Local Government (General) Amendment (Transfer of Functions) Regulation 2007 (NSW)

2007 No 497

New South Wales

Local Government (General)

Amendment (Transfer of Functions)

Regulation 2007

under the

Local Government Act 1993

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.

FRANK SARTOR, M.P.,

Minister for Planning

Explanatory note
The object of this Regulation is to amend the Local Government (General) Regulation 2005 as a consequence of the commencement of certain provisions of the Local Government and Environmental Planning and Assessment Amendment (Transfer of Functions) Act 2001. The provisions concerned remove the need for approvals under the Local Government Act 1993 for the installation of temporary structures on land and the use of buildings and temporary structures as places of public entertainment.

This Regulation is made under the Local Government Act 1993, including section 748 (the general regulation-making power).

Published in Gazette No 132 of 28 September 2007, page 7371	Page 1
2007 No 497	Local Government (General) Amendment (Transfer of Functions)
Clause 1	Regulation 2007

Local Government (General) Amendment (Transfer of

Functions) Regulation 2007

under the

Local Government Act 1993

1      Name of Regulation

This Regulation is the Local Government (General) Amendment
(Transfer of Functions) Regulation 2007.

2      Commencement

This Regulation commences on 26 October 2007.

3 Amendment of Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005 is amended as set out in Schedule 1.

Local Government (General) Amendment (Transfer of Functions)	2007 No 497
Regulation 2007
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 3 Definitions

Omit the definitions of Building Code of Australia and class from clause 3
(1).

[2]      Clause 3 (2) and (3)

Omit the subclauses.

[3]      Part 2, Division 2

Omit the Division.

[4]      Clause 69 Adoption of Building Code of Australia

Insert at the end of the clause:

(2)

In this clause:
Building Code of Australia has the same meaning as it has in the
Environmental Planning and Assessment Act 1979.

(3)

For the purposes of this clause:

(a)	a reference in the Building Code of Australia to the appropriate authority is a reference to the relevant authority exercising approval powers under the Act, and
(b)	the reference in the Building Code of Australia in the definition of Certificate of Accreditation to a State or Territory accreditation authority is a reference to the Director-General when exercising his or her functions under Division 5 of Part 1 of Chapter 7 (sections 120–123B) of the Act.

[5]      Clause 81 Local approvals policies—standards

Omit “8,” from clause 81 (1).

[6]      Clause 83 Relevant standards for places of shared accommodation

Insert “under the Building Code of Australia (within the meaning of the
Environmental Planning and Assessment Act 1979)” after “buildings”.

[7]      Schedule 1 Standards relating to approvals

Omit “10, 12,” from the matter appearing under the heading to the Schedule.

2007 No 497	Local Government (General) Amendment (Transfer of Functions) Regulation 2007
Schedule 1	Amendments

[8]      Schedule 1, Part 1

Omit the Part.

BY AUTHORITY