Local Government (Further Amendment) Act 1972 (NSW)

LOCAL GOVERNMENT (FURTHER AMENDMENT)

ACT.
ANNO VICESIMO PRIMO

ELIZABETHE II REGINE

Act No. 6 4 , 1 9 7 2 .

An Act to make further provision with respect to the powers, authorities, duties and functions of councils and county councils; to confer a right of appeal on certain persons to the Local Government Appeals Tribunal; for these and other purposes to amend the Local Government Act, 1919, and the Conveyancing (Strata Titles) Act, 1961; to make provision relating to the transfer of persons to the service of the Manning River County Council; to validate certain matters; and for purposes

ember, 1972.] BE

connected therewith. [Assented to, 28th Nov
T > E 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: —

P A R T I.
PRELIMINARY.

1. This Act may be cited as the "Local Government (Further Amendment) Act, 1972".
(1) This Act (sections 5, 6, 7, 10, 11, 12 and 13 excepted) shall commence on the date of assent to this Act.
2.
(2 ) Sections 5, 6, 7 and 11 shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(3) Section 10 shall be deemed to have commenced on 1st September, 1972.
(4) Section 12 shall commence on the date of commencement of section 5.

(5) Section 13 shall commence on the date of commencement of section 6.
3. The Local Government Act, 1919, is in this Act referred to as the Principal Act.

4. This Act is divided as follows :—

P A R T I . — P R E L I M I N A R Y — s s . 1 - 4 .

P A R T I I . — A M E N D M E N T S OF A C T S — s s . 5 - 1 1 .

P A R T I I I .—SAVINGS, VALIDATIONS AND MISCEL
LANEOUS PROVISIONS—ss. 1 2 - 1 8 .

DIVISION 1.—Provisions respecting Part II—ss.

1 2 - 1 5 .

DIVISION 2.—Provisions respecting county councils—

ss. 1 6 - 1 8 .
PART II.

A M E N D M E N T S OF A C T S .

Part X of the Principal Act is amended by omitting from section 2 8 9 (m) the following words :—

5.
Any owner who has been served with a notice under this paragraph may within the time and in the manner prescribed by rules of court appeal to a district court judge having jurisdiction within the area against the direction given in the notice.

Such judge may determine whether the direction of the council is reasonable in all the circumstances of the case and whether it shall or shall not be carried out either in its entirety or with modifications, and may extend the time within which anything is to be done. The costs of the appeal shall be in the discretion of the judge.
If costs are awarded they may be recovered in like manner to costs awarded in a judgment of the district court.
The

The decision of such judge upon any such appeal shall be final, and shall be binding upon the council and the appellant, and for the purposes of this Act shall be deemed to be the final decision of the council.

and by inserting instead the following words :—

Any owner who has been served with a notice under this paragraph may, within one month after service of the notice upon him, appeal to the Tribunal against the direction given in the notice.
Where an appeal is made under this paragraph against a direction, a reference in Part X I I B to a decision of a council, howsoever expressed, includes a reference to that direction.
6. Part X I of the Principal Act is amended—

(a)

by omitting section 317B (4) and by inserting instead the following subsections :—

( 4 ) Where there is a sale under subsection ( 3 ) ,

the council—

(a)

if the proceeds of the sale exceed the expenses incurred by the council in relation

to the execution of the order and the sale—
(i) may deduct out of the proceeds an amount equal to those expenses; and
(ii) shall pay the surplus on demand to the owner; or

(b)

if the proceeds of the sale do not exceed those expenses—
(i) may retain the proceeds; and

(ii)

(ii) may recover the deficiency, if any, together with all costs in respect
thereof, from the owner as a debt in
any court of competent jurisdiction.

(4A) Where—

(a) the council demolishes the building or any part thereof but does not sell the materials under subsection ( 3 ) ; or
(b) the execution of the order does not involve any such demolition,
the council may recover all expenses incurred by it in relation to the execution of the order, together with all costs in respect thereof, from the owner as a debt in any court of competent jurisdiction.
(4B) Nothing in subsection (4) or (4A) affects the owner's right to recover any amount from any lessee or other person liable for the expenses of repairs.
(4c) A reference in subsection (4) or (4A) to costs is a reference to costs incurred by the council in seeking to recover the deficiency or expenses otherwise than by proceedings in a court, but nothing in this section prevents the council from receiving costs as between party and party in respect of those proceedings.

