Local Government Amendment Act 1999 (TAS)

No judgment structure available for this case.

Local Government Amendment Act 1999

An Act to amend the Local Government Act 1993

[Royal Assent 30 June 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Local Government Amendment Act 1999 . 2Commencement (1) Sections 80 , 82 , 86 and 87 commence on a day or days to be proclaimed. (2) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Local Government Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting " Part 2 " from the definition of assets and substituting " Parts 2 and 3 and section 226A "; (b) by inserting the following definition after the definition of community : competitive neutrality principles means the national competition policy competitive neutrality principles referred to in clause 3 of the Competition Principles Agreement made between the Commonwealth, the States and the Territories; (c) by omitting " section 37 " from the definition of controlling authority and substituting " section 29 "; (d) by omitting " section 38 " from the definition of joint authority and substituting " section 30 "; (e) by omitting the definition of local committee ; (f) by inserting the following definition after the definition of mayor : member means – (a) a member of a special committee or a controlling authority; and (b) a person representing a single authority council or a joint authority council on a single authority or a joint authority; and (c) a member of the board of management of a single authority or a joint authority; (g) by omitting the definition of participating council and substituting the following definition: participating council means a council that, together with one or more councils, establishes a joint authority; (h) by inserting the following definitions after the definition of simple majority : single authority means an authority established under section 30 ; single authority council means a council that establishes a single authority; 5Section 12 amended (Result of review) Section 12 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(s) "or Schedule 3B " after " Schedule 3A "; (b) by omitting from subsection (4) " subsection (1) (b) , (c) , (d) , (e) , (i) , (l) or (m) " and substituting " subsection (1)(a) , (b) , (c) , (d) , (e) , (i) , (l) , (m) , (o) or (q) ". 6Section 16A insertedAfter section 16 of the Principal Act , the following section is inserted in Division 1: 16ACities (1) A city is an area specified in column 1 of Schedule 3B . (2) The name of each city is specified in column 2 of Schedule 3B . (3) A city is defined by reference to the relevant plan specified in column 3 of Schedule 3B . (4) The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1, 2 or 3 of Schedule 3B or substitute that Schedule in an order made under section 12 . 7Section 18 amended (Establishment of councils) Section 18(4) of the Principal Act is amended by inserting "or substitute that Schedule" after " Schedule 3 ". 8Section 19 amended (Corporation of councils) Section 19(2) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph: (a) in a municipal area in which there is a city, is to contain the name of the city or the name of the municipal area; or 9Section 20 amended (Functions and powers of councils) Section 20 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection: (3) A council may transfer to a single authority or joint authority – (a) any of its assets or liabilities on any condition it determines; or (b) any of its employees. 10Section 20A insertedAfter section 20 of the Principal Act , the following section is inserted in Division 2: 20APowers of entry In performing its functions or exercising its powers, a person authorised by a council may enter land – (a) if the council has given the owner or occupier of the land notice of intention to enter; or (b) without notice if – (i) an emergency exists; or (ii) entry is in relation to an application by the owner or occupier for a licence, permit or other approval given by the council. 11Section 21 amended (Enterprise powers) Section 21 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "participate" and substituting "form or participate"; (b) by inserting the following subsection after subsection (3) : (4) A council may exercise any power under subsection (1) outside the boundaries of its municipal area if that exercise is consistent with the competitive neutrality principles. 12Section 22 amended (Delegation by council) Section 22 of the Principal Act is amended as follows: (a) by omitting from subsection (1) ", a special committee or a local committee" and substituting "or a special committee"; (b) by omitting from subsection (1)(b) " subsection (2) " and substituting " subsection (3) "; (c) by omitting from subsection (2)(a) "imposition of fees, taxes, rates and charges" and substituting "collection of rates and charges under Part 9 "; (d) by omitting from subsection (3)(b) "and allowances"; (e) by omitting paragraph (h) from subsection (3) and substituting the following paragraph: (h) the making of rates and charges under Part 9 ; 13Section 26 amended (Mayors and deputy mayors)Section 26 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) "or its successor" after "Council"; (b) by inserting in subsection (2)(a) "or its successor" after "Council"; 14Part 3: Divisions 4 and 5 substitutedDivisions 4 and 5 of Part 3 of the Principal Act are repealed and the following Division is substituted: Division 4Authorities 29Controlling authorities (1) A council may establish a controlling authority with the following functions: (a) to carry out any scheme, work or undertaking on behalf