Local Government (General) Regulation 2021 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Sec 333M(2) of this Regulation (sec 333M(2) repeals sec 333M on 1.9.2028 at the end of the day)

Sch 9A, sec 17 of this Regulation (Sch 9A, sec 17 repeals Sch 9A, Part 4 on 1.9.2025)

Water Industry Competition Amendment Act 2021 No 26 (amended by Statute Law (Miscellaneous Provisions) Act 2022 No 26) (not commenced)

Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025 (474), Sch 1 [7] and [8] (not commenced — to commence on 1.1.2026)

See also—

Local Government Amendment (Elections) Bill 2025

Part 1Preliminary1Name of Regulation

This Regulation is the Local Government (General) Regulation 2021.

2Commencement

This Regulation commences on 1 September 2021.

Note.

This Regulation replaces the Local Government (General) Regulation 2005, which is repealed on 1 September 2021 by section 10(2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

approval, for Part 2, Division 7—see section 81A.

AS 5200.000—2006 means AS 5200.000—2006, Technical specification for plumbing and drainage products, Part 000: Procedures for certification of plumbing and drainage products, published by Standards Australia.

building includes a proposed building.

Category 1 business activity has the same meaning as in the Pricing and Costing Guidelines.

Category 2 business activity has the same meaning as in the Pricing and Costing Guidelines.

environmentally sensitive area includes—

  • (a)

    land or an area listed in the definition of environmentally sensitive area in Part 4 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000, and

  • (b)

    any land or area—

    • (i)

      within 100 metres of a natural waterbody, wetland or coastal dune field, or

    • (ii)

      with a high watertable, or

    • (iii)

      with highly permeable soils or acid sulphate, sodic or saline soils, or

    • (iv)

      within a drinking water catchment, or

    • (v)

      within the water catchment area of an estuary where the entrance to the sea is intermittently open.

house drain means that part of the sewerage service that conveys (or is intended to convey) the discharges from soil pipes and waste pipes on premises.

house service pipe means such part of a water service pipe as is not a property service pipe.

inspector means an employee of the council who is an authorised person for the purposes of exercising the functions of an inspector under this Regulation.

interceptor trap or boundary trap means a trap for preventing the passage of air or gases from the sewer to the house drain, being a trap located at some point between the sewer and the lowest inlet of the house drain.

licensed contractor, in relation to carrying out water supply, sewerage or drainage work, means the holder of a contractor licence in force under the Home Building Act 1989 that authorises the holder to carry out that work.

Liquid Trade Waste Management Guidelines means the Guidelines of that name produced by the Department of Planning, Industry and Environment in 2021, as in force from time to time.

Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under the Aboriginal Land Rights Act 1983.

New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under the Aboriginal Land Rights Act 1983.

pan means any moveable receptacle kept in a closet and used for the reception of human waste.

penalty notice means a notice served under section 679 of the Act.

Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.

Pricing and Costing Guidelines means the document entitled Pricing & Costing for Council Businesses—A Guide to Competitive Neutrality originally issued by the Department of Local Government in July 1997, as in force from time to time.

principles of competitive neutrality has the same meaning as in the Pricing and Costing Guidelines.

property service pipe means such part of a water service pipe as lies between the service main and the water meter or, if there is no water meter, the boundary of the premises served by the service pipe.

public sewer means a sewer operated by a council or a county council, a water supply authority (within the meaning of the Water Management Act 2000), a State owned corporation specified in Schedule 1 or 5 to the State Owned Corporations Act 1989 (or a subsidiary of such a corporation) or any other public or local authority.

qualified supervisor, in relation to the carrying out of water supply, sewerage or drainage work, means the holder of an endorsed contractor licence or supervisor certificate in force under the Home Building Act 1989 authorising the holder to carry out or to supervise that work.

recognised approval, for Part 2, Division 7—see section 81A.

recognition certificate, for Part 2, Division 7—see section 81A.

related effluent application area, in relation to a sewage management facility, means the area of land (if any)—

  • (a)

    where it is intended to dispose of the effluent and any by-products of sewage from the facility, or

  • (b)

    to which the effluent and by-products are intended to be applied.

relevant activity, for Part 2, Division 7—see section 81A.

rural and remote council means a council designated in Part 13, Division 15 as a rural and remote council.

Secretary means the Secretary of the Department of Planning, Industry and Environment.

septic tank means a fixed receptacle of watertight material used in connection with the storage or bacterial treatment of sewage.

service main means a water main or a sewer main.

sewage includes any effluent of the kind referred to in paragraph (a) of the definition of waste in the Dictionary to the Act.

sewage management facility means—

  • (a)

    a human waste storage facility, or

  • (b)

    a waste treatment device intended to process sewage,

and includes a drain connected to such a facility or device.

sewage of a domestic nature includes human faecal matter and urine and waste water associated with ordinary kitchen, laundry and ablution activities of a household, but does not include waste in or from a sewage management facility.

sewer main means a sewer main forming part of the council’s sewerage system, and—

  • (a)

    includes risers or junctions provided by the council to enable a sewerage service to be connected to the main, and

  • (b)

    if the main is located outside premises that are to be served—includes risers and the sewers and fittings connecting the main to the premises, but only up to the boundary of the premises or, if a boundary trap or interceptor trap is installed, up to the trap.

sewerage service, in relation to premises—

  • (a)

    means the pipes, fittings or fixtures used or intended to be used in connection with the premises for the purpose of conveying sewage or permitted discharges from the premises to the council’s sewerage system, and

  • (b)

    if a septic tank is installed on the premises and connects or is intended to connect (directly or indirectly) with the council’s sewerage system—includes a septic tank (other than a septic tank intended to discharge to a related effluent application area), an effluent tank or a sullage tank.

soil pipe means any pipe that conveys the discharge from human waste storage facilities, or from operating theatres or morgues, to the house drains.

the Act means the Local Government Act 1993.

trade waste means all liquid waste other than sewage of a domestic nature.

trap means any fitting designed to retain a quantity of water to prevent the passage of air or gases through such fitting.

waste pipe means any pipe that conveys discharges to a house drain from fixtures (other than human waste storage facilities) or operating theatres or morgues.

water main means a water main forming part of the council’s water supply system, and, if premises are or are to be connected to the main, includes water pipes and fittings connecting the main to the premises to the point within the premises at which the water meter is or is to be installed.

water service pipe means a pipe that connects premises to a water main.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(4)

Notes included in this Regulation do not form part of this Regulation.

s 3: Am 2025 (228), Sch 1[1]; 2025 (475), Sch 1[1].

4Application of Regulation

Except as elsewhere provided in this Regulation, this Regulation—

  • (a)

    applies to those parts of the State that are constituted as areas for the purposes of the Act, and

  • (b)

    applies to county councils in the same way as it applies to councils.

Note.

The application of this Regulation to joint organisations is dealt with in section 397A.

Part 2ApprovalsDivision 1Preliminary5Exclusion of certain matters

This Part does not apply to—

  • (a)

    the installation of manufactured homes, moveable dwellings or associated structures on land, or

  • (b)

    the operation of manufactured home estates, caravan parks or camping grounds.

Note.

The operation of manufactured home estates and the installation of manufactured homes in manufactured home estates, and the operation of caravan parks and camping grounds and the installation of moveable dwellings (including manufactured homes) both in caravan parks and camping grounds and elsewhere, are governed by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

Division 3Approvals relating to water supply, sewerage and stormwater drainage workSubdivision 1Applications for approvals13Standards and requirements to be met for approval

The council must not approve an application for an approval allowing water supply, sewerage or stormwater drainage work to be carried out unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation.

14Installation of water meters

A council may require an application for an approval relating to the installation of a water meter to be accompanied by a completed water meter identification form provided by the council for the purpose.

15Matters to be considered when determining applications for water supply, sewerage and stormwater drainage approvals(1)

This section applies to the following activities—

  • (a)

    carrying out water supply work,

  • (b)

    drawing water from the council water supply or a standpipe,

  • (c)

    installing, altering, disconnecting or removing a water meter connected to a service pipe,

  • (d)

    carrying out sewerage work,

  • (e)

    carrying out stormwater drainage work.

(2)

In determining an application for the purposes of section 68 of the Act for an approval to do any of the activities to which this section applies, the council must have regard to the following considerations—

  • (a)

    the protection and promotion of public health,

  • (b)

    the protection of the environment,

  • (c)

    the safety of its employees,

  • (d)

    the safeguarding of its assets,

  • (e)

    any other matter that it considers to be relevant in the circumstances.

Subdivision 2Conditions of approvals16Approvals for stormwater drainage work to be subject to a condition requiring compliance with standards and requirements

It is a condition of an approval allowing stormwater drainage work that—

  • (a)

    the activity approved, and

  • (b)

    any building or work associated or carried out in connection with the activity,

complies with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation or any other regulation under the Act or the Environmental Planning and Assessment Act 1979.

16AApprovals for water supply or sewerage work subject to compliance with Plumbing and Drainage Act 2011, standards and requirements

It is a condition of an approval allowing water supply or sewerage work that the activity approved, and any building or work associated or carried out in connection with the activity, complies with—

  • (a)

    any applicable requirements of the Plumbing and Drainage Act 2011 or the regulations made under that Act, and

  • (b)

    any applicable standards or requirements set out or referred to in this Regulation or any other regulation under the Act or the Environmental Planning and Assessment Act 1979.

17Discretionary conditions for carrying out water supply work

The council may, in giving an approval to carry out water supply work, impose either or both of the following conditions—

  • (a)

    a condition that requires the work to be carried out within such time as the council considers reasonable,

  • (b)

    a condition that requires a qualified supervisor to attend at the place at which the work is carried out at such times as the council directs.