(b) by omitting section 317BA;

(c)

by omitting from the heading to Division 4B the word "escapes" and by inserting instead the word "precautions";
(d )

(d)

(i)

by omitting section 317D (1) and by inserting instead the following subsections :—

(1) The council, for the purpose of ensur ing that adequate provision is made in or in connection with a building for all or any of the following matters, namely—

(a)

the safety of persons in the building in the event of fire;
(b) the prevention of fire;
(c) the suppression of fire; and
(d) the prevention of the spread of fire,

may, by resolution—

(e)

direct that such works (whether in the nature of alterations or otherwise) as may be specified in the resolution be carried out; or

(f)

direct that such fire-fighting equipment as may be so specified be provided,
or give both such directions.
(1A) Without affecting the generality of subsection ( 1 ) , the council may, under sub section (1) ( e ) , direct that any or all of the following works be carried out in or in connection with the building, namely—

(a) that means of escape or egress be provided;
(b) that automatic sprinklers or drenchers be installed; and
(c) that provision be made for the protec tion from fire of means of escape or egress.

(ii)

(ii) by omitting from section 317D (2) the words "automatic sprinklers or drenchers" and by inserting instead the words "equipment or any part thereof";

(e)

(i)

by omitting from section 317E (a) the words "on a date mentioned in the notice (being not less than one month after the service thereof)";

(ii)

by inserting in section 317E (a) after the word "may" the words ", within one month after the service thereof,";

(iii)

by omitting from section 317E (C) the words "at a time to be specified in the notice (not being less than three months after the date of service of the not ice)" and by inserting instead the words "before the expiration of such period (being not less than two months) next follow ing the date of adoption as may be specified in the notice,";

(iv)

by inserting in section 317E (C) after the words "completed within such" the word "further";

(v)

by omitting section 317E (d) and by inserting instead the following paragraph :—

(d)

that equipment to be provided in accordance with the resolution, if adopted, shall be provided before the expiration of such period next follow

ing the adoption of the resolution as
may be specified in the notice;

(vi) by omitting from section 317E (e) the words "as from a date to be specified in the notice (not being less than one month after the date of service of the notice)" and by inserting instead the words "upon the expiration of such period next following the date of adoption as may be specified in the notice";
(f)

(f)

by omitting section 317F and by inserting instead the following section :—-
3 1 7 F . The owner of the building and any person who may be affected by a resolution of the council referred to in section 3 1 7 D (whether that person has been served with a notice or not) may, by himself or by any person on his behalf, object to the Tribunal against the resolution—

(a)

where a notice was served on him—within one month after the service thereof; or

(b)

where a notice was not served on him—• during the period when any other person upon whom a notice was served in relation to the resolution may so object.

(g)

by omitting from section 317G the words "Upon the date mentioned in the notice or on any date to which the consideration of the matter may be adjourned, the" and by inserting instead the word "The" ;

(h)

(i)

by omitting from section 317H the words "specified in the notice";

(ii)

by inserting in section 317H after the word "relates" the words "or may, if the resolution contains any direction referred to in sub section ( 2 ) of section 317D, extend the period upon the expiration of which the direction shall become operative";

(i) by inserting at the end of section 3 1 7 J the following
new subsections :—•

( 5 ) Any person who fails to comply with a
direction referred to in subsection ( 1 ) shall be
guilty of an offence under this Act.

Penalty: Five hundred dollars and. for each day the offence continues, a further fifty dollars.

