Local Government Amendment (Graffiti) Act 2002 (NSW)

An Act to amend the Local Government Act 1993 in relation to the powers of local councils with respect to the removal of graffiti.

1Name of Act

This Act is the Local Government Amendment (Graffiti) Act 2002.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 12 What information is publicly available?

Omit from section 12 (1):

•

the register of graffiti removal work kept in accordance with section 67A.

Insert instead:

•

the register of graffiti removal work kept in accordance with section 67C.

[2]Section 67 Private works

Insert “or 67B” after “section 67A” in section 67 (6).

[3]Chapter 6, Part 3, Division 4

Omit section 67A. Insert instead:

Division 4Graffiti removal work67AGraffiti removal work—by agreement with owner or occupier

A council may, by agreement with the owner or occupier of any private land, carry out graffiti removal work on the land.

67BGraffiti removal work—without agreement of owner or occupier(1)

A council may, without the agreement of the owner or occupier of any land, carry out graffiti removal work to property on that land if the graffiti concerned is visible from a public place.

(2)

The graffiti removal work referred to in subsection (1) may only be carried out from a public place.

(3)

The council concerned is to bear the cost of graffiti removal work referred to in subsection (1).

(4)

If a council carries out graffiti removal work in accordance with this section, the council must, within a reasonable period, give the owner or occupier of the land concerned written notice that the work has occurred.

(5)

A council must pay compensation for any damage caused by the council in carrying out graffiti removal work in accordance with this section.

Note—

Section 730 provides for the resolution of claims for compensation relating to damage under this section in cases of dispute between the person claiming the compensation and the council.

67CRegister of graffiti removal work(1)

The council must keep a register of graffiti removal work carried out in accordance with section 67A or 67B.

(2)

The register is to specify in respect of each incidence of graffiti removal work carried out:

• (a)

  the owner or occupier of the premises on which the graffiti was situated, and

• (b)

  the nature of the work carried out, and

• (c)

  the actual cost, or an estimate of the cost at current market rates, of carrying out the work, and

• (d)

  in the case of graffiti removal work carried out in accordance with section 67A—the actual amount charged by the council for carrying out the work.

[4]Section 356 Can a council financially assist others?

Omit “on private land” from section 356 (4).

Insert instead “work”.

[5]Section 356, note

Omit the note to section 356. Insert instead:

Note—

Sections 67A and 67B of the Act deal with graffiti removal work.

[6]Section 730 Compensation

Insert “67B (5),” before “128 or 198” in section 730 (1).

[7]Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of clause 1 (1):

Local Government Amendment (Graffiti) Act 2002

[8]Schedule 8

Insert at the end of the Schedule with appropriate Part and clause numbers:

PartProvision consequent on enactment of Local Government Amendment (Graffiti) Act 2002(1)

In this clause, amending Act means the Local Government Amendment (Graffiti) Act 2002.

(2)

A register of graffiti removal work kept in accordance with section 67A of the Act as in force immediately before the commencement of the amending Act is taken to be a register of graffiti removal work kept in accordance with section 67C of the Act as in force after that commencement.