18Connection to water or sewerage mains(1)

It is a condition of an approval for an activity that involves the connection of water service pipes or property service pipes to a water main or the connection of drains to a sewer main that the connection must—

  • (a)

    comply with any operating requirements notified by the council, and

  • (b)

    be carried out—

    • (i)

      by a person authorised by the council, or

    • (ii)

      by or under the control of a council officer.

(2)

The council may, as a condition of approving the connection to a water or sewer main, require that the connection must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.

19Cutting into sewer main(1)

It is a condition of an approval for an activity that involves the cutting of a junction into a sewer main that the cutting of the junction must—

  • (a)

    comply with any operating requirements notified by the council, and

  • (b)

    be carried out by a qualified supervisor acting under the supervision and in accordance with the directions of the council.

(2)

The council may, as a condition of an approval for a junction to be cut into a sewer main, direct that the work must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.

(3)

The council may, as a condition of an approval for a junction to be cut into a sewer main, require the work to be carried out by the council for a specified charge if the council has decided that the work should be carried out by the council.

20Person carrying out water supply, sewerage or stormwater drainage work to hold permit(1)

It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a person must not begin carrying out the activity approved unless the person is the holder of a permit issued in accordance with the Plumbing Code of Australia.

(2)

This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

21Inspection and certification of water supply, sewerage and stormwater drainage work

An approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act is subject to the following conditions—

  • (a)

    a person must not put into use a soil, waste or house drain pipe, or cover up or conceal from view an underground or enclosed water supply, sewerage or stormwater drainage work or put into use such a work, until the work has been inspected and certified—

    • (i)

      by the council or a suitably qualified person determined by the council, or

    • (ii)

      if the work is of a type for which the approval of the Minister for Water, Property and Housing is required under section 60 of the Act—in accordance with subparagraph (i) or, if that Minister has specifically authorised inspection and certification by another suitably qualified person, by that person,

    as having been constructed in accordance with the Act and this Regulation,

  • (b)

    any such inspection and certification must be carried out in accordance with the Plumbing Code of Australia and the requirements of the council,

  • (c)

    a person undertaking the construction of a water supply, sewerage or stormwater drainage work must provide every reasonable facility and all necessary information to enable inspection of the work for the purposes of paragraph (a),

  • (d)

    in particular, such a person must, if required to do so by a person carrying out an inspection for the purposes of paragraph (a), produce the plan (if any) of the work for that person to look at,

  • (e)

    a person carrying out water supply, sewerage or stormwater drainage work must immediately rectify to the satisfaction of the council any defect revealed by an inspection under paragraph (a).

22Defective water supply, sewerage or stormwater drainage work to be rectified(1)

It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a licensed contractor who carries out the activity approved must, if ordered to do so by the council, rectify any defect in the work that is due to faulty workmanship or defective material, but only if the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979.

(2)

A licensed contractor so notified must bear the cost of rectifying the defect.

(3)

This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

23Diagrams of sewerage or stormwater drainage work(1)

It is a condition of an approval referred to in item 4 or 5 of Part B of the Table to section 68 of the Act that, if the activity approved is carried out on private premises, the person who carries out the activity must provide to the council a diagram of any drains installed in accordance with the approval.

(2)

Such a diagram must show—

  • (a)

    the level of the drains in relation to the sewer main junction and the finished ground level, and

  • (b)

    the distances from the drains to the nearest boundaries of, and buildings on, the premises.

(3)

This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Subdivision 3Exemption24Approval not required for the drawing of water by council employees

An employee of a council acting in the course of his or her employment may draw water from a water supply system or standpipe without the prior approval of the council.

Division 4Approvals relating to management of wasteSubdivision 1Applications for approvals25Matters to accompany applications relating to discharge into sewers

An application for approval to discharge trade waste into a sewer under the control of a council or that connects with such a sewer must be accompanied by the information required by Table 1 to the Liquid Trade Waste Management Guidelines.

26Matters to accompany applications for approval to install or construct sewage management facilities(1)

An application for approval to install or construct a sewage management facility on any premises must be accompanied by the documents specified in this section.

(2)

The application must be accompanied by a plan, to scale, showing the location of—

  • (a)

    the sewage management facility proposed to be installed or constructed on the premises, and

  • (b)

    any related effluent application areas, and

  • (c)

    any buildings or facilities existing on, and any environmentally sensitive areas of, any land located within 100 metres of the sewage management facility or related effluent application areas, and

  • (d)

    any related drainage lines or pipework (whether natural or constructed).

(3)

The application must be accompanied by full specifications of the sewage management facility proposed to be installed or constructed on the premises concerned.

(4)

The application must be accompanied by details of the climate, geology, hydrogeology, topography, soil composition and vegetation of any related effluent application areas together with an assessment of the site in the light of those details.

(5)

The application must be accompanied by a statement of—

  • (a)

    the number of persons residing, or probable number of persons to reside, on the premises, and

  • (b)

    such other factors as are relevant to the capacity of the proposed sewage management facility.

(6)

The application must be accompanied by details of—

  • (a)

    the operation and maintenance requirements for the proposed sewage management facility, and

  • (b)

    the proposed operation, maintenance and servicing arrangements intended to meet those requirements, and

  • (c)

    the action to be taken in the event of a breakdown in, or other interference with, its operation.

(7)

This section does not apply to an application for approval to install or construct a sewage management facility on any premises if the applicant declares in the application that the facility will remain on the premises for no more than 12 months.

Note.

The information that is to accompany such applications (and applications for approval to alter a sewage management facility) is to be determined by the council in each particular case. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such applications fall) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.

Subdivision 2Determination of applications for approvals27Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road

In determining an application for approval to place on a road a building waste storage container, the council is to take into consideration any requirements or guidelines relating to the location, size and visibility of building waste storage containers that are notified to the council from time to time by Transport for NSW.

28Approval to discharge waste into sewers: concurrence required

A council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Secretary (or the Secretary’s nominee) has concurred with the approval.

Note.

Section 90(2) of the Act permits any person or authority whose concurrence is required before an approval may be granted to give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).

29Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities(1)

In determining an application for approval to install, construct or alter a sewage management facility, the council must take into consideration the matters specified in this section.

(2)

The council must consider whether the proposed sewage management facility (or the proposed sewage management facility as altered) and any related effluent application area will make appropriate provision for the following—

  • (a)

    preventing the spread of disease by micro-organisms,

  • (b)

    preventing the spread of foul odours,

  • (c)

    preventing contamination of water,

  • (d)

    preventing degradation of soil and vegetation,

  • (e)

    discouraging insects and vermin,

  • (f)

    ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

  • (g)

    the re-use of resources (including nutrients, organic matter and water),

  • (h)

    the minimisation of any adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.

(3)

The council must consider any matter specified in guidelines or directions issued by the Secretary in relation to the matters referred to in subsection (2).

30Standards to be met for approval

The council must not grant an application for an approval to install, construct or alter a waste treatment device or sewage management facility unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

Subdivision 3Conditions of approvals31Compliance with standards(1)

It is a condition of an approval referred to in item 4 of Part C of the Table to section 68 of the Act (Dispose of waste into a sewer of the council) that—

  • (a)

    the activity approved, and

  • (b)

    any building or work associated or carried out in connection with the activity,

complies with any applicable standards established by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

(2)

It is a condition of an approval referred to in item 5 of Part C of the Table to section 68 of the Act (Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility) that—

  • (a)

    the activity approved, and

  • (b)

    any building or work associated or carried out in connection with the activity,

complies with any applicable standards established by this Regulation or by or under the Act.

32Disposal of trade waste(1)

An approval to dispose of trade waste into a sewer of the council is subject to such conditions (if any) as the council specifies in the approval.

(2)

In imposing any such conditions, the council is to have regard to the matter set out in Table 5 to the Liquid Trade Waste Management Guidelines.

33Waste treatment devices(1)

It is a condition of an approval to install, construct or alter a mechanical device that treats waste by compaction, shredding or other means that this section is complied with.

(2)

An occupier of premises on which waste is deposited must comply with any directions given by the council from time to time as to the use of the device.

(3)

The waste treatment device and any part of the premises on which it is situated that is used in connection with the device must be maintained in a sanitary condition.

34Use of sewage management facilities

It is a condition of an approval to install, construct or alter a sewage management facility that the facility is not used (or used as altered) until the council has given the applicant for approval notice in writing that it is satisfied that the facility has been installed, constructed or altered in substantial accordance with the approval.

35Position of closets

The council may, as a condition of an approval to install, construct or alter a human waste storage facility, require the alteration of its design and proposed position, having regard to its effect on the amenity of the locality.

Subdivision 4Performance standards36Sewage management facilities generally

A sewage management facility—

  • (a)

    must be made of durable and non-corrosive components, each having an expected service life of at least—

    • (i)

      5 years, in the case of a mechanical or electrical component, and

    • (ii)

      15 years, in any other case, and

  • (b)

    must be installed or constructed—

    • (i)

      in accordance with the appropriate specifications and in accordance with good trade practice, and

    • (ii)

      so as to allow ease of access for maintenance, and

    • (iii)

      with regard to the health and safety of users, operators and persons maintaining the facility, and

  • (c)

    must be installed or constructed so as to make appropriate provision for access to and removal of contents in a safe and sanitary manner, and

  • (d)

    must, if it is intended to be a permanent fixture, be anchored to prevent movement.

37Closets for certain toilet systems(1)

A human waste storage facility must not be installed in any part of a building unless that part of the building complies with the following requirements—

  • (a)

    it is adequately ventilated to the outside air,

  • (b)

    the walls and roof are of weatherproof material,

  • (c)

    the floor is of material that is impervious to water and is drained.

(2)

The part of the building in which a human waste storage facility (other than a water closet) is permanently installed must be designed and located so as to allow human waste to be removed without being carried through any dwelling-house or public building or any building in which any person may be, or may be intended to be, employed in any manufacture, trade or business.