of the council; (b) to manage or administer any property or facilities on behalf of the council; (c) to provide facilities or services on behalf of the council; (d) to carry out any other functions on behalf of the council. (2) A council may make provision for – (a) the membership of a controlling authority; and (b) the term of office and remuneration of members of a controlling authority; and (c) the proceedings of a controlling authority; and (d) the powers of a controlling authority; and (e) the rules for the conduct of the business of a controlling authority. (3) A council may remove a person from membership of a controlling authority by resolution of the council. (4) A liability incurred by a controlling authority may be enforced against a controlling authority or the council by which it was established. (5) A council may abolish a controlling authority. (6) If a controlling authority is abolished, its rights and liabilities vest in the council which abolished it. (7) The establishment of a controlling authority under this section does not affect the powers of the council to act in any matter. 30Single and joint authorities (1) A council, by a resolution of an absolute majority, may resolve to establish – (a) a single authority; or (b) a joint authority with one or more other councils. (2) A single authority or joint authority may be established – (a) to carry out any scheme, work or undertaking; and (b) to provide facilities or services; and (c) to perform any function or exercise any power of a council under this or any other Act. (3) The Minister, by notice in the Gazette, may establish a joint authority if – (a) the Minister has approved the rules of that proposed joint authority before the commencement of this section; and (b) the rules comply with section 38 . 31Notice of proposed authority (1) A council that resolves to establish a single authority or one of the councils that resolves to establish a joint authority is to – (a) publish a notice at least once in a daily newspaper circulating in the relevant municipal area; and (b) display a notice in a conspicuous place in its public office from the date on which the notice is first published until the date specified in the notice. (2) A notice is to specify the following: (a) the purpose of the proposed authority; (b) the membership of the proposed authority; (c) that a copy of the proposed rules of the authority is open for inspection at the public office; (d) that a copy of the proposed rules may be purchased at a specified price at the public office; (e) that written submissions in respect of the authority may be lodged with the general manager; (f) the date until which – (i) a copy of the proposed rules may be inspected or purchased; and (ii) submissions may be made. (3) A date specified under subsection (2)(f) is to be at least 21 days after a notice is first published. (4) The general manager, as soon as practicable after the notice is first published, must make available – (a) a copy of the proposed rules – (i) to the Director; and (ii) for inspection by the public; and (b) copies of the proposed rules for purchase at a price not exceeding the approximate cost of printing the rules. (5) The Minister, at any time until 31 December 1999, may exempt a council from complying with this section. 32Approval and certification of rules (1) After considering any submissions lodged under section 31 and making any alterations to the proposed rules of a proposed single authority or joint authority, a council may approve the proposed rules. (2) The general manager is to cause a copy of the approved rules to be certified by a qualified legal practitioner as being in accordance with the law. 33Notice of establishment of authority (1) After approving the proposed rules under section 32 , a council, by notice in the Gazette, may – (a) establish a single authority or joint authority; and (b) determine the name by which the authority is to be known. (2) The notice is to state – (a) that the authority is established on a specified date; and (b) the name of the authority; and (c) the membership of the authority, if it is a joint authority; and (d) the purpose for which the authority is established. 34Body corporate (1) A single authority or joint authority is a body corporate with perpetual succession and a common seal. (2) The common seal is to be kept and used as authorised by the rules of the single authority or joint authority. (3) The execution of a document sealed by a single authority or joint authority is to be attested in accordance with the rules of the authority. (4) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed. 35Functions and powers of authority A single authority or joint authority may – (a) acquire, hold, dispose of or otherwise deal with property; and (b) sue and be sued in its corporate name; and (c) perform any function or exercise any power specified in this Act or any other Act or in its rules. 36Operating outside municipal areas (1) A single authority or joint authority may perform its functions and exercise its powers outside the boundaries of the municipal area or areas of the relevant single authority council or participating councils if – (a) the rules of the authority permit; and (b) that exercise is in accordance with the competitive neutrality principles. (2) Subsection (1) does not apply to regulatory powers and powers of entry under this or any other Act. 37Winding-up (1) A single authority may be wound up – (a) by the council by absolute majority; or (b) by the Minister as a result of an inquiry under Part 13 . (2) A joint authority may be wound up – (a) by the Minister as a result of an inquiry under Part 13 ; or (b) on the decision of the majority of participating councils; or (c) if there are only 2 participating councils, by both councils. (3) The winding-up of a single authority or joint authority is to be notified in the Gazette by the council or one of the participating councils. 