Heritage Council") is given at least 28 days' notice of the council's intention to do so;
(b)	a joint inspection of the building is made with the Heritage Council if it requests such an inspec­ tion within 28 days of being notified of the council's intention to give the order; and

(c) where such an inspection has been made—

(i)   in the case of an order under section 317D (2 )—the Heritage Council is given at least 14 days to notify the council whether it wishes to be consulted in connection with the order; or

(ii)   in any other case—the Heritage Council is given at least 28 days to make recom­ mendations to the council as a consequence of the inspection.

(3 ) Where the Heritage Council notifies a

council that it wishes to be consulted in connection with an order under section 317D ( 2 ) , the council shall include a statement to that effect in the notice of the order.

(4) A council shall not give an order under section 317D (being an order given pursuant to section 317E) in respect of a building to which this section applies unless the Heritage Council is given at least 28 days to make recommendations to the council in respect of the order.

SCHEDULE 1—continued.

AMENDMENT TO THE PRINCIPAL ACT RELATING TO FIRE

SAFETY IN EXISTING BUILDINGS—continued.

(5) A council shall, in exercising its powers under this Division in respect of a building to which this section applies, give due regard to any recommendations made by the Heritage Council.

(6) Nothing in this section affects any of the

provisions of the Heritage Act, 1977.

317JB . The Supreme Court may, upon application by a council, make such orders (including interlocutory orders) as it considers appropriate for the cessation of the use of any building or part thereof for all or any specified pur­ poses if the safety of persons in the building or of any other persons is endangered by reason that adequate pro­ vision for fire safety has not been made in or in connection with the building.

SCHEDULE 2.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT.

(1) (a) Section 11 (2) ( a ) —

Omit "fifteen thousand persons", insert instead

"25,000 persons".

(b) Section 11 (2) ( b ) —

Omit "one hundred thousand persons", insert instead

"150,000 persons".

(2) (a ) Section 25A (1) ( b ) —

Omit "made upon the application of the council", insert instead "made pursuant to subsection (7) or ( 8 ) " .

67880G-70

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(b) Section 25A ( 6 ) - ( 9 ) —

After section 25A ( 5 ) , inse r t :—

(6) Where the council of an area (not being an

area referred to in subsection (1) ( a ) ) —

(a) receives a petition signed by not less than one-tenth in number of the enrolled electors praying that a poll be taken on the question of whether this section should be applied to the council's area or should continue to apply to the council's area, as the case may be; or

(b) resolves that such a poll be taken.

the council—

(c) where such a poll has not been held since the last ordinary election of the council and the petition is presented, or the resolution passed, more than 6 months before the end of the council's term of office—shall take such a poll forthwith; or

(d) where such a poll has been held since the further such petition has been presented or a further such resolution passed, or where such a petition is presented or such a resolu­ tion passed 6 months or less before the end of the council's term of office—may take such a poll forthwith, but, if it does not do so, shall take such a poll at the next ordinary election of the council, last ordinary election of the council but a

and shall certify the result of the poll to the Governor
not later than 28 days after the taking of the poll.

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(7) Where the decision of a poll held under subsection ( 6 ) —

(a)	is in favour of applying this section to an area—the Governor shall, by proclamation, apply this section to the area; or
(b)	is not in favour of continuing to apply this section to an area—the Governor shall revoke the proclamation applying this section to the area.

(8) The Governor may, by proclamation, apply this section to an area upon the application of the council of the area unless the decision of a poll last held under subsection (6) is not in favour of applying this section to the area.

(9 ) A proclamation applying this section to an area may be revoked only pursuant to subsection (7) (b) and, if it is so revoked, the revocation does not take effect until the next ordinary election of the council of the area or the next extraordinary vacancy in the office of mayor or president of the area,

whichever first occurs.

(3 ) Section 33 ( 2 ) —

Omit "fourteen days" wherever occurring, insert instead

"21 days".

(4 )	Section 82A ( 1 ) —
Before "73 (3B ) " , insert "25A (6 ) or".

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(5 ) Section 87 ( 4 ) , ( 4 A ) —

Omit section 87 ( 4 ) , insert instead :—

(4) At a meeting of the council, the mayor or president (or the chairman presiding at the meeting) has, in the event of an equality of votes, a casting vote except in respect of—

(a)	the election of a mayor or president pursuant to section 25;
(b)	the election of a deputy-mayor or deputy- president pursuant to section 26; or
(c)	the election of delegates to a county council pursuant to section 562.

(4A) At a meeting of the council, the mayor or president
does not have an original vote if he is an alderman or

councillor by reason of the operation of section 25A ( 5 ) .

(6) Section 160AA ( 7 A ) —

After section 160AA ( 7 ) , inse r t :—

(7A) Where the payment of part of a rate which is required to be reduced by subsection (3) or (5 ) is postponed under section 160c, the amount of the rate for the purposes of this section shall be deemed to be the amount of that part of the rate that is not postponed under section 160c.