( 6 )

(6) In the event of a failure to comply with a direction referred to in subsection ( 1 ) —

(a)

proceedings may be instituted for an offence arising under subsection (5) notwithstand ing that the council is exercising or has exercised all or any of its powers under subsections ( 2 ) , (3 ) and (4) in relation to the failure; or

(b)

the council may exercise all or any of those powers in relation to the failure notwith standing that proceedings have been instituted for such an offence.
(7) Section 632 does not apply to a failure to
comply with a direction referred to in subsection

( 1 ) . '

(j) ( i ) by omitting from section 319 (1 ) the
following paragraph : —

(d)

generally for carrying into effect the purposes of the ordinance.

and by inserting instead the following
paragraphs :—

(e)

for the classification of buildings or portions of buildings according to the purpose or purposes for which they are intended or apparently intended to be used or by reference to any other

matters;
(f) for the issue by the council of certificates of classification of buildings and for the revocation or amendment of any such certificates;
(g) for the conditions under which build ings or portions of buildings of one
classification
classification may be adapted for use as buildings or portions of buildings of another classification;

(h) for the establishment of fire zones in an area;
( i ) for the application of special provisions in respect of the erection of buildings in a fire zone;

(j) for enabling or requiring the sub mission to the council of certificates of or reports by competent persons or bodies in respect of aspects of build ing design, or the use in or in connection with buildings of particular materials or combinations of materials, or forms or methods of construction of buildings;
(k) generally for carrying into effect the purposes of the ordinance.
(ii) by omitting section 319 (2) and by inserting instead the following subsection :—
(2) Any such ordinance may adopt wholly or partially or by reference any codes, rules, specifications or provisions which relate to any matter with which the ordinance deals and which are—

(a) recommended or adopted by the Standards Association of Australia;
(b) recommended or adopted by—
(i) the American Society for Testing Materials, the British Standards Institution or the International Organization for Standardization; or

(ii)

(ii) any other standards organisa tion or body of any place out side Australia, being an organisation or body declared by the Minister by order published in the Gazette to be an approved standards organis ation or body for the purposes of this subsection;

(c) included in any document issued by any Department of the Crown in right of this or any other State or the Commonwealth or issued by any instrumentality of this or any other State or the Commonwealth consti tuted by an Act of the Parliament
thereof; or

(d)

approved by the Minister and
published in the Gazette.

Part XXIII of the Principal Act is amended by inserting at the end of section 510 the following new subsections :—

7.

(3) A person who is aggrieved by any decision of the
council (whether the decision relates to a direction given by

the council or otherwise) in the exercise or performance of

its powers, authorities, duties or functions under subsection	( 1 ) , or under any ordinance relating thereto, may appeal to
the Tribunal against the decision of the council.
(4) Where the council gives a written notice to a person of any decision from which an appeal lies under subsection ( 3 ) , the notice shall indicate that he has a right of appeal under this Act.

8. Part X X I X of the Principal Act is amended by inserting in section 564 (3) after the words "noxious plants" the words ", or to the construction, extension, protection, maintenance, control and management of works for the supply of electricity, the supply of electricity and the supply and installing of electrical fittings and appliances".
9 . Part X X X of the Principal Act is amended—

(a)

by omitting section 577 (1) (c) and by inserting instead the following paragraph : —

(c)

be laid before each House of Parliament within fourteen sitting days of that House after the date of publication.

(b ) by omitting section 577 (2 ) and by inserting instead the following subsections :—
(2) If either House of Parliament passes a resolution, of which notice has been given within fifteen sitting days of that House after an ordinance has been laid before it, disallowing the ordinance or any part thereof, the ordinance or part thereupon ceases to have effect.
(2A) For the purposes of subsections (1 ) and ( 2 ) , sitting days shall be counted, whether or not they occur during the same session.

10. The Conveyancing (Strata Titles) Act, 1961, is
amended—

(a)

by omitting from section 20 (3) the words "Land and Valuation Court in accordance with the provisions of section 342N of the Local Government Act, 1919, as amended by subsequent Acts, and

i the
the provisions of that section shall extend mutatis mutandis to and in respect of such appeal" and by inserting instead the words "Local Government Appeals Tribunal constituted under Part X I I B of the Local Government Act, 1919";

(b) by omitting from section 20 (5) the words "Land and Valuation Court" and by inserting instead the words "Tribunal referred to in subsection ( 3 ) " .