38Rules of authorities (1) The rules of a single authority or joint authority are to provide for the following: (a) the membership of the authority; (b) the proceedings of the authority; (c) financial contributions to the authority by the relevant single authority council or participating councils; (d) the specific functions and specific powers of the authority; (e) the rules of conduct of the business of the authority; (f) the manner in which assets of the authority are to be distributed in the event of it being wound up; (g) the manner in which any dividend is to be paid; (h) the withdrawal of a participating council from membership of the joint authority; (i) the proportions in which the participating councils are to be responsible for the liabilities of a joint authority in the event of its insolvency; (j) accounts and audit to be carried out in accordance with the Financial Management and Audit Act 1990 ; (k) the keeping and use of the common seal; (l) the attestation of execution of documents; (m) any other prescribed matter. (2) In the case of a single authority or joint authority to which Part 3A applies, the rules are to – (a) be consistent with the requirements of the corporatisation model for government business enterprises referred to in the Competition Principles Agreement made between the Commonwealth, the States and the Territories; and (b) provide for the following: (i) dividends payable by the authority in respect of the results of the financial transactions of the authority during each financial year; (ii) the method by which payments received from the Treasurer and comptroller under Part 3A are to be distributed between participating councils; (iii) the method by which a comptroller is to be appointed for the purposes of Part 3A and the requirements for that appointment; (iv) the matters referred to in subsection (3)(a) and (b) . (3) The rules may provide for the following: (a) a board of management to perform specified functions and exercise specified powers of the single authority or joint authority; (b) the appointment by that board of a chief executive officer to be responsible for the administration and operation of the authority; (c) the appointment by the chief executive officer of persons to assist the board in performing its functions and exercising its powers; (d) the delegation of functions and powers of the board to the chief executive officer; (e) the delegation of functions and powers of the chief executive officer to a person appointed under paragraph (c) ; (f) the transfer of employees and the rights and entitlements of employees transferred – (i) from a council to a single authority or a joint authority; or (ii) from a single authority or joint authority to a council; (g) the transfer of assets and liabilities – (i) from a single authority or joint authority to a council; or (ii) from a council to a single authority or joint authority; (h) the fixing and imposition of fees and charges relating to any goods or services provided by the authority; (i) the making of by-laws in accordance with Part 11 . (4) Subject to this section, the rules are not to provide for functions and powers that – (a) exceed the functions and powers of a council; or (b) empower the making of any rate or charge referred to in Part 9 ; or (c) empower the imposition of any fee or charge referred to in section 205 . (5) The rules may be amended – (a) by the absolute majority of a single authority council; or (b) by the majority of the participating councils; or (c) if there are only 2 participating councils, by both the councils. (6) Any amendments to the rules are to be dealt with as if they were proposed rules. 15Part 3A: Heading amended Part 3A of the Principal Act is amended by inserting in the heading to that Part "SINGLE AND" after "BY". 16Section 39A amended (Interpretation: Part 3A) Section 39A of the Principal Act is amended as follows: (a) by omitting the definition of authority to which this Part applies and substituting the following definition: applicable authority means a single authority or joint authority declared as such in an order made under section 39B ; (b) by inserting "a single authority council or" after "of" in the definition of comptroller . 17Section 39B substituted Section 39B of the Principal Act is repealed and the following section is substituted: 39BApplication of Part (1) This Part applies to – (a) an applicable authority; and (b) the single authority council or participating councils of an applicable authority. (2) The Governor, by order published in the Gazette, may declare a single authority or joint authority to be an applicable authority for the purpose of this Part. 18Section 39C amended (Payments) Section 39C of the Principal Act is amended as follows: (a) by inserting in subsection (1) "single authority council or" after "relevant"; (b) by inserting in subsection (1) "single authority council or" after "with the"; (c) by omitting from subsection (2) "authority to which this Part applies, the amount to be paid to the" and substituting "applicable authority, the amount to be paid to the single authority council or"; (d) by inserting in subsection (4) "single authority council and" after "provide each". 