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(7) Section 160DA—

Omit the section, insert instead :—

160DA. (1) Notwithstanding anything in this Act, the person liable to pay any rates levied in the year commenc­ ing 1st January, 1980, or in any subsequent year may pay those rates by 4 instalments in accordance with this section if—

(a)	the first instalment is paid on or before the day provided for the payment of that instalment; and
(b)	where, on the day immediately preceding the day on which those rates are levied, rates are owing to the council by that person in respect of the land referred to in the rate notice for the rates so levied—the rates so owing are paid before or at the same time as the first instalment is paid.

(2) For the purposes of subsection ( 1 ) —

(a)	each instalment shall be of an amount equal to one-fourth of the rates, disregarding any remainder, together, in the case of the first instalment, with that remainder;
(b)	the first instalment shall be due and payable on the date that is 1 month after service of the rate notice; and
(c)	the second, third and fourth instalments shall be due and payable on dates that are respectively 3, 5 and 7 months after service of the rate notice

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(3 ) Where a person pays rates by instalments

in accordance with this section—

(a) the council shall accept those payments; and

(b) any instalments of those rates which are not due for payment—

(i) shall not recoverable by the council; and

(ii)   shall not be increased pursuant to section 158.

(4 ) Where a person fails to pay any instalment of rates (other than the first) on or before the day provided for payment of that instalment—

(a)	the total amount of the instalments unpaid on that day shall become due and payable to, and recoverable by, the council; and
(b)	the provisions of this Act relating to overdue rates shall apply in respect of the unpaid balance

of the rates,

as if that person were not paying the rates by instalments in

accordance with this section.

(5 ) Where, in the opinion of the council—

(a) a refusal to accept payment of an instalment of rates which is made after the day provided for its payment would cause hardship to the person who is liable to pay the rates; or

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(b) that person was unable for reasons beyond his control to pay that instalment on or before the day provided for its payment,

the council may accept the payment of that instalment and, for the purposes of this section, that instalment shall be deemed to have been paid on the day provided for its payment.

(8) Section 160E ( 1 ) , definition of "valuer"—

Omit "subsection (9) of section 160c", insert instead

"section After "depot-rubbish;", insert "and". 160c ( 1 ) " .

(9) (a ) Section 283 (1) ( b ) —

(b) Section 283 (1) ( c ) —

Omit "garbage; and", insert instead "garbage.".

(c) Section 283 (1) ( d ) —

Omit the paragraph.

(d) Section 283 ( 4 ) —

Omit "Minister of Health", insert instead "Health

Commission".

(10) (a) Section 313 ( p ) —

Omit "defined.", insert instead "defined; and".
SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(b) Section 313 ( q ) —

After section 313 ( p ) , insert :—

(q) whether the erection of the building adversely affects the drainage of adjoining sites.

(11) Section 500D—

After section 500c, insert :—

500D. (1) Subject to this section, the council may, on the application of a ratable person who has an estate or interest in land within the council's area, lend money to that person for the purpose of assisting him in meeting his contribution to the cost of works involved in extending the supply of electricity to that land.

(2) A loan under subsection (1) may be made at such rate of interest, and subject to such conditions and provisions, as the council thinks fit to impose, and in particular any such provisions may include a provision requiring the applicant to pay to the council by equal instal­ ments, and within such period as may be prescribed for

the purpose of this subsection, an amount equal to the	amount of the loan together with the total amount of
interest due in respect of the loan.
(3 ) The provisions of this Act with respect to the charge of a rate on land in respect of which it is levied shall apply to the amount of a loan made under subsection (1) and of any interest due in respect of the loan as if the amount were a rate so charged and as if the land with respect to which the loan was made were land in respect of which the rate had been levied.
SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL

ACT—continued.

(12) Section 504 ( 2 A ) —

Omit "$2,000", insert instead "$4,000".

(13) (a) Section 576 (4) ( a ) —

Omit "two hundred dollars", insert instead "$1,000 in the case of corporations or $500 in the case of individuals".

(b) Section 576 (4) ( b ) —

Omit "ten dollars per day", insert instead "$100 per day in the case of corporations or $50 per day in the case of individuals".

SCHEDULE 3.

SAVINGS, TRANSITIONAL AND OTHER PROVISIONS.

1. Division 4B of Part XI of the Principal Act, as in force immediately before the commencement of Schedule 1, applies to and in respect of any direction given under that Division before that commencement as if Schedule 1 had not been enacted.

2. Section 160DA of the Principal Act, as in force immediately before the date of assent to this Act, shall apply to rates levied in any year preceding the year commencing 1st January, 1980, as if this Act had not been enacted.

SCHEDULE 3—continued.

SAVINGS, TRANSITIONAL AND OTHER PROVISIONS—continued.

3. An approval given pursuant to section 283 (4) of the Principal Act before the date of assent to this Act shall, on and after that date, be deemed to have been given by the Health Commission of New South Wales.

4. Section 25A of the Principal Act does not cease to apply to an area

by reason only of the amendment of that section by this Act.

5. Section 160AA (7A) of the Principal Act, as inserted by this Act, does not apply in respect of rates levied in any year preceding the year commenc­ ing 1st January, 1980.