38Cesspits(1)

A cesspit—

  • (a)

    must be deep, dark and fly-proof, and

  • (b)

    must be constructed and maintained so as to prevent both the access of surface waters to it and the escape of matter from it, and

  • (c)

    must not be located where it can possibly pollute any water used or likely to be used for human consumption or for any domestic or dairy purposes, and

  • (d)

    must not be located where the normal level of the ground water is less than one metre below the bottom of the cesspit.

(2)

If a cesspit is emptied, its contents must be disposed of in a sanitary manner and in accordance with any requirements of the council.

39Mechanical waste treatment devices(1)

A bag used for the retention of waste in a mechanical device that treats waste by compaction, shredding or other means must be of a kind approved by the council.

(2)

Treated waste kept on premises after treatment other than wholly within the device is to be deposited in a receptacle of a kind approved by the council.

Subdivision 5Accreditation of sewage management facilities40Application of Subdivision(1)

This Subdivision applies to such models of the following sewage management facilities as are generally available for purchase by retail—

  • (a)

    wet composting closets,

  • (b)

    waterless composting closets,

  • (c)

    septic closets,

  • (d)

    septic tanks,

  • (e)

    holding tanks and collection wells used for the receipt and storage of effluent (other than those intended to be emptied after each use, such as chamber pots),

  • (f)

    waste treatment devices designed to comminute or macerate and discharge sewage to a sewerage system,

  • (g)

    waste treatment devices that receive and treat sewage before discharging effluent to a common effluent drainage scheme,

  • (h)

    waste treatment devices that treat sewage using a specific process to produce biosolids and disinfected effluent to a standard suitable, either separately or in combination, for recycling by surface or sub-surface irrigation or by internal or external household use,

  • (i)

    any other kind of sewage management facility specified in a notice published in the Gazette by the Secretary for the purposes of this section.

(2)

However, this Subdivision does not apply—

  • (a)

    to a sewage management facility intended to treat—

    • (i)

      sewage of a non-domestic nature, or

    • (ii)

      sewage from premises normally occupied by more than 10 persons, or

    • (iii)

      an average daily flow of sewage exceeding 2,000 litres, or

  • (b)

    to the part of a sewage management facility that consists of a drain connected to the facility, or

  • (c)

    to any other component of a sewage management facility that is specified in a notice published in the Gazette by the Secretary of the Ministry of Health for the purposes of this section.

41Facilities to be accredited(1)

The council must not approve the installation or construction of a sewage management facility to which this Subdivision applies unless the council is satisfied that the facility is to be installed or constructed to a design or plan that is the subject of a certificate of accreditation from the Secretary of the Ministry of Health, being a certificate that is in force.

(2)

Subsection (1) does not apply to or in respect of a sewage management facility—

  • (a)

    that is to be installed or constructed as a model for the purposes of testing, or

  • (b)

    that is designed, and is to be constructed, by the owner or occupier of the premises on which it is to be installed, or

  • (c)

    that is designed, by a person other than the owner or occupier of the premises on which it is to be installed, specifically and uniquely for those premises.

Subdivision 6Approval required to operate system of sewage managementNote.

This Regulation does not prescribe the matters that are to accompany an application for approval to operate a system of sewage management. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such an application falls) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.

42Meaning of “operate a system of sewage management”(1)

In this Subdivision, operate a system of sewage management means hold or process, or re-use or otherwise dispose of, sewage or by-products of sewage (whether or not the sewage is generated on the premises on which the system of sewage management is operated).

(2)

Without limiting subsection (1), operate a system of sewage management includes the following—

  • (a)

    use artificial wetlands, transpiration mounds, trenches, vegetation and the like in related effluent application areas,

  • (b)

    hold or process sewage that is to be subsequently discharged into a public sewer.

(3)

However, operate a system of sewage management does not include any of the following—

  • (a)

    any action relating to the discharge of sewage directly into a public sewer,

  • (b)

    any action relating to sewage or by-products of sewage after their discharge into a public sewer.

43Matters to be taken into consideration in determining applications for approval to operate system of sewage management

In determining an application for approval to operate a system of sewage management, the council must consider any matter specified in guidelines or directions issued by the Secretary in relation to the environment and health protection matters referred to in section 29(2).

Subdivision 7Operation of system of sewage management44Performance standards for operation of system of sewage management(1)

A system of sewage management must be operated in a manner that achieves the following performance standards—

  • (a)

    the prevention of the spread of disease by micro-organisms,

  • (b)

    the prevention of the spread of foul odours,

  • (c)

    the prevention of contamination of water,

  • (d)

    the prevention of degradation of soil and vegetation,

  • (e)

    the discouragement of insects and vermin,

  • (f)

    ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

  • (g)

    the minimisation of any adverse impacts on the amenity of the premises and surrounding lands,

  • (h)

    if appropriate, provision for the re-use of resources (including nutrients, organic matter and water).

(2)

Failure to comply with subsection (1) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person operating the system of sewage management (such as a fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action).

(3)

A system of sewage management must be operated—

  • (a)

    in accordance with the relevant operating specifications and procedures (if any) for the sewage management facilities used for the purpose, and

  • (b)

    so as to allow the removal of any treated sewage (and any by-product of any sewage) in a safe and sanitary manner.

45Further condition of approval in relation to operation of system of sewage management(1)

It is a condition of an approval to operate a system of sewage management that this section is complied with.

(2)

The sewage management facilities used in the operation of the system must be maintained in a sanitary condition and must be operated in accordance with the relevant requirements of this Regulation.

(3)

A sewage management facility used in the operation of the system must not discharge into any watercourse or onto any land other than its related effluent application area.

(4)

The conditions (if any) of any certificate of accreditation issued by the Secretary of the Ministry of Health under this Subdivision in respect of the plans or designs for any components of the sewage management facilities must be complied with.

(5)

The person operating the system of sewage management must provide details of the way in which it is operated, and evidence of compliance with the relevant requirements of this Regulation and of the conditions of the approval, whenever the council reasonably requires the person to do so.

46Approval to operate system of sewage management extends to concurrent owners and occupiers

If an owner or occupier of land is the holder of an approval to operate a system of sewage management on the land (being an approval that is in force), any other owner or occupier of that land may operate the system of sewage management (without obtaining a further approval) in accordance with the conditions of the approval.

47Temporary exemption for purchaser of land(1)

Despite the other provisions of this Regulation, a person who purchases (or otherwise acquires) land on which any sewage management facilities are installed or constructed may operate a system of sewage management without the approval required under section 68 of the Act for the period of 3 months after the date on which the land is transferred or otherwise conveyed to the person (whether or not an approval is in force, as at that date, in relation to the operation of a system of sewage management on that land).

(2)

Further, if the person duly applies, within the period of 2 months after the date on which the land is transferred or otherwise conveyed to the person, for approval to operate the system of sewage management concerned, the person may continue to operate that system of sewage management without approval until the application is finally determined.

Subdivision 8Exemptions48Activities for which approval is not required

The following activities may be carried out without the prior approval of the council subject to such conditions as are specified—

  • (a)Transport waste

    The transporting of waste over or under a public place for fee or reward if—

    • (i)

      the activity is licensed under the Protection of the Environment Operations Act 1997, or

    • (ii)

      the activity is being carried out in the Sydney metropolitan area as defined in Part 3 (Interpretative provisions) of Schedule 1 to that Act, or

    • (iii)

      the waste is being transported through the area of the council and is not being collected or deposited in that area.

    Note.

    A person who transports waste for fee or reward in circumstances that do not require a pollution control licence issued by the Environment Protection Authority must comply with the relevant requirements of the regulations made under the Protection of the Environment Operations Act 1997.

  • (b)Place waste in a public place

    The placing of waste in a public place, if it is done in accordance with arrangements instituted by the council.

  • (c)Discharge of domestic sewage into sewer

    The discharge of sewage of a domestic nature into a sewer of the council, if it is done in accordance with arrangements instituted by the council.

  • (d)Dispose of effluent into sewer

    The disposal of septic tank effluent into a sewer of the council, if the premises are within a Common Effluent Drainage District declared by the council.

  • (e)Install, construct or alter a waste treatment device

    The installation, construction or alteration of a waste treatment device, if that installation, construction or alteration is done—

    • (i)

      under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or

    • (ii)

      in a vessel used for navigation, or

    • (iii)

      in a motor vehicle that is registered within the meaning of the Road Transport Act 2013 and is used primarily for road transport.

  • (f)Operate a system of sewage management

    So much of the operation of a system of sewage management as is limited to an action carried out—

    • (i)

      under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or

    • (ii)

      in a vessel used for navigation, or

    • (iii)

      in a motor vehicle that is registered within the meaning of the Road Transport Act 2013 and is used primarily for road transport.

  • (g)Activities authorised by approval or licence under Water Industry Competition Act 2006

    An activity referred to in the Act, section 68, Table, Part B or C if it is carried out under the authority of an approval or licence in force under the Water Industry Competition Act 2006.

s 48: Am 2024 (46), Sch 1[1].

Division 5Approvals relating to activities on community land and public roads and other activities
Subdivision 1Community land49Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances

A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the council if it is done in accordance with a notice erected on the land by the council or if it is done in the circumstances specified, in relation to the setting up, operation or use (as the case may be), in Part 1 of the local approvals policy applying to the land.

Subdivision 2Public roads50Matters for consideration by council in determining whether to approve applications relating to public roads

In determining an application for an approval under Part E of the Table to section 68 of the Act the council must take into account—

  • (a)

    the provisions of the Roads Act 1993, and

  • (b)

    any relevant standards and policies of public authorities applying to the use of the road.