19Section 39D amended (Application of certain provisions of the Government Business Enterprises Act 1995 ) Section 39D(1) of the Principal Act is amended by omitting "authority to which this Part applies" and substituting "applicable authority". 20Section 39E amended (Appointment of comptroller) Section 39E of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The" and substituting "A single authority council or the"; (b) by omitting from subsection (2) "relating to a joint authority". 21Section 44 amended (Term of office) Section 44 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1) The mayor and deputy mayor elected under section 43 are to be elected for a period of 2 years and hold office from the date of issue of the certificate of election in respect of the election for that office until the date of issue of the next certificate of election in respect of the election for that office. 22Section 45 amended (Election of councillors) Section 45 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4) The Governor, on the recommendation of the Minister, may amend or substitute column 5 of Schedule 3 or substitute that Schedule in an order made under section 12 relating to councils to give effect to that order. 23Section 46 amended (Term of office of councillors) Section 46 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1) A councillor is to be elected for a period of 4 years and holds office from the date of issue of the certificate of election in respect of an election for that office until the date of issue of the next certificate of election in respect of an election for that office. (b) by inserting in subsection (2C) "or altering" after "determining"; (c) by omitting subsection (3) . 24Section 47A insertedAfter section 47 of the Principal Act, the following section is inserted in Part 5: 47AInterpretation of Part 5 In this Part, councillor includes a member. 25Section 48 amended (Declaration of interest) Section 48(1) of the Principal Act is amended by omitting "local committee, special committee, controlling authority" and substituting "special committee, controlling authority, single authority". 26Section 49 amended (Having an interest) Section 49 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "or have a reasonable expectation of receiving a direct or indirect pecuniary benefit or a direct or indirect pecuniary detriment" and substituting ", have an expectation of receiving or be likely to receive a pecuniary benefit or pecuniary detriment"; (b) by omitting subsection (2) . 27Section 50 repealed Section 50 of the Principal Act is repealed. 28Section 51 amended (Close associate) Section 51(g) of the Principal Act is amended by inserting "in relation to a matter being dealt with or to be dealt with by the council" after "services". 29Section 52 substituted Section 52 of the Principal Act is repealed and the following section is substituted: 52Non-application of Part (1) This Part does not apply to a councillor or a close associate who has any pecuniary interest in any matter if – (a) the benefit or detriment is one received in common with all or a substantial proportion of the electors or residents of the municipal area; or (b) the matter relates to an insurance or indemnity policy being considered by or taken out by the council to insure or indemnify councillors or their spouses or de facto spouses unless the matter relates to, or is a claim made by, the councillor; or (c) in relation to the consideration of an application or request for approval, authorisation, licence, permit, exemption or other right under this or any other Act, the extent of the interest of the councillor or close associate is no greater than that of any other member of the public; or (d) the matter relates to any expenses payable to councillors; or (e) the interest is a beneficial interest in shares of a company or other body where the total nominal value of those shares does not exceed whichever is the lesser of the following amounts: (i) an amount of $10 000; (ii) an amount which is 1% of the total nominal value of the issued share capital of the company or body. (2) This Part does not apply to a councillor or a close associate who has any pecuniary interest in any matter only because – (a) the matter involves – (i) expenditure from money belonging to, or held by, a council and the councillor contributes to the money as a ratepayer; or (ii) the making of rates and charges by a council or the fixing of fees by a council, single authority or joint authority; or (iii) the terms and conditions on which the right to participate in the supply of goods and services is offered to members of the public; or (b) the councillor or close associate is a person to whom goods or services are supplied in the same manner and subject to the same terms and conditions as apply to members of the public; or (c) the councillor or close associate provides services of a professional nature to another person who is the subject of, or is involved in, the matter; or (d) the councillor or close associate is a member of a body, club, union or other non-profit organisation if – (i) a personal benefit or detriment to the councillor or the spouse or de facto spouse of the councillor is not involved; and (ii) the councillor is not an office bearer of that body, club, union or organisation; or (e) the matter relates to planning and development issues that apply throughout the municipal area and do not result in any particular benefit or detriment to the councillor or close associate that is no greater than any member of the public; or (f) the councillor or close associate is an employee in the service of the Crown or of a body established under any Act for a public purpose; or (g) the councillor or close associate is a candidate for election as councillor, mayor or deputy mayor; or (h) the councillor or close associate is a member of a body appointed or nominated by a council. 