11. The Conveyancing (Strata Titles) Act, 1961, is further amended by inserting next after section 20 (2) the following new subsections : —

(2A) The local council to which an application for the issue of the certificate referred to in subsection (2) is made shall cause notice of its decision on the application to be given to the applicant.
(2B) Where the local council refuses to grant an application for the issue of the certificate referred to in subsection ( 2 ) , the reasons for the local council's decision shall be indicated in the notice given under subsection (2A) , which shall also indicate that the appli cant has a right of appeal under this section against the decision of the local council.

P A R T III.

SAVINGS, VALIDATIONS AND MISCELLANEOUS PROVISIONS.

DIVISION 1.—Provisions respecting Part II.
12. (1) In this section, "appeal" means appeal under

section 289 (m) of the Principal Act.

(2) An appeal made before the commencement of this section shall, whether or not the hearing of the appeal has commenced, be heard and dealt with in all respects as if this Act had not been enacted.

(3)
(3) For the purposes only of hearing and dealing with an appeal as referred to in subsection ( 2 ) , the provisions of section 289 (m) of the Principal Act, as in force immediately before the commencement of section 5, relating to any such appeal shall continue in force notwithstanding any other provisions of this Act.
(4) The decision of the District Court judge on any appeal referred to in subsection (2) shall have the same force and effect as it would have had if this Act had not been enacted.
(5) Where an appeal had not been made before the commencement of this section but could, but for the enactment of this Act, have been made, immediately after that commencement, to a District Court judge—

(a) the appeal may be made to the Local Government Appeals Tribunal under the provisions of the Principal Act, as amended by section 5 ; and
(b) section 289 (m) of that Act, as so amended, shall, for the purposes only of so making the appeal, be deemed to be amended by omitting the words "one month" and by inserting instead the words "sixty days".
13. (1) The provisions of section 317B of the Principal

Act shall continue to apply to and in respect of an order in force under that section immediately before the commence

by section 6 (a) had not been made.

ment of section 6 in all respects as if the amendments made

(2) The provisions of Division 4B of Part XI of the Principal Act shall continue to apply to and in respect of any resolution in force under that Division immediately before the commencement of section 6, whether or not the resolution was adopted under that Division, in all respects as if the amendments made to that Division by section 6 had not been made.

14. (1) In this section, "appeal" means appeal under section 20 of the Conveyancing (Strata Titles) Act, 1961.

(2) Section 11 of the Local Government (Appeals) Amendment Act, 1971, applies, and shall be deemed to have applied, to and in respect of an appeal, other than an appeal referred to in subsection (3) or ( 4 ) , as if section 10 of this Act had been enacted as part of that Act.

(3) Where, after the commencement of the Local Government (Appeals) Amendment Act, 1971, but before the commencement of this section, the Land and Valuation Court purported to give a decision in an appeal, the decision shall be, and shall be deemed to have been, as valid and effectual as if that Act and this Act had not been enacted.

(4) Where, after the commencement of the Local Government (Appeals) Amendment Act, 1971, but before the commencement of this section, an appeal, being an appeal pending at the commencement of this section, was made to, or was commenced or continued to be heard by, the Land and Valuation Court, the making or hearing of the appeal shall be, and shall be deemed to have been, as valid and effectual as if that Act and this Act had not been enacted.

(1) In this section, "appeal" means appeal referred

to in section 14 ( 4 ) .

(2) An appeal shall—

(a)

if the hearing of the appeal has commenced, continue to be heard and dealt with in all respects as if the Local Government (Appeals) Amendment Act, 1971, and this Act had not been enacted; or

(b)

if the hearing of the appeal has not commenced, be deemed to be an appeal made to the Local Government Appeals Tribunal.
( 3 )

(3 ) For the purposes only of continuing to hear and deal with an appeal as referred to in subsection (2) ( a ) , the provisions of section 20 of the Conveyancing (Strata Titles) Act, 1961, and the Principal Act, as respectively in force immediately before the commencement of the Local Govern ment (Appeals) Amendment Act, 1971, shall be deemed to have continued and to continue in force notwithstanding any provision of the Local Government (Appeals) Amendment Act, 1971, or any other provision of this Act.