51Compliance with standards—approvals relating to public roads

It is a condition of an approval referred to in Part E of the Table to section 68 of the Act that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

Subdivision 3Public car parks52Matters to accompany applications relating to the operation of a public car park

An application to operate a public car park must be accompanied by the following—

  • (a)

    3 copies of a plan that sufficiently identifies the land concerned and the streets to which the land has frontage and, if the car park comprises the whole or part of a building, describes the building, its location on the site and any other purpose for which it is to be used,

  • (b)

    details of the number of vehicles proposed to be accommodated in the car park and the manner in which this is to be done,

  • (c)

    details of the means or proposed means of entry to or exit from the car park and as to the method of movement within the car park,

  • (d)

    details of the off-street parking facilities available for the temporary accommodation of vehicles awaiting access to the car park,

  • (e)

    details of ventilation to be provided if it is a building,

  • (f)

    details of any petrol or oil or any motor service facilities to be provided in the car park,

  • (g)

    details of the proposed hours of operation of the car park and as to the method or proposed method of receiving the fee or charge and the location or proposed location of any facility for receiving the fee or charge.

53Matters to be taken into consideration by council in determining whether to approve the operation of a public car park

In determining an application for approval to operate a public car park the council is to take the following matters into consideration—

  • (a)

    the views of Transport for NSW about the application,

  • (b)

    the effect of the car park on the movement of vehicular traffic and pedestrian traffic,

  • (c)

    whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,

  • (d)

    whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,

  • (e)

    whether there will be adequate provision for pedestrian safety and access for people with disabilities,

  • (f)

    whether the internal design of parking facilities and system of traffic management are satisfactory,

  • (g)

    whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,

  • (h)

    the Work Health and Safety Act 2011, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,

  • (i)

    whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.

54Standards to be met for approval

The council must not grant an application for an approval to operate a public car park unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

55Compliance with standards

It is a condition of an approval to operate a public car park that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

56Number of vehicles

The council may, as a condition of an approval to operate a public car park, specify the maximum number of vehicles that may be parked at any one time.

57Entries, exits and driveways(1)

Vehicles must not enter and leave a public car park through the one driveway. Vehicles must not enter or leave a public car park except through the entrance or exit openings provided.

(2)

Entrances, exits and driveways are to be provided and arranged, maintained and operated so as to facilitate the orderly entrance and exit of vehicles.

(3)

Exits must not be blocked by gates and other obstacles while the car park is open to the public.

58Surfaces

All traffic ramps, parking spaces, entrances, exits, driveways and holding areas are to be surfaced with material approved by the council.

59Fencing

Land used as a public car park must be fenced to a height determined by the council and with materials approved by the council.

60Lighting

A public car park is, while open to the public, to be lit to the satisfaction of the council.

61Vehicles

A vehicle is not to be permitted to park in a public car park unless any petrol tank on the vehicle is fitted with a turn cap or seal that is kept closed except when opened for the purpose of refuelling.

62Fire extinguishers

A public car park must be provided with a sufficient number of fire extinguishers. The fire extinguishers must be emptied and recharged every 6 months.

63Speed limit

Notices must be displayed in a public car park directing that vehicles are to be driven at a speed not greater than 8 kilometres per hour.

64Obstruction of roads

A public road must not be used for the purpose of holding or marshalling vehicles in connection with a public car park.

65Concurrence required for operation of public car park

The council must not grant an application for approval to operate a public car park except with the concurrence of Transport for NSW, given having regard to its functions under the road transport legislation (within the meaning of the Road Transport Act 2013) and the Roads Act 1993. Transport for NSW may give concurrence subject to conditions.

66Approval for operation of public car park not required in certain circumstances(1)

A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.

(2)

In this section, development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

Subdivision 4Domestic oil or solid fuel heating appliances67Standards to be met for approval

The council must not grant an application for an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

68Compliance with standards

It is a condition of an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by or under the Act.

69Adoption of Building Code of Australia(1)

All matters relating to the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance) are to be governed by the applicable provisions of the Building Code of Australia.

(2)

In this section—

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 section—

  • (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 Secretary when exercising his or her functions under Division 5 of Part 1 of Chapter 7 (sections 120–123B) of the Act.

70Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances

A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved under Part 6 of the Environmental Planning and Assessment Act 1979.

Subdivision 5Amusement devices71Activities for which approval is not required

Amusement devices not required to be registered under the Work Health and Safety Regulation 2017 may be installed or operated without the prior approval of the council.

Note.

See the Work Health and Safety Regulation 2017, Schedule 5, Part 2 for items of plant that are required to be registered.

72Standards to be met for approval

The council must not grant an application for an approval to install or operate an amusement device unless it is satisfied—

  • (a)

    that the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and

  • (b)

    that the device is registered under the Work Health and Safety Regulation 2017, and

  • (c)

    that the device is to be or has been erected in accordance with all conditions (if any) relating to its erection set out in the current certificate of registration issued for the device under that Regulation, and

  • (d)

    that there exists for the device a current log book as referred to in that Regulation, Chapter 5, Part 5.2, Division 4, Subdivision 2, and

  • (e)

    that there is in force a contract of insurance or indemnity for the device that complies with section 74.

73Compliance with standards

It is a condition of an approval to install or operate an amusement device, that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with the following standards—

  • (a)

    the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason,

  • (b)

    the device is registered under the Work Health and Safety Regulation 2017,

  • (c)

    all conditions (if any) subject to which the device is so registered and all relevant requirements of that Regulation are complied with,

  • (d)

    the device is installed (including erected) and operated in a safe manner.

74Insurance

It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.

75Approval for installation or operation of small amusement devices not required in certain circumstances(1)

In this section, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under and includes such amusement devices as mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute.

(2)

A small amusement device may be installed or operated without the prior approval of the council if—

  • (a)

    the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and

  • (b)

    the device is registered under the Work Health and Safety Regulation 2017, and

  • (c)

    the device—

    • (i)

      is to be or has been erected, and

    • (ii)

      it to be or is being operated,

    in accordance with all conditions (if any) relating to its erection or operation set out in the current certificate of registration issued for the device under that Regulation, and

  • (d)

    there exists for the device a current log book as referred to in that Regulation, Chapter 5, Part 5.2, Division 4, Subdivision 2, and

  • (e)

    in the case of a device that is to be or is installed in a building, fire egress is not obstructed, and

  • (f)

    there is in force a contract of insurance or indemnity for the device that complies with section 74.

Subdivision 6Domestic greywater diversion75AApproval required for domestic greywater diversion(1)

For the purposes of item 10 of Part F of the Table to section 68 of the Act, domestic greywater diversion is prescribed as an activity that requires the prior approval of the council.

(2)

However, domestic greywater diversion may be carried out without the prior approval of the council if—

  • (a)

    it is carried out in accordance with the Plumbing Code of Australia, and

  • (b)

    a sewage management facility is not installed on the premises concerned, and

  • (c)

    the following performance standards are achieved—

    • (i)

      the prevention of the spread of disease by micro-organisms,

    • (ii)

      the prevention of the spread of foul odours,

    • (iii)

      the prevention of contamination of water,

    • (iv)

      the prevention of degradation of soil and vegetation,

    • (v)

      the discouragement of insects and vermin,

    • (vi)

      ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

    • (vii)

      the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.

(3)

Failure to comply with subsection (2)(c) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person carrying out the domestic greywater diversion.

(4)

In this section—

domestic greywater diversion means the installation and operation of a system for diverting greywater generated on residential premises to a garden or lawn on those premises, but does not include the manual collection and re-use of greywater (for example, by means of a bucket or similar receptacle).

greywater means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.

residential premises does not include premises comprising more than one dwelling.

Division 6Miscellaneous76Form of application for accreditation of components, processes, designs or temporary structures

For the purposes of Division 5 of Part 1 of Chapter 7 of the Act, an application for the accreditation of a component, process, design or temporary structure must—

  • (a)

    be in writing, and

  • (b)

    include a description of the component, process, design or temporary structure to which it relates, and

  • (c)

    be accompanied by a copy of a certificate of accreditation issued by the Building Regulations Advisory Committee (within the meaning of the Building Act 1993 of Victoria), if it is so accredited, or if it is not, documentary evidence of any test procedures, results, performances or appraisals relevant to the proposed accreditation that have been obtained from a recognised appraisal body.

77Public notice of draft local approvals policies

The public notice required to be given by the council under section 160(1) of the Act must—

  • (a)

    be published—

    • (i)

      on the website of the council, and

    • (ii)

      in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council, and

  • (b)

    be published on the website at least 7 days before the commencement of the public exhibition of the draft local policy and remain there at least until the conclusion of the period during which submissions may be made to the council in relation to the policy.

78Public notice of approval(1)

For the purposes of section 675 of the Act, the prescribed manner of giving public notice of the granting of an approval is to publish the notice—

  • (a)

    on the website of the council, and

  • (b)

    in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council.

(2)

For the purposes of section 675 of the Act, the prescribed form of public notice of the granting of an approval is a form that includes—

  • (a)

    a precise indication of the location of any place in relation to which the approval is granted (for example, the address of the place and any other description to help a reader identify the place) and a brief description of the subject-matter of the approval, and

  • (b)

    a statement setting out where a record of the approval is available for inspection.

79Matters to be submitted to council

If this Regulation requires evidence or a document to be submitted to council, any copy of the evidence or document is to be a complete and unabridged copy of the original.

80Application may be made for approval for exempted activity

A person may apply for approval under the Act for the carrying out of an activity, and the application may be determined, even though the person is exempted from the necessity to obtain approval by a local approvals policy.

81Local approvals policies—standards(1)

If a person is exempt (because of a local approvals policy) from the requirement to obtain approval for an activity, the exemption is subject to the condition that the activity comply with the standards referred to in sections 31, 44, 51, 55, 68 and 73.