30Section 55 amended (Pecuniary interest of employees) Section 55(1) of the Principal Act is amended by omitting "direct or indirect". 31Section 56 amended (Validity of decisions) Section 56 of the Principal Act is amended by omitting "local committee, special committee, controlling authority" and substituting "special committee, controlling authority, single authority". 32Section 58 amended (Petitions) Section 58 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (a) in subsection (1) : (ab) must contain a clear and concise statement identifying the matter; and (b) by inserting the following subsections after subsection (1) : (1A) A petition is not to be made in respect of any matter relating to rates and charges under Part 9 if those rates or charges have been made. (1B) The general manager is to determine whether or not a petition complies with this section. (c) by omitting from subsection (2) "at the next" and substituting "as soon as practicable at an"; (d) by inserting the following subsection after subsection (2) : (3) If the petition does not comply with this section, the general manager is to notify – (a) one of the proposers of the petition of the reasons for the non-compliance; and (b) the council at its next meeting of the matters contained in the petition and the reasons for its non-compliance. 33Section 59 amended (Public meetings and submissions) Section 59 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5) A council, on its own motion, may hold a public meeting to discuss any issue the council determines. 34Section 60 amended (Elector polls) Section 60 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections: (2) A petition is to contain a clear and concise statement referred to in section 58(1)(ab) identifying the matter as specified in that statement. (2A) An elector poll is to be held within 60 days after the receipt of the petition and be conducted by the council unless the petition specifies that it is to be held in conjunction with the next election. (2B) Any elector poll held in conjunction with the next election is to be conducted by the Chief Electoral Officer. 35Section 66 amended (Strategic plan) Section 66(2) of the Principal Act is amended by omitting "reviewed" and substituting "updated". 36Section 70 amended (Submissions on strategic plan) Section 70 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", or changes made to," after "in"; (b) by inserting in subsection (2)(a) "and changes" after "proposals"; (c) by inserting in subsection (2)(b) "and changes" after "proposals". 37Section 77 amended (Grants and benefits) Section 77(1) of the Principal Act is amended by inserting "that is not a legal entitlement" after "benefit". 38Section 82 amended (Estimates) Section 82 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5) A council may make adjustments to individual items within any estimate referred to in subsection (2) by a simple majority so long as the total amount of the estimate is not altered. 39Section 83 amended (Records) Section 83(a) of the Principal Act is amended by omitting ", local committees". 40Section 84 amended (Financial statements) Section 84 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1) Within 90 days after the end of a financial year, the general manager is to – (a) prepare financial statements for the council relating to that financial year; and (b) submit a copy of the statements to the Auditor-General as soon as practicable. (b) by omitting from subsection (2) "The financial report" and substituting "Any financial statement"; (c) by inserting in subsection (2)(a) "and any determination made by the Urgent Issues Group established by professional accounting bodies" after "Standards"; (d) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) specify any interests as notified to the general manager of any councillor in respect of any body or organisation with which the council has major financial dealings; and (e) by omitting from subsection (2)(d) "a local committee,"; (f) by inserting the following paragraph after paragraph (d) in subsection (2) : (da) contain a statement of the operating, capital and competitive neutrality costs in respect of each significant business activity undertaken by the council during that financial year; and (g) by omitting subsections (3) and (4) and substituting the following subsections: (3) The general manager is to certify that, in accordance with this Act and any other relevant Act, the financial statements fairly represent – (a) the financial position of the council; and (b) the results of the council’s operations; and (c) the cash flow of the council. (4) The general manager is to ensure that the certified financial statements are tabled at a meeting of the council as soon as practicable. (5) In this section – Australian Accounting Standards means Statements of Accounting Standards and Statements of Accounting Concepts issued by the Australian Accounting Research Foundation on behalf of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors; competitive neutrality costs means the costs required to be taken into account under the competitive neutrality principles. 41Section 85 amended (Audit) Section 85 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "reports" and substituting "statements"; (b) by omitting from subsection (2) "reports" and substituting "statements". 