Local Government (General) Amendment (Caretaker Period Restrictions) Regulation 2012 (NSW)

2012 No 266

New South Wales

Local Government (General)

Amendment (Caretaker Period

Restrictions) Regulation 2012

under the

Local Government Act 1993

The Administrator, with the advice of the Executive Council, has made the following

Regulation under the Local Government Act 1993.

DON PAGE, MP

Minister for Local Government

Explanatory note
The object of this Regulation is to provide that councils must not exercise certain functions
during the period of 4 weeks preceding an ordinary election.
This Regulation is made under the Local Government Act 1993, including section 748 (the
general regulation-making power) and item 14A (relating to caretaker provisions) of

Schedule 6.

Published LW 22 June 2012	Page 1
2012 No 266	Local Government (General) Amendment (Caretaker Period Restrictions)
Clause 1	Regulation 2012

Local Government (General) Amendment (Caretaker

Period Restrictions) Regulation 2012

under the

Local Government Act 1993

1      Name of Regulation

This Regulation is the Local Government (General) Amendment
(Caretaker Period Restrictions) Regulation 2012.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

Local Government (General) Amendment (Caretaker Period Restrictions)	2012 No 266
Regulation 2012
Amendment of Local Government (General) Regulation 2005	Schedule 1
Schedule 1	Amendment of Local Government (General) Regulation 2005

Clause 393B

Insert after clause 393A:

393B	Exercise of council functions during caretaker period
(1) The following functions of a council must not be exercised by the council, or the general manager or any other delegate of the council (other than a Joint Regional Planning Panel or the Central Sydney Planning Committee), during a caretaker period:

(a)

entering a contract or undertaking involving the expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council’s revenue from rates in the preceding financial year (whichever is the larger),

(b)

determining a controversial development application,
except where:

(i)	a failure to make such a determination would give rise to a deemed refusal under section 82 of the Environmental Planning and Assessment Act 1979, or
(ii)	such a deemed refusal arose before the commencement of the caretaker period,

(c)

the appointment or reappointment of a person as the council’s general manager (or the removal of a person from that position), other than:

(i)	an appointment of a person to act as general manager under section 336 (1) of the Act, or
(ii)	a temporary appointment of a person as general manager under section 351 (1) of the Act.

(2)

Despite subclause (1), such a function may be exercised in a
particular case with the consent of the Minister.

(3)

In this clause:
caretaker period means the period of 4 weeks preceding the date
of an ordinary election.
controversial development application means a development
application under the Environmental Planning and Assessment

2012 No 266	Local Government (General) Amendment (Caretaker Period Restrictions) Regulation 2012
Schedule 1	Amendment of Local Government (General) Regulation 2005

Act 1979 for which at least 25 persons have made submissions under section 79 (5) of that Act by way of objection.

Note. See also Division 9A (Provisions relating to activities during regulated periods) of this Part for controls on certain activities during the regulated period before elections.