(2)

However, the activity must so comply only to the extent that the provisions (and the standards to which they refer) would apply to the activity if the activity had not been the subject of an exemption under the local approvals policy.

(3)

However, if the local approvals policy specifies, as the circumstances (or as part of the circumstances) for the exemption, that the activity is carried out in such part of an area, or such an area, as is specified in the policy, subsections (1) and (2) do not apply to the activity.

(4)

Subsection (3) does not prevent a local approvals policy from specifying compliance with one or more of the standards referred to in subsection (1) as part of the circumstances for an exemption under section 158(3) of the Act.

Division 7Mutual recognition of approvals scheme—the Act, Sch 6, item 8AA

pt 2, div 7: Ins 2025 (475), Sch 1[2].

81ADefinitions

In this division—

approval means an approval granted under the Act, Chapter 7, Part 1.

recognised approval, in relation to a recognition certificate, means the approval recognised by the recognition certificate.

recognition certificate means a recognition certificate granted under section 81D.

relevant activity means an activity specified in the Act, section 68, table, Part D or Part F, item 7.

s 81A: Ins 2025 (475), Sch 1[2].

81BMutual recognition of approvals scheme(1)

The provisions of this division comprise a scheme for the mutual recognition by councils of approvals.

(2)

For the purposes of the scheme—

  • (a)

    a person who holds a recognition certificate is taken to have the prior approval of the council that granted the recognition certificate to carry out the activity referred to in the recognition certificate, and

  • (b)

    a person who carries out an activity in accordance with a recognition certificate is taken to carry out the activity in accordance with the approval of the council that granted the recognition certificate.

(3)

For the purposes of the scheme, in the Act and this regulation—

  • (a)

    a reference to an approval extends to a recognition certificate, and

  • (b)

    a reference to an application for an approval extends to an application for a recognition certificate.

(4)

However, subsection (3) does not apply to a reference in—

  • (a)

    the Act, sections 69, 75, 76, 78, 79, 92–96, 99, 102–103, 106–107A or 114–123B, or

  • (b)

    this division.

(5)

A reference in the Act, section 101(1) to the date from which the approval operates specified in the notice under section 99 is taken to be the date specified in the recognition certificate under section 81D(4)(c) for a recognition certificate.

s 81B: Ins 2025 (475), Sch 1[2].

81CApplications for recognition certificates(1)

A person who holds an approval granted by a council for a relevant activity may apply to another council for a recognition certificate for the approval.

(2)

An application must be made in the approved form.

(3)

An application must include the following—

  • (a)

    a copy of one of the following—

    • (i)

      a notice given to the person under the Act, section 99 granting the approval,

    • (ii)

      a notice given to the person under the Act, section 100 granting the approval on review,

    • (iii)

      a decision of the Land and Environment Court on an appeal made under the Act, section 176 that has the effect of granting the approval,

  • (b)

    if the approval is a “deferred commencement” approval referred to in the Act, section 95—a copy of the notice given under the Act, section 99(3)(b) of the date from which the approval operates,

  • (c)

    if the approval has been amended, renewed, extended or modified under the Act, sections 106–108—a copy of the notice of the amendment, renewal, extension or modification,

  • (d)

    if the approval has been varied by a decision of the Land and Environment Court—a copy of the decision,

  • (e)

    a description of any conditions of the approval, other than a condition—

    • (i)

      specified in the document given under paragraph (a), or

    • (ii)

      set out in a local policy adopted under the Act, Chapter 7, Part 3,

  • (f)

    the date the approval lapses.

s 81C: Ins 2025 (475), Sch 1[2].

81DDetermination of applications for recognition certificates(1)

A council, on application, may—

  • (a)

    grant a recognition certificate, with or without conditions, or

  • (b)

    refuse to grant the application.

(2)

A council may grant a recognition certificate subject to a condition that the person who holds the recognition certificate must comply with council policies that apply to the relevant activity.

(3)

Subsection (1) does not affect the Act, section 72.

(4)

A recognition certificate must include the following—

  • (a)

    a description of the approval subject to the application,

  • (b)

    the name of the council,

  • (c)

    the date from which the recognition certificate operates,

  • (d)

    the date the recognition certificate lapses,

  • (e)

    if the recognition certificate is granted with conditions—

    • (i)

      a description of the conditions, and

    • (ii)

      the reasons for imposing each condition, and

    • (iii)

      information about the applicant’s review and appeal rights.

(5)

If the council refuses to grant the application, the council must give written notice to the applicant specifying the following—

  • (a)

    a description of the approval subject to the application,

  • (b)

    the name of the council,

  • (c)

    the reasons for the refusal,

  • (d)

    information about the applicant’s review and appeal rights.

s 81D: Ins 2025 (475), Sch 1[2].

81ECessation of recognition certificates(1)

A recognition certificate ceases to have effect on the earlier of the following—

  • (a)

    the date the recognition certificate lapses, as specified in the recognition certificate,

  • (b)

    the date the recognised approval lapses or is revoked,

  • (c)

    if the recognised approval is extended under the Act, section 107—the date the recognised approval would have otherwise lapsed,

  • (d)

    the date the council that granted the recognition certificate revokes the recognition certificate under section 81G or the Act, section 108.

(2)

If a recognition certificate ceases to have effect under subsection (1)(b) on the revocation of the recognised approval and, on appeal under the Act, section 178, the instrument of revocation is cancelled—

  • (a)

    the person who holds the recognition certificate must, within 7 business days, give a copy of the decision of the Land and Environment Court to the council that granted the recognition certificate, and

  • (b)

    the recognition certificate comes into operation again from the date the recognised approval comes into operation again.

s 81E: Ins 2025 (475), Sch 1[2].

81FNotification of modification or revocation of recognised approvals(1)

A person who holds a recognition certificate granted by a council must notify the council in accordance with this section if the recognised approval is—

  • (a)

    amended under the Act, section 106, or

  • (b)

    modified under the Act, section 108, or

  • (c)

    revoked under the Act, section 108, or

  • (d)

    varied or revoked by a decision of the Land and Environment Court.

Maximum penalty—10 penalty units.

(2)

The notice must be given in writing and within 24 hours after the amendment, modification, variation or revocation takes effect.

(3)

The notice must include a copy of—

  • (a)

    the notice of the amendment, modification or revocation of the approval, or

  • (b)

    the decision of the Land and Environment Court varying or revoking the approval.

s 81F: Ins 2025 (475), Sch 1[2].

81GModification or revocation of recognition certificates(1)

A council may modify or revoke a recognition certificate granted by the council if the recognised approval is—

  • (a)

    amended or modified under the Act, section 106 or 108, or

  • (b)

    varied by a decision of the Land and Environment Court.

(2)

The Act, sections 108, 110, 111 and 178 apply to a modification or revocation under this section.

s 81G: Ins 2025 (475), Sch 1[2].

Part 3OrdersNote.

In this Part, a reference to an Order of a particular number is a reference to the Order of that number set out in the Table to section 124 of the Act.

Division 1Orders requiring or prohibiting the doing of things to or on premises82Relevant standards for camping grounds, caravan parks, manufactured home estates and moveable dwellings

For the purposes of—

  • (a)

    Order No 5 (a) in its operation as to camping grounds, caravan parks and manufactured home estates, and

  • (b)

    Order No 5 (b) in its operation as to moveable dwellings,

any applicable standards referred to in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

83Relevant standards for certain places of shared accommodation(1)

This section applies to the following kinds of places of shared accommodation—

  • (a)

    places of shared accommodation that are class 3 buildings under the Building Code of Australia (within the meaning of the Environmental Planning and Assessment Act 1979),

  • (b)

    places of shared accommodation that are general boarding houses within the meaning of the Boarding Houses Act 2012.

(2)

For the purposes of Order No 5 (d) in its operation as to places of shared accommodation to which this section applies, the standards for places of shared accommodation set out in Part 1 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

84Relevant standards for hairdressers shops

For the purposes of Order No 5 (e), the standards for hairdressers shops set out in Part 2 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

85Relevant standards for beauty salons

For the purposes of Order No 5 (e), the standards for beauty salons set out in Part 3 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

86Relevant standards for mortuaries

For the purposes of Order No 5 (f), the standards for mortuaries set out in Part 4 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

87Water supply and sewerage system pipes, fittings and fixtures(1)

Without limiting Order No 5 (h), and except in the case of a defect to which section 88 applies, the following acts are taken to be included in Column 1 of the Table to section 124 of the Act as acts that may be required by that Order—

  • (a)

    to remove, replace, alter, extend or repair a pipe, fitting or fixture located on premises connected to the council’s water supply system or sewerage system,

  • (b)

    to stop using such a pipe, fitting or fixture pending its removal, replacement, alteration, extension or repair.

(2)

This section applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

88Rectification of defective water supply or sewerage work(1)

For the purposes of Order No 5 (h) (and without limiting that Order) in the case of an Order to a licensed contractor under Column 3 of the Table to section 124 of the Act in respect of a defect, the circumstances specified in Column 2 are taken to be included in that Column only where the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979.

(2)

A licensed contractor so notified must bear the cost of rectifying the defect.

(3)

A circumstance in which the defective work is the subject of an order made by the Civil and Administrative Tribunal under the Home Building Act 1989 constitutes a circumstance that is taken to be excluded from the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 5 (h) can be made.

(4)

An Order given by a council in respect of any such defective work ceases to have effect if an order referred to in subsection (3) is made in respect of the defective work.

(5)

This section applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

89Flow of surface water across land(1)

Without limiting Order No 12, the repair of defective or insufficient roofing, guttering, downpiping or drainage is taken to be included in Column 1 of the Table to section 124 of the Act as an act that may be required by that Order.