42Section 86 amended (Interpretation of Part 9) Section 86 of the Principal Act is amended as follows: (a) by omitting the definitions of assessed annual value and capital value and substituting the following definitions: assessed annual value means the assessed annual value as determined by the Valuer-General under the Land Valuation Act 1971 and adjusted under this Act; capital value means the capital value as determined by the Valuer-General under the Land Valuation Act 1971 and adjusted under this Act; Consumer Price Index figure means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth; (b) by omitting the definition of land value and substituting the following definition: land value means the land value as determined by the Valuer-General under the Land Valuation Act 1971 and adjusted under this Act; 43Section 87 amended (Exemption from rates) Section 87 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(b) "or part of land" after "land"; (b) by inserting in subsection (1)(d) "or part of land" after "land"; (c) by inserting in subsection (1)(e) "or part of land" after "land"; (d) by inserting in subsection (3) "or single authority" after "authority". 44Section 94 amended (Service charge) Section 94 of the Principal Act is amended by omitting subsection (2A) . 45Section 99 amended (Rebates and discount) Section 99 of the Principal Act is amended by omitting "repayable" and substituting "payable". 46Section 100 amended (Separate rate) Section 100 of the Principal Act is amended as follows: (a) by omitting subsection (3) and substituting the following subsection: (3) A separate rate is to apply for a period not exceeding – (a) 5 years; or (b) a prescribed period in respect of a prescribed purpose. (b) by inserting the following subsection after subsection (4) : (5) A council, by absolute majority, may declare that a separate rate varies within the part of the municipal area to which it relates by any factor the Minister determines. 47Section 105 substituted Section 105 of the Principal Act is repealed and the following section is substituted: 105Separate rate in subsequent year (1) The provisions of sections 101 , 102 , 103 and 104 do not apply if, in a financial year – (a) a council intends to make a separate rate for the same purpose in respect of the same land; and (b) any increase in that rate compared to the rate made in the previous financial year does not exceed any increase in the Consumer Price Index figure for that previous financial year. (2) If the assessed annual value, capital value or land value on which the separate rate is based is adjusted under this Act or adjusted as a result of a fresh valuation under the Land Valuation Act 1971 , a council may adjust the separate rate to take account of that adjustment. 48Section 108 amended (Notification of variation) Section 108 of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "calculated." and substituting "calculated; and"; (b) by inserting the following paragraph after paragraph (b) : (c) of the date on which the variation takes effect. 49Section 114 amended (Revocation of declaration) Section 114(1) of the Principal Act is amended by omitting paragraph (b) . 50Section 118 substituted Section 118 of the Principal Act is repealed and the following section is substituted: 118Notification of making rates The general manager, within 21 days after the council makes any rates and charges, is to – (a) notify that making together with a summary of the rates and charges made in a daily newspaper circulating in the municipal area; and (b) provide the Director with a copy of the resolution relating to that making. 51Section 124 amended (Instalment payments) Section 124(5) of the Principal Act is amended by omitting "due" second occurring and substituting "owing". 52Section 137 amended (Sale of land for unpaid rates) Section 137(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraphs: (ba) require any occupier of the land who is not the owner of the land to vacate the land; and (bb) do anything a mortgagee can do under the Land Titles Act 1980 in the case of default of payment of money owing under a mortgage; and 53Section 138 amended (Title vests in purchaser) Section 138(2) of the Principal Act is amended by inserting after paragraph (a) the following paragraphs: (ab) any caveat that if not removed would forbid the registration of the memorandum of transfer or execution of the indenture of conveyance; and (ac) any other encumbrances or interests; and 54Section 150 amended (Restrictions on making of by-laws) Section 150(1) of the Principal Act is amended as follows: (a) by inserting the following subparagraph after subparagraph (ii) in paragraph (c) : (iii) unless entry is in relation to an application by the owner or occupier for a licence, permit or other approval given by the council; or (b) by inserting the following paragraph after paragraph (d) : (da) restricts competition or has a significant impact on business unless the outcome is justified in the public interest; or 55Section 151 amended (Adoption of by-laws) Section 151 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: (2) The resolution adopting a by-law may – (a) provide for the repeal of any other by-law dealing with a matter provided for by the adopted by-law; or (b) make minor changes to the adopted by-law that are necessary to reflect the newly created municipal area. 56Section 152A insertedAfter section 152 of the Principal Act , the following section is inserted in Division 1: 152ARequirement to give name and address An employee of, or a person authorised by, a council may require a person to give his or her name and address if the employee or authorised person reasonably believes that the person is offending or has offended against a by-law. 57Section 155 substituted Section 155 of the Principal Act is repealed and the following section is substituted: 155Expiry of by-laws A by-law, whether later amended or not, expires 8 years after the date on which it takes effect unless it is expressed to expire sooner. 