(4 ) The decision of the Land and Valuation Court on any appeal referred to in subsection (2) (a) shall have the same force and effect as it would have had if the Local Government (Appeals) Amendment Act, 1971, and this Act had not been enacted.
(5) The Registrar of the Land and Valuation Court shall, as soon as practicable after the commencement of this section, forward to the Local Government Appeals Tribunal all documents held by him and relating to any appeal referred

to in subsection (2) ( b ) .

DIVISION 2.—Provisions respecting county councils.
16. (1 ) A proclamation which purported to be made

under the Principal Act, as in force when the proclamation was made, and which was published before the commencement of this section, and by which any power or duty purported to be delegated to a county council, shall be deemed to have been
and to be valid and effectual notwithstanding that a request
for the delegation was not made, under and in accordance with
section 564 (2) of that Act, by a majority of the constituent councils and notwithstanding any defect in the proclamation.
(2) Where, before the commencement of the Local

Government (Amendment) Act, 1959—

(a)

the boundaries of a county district were altered by adding thereto any area or part of an area, the provisions of section 564 (3A) of the Principal Act

shall

shall be deemed to have applied to and in respect of the council of the county district, and shall be deemed to have so applied—
(i) as if those provisions had been in force at the time of the alteration of the boundaries; and
(ii) as if a reference in those provisions to the date specified in the proclamation altering the boundaries of the county district were a reference to the date specified in that proclamation or a subsequent proclamation relating to that alteration as the date from which the council of the county district purported to be substituted for the council of that area, or, where no such date was so specified, to the date on which that alteration took effect;

(b) two or more county districts were united, the provisions of section 564 (3B) of the Principal Act shall be deemed to have applied to and in respect of the council of the united county district, and shall be deemed to have so applied—
(i)   as if those provisions had been in force at the time of the union;
(ii)   as if those provisions had been amended by omitting the words "under this Par t" ; and
(iii)   as if a reference in those provisions to the

date specified in the proclamation uniting the county districts were a reference to the
date on which the union took effect; and

(c)

the boundaries of a county district were altered by excluding therefrom the whole or part of a constituent area without at the same time adding it to another county district, the provisions of section 564 (3c) of the Principal Act shall be deemed to have applied to and in respect of the
council
council of the county district and the council of the constituent area, and shall be deemed to have so applied as if those provisions had been in force at the time of the alteration of the boundaries.

(3) Where, after the commencement of the Local Government (Amendment) Act, 1959, and before the commencement of this section, a date was not specified in a proclamation referred to in section 564 (3A) or (3B) of the Principal Act as the date as on and from which the functions, powers and duties referred to therein shall be deemed to be delegated thereunder—

(a)

the proclamation shall be deemed to have been and to be valid and effectual notwithstanding that such a date was not so specified;

(b)

the date on which the alteration of boundaries or the union of county districts, as the case may be, took effect shall be deemed to have been specified in the proclamation as the date as on and from which those functions, powers and duties shall be deemed to be delegated; and

(c)

section 564 (3A) or (3B) of the Principal Act, as the case may be, shall be deemed to have operated accordingly.
(4) A person is not guilty of an offence arising by
virtue of any act, matter or thing done or omitted to be done
before the commencement of this section, being an offence of

which he would not be guilty if this section had not been enacted. (5) Nothing in subsection (2) applies to or in respect
of the alteration of the boundaries of the Prospect County District and the Central West County District in so far as those boundaries were altered by the proclamations referred to in section 8 (2) (b) (iii) of the Local Government (Amendment) Act, 1959.

(6 )

(6 ) Without affecting the generality of the operation of subsection ( 2 ) , that subsection applies to and in respect of the alteration of the boundaries of the Upper Hunter County District effected by the proclamation published in Gazette No. 165 of 13th December, 1957, with respect to that county district.

