Local Government Amendment Act 2019 (NSW)

Note—

Amending Acts and amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

An Act to amend the Local Government Act 1993 with respect to rates, tendering requirements, election planning, mutual recognition of approvals and other regulatory matters; and for other purposes.

1Name of Act

This Act is the Local Government Amendment Act 2019.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by subsection (2).

(2)

Schedule 1 [4], [15]–[20] and Schedule 2.2 commence on a day or days to be appointed by proclamation.

Schedule 1Amendment of Local Government Act 1993 No 30[1]–[14]

(Repealed)

[15]Section 379 Delegation of regulatory functions

Insert at the end of section 379 (1) (d)—

•

, or

(e)

another council.

[16]Section 379 (2B)–(2D)

Insert after section 379 (2A)—

(2B)

A council may delegate a regulatory function to another council only with the approval, by resolution, of the other council.

(2C)

The regulations may prescribe regulatory functions that must not be delegated by a council to another council under this section or limit the circumstances in which a regulatory function may be delegated by a council to another council under this section.

(2D)

A council may delegate a regulatory function to a joint organisation under a provision of this section whether or not the council is a member council of the joint organisation.

[17]Section 379 (3) (c)

Insert “a committee of the board of the joint organisation or” before “the executive officer” where firstly occurring.

[18]Section 379 (3) (d)

Insert at the end of section 379 (3) (c)—

•

, or

(d)

a regulatory function is delegated to another council, the function may be delegated to—

• (i)

  a committee of the other council of which all the members are councillors or of which all the members are either councillors or employees of the other council, or

• (ii)

  the general manager of the other council and by the general manager to an employee of the other council.

[19]Chapter 15, Part 10, Division 5

Insert after Division 4 of Part 10 of Chapter 15—

Division 5Exemption from regulatory requirements for fees612Regulations may exempt certain fees from regulatory requirements(1)

Regulations may be made for or with respect to exempting fees that are charged by a council in connection with a commercial activity specified by the regulations from all or any of the requirements of this Act relating to public notification of council fees or the determination of fees in accordance with a pricing methodology.

(2)

An exemption made by or under the regulations for the purposes of this section may be unconditional or subject to conditions.

(3)

A regulation made under this section may validate a fee that was charged by a council before the making of the regulation if the fee would, if charged after the regulation commenced, have been validly imposed.

[20], [21]

(Repealed)

sch 1: Am 1987 (No 15), sec 30C.

Schedule 2

(Repealed)

sch 2: Rep 1987 (No 15), sec 30C.

Historical notesTable of amending instruments

Local Government Amendment Act 2019 No 6. Assented to 25.6.2019. Date of commencement, Schs 1 [4] and [15]–[20] and 2.2 excepted, assent, sec 2 (1); date of commencement of Schs 1 [4] and [20] and 2.2, 5.9.2025, sec 2(2) and 2025 (472) LW 5.9.2025; date of commencement of Sch 1[15]–[19]: not in force.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sch 1	Am 1987 (No 15), sec 30C.
Sch 2	Rep 1987 (No 15), sec 30C.