58Section 156A insertedAfter section 156 of the Principal Act , the following section is inserted in Division 2: 156ARegulatory impact statement (1) A council is to prepare a regulatory impact statement in respect of any by-law it intends to make other than a by-law the whole purpose of which is to repeal another by-law. (2) A regulatory impact statement is to include the following: (a) the objectives of the by-law; (b) the nature of any restriction on competition; (c) an assessment of the costs and benefits of – (i) any restriction on competition; or (ii) any impact on the conduct of business; (d) any alternative option considered by the council; (e) an assessment of the greatest net benefit or least net cost to the community; (f) an assessment of the direct and indirect economic, social and environmental impact of the by-law; (g) details of the public consultation process. (3) If a council assesses that a proposed by-law is unlikely to impact on business or restrict competition, it is to state in the regulatory impact statement the reasons for that assessment. (4) If a council assesses that a proposed by-law is likely to impact on business or restrict competition, it is to state in the regulatory impact statement whether or not the benefits of the impact or restriction outweigh the costs. (5) A council is to submit the regulatory impact statement to the Director. (6) On receipt of the regulatory impact statement, if satisfied as to the statement, the Director is to issue a certificate – (a) certifying that the statement and proposed by-law are satisfactory; and (b) stating that the council may commence the public consultation process. 59Section 157 amended (Notice of proposed by-law) Section 157 of the Principal Act is amended as follows: (a) by omitting from subsection (3)(a) "purposes and general effect" and substituting "objectives"; (b) by omitting from subsection (3)(b) "is" and substituting "and a copy of the regulatory impact statement prepared under section 156A in respect of the by-law are"; (c) by inserting in subsection (3)(c) "and a copy of the regulatory impact statement" after "by-law"; (d) by inserting in subsection (3)(d) "and the regulatory impact statement" after "by-law"; (e) by inserting in subsection (6) "and a copy of the regulatory impact statement" after "by-law". 60Section 158 amended (Proposed by-laws open to inspection and may be purchased) Section 158 of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "and the regulatory impact statement prepared under section 156A " after "by-law"; (b) by inserting in paragraph (b) "and the regulatory impact statement" after "by-law". 61Section 160 amended (Alterations to proposed by-law) Section 160 of the Principal Act is amended by omitting ", as a result of any submission,". 62Sections 161 and 162 substitutedSections 161 and 162 of the Principal Act are repealed and the following sections are substituted: 161Making by-laws A council may only make a by-law – (a) in the form determined by the Minister; and (b) under its common seal. 162Certification of by-law A by-law made by a council is to be – (a) certified by a qualified legal practitioner that its provisions are in accordance with the law; and (b) certified by the general manager of the council that it is made in accordance with this Act. 63Section 163 amended (By-law to Minister) Section 163 of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "3" and substituting "2"; (b) by omitting paragraph (c) and substituting the following paragraph: (c) a statement explaining the objectives of the by-law. 64Section 169 amended (Execution of works) Section 169(1)(a) of the Principal Act is amended by inserting "or agent" after "employee". 65Section 171 amended (Making of model by-laws) Section 171(2)(b) of the Principal Act is amended by inserting "together with the regulatory impact statement prepared under section 156A " after "Parliament". 66Section 177 amended (Sale and disposal of land) Section 177 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "donate," after "lease,"; (b) by omitting from subsection (2) "or exchanges" and substituting ", leases, donates, exchanges or otherwise disposes of". 67Section 178 amended (Sale, exchange and disposal of public land) Section 178 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "lease, donate," after "sell,"; (b) by inserting in subsection (4) "lease, donate," after "sell,"; (c) by inserting in subsection (4)(b) "lease, donation," after "sale,"; (d) by inserting in subsection (5) "lease, donate," after "sell,"; (e) by omitting subsection (8) and substituting the following subsection: (8) The Minister may – (a) reject the appeal and confirm the council’s decision; or (b) accept the appeal and prohibit the council from carrying out the decision. 68Section 198A insertedAfter section 198 of the Principal Act , the following section is inserted in Division 5: 198AOperation of private pounds (1) A person may apply to a council for a permit to operate a pound, on his or her own behalf or on behalf of the council, for the detention of stray animals. (2) The provisions of this Division apply to a person who operates a pound as if the person were a council. 