(1) In this section—
"constituent councils" means the Councils of the Municipalities of Taree and Wingham and of the Shire of Manning;
"the County Council" means the Manning River County
Council;
"the County District" means the Manning River County
District;
"the relevant period" means the period commencing on 24th December, 1965, and ending on 31st December, 1971.
(2 ) Subject to subsection ( 3 ) —

(a) any act, matter or thing that was, during the relevant period—
(i) done by a constituent council in connection with the works of water supply in the County District or the supply of water in the County District, and would have been lawful if done by the County Council, and would, but for
this subsection, have been unlawful, is
validated, and shall be deemed to have been
done by the County Council; or
(ii) suffered by a constituent council in connection with the works of water supply in the County District or the supply of water in the County District shall be deemed to have been suffered by the County Council; and
(b)

(b) without affecting the generality of paragraph ( a ) —
(i) all moneys and liquidated and unliquidated claims which immediately before the commencement of this section were payable to or recoverable by the constituent council in connection with the act, matter or thing shall respectively be moneys and liquidated and unliquidated claims payable to or recoverable by the County Council;
(ii) all proceedings pending immediately before the commencement of this section at the suit of the constituent council in connection with the act, matter or thing shall be proceedings pending at the suit of the County Council; and

(hi) all liquidated and unliquidated claims in connection with the act, matter or thing and for which the constituent council would, but for this section, have been liable shall be liquidated and unliquidated claims for which the County Council shall be liable.

(3) Any rates, charges and fees purporting to be made and levied by a constituent council during the relevant period in connection with the supply of water shall be deemed to have been—
(a) validly made by the County Council; and

(b) validly levied by the constituent council in pursuance

Act.
of a requirement under section 572 of the Principal

(4) The transfer before the commencement of this section to the County Council of any assets belonging to or held by a constituent council as at 31st December, 1971, in connection with works of water supply or the supply of water is validated.

( 5 )

(5) Any charges purporting to be made by the County Council and imposed by it on a constituent council during the relevant period in connection with works of water supply or the supply of water shall be deemed to have been validly made and validly imposed, and any amount owing by the constituent council in respect of those charges at the commencement of this section shall be payable to the County Council forthwith after that commencement and recoverable by it as a debt in a court of competent jurisdiction.

(1) In this section—
"constituent councils" means the Councils of the Municipalities of Taree and Wingham and of the Shire of Manning;
"the County Council" means the Manning River
County Council;
"the transferring proclamation" means the proclamation published in Gazette No. 11 of 28th January, 1966, in respect of the County Council, under the Local Government Act, 1919, as in force on that date.

(2) Any person who, immediately before 1st March, 1966, was a servant of a constituent council shall be deemed to have continued on and after that day as a servant of the constituent council in all respects as if the transferring proclamation had never taken effect.

( 3 ) Each constituent council shall confer with the

County Council and—

(a)

agree as to whether or not any of the persons who, at the commencement of this section, are servants of the constituent council and who, immediately before that commencement, were, whether wholly, principally or partly, employed in or in connection with works of water supply or the supply of water should be transferred to the service of the County Council; and
(b)

(b)

if they agree that any persons should be so transferred, shall agree upon an arrangement as to which of those persons so employed should be so transferred.

(4) In the event of any failure to agree under subsection (3) within one month after the commencement of this section or within such further period as the Minister may allow, the Minister may determine the question and, where appropriate, make an arrangement as to which persons should be transferred to the service of the County Council.
(5) An arrangement under this section shall be

embodied in a proclamation.
(6) On the date specified in that behalf in the
proclamation embodying an arrangement under this section—

(a)

each of the persons included in the arrangement shall be transferred to the service of the County Council from the service of the constituent council to which the arrangement relates; and

(b)

the provisions of section 564B (1) (m) of the Principal Act shall apply to and in respect of each of those persons, the County Council and the constituent council as if the transfer had been effected by the operation of section 564B (1) (m) (i) (a) thereof and as if a reference in section 564B (1) (m) thereof to the date of delegation were a reference to the date so specified in the proclamation.

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Local Government (Further Amendment) Act 1972 (NSW)

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(a)	the council demolishes the building or any part thereof but does not sell the materials under subsection ( 3 ) ; or
(b)	the execution of the order does not involve any such demolition,

(b) by omitting section 317BA;
(c)	by omitting from the heading to Division 4B the word "escapes" and by inserting instead the word "precautions";

(d)	(i)	by omitting section 317D (1) and by inserting instead the following subsections :—
(1) The council, for the purpose of ensur ing that adequate provision is made in or in connection with a building for all or any of the following matters, namely—

(e)	direct that such works (whether in the nature of alterations or otherwise) as may be specified in the resolution be carried out; or
(f)	direct that such fire-fighting equipment as may be so specified be provided,

(a)	that means of escape or egress be provided;
(b)	that automatic sprinklers or drenchers be installed; and
(c)	that provision be made for the protec tion from fire of means of escape or egress.