(2)

Without limiting Order No 12, the circumstance in which the surface water is turbid or otherwise polluted and is flowing across the land boundary constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 12 may be made.

Division 2Orders requiring that premises be used or not used in specified ways90Septic tank or closet

Without limiting Order No 15, a circumstance in which a septic tank or a septic closet is being constructed, or used, on premises after the date specified (in Order No 24 served on the owner or occupier of the premises) as the date by which the premises were required to be connected with a sewerage system constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 15 may be made.

91Keeping of birds or animals

Without limiting Order No 18, failure to comply with relevant standards or requirements set or made by or under the Act constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 18 may be made.

92Relevant standards for keeping of birds or animals

For the purposes of Order No 18, the standards for the keeping of birds or animals set out in Part 5 of Schedule 2 are relevant standards referred to in Column 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Division 3Orders requiring the preservation of healthy conditions93Water carting vehicles

Without limiting Order No 20, the following circumstances are taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which that Order may be made—

  • (a)

    a vessel used on a vehicle to cart water does not have an aperture that is large enough to enable easy inspection of the interior or thorough cleaning of the interior,

  • (b)

    the cover of any such aperture is not of a kind that is able to be kept thoroughly clean.

94Disposal of certain waste

For the purposes of Order No 22, and without limiting that Order, failure to comply with the standards for the disposal of certain waste set out in Part 6 of Schedule 2 is taken to be a circumstance in which waste is not being dealt with satisfactorily.

95Connection of premises to council’s water supply

Without limiting Order No 23 in the Table to section 124 of the Act, the following acts are taken to be included in Column 1 of that Table as acts that may be required by that Order—

  • (a)

    the construction of all necessary pipes, and the installation of all necessary fixtures and fittings,

  • (b)

    the construction or installation of a separate service pipe to the premises, or to each of the premises concerned.

96Connection of premises to a sewerage system(1)

Without limiting Order No 24 in the Table to section 124 of the Act, the following acts are taken to be included in Column 1 of that Table as acts that may be required by that Order—

  • (a)

    the construction of all necessary pipes, and the installation of all necessary fixtures and fittings,

  • (b)

    the construction or installation of a separate service pipe to the premises, or to each of the premises concerned.

(2)

The circumstances specified in Column 2 of the Table to section 124 of the Act in relation to Order No 24 of the Table are taken to include the following—

The sewerage system of a public authority or a State owned corporation is available and the premises can be connected to the system by gravity, pumping or other means considered by the council to be suitable. This applies to all areas in which a public authority or a State owned corporation maintains a sewerage system.

Division 4Miscellaneous97Copies of certain orders to be provided to EPA(1)

If a council gives Order No 11, 12, 18, 21, 22 or 25 in respect of land or premises and the land or the land on which the premises are situated is subject to statutory contaminated land management, the council must provide the EPA with a copy of the Order and of any modification or revocation of it.

(2)

Failure to provide the EPA with a copy does not invalidate an Order, modification or revocation.

(3)

In this section—

EPA means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991.

statutory contaminated land management means that one or more of the following matters under the Contaminated Land Management Act 1997 apply in relation to the land—

  • (a)

    the land is significantly contaminated land within the meaning of that Act and the council has been notified under section 59 of that Act that the land is significantly contaminated land,

  • (b)

    a management order is in force under Part 3 of that Act and the council has been notified under section 59 of that Act that the order is in force,

  • (c)

    an approved voluntary management proposal applies to the land under section 17 of that Act and the council has been notified under section 59 of that Act that the proposal has been approved,

  • (d)

    an ongoing maintenance order has effect under section 28 of that Act and the council has been notified under section 59 of that Act that the order has effect,

  • (e)

    a restriction on the use of the land or a public positive covenant has been imposed by the EPA on the land under section 29 of that Act.

Note.

Section 7(2) of the Protection of the Environment Operations Act 1997 provides for that Act to prevail over any other Act or statutory rule to the extent of any inconsistency and for a regulation under that Act to prevail over any other statutory rule to the extent of any inconsistency.

Section 109 of the Contaminated Land Management Act 1997 provides that the exercise of functions under other Acts must not be inconsistent with the functions of the EPA or other public authority under that Act.

98Standards for water supply, sewerage or stormwater drainage work

An Order under section 124 of the Act requiring water supply, sewerage or stormwater drainage work to be carried out is not complied with unless the work is carried out in accordance with any applicable standards or requirements set out or referred to in Part 2 of this Regulation or the Order.

99Information to be included in Orders

As well as the matters required by sections 136, 137 and 138 of the Act, the following information is to be included in an Order given by a council—

  • (a)

    any relevant provision of the Act, local orders policy or regulations made under the Act that is not being or has not been complied with,

  • (b)

    that it is an offence not to comply with an Order and the maximum penalty for the offence,

  • (c)

    that, if the Order is not complied with, the council may give effect to the Order and recover the costs of doing so from the person concerned.

Note.

Section 193 of the Act requires the council to give the owner or occupier of premises written notice before a person authorised to enter premises under Part 2 of Chapter 8 of the Act does so.

100Public notice of local orders policy

The public notice required to be given by the council under section 160(1) of the Act must—

  • (a)

    be published—

    • (i)

      on the website of the council, and

    • (ii)

      in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council, and

  • (b)

    be published on the website at least 7 days before the commencement of the public exhibition of the draft local policy and remain there at least until the conclusion of the period during which submissions may be made to the council in relation to the policy.

Part 4Community landDivision 1Guidelines for the categorisation of community land101Application of this Division(1)

This Division sets out guidelines for the categorisation of community land.

(2)

A council that is preparing a draft plan of management under section 36 of the Act must have regard to the guidelines set out in this Division.

102Guidelines for categorisation of land as a natural area

Land should be categorised as a natural area under section 36(4) of the Act if the land, whether or not in an undisturbed state, possesses a significant geological feature, geomorphological feature, landform, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under section 36(5) of the Act.

Note.

Sections 36A and 36B of the Act provide that community land comprising the habitat of endangered or threatened species must be categorised as a natural area.

Section 36C of the Act provides that community land that is the site of a known natural, geological, geomorphological, scenic or other feature that is considered by the council to warrant protection or special management considerations, or that is the site of a wildlife corridor, must be categorised as a natural area.

103Guidelines for categorisation of land as a sportsground

Land should be categorised as a sportsground under section 36(4) of the Act if the land is used or proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games.

I, (full name in BLOCK letters)

of (full residential address),

declare that—

(tick the squares that apply and insert other information as indicated)

  • (a)

    I am

male □

female □

  • (b)

    I am

18–24 years old

25–29 years old

30–39 years old

40–49 years old

50–59 years old

60–69 years old

70–79 years old

80 years or older

  • (c)

    I was a candidate at the last ordinary election of the council

Yes □

No □

  • (d)

    I was elected at the last ordinary election of the council

Yes □

No □

  • (e)

    My experience as a councillor in New South Wales is

    • I have not served as a councillor before

    • I was elected but served less than 1 complete term

    • I completed 1 term

    • I completed 2 terms

    • I completed 3 terms

    • I completed 4 terms

    • I completed 5 terms

    • I completed more than 5 terms (please specify)

  • (f)

    I consider myself to be an Aboriginal person

Yes □

No □

  • (g)

    I consider myself to be a Torres Strait Islander person

Yes □

No □

  • (h)

    I consider myself to have a disability

Yes □

No □

  • (i)

    The first language I learned to speak was

English

Arabic

Cantonese

Dutch

German

Greek

Italian

Lebanese

Mandarin

Vietnamese

Other

□ (please specify)

  • (j)

    My current occupation is

Professional

Manager

Primary Producer/Farmer

Para-Professional/Tradesperson

Property Developer

Clerk

Salesperson

Real Estate Agent

Labourer

Plant/Machine Operator

Home Duties

Self-employed

Student

Retired

Unemployed

Other

□ (please specify)

  • (k)

    I am a member of the following registered political parties (being political parties registered under the Electoral Act 2017 or under the Local Government Act 1993)—

  • (l)

    I am a property developer (within the meaning of Division 7 of Part 3 of the Electoral Funding Act 2018)

Yes □

No □

Note.

The information supplied above will be used for statistical purposes only. This information will be treated confidentially. All statistics will be published in aggregate or consolidated form only.

Form 3Nomination paper: proposal by registered officer for party

(Section 289(1)(b))

I, the person whose name appears on this form as the registered officer for the political party (registered in the Local Government Register of Political Parties) that has endorsed the person proposed for nomination, hereby propose for nomination [here state name in full in BLOCK letters, occupation and full residential address of the person proposed for nomination] as a candidate at the election to be held in [name of ward and area or name of area alone, as appropriate] on [date] for the office of [here specify whether as councillor or mayor].

I request that the *registered name/*abbreviated name of the party be printed adjacent to the candidate’s name on the ballot-papers [*cross out whichever does not apply].

Dated

Name in full of registered officer

Name of political party

Signature of registered officer

FORM OF CONSENT

I, the abovenamed [full name of person proposed for nomination in BLOCK letters],

hereby—

  • 1

    declare that, to the best of my knowledge and belief, *I was enrolled as an elector for the area on [the closing date for the election]/*my name has been mistakenly or accidentally omitted from the roll of electors [*cross out whichever does not apply],

  • 2

    consent to my being proposed for nomination,

  • 3

    request that my name should be printed on the ballot-papers for the election in the following form—

    [surname in BLOCK letters, given name in BLOCK letters]

  • 4

    declare that, to the best of my knowledge and belief, *I am/*I am not a property developer (within the meaning of Division 7 of Part 3 of the Electoral Funding Act 2018) [*cross out whichever does not apply].

[signature of person proposed for nomination]

Note.