69Section 199 amended (Interpretation of Division 6) Section 199 of the Principal Act is amended as follows: (a) by omitting "risk." from paragraph (d) of the definition of nuisance and substituting "risk; or"; (b) by inserting the following paragraph after paragraph (d) in the definition of nuisance : (e) constitutes an unsightly article or rubbish. 70Section 200 amended (Abatement notices) Section 200(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (e) "with; and" and substituting "with."; (b) by omitting paragraph (f) . 71Section 215 amended (Board of Inquiry) Section 215 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", single authority or joint authority" after "a council"; (b) by inserting in subsection (1)(a)(i) ", single authority or joint authority" after "council"; (c) by inserting in subsection (1)(a)(ii) ", single authority or joint authority" after "council"; (d) by inserting in subsection (2) ", single authority or joint authority" after "a council"; (e) by inserting in subsection (2)(a) ", single authority or joint authority" after "council". 72Section 215A insertedAfter section 215 of the Principal Act , the following section is inserted in Division 1: 215AOperation during investigation If the Minister establishes a Board of Inquiry to investigate a single authority or joint authority, the Minister may – (a) order the suspension of operations of the authority; or (b) suspend all the members of the board of management of the authority for a period not exceeding 6 months and appoint a person to carry out the functions and powers of the board of management. 73Section 219 amended (Submissions) Section 219 of the Principal Act is amended by inserting ", single authority or joint authority" after "council". 74Section 225 amended (Result of inquiry) Section 225 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) ", single authority or joint authority" after "council"; (b) by inserting in subsection (1)(b) ", single authority or joint authority" after "council"; (c) by inserting in subsection (2) ", single authority or joint authority" after "a council"; (d) by inserting in subsection (2)(a) ", single authority or joint authority" after "council"; (e) by inserting in subsection (2)(b) ", single authority or joint authority" after "council"; (f) by inserting in subsection (2)(c) ", single authority or joint authority" after "council"; (g) by inserting in subsection (2)(d) ", single authority or joint authority" after "council"; (h) by omitting from subsection (3) "the Minister may require the council" and substituting "single authority or joint authority, the Minister may require the council, single authority or joint authority"; (i) by inserting in subsection (3)(a) ", single authority or joint authority" after "council"; (j) by inserting in subsection (3)(b) ", single authority or joint authority" after "council". 75Section 226 amended (Dismissal of councillors) Section 226(1) of the Principal Act is amended by inserting "to a council" after "direction". 76Section 226A insertedAfter section 226 of the Principal Act , the following section is inserted in Division 1: 226AWinding-up of authority (1) Instead of making a direction to a single authority or joint authority under section 225(2) , the Minister may wind up a single authority or joint authority. (2) If the Minister winds up a single authority or joint authority, the Minister may – (a) dispose, or arrange the disposal, of any assets and liabilities of the authority; and (b) deal with any other matter arising out of the report of a Board of Inquiry. (3) A single authority or joint authority that is wound up under this section is liable to pay the costs incurred by a Board of Inquiry investigating the authority. 77Section 331E amended (Welfare trust fund) Section 331E of the Principal Act is amended by inserting after subsection (3) the following subsection: (4) This section expires on 31 December 1999. 78Section 333 amended (Management) Section 333(2) of the Principal Act is amended by inserting "responsible for the administration of the Tasmanian Museum Act 1950 " after "Minister". 79Section 336A insertedAfter section 336 of the Principal Act , the following section is inserted in Division 3: 336APublic Office A council, by notice in the Gazette, is to state the address and location of its public office. 80Section 337 substituted Section 337 of the Principal Act is repealed and the following section is substituted: 337Council certificate (1) A person may apply to a council for a certificate disclosing information that – (a) the council has on record in respect of any specified land; or (b) is required by any other Act to be included in the certificate. (2) An application is to be – (a) in a form approved by the Director; and (b) accompanied by the prescribed fee. (3) A council is to issue the certificate unless the land to which it relates is not sufficiently identified in the application. (4) A certificate relates only to information as at the date of issue of the certificate. (5) A certificate is to be in a form approved by the Director. (6) In addition to an application for a certificate, a person may request in writing that a council carry out an inspection of any specified land to obtain supplementary relevant information relating to that land. (7) If a council agrees to carry out the inspection, it may impose any reasonable charges and costs incurred in carrying out the inspection. 81Section 339 substituted Section 339 of the Principal Act is repealed and the following sections are substituted: 339Improper use of information (1) A councillor or a member must not make improper use of any information acquired as a councillor or member.