(e)	(i)	by omitting from section 317E (a) the words "on a date mentioned in the notice (being not less than one month after the service thereof)";
(ii)	by inserting in section 317E (a) after the word "may" the words ", within one month after the service thereof,";
(iii)	by omitting from section 317E (C) the words "at a time to be specified in the notice (not being less than three months after the date of service of the not ice)" and by inserting instead the words "before the expiration of such period (being not less than two months) next follow ing the date of adoption as may be specified in the notice,";
(iv)	by inserting in section 317E (C) after the words "completed within such" the word "further";
(v)	by omitting section 317E (d) and by inserting instead the following paragraph :—

(d)	that equipment to be provided in accordance with the resolution, if adopted, shall be provided before the expiration of such period next follow
ing the adoption of the resolution as
may be specified in the notice;

(a)	where a notice was served on him—within one month after the service thereof; or
(b)	where a notice was not served on him—• during the period when any other person upon whom a notice was served in relation to the resolution may so object.

(i)	by inserting at the end of section 3 1 7 J the following
new subsections :—•
( 5 ) Any person who fails to comply with a direction referred to in subsection ( 1 ) shall be guilty of an offence under this Act.
Penalty: Five hundred dollars and. for each day the offence continues, a further fifty dollars.

(a)	proceedings may be instituted for an offence arising under subsection (5) notwithstand ing that the council is exercising or has exercised all or any of its powers under subsections ( 2 ) , (3 ) and (4) in relation to the failure; or
(b)	the council may exercise all or any of those powers in relation to the failure notwith standing that proceedings have been instituted for such an offence.

(e)	for the classification of buildings or portions of buildings according to the purpose or purposes for which they are intended or apparently intended to be used or by reference to any other
matters;
(f)	for the issue by the council of certificates of classification of buildings and for the revocation or amendment of any such certificates;
(g)	for the conditions under which build ings or portions of buildings of one

(j)	for enabling or requiring the sub mission to the council of certificates of or reports by competent persons or bodies in respect of aspects of build ing design, or the use in or in connection with buildings of particular materials or combinations of materials, or forms or methods of construction of buildings;
(k)	generally for carrying into effect the purposes of the ordinance.

(a)	the appeal may be made to the Local Government Appeals Tribunal under the provisions of the Principal Act, as amended by section 5 ; and
(b)	section 289 (m) of that Act, as so amended, shall, for the purposes only of so making the appeal, be deemed to be amended by omitting the words "one month" and by inserting instead the words "sixty days".

(2) An appeal shall—
(a)	if the hearing of the appeal has commenced, continue to be heard and dealt with in all respects as if the Local Government (Appeals) Amendment Act, 1971, and this Act had not been enacted; or
(b)	if the hearing of the appeal has not commenced, be deemed to be an appeal made to the Local Government Appeals Tribunal.

to in subsection (2)	( b ) .
DIVISION 2.—Provisions respecting county	councils.

(a)	the proclamation shall be deemed to have been and to be valid and effectual notwithstanding that such a date was not so specified;
(b)	the date on which the alteration of boundaries or the union of county districts, as the case may be, took effect shall be deemed to have been specified in the proclamation as the date as on and from which those functions, powers and duties shall be deemed to be delegated; and
(c)	section 564 (3A) or (3B) of the Principal Act, as the case may be, shall be deemed to have operated accordingly.

(a)	each of the persons included in the arrangement shall be transferred to the service of the County Council from the service of the constituent council to which the arrangement relates; and
(b)	the provisions of section 564B (1) (m) of the Principal Act shall apply to and in respect of each of those persons, the County Council and the constituent council as if the transfer had been effected by the operation of section 564B (1) (m) (i) (a) thereof and as if a reference in section 564B (1) (m) thereof to the date of delegation were a reference to the date so specified in the proclamation.
STATE