See the back of this Form [or the attached page] for the provisions of the Local Government Act 1993 covering qualification and disqualification for a civic office.

An alternative form of a candidate’s given name may only be—

  • (a)

    an initial standing for that name, or

  • (b)

    a commonly accepted variation of the name (including an abbreviation or truncation of that name or an alternative form of that name), or

  • (c)

    a commonly used other name specific to the candidate by which the candidate is usually identified (if the returning officer is satisfied that the proposed name is a commonly used other name specific to the candidate by which the candidate is usually identified).

In item 4, “property developer” (within the meaning of Division 7 of Part 3 of the Electoral Funding Act 2018) includes a close associate of a property developer.

STATISTICAL INFORMATION SHEET

(Complete this sheet for ordinary elections only, not by-elections)

I, (full name in BLOCK letters)

of (full residential address),

declare that—

(tick the squares that apply and insert other information as indicated)

  • (a)

    I am

male □

female □

  • (b)

    I am

18–24 years old

25–29 years old

30–39 years old

40–49 years old

50–59 years old

60–69 years old

70–79 years old

80 years or older

  • (c)

    I was a candidate at the last ordinary election of the council

Yes □

No □

  • (d)

    I was elected at the last ordinary election of the council

Yes □

No □

  • (e)

    My experience as a councillor in New South Wales is

    • I have not served as a councillor before

    • I was elected but served less than 1 complete term

    • I completed 1 term

    • I completed 2 terms

    • I completed 3 terms

    • I completed 4 terms

    • I completed 5 terms

    • I completed more than 5 terms (please specify)

  • (f)

    I consider myself to be an Aboriginal person

Yes □

No □

  • (g)

    I consider myself to be a Torres Strait Islander person

Yes □

No □

  • (h)

    I consider myself to have a disability

Yes □

No □

  • (i)

    The first language I learned to speak was

English

Arabic

Cantonese

Dutch

German

Greek

Italian

Lebanese

Mandarin

Vietnamese

Other

□ (please specify)

  • (j)

    My current occupation is

Professional

Manager

Primary Producer/Farmer

Para-Professional/Tradesperson

Property Developer

Clerk

Salesperson

Real Estate Agent

Labourer

Plant/Machine Operator

Home Duties

Self-employed

Student

Retired

Unemployed

Other

□ (please specify)

  • (k)

    I am a member of the following registered political parties (being political parties registered under the Electoral Act 2017 or under the Local Government Act 1993)—

  • (l)

    I am a property developer (within the meaning of Division 7 of Part 3 of the Electoral Funding Act 2018)

Yes □

No □

Note.

The information supplied above will be used for statistical purposes only. This information will be treated confidentially. All statistics will be published in aggregate or consolidated form only.

Form 4Ballot-paper

(Section 305(8))

[insert name of ward if applicable]

[insert name of area]

Election of [here insert the number of vacancies that the election is being held to fill and whether the election is of councillors or of the mayor] held on [insert election day].

Candidates

[If the returning officer has accepted an application to print the name of a political party or the word “Independent” adjacent to the name of a candidate, the name or word must be printed there.]

VALADON, Susan

(Blackacre)

ARRAIZA, Ramon

VALADON, Sue

(Tenterfield)

BROWN, Denise

KABOS, Colin

DAVIS, Ron

(Storekeeper, Tenterfield)

DAVIS, Ron

(Grazier, Tenterfield)

HO, Liam

MAHON, Sharon

WHITMORE, Kim

[The following directions are to appear on the front or the back of the ballot-paper. If the directions appear on the back of the ballot-paper, an appropriate reference to their appearance on the back must be made on the front of the ballot-paper.]

Directions for Voting

[Here insert the following directions if 1 or 2 candidates are to be elected]

Place the number “1” in the square next to the candidate of your choice.

If you wish to vote for any more candidates, place consecutive numbers starting with “2” in the squares next to those candidates in order of your preferences for them. [This second direction should only be inserted if there are more than 2 candidates]

[Here insert the following directions if 3 or more candidates are to be elected]

Place the numbers [here insert the sequence of numbers that corresponds to half the number of candidates to be elected] in the squares next to the [here insert half the number of candidates to be elected] candidates in order of your preferences for them.

If you wish to vote for any more candidates, place consecutive numbers starting with [here insert the next number after half the number of the candidates to be elected] in the squares next to those candidates in order of your preferences for them. [Where half the number to be elected is a fraction it is to be rounded up to the next integer]

ELECTORS PLEASE NOTE: YOU MUST NOT TAKE A BALLOT-PAPER OUT OF THE POLLING PLACE.

Form 5Ballot-paper

(Section 305(8))

[insert name of ward if applicable]

[insert name of area]

Election of [here insert the number of vacancies that the election is being held to fill] councillors held on [insert election day]

Candidates

GROUP A

GROUP B

GROUP C

□ VALADON,

Susan

(Blackacre)

*

□ BROWN,

Denise

**

□ DAVIS,

Ronald

(Storekeeper,

Tenterfield)

*

□ MAHON

Sharon

***

□ ARRAIZA,

Ramon

*

□ KABOS,

Colin

**

□ DAVIS,

Ronald

(Grazier,

Tenterfield)

*

□ WHITMORE,

Terence

***

□ VALADON,

Sue

(Tenterfield)

*

□ HO,

Liam

*

* Here insert name of registered party if to be printed.

** Here insert the word “Independent” if to be printed.

*** Here insert name of registered party or word “Independent” if to be printed.

[The following directions are to appear on the front or the back of the ballot-paper. If the directions appear on the back of the ballot-paper, an appropriate reference to their appearance on the back must be made on the front of the ballot-paper.]

Directions for Voting

Place the numbers [here insert the sequence of numbers that corresponds to half the number of candidates to be elected] in the squares next to the [here insert half the number of candidates to be elected] candidates in order of your preferences for them.

If you wish to vote for any more candidates, place consecutive numbers starting with (here insert the next number after half the number of the candidates to be elected) in the squares next to those candidates in order of your preferences for them. [Where half the number to be elected is a fraction it is to be rounded up to the next integer]

ELECTORS PLEASE NOTE: YOU MUST NOT TAKE A BALLOT-PAPER OUT OF THE POLLING PLACE.

Form 6Ballot-paper

(Section 305(8))

[insert name of ward if applicable]

[insert name of area]

Election of [here insert the number of vacancies which the election is being held to fill] councillors held on [insert election day].

[Where half the number to be elected is a fraction it is to be rounded up to the next integer]

ELECTORS PLEASE NOTE: YOU MUST NOT TAKE A BALLOT-PAPER OUT OF THE POLLING PLACE.

Form 15Penalty notice—Failure to vote

(Section 357)

Area

Ward

No on Roll

[Name and address]

The Electoral Commission’s records indicate that you appear to have failed to vote at the election/constitutional referendum/de-amalgamation referendum held on [date]

The maximum penalty for failing to vote is [insert maximum amount of penalty].

IF YOU DID VOTE—

  • Please complete and sign the following declaration.

    I declare that I did vote at [polling place]

    in respect of the election/constitutional referendum/de-amalgamation referendum held on [date]

[signature]

IF YOU DID NOT VOTE—

  • 1

    If you think you have a sufficient reason for not voting, please complete and sign the following declaration—

    I declare that I did not vote at the election/constitutional referendum/de-amalgamation referendum held on [date] for the following reason—

[signature]

  • 2

    If you do not think you have a sufficient reason for not voting, you may dispose of the matter by—

    • paying a penalty of [insert amount of penalty] to the Electoral Commission within 28 days of the date of this notice

      OR

    • having the matter dealt with by a court, where the maximum penalty is [insert maximum amount of penalty] and you may also have to pay court costs.

IF A DECLARATION OF VOTING IS NOT MADE, A REASON FOR NOT VOTING IS NOT GIVEN AND THE PENALTY IS NOT PAID WITHIN 28 DAYS, PROCEEDINGS MAY BE TAKEN AGAINST YOU IN COURT.

PROCEDURE FOR PAYMENT OF PENALTY OR OFFER OF EXPLANATION

Deliver or send the penalty or the explanation to the Electoral Commission at [address of Electoral Commission’s Office]

Cheques and money orders should be crossed, marked not negotiable and made payable to the Electoral Commission.

DO NOT SEND CASH. PART PAYMENT OF THIS PENALTY CANNOT BE ACCEPTED.

The PENALTY for any person making a false statement in this Form is [insert maximum amount of penalty].

THIS FORM MUST BE DELIVERED OR SENT WITH YOUR PAYMENT OR EXPLANATION

Electoral Commission

□ TICK IF RECEIPT IS REQUIRED

[date]

Form 16Constitutional referendum, de-amalgamation referendum or council poll paper

Schedule 10, section 4

[local government area]

Constitutional referendum/de-amalgamation referendum/council poll taken on [date]

Directions—

The question below requires a “Yes” or “No” answer.

If you decide to answer “Yes” to the question, place a tick in the square next to the word “Yes”.

If you decide to answer “No” to the question, place a tick in the square next to the word “No”.

Question—

[here set out question]

Yes □

No □

sch 11: Am 2021 (603), Sch 1[4]; 2025 (223), Sch 1[19]–[21].

Schedule 12Penalty notice offences

(Sections 398 and 399)

Column 1

Column 2

Offence under Local Government Act 1993

Penalty

Section 626(3)—carry out without prior approval of council an activity specified in item 4 of Part C (Management of waste) of the Table to section 68

$330

Section 626(3)—carry out without prior approval of council an activity specified in item 6 of Part C (Management of waste) of the Table to section 68

$330

Section 626(3)—carry out without prior approval of council an activity specified in item 1 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 2 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 3 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 4 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 5 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 6 of Part D (Community land) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity specified in item 1 of Part E (Public roads) of the Table to section 68

$330

Section 626(3)—carry out without prior approval of council an activity specified in item 2 of Part E (Public roads) of the Table to section 68

$330

Section 626(3)—carry out without prior approval of council an activity specified in item 7 of Part F (Other activities) of the Table to section 68

$220

Section 626(3)—carry out without prior approval of council an activity (being domestic greywater diversion) as prescribed by the regulations under item 10 of Part F (Other activities) of the Table to section 68

$220

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 4 of Part C (Management of waste) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$330

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 6 of Part C (Management of waste) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$330

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 1 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 2 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 3 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 4 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 5 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 6 of Part D (Community land) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 1 of Part E (Public roads) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$220

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 2 of Part E (Public roads) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$220

Section 627(3)—having obtained the council’s approval to the carrying out of an activity specified in item 7 of Part F (Other activities) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$110

Section 627(3)—having obtained the council’s approval to the carrying out of an activity (being domestic greywater diversion) as prescribed by the regulations under item 10 of Part F (Other activities) of the Table to section 68, carry out the activity otherwise than in accordance with the terms of that approval

$220

Section 628(1)—fail to comply with an order given in terms of order No 7 in the Table to section 124

$330

Section 628(1)—fail to comply with an order given in terms of order No 8 in the Table to section 124

$110

Section 628(1)—fail to comply with an order given in terms of order No 10 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 18 in the Table to section 124

$220

Section 628(2)—fail to comply with an order given in terms of order No 19 in the Table to section 124

$220

Section 628(2)—fail to comply with an order given in terms of order No 20 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 21 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 22 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 23 in the Table to section 124 (To connect premises to the council’s water supply by a specified date)

$330

Section 628(2)—fail to comply with an order given in terms of order No 24 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 25 in the Table to section 124

$330

Section 628(2)—fail to comply with an order given in terms of order No 27 in the Table to section 124

$220

Section 628(3)—fail to comply with an order given in terms of order No 30 in the Table to section 124 (To comply with an approval concerning an activity specified in Part D (Community land) of the Table to section 68)

$110

Section 628(3)—fail to comply with an order given in terms of order No 30 in the Table to section 124 (To comply with an approval concerning an activity specified in Part E (Public roads) of the Table to section 68)

$220

Section 628(3)—fail to comply with an order given in terms of order No 30 in the Table to section 124 (To comply with an approval concerning an activity specified in Part F (Other activities) of the Table to section 68: Use a standing vehicle or any article for the purpose of selling any article in a public place)

$110

Section 629(2)—remove any plant or animal from a public place

$220

Section 630(1)—without lawful excuse, break a bottle, glass, glass receptacle or syringe in a public place

$220

Section 630(2)—throw, place, leave in a public place any bottle, glass, glass receptacle, syringe, broken glass or other matter or thing likely to endanger the safety of or cause injury to any person or animal or damage to any vehicle or property

$220

Section 630(3)—break a bottle, glass, syringe or glass receptacle in a public bathing place under the control of the council, and not collect and remove all portions of the bottle, glass, syringe or glass receptacle either to a receptacle (if any) provided by the council for that purpose, or to a place beyond the public bathing place

$220

Section 631—in a public bathing place under the control of the council, do any act that damages, defaces or pollutes the public bathing place or that is likely to damage, deface or pollute the public bathing place or anything relating to the public bathing place

$220

Section 632(1)—in a public place within the area of a council, fail to comply with the terms of a notice erected by the council

$110

Section 633(1)—in a place being—

  • (a)

    a public bathing place under the control of a council,

$75

  • (b)

    a river, watercourse or tidal or non-tidal water,

$75

  • (c)

    the sea adjacent to (although outside) an area,

$75

  • (d)

    a public place adjacent to any of those places,

$110

fail to comply with the terms of a notice erected by the council

Section 633(2)—be in the nude in public view in a place (unless a notice erected by the council allows the use of the place (or part of the place) for the purposes of nude bathing) being—

  • (a)

    a public bathing place under the control of a council,

$110

  • (b)

    a river, watercourse or tidal or non-tidal water,

$110

  • (c)

    the sea adjacent to (although outside) an area,

$110

  • (d)

    a public place adjacent to any of those places

$110

Section 637(1)—wilfully or negligently wasting or misusing water from a public water supply

$220

Section 651B(1)—immobilise a vehicle owned by another person by means of wheel clamps, or a prescribed device, except with the consent of the owner

$300

Section 651C(1)(a)—fail to release a vehicle on demand to any person having a lawful right to the possession or control of the vehicle

$300

Section 651C(1)(b)—demand payment for or in relation to the release of a vehicle

$300

sch 12: Am 2024 (327), Sch 1[46].

Historical notesTable of amending instruments

Local Government (General) Regulation 2021 (460). LW 20.8.2021. Date of commencement, 1.9.2021, sec 2. This Regulation has been amended by this Regulation, secs 237(3), 321(3) and Sch 9A, sec 12(2) and as follows—

2021

(603)

Local Government (General) Amendment (Miscellaneous) Regulation 2021. LW 15.10.2021.

Date of commencement, on publication on LW, sec 2.

(604)

Local Government (General) Amendment (Rates) Regulation 2021. LW 15.10.2021.

Date of commencement, on publication on LW, sec 2.

(617)

Local Government (General) Amendment (Elections) Regulation 2021. LW 22.10.2021.

Date of commencement, on publication on LW, sec 2.

(661)

Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2021. LW 12.11.2021.

Date of commencement, on publication on LW, sec 2.

(693)

Local Government (General) Amendment (Annual Reports) Regulation 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(27)

Local Government (General) Amendment (By-Elections during COVID-19 Pandemic) Regulation 2022. LW 4.2.2022.

Date of commencement, on publication on LW, sec 2.

(90)

Local Government (General) Amendment (Minimum Amounts of Rate) Regulation 2022. LW 18.3.2022.

Date of commencement, 1.7.2022, sec 2.

(212)

Local Government (General) Amendment (Temporary Emergency Accommodation) Regulation 2022. LW 13.5.2022.

Date of commencement, on publication on LW, sec 2.

(279)

Local Government (General) Amendment Regulation 2022. LW 10.6.2022.

Date of commencement, on publication on LW, sec 2.

(320)

Local Government (General) Amendment (Elections) Regulation 2022. LW 30.6.2022.

Date of commencement, on publication on LW, sec 2.

(497)

Local Government Amendment Regulation 2022. LW 26.8.2022.

Date of commencement, on publication on LW, sec 2.

(800)

Local Government (General) Amendment Regulation (No 2) 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

The amendment made by Sch 1[30], to the extent that it amends section 178[1A], was without effect as the provision being amended was amended by Sch 1[2].

2023

(49)

Local Government (General) Amendment (Minimum Amounts of Rate) Regulation 2023. LW 17.2.2023.

Date of commencement, 1.7.2023, sec 2.

(101)

Local Government (General) Amendment (Tendering) Regulation 2023. LW 2.3.2023.

Date of commencement, on publication on LW, sec 2.

No 35

Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023.

Date of commencement of Sch 4, assent, sec 2(c).

(643)

Local Government (General) Amendment (Audit, Risk and Improvement Committees) Regulation 2023. LW 1.12.2023.

Date of commencement, 1.7.2024, sec 2.

(677)

Local Government (General) Amendment (Tendering) Regulation (No 2) 2023. LW 15.12.2023.

Date of commencement, on publication on LW, sec 2.

2024

(46)

Local Government (General) Amendment (City of Hawkesbury) Regulation 2024. LW 1.3.2024.

Date of commencement, 1.3.2024, sec 2.

(119)

Local Government (General) Amendment (Rates) Regulation 2024. LW 12.4.2024.

Date of commencement, 1.7.2024, sec 2.

(327)

Local Government (General) Amendment (Elections) Regulation 2024. LW 2.8.2024.

Date of commencement, on publication on LW, sec 2.

2025

(144)

Local Government (General) Amendment (Minimum Amounts of Rate) Regulation 2025. LW 4.4.2025.

Date of commencement, 1.7.2025, sec 2.

(200)

Local Government (General) Amendment (Countback Elections) Regulation 2025. LW 9.5.2025.

Date of commencement, on publication on LW, sec 2.

(223)

Local Government (General) Amendment (De-amalgamations) Regulation 2025. LW 22.5.2025.

Date of commencement, 22.5.2025, sec 2 and 2025 (222) LW 22.5.2025.

(228)

Local Government (General) Amendment (Rural and Remote Councils) Regulation 2025. LW 23.5.2025.

Date of commencement, 23.5.2025, sec 2.

(454)

Local Government Legislation Amendment (Repeals) Regulation 2025. LW 29.8.2025.

Date of commencement, on publication on LW, sec 2.

(474)

Local Government (General) Amendment (Model Code of Meeting Practice) Regulation 2025. LW 5.9.2025.

Date of commencement of Sch 1[1]–[6] and [9], on publication on LW, sec 2; date of commencement of Sch 1[7] and [8]: not in force.

(475)

Local Government (General) Amendment (Mutual Recognition of Approvals) Regulation 2025. LW 5.9.2025.

Date of commencement, 5.9.2025, sec 2 and 2025 (472) LW 5.9.2025.

Table of amendments

Sec 3

Am 2025 (228), Sch 1[1]; 2025 (475), Sch 1[1].

Sec 48

Am 2024 (46), Sch 1[1].

Part 2, Div 7

Ins 2025 (475), Sch 1[2].

Sec 81A

Ins 2025 (475), Sch 1[2].

Sec 81B

Ins 2025 (475), Sch 1[2].

Sec 81C

Ins 2025 (475), Sch 1[2].

Sec 81D

Ins 2025 (475), Sch 1[2].

Sec 81E

Ins 2025 (475), Sch 1[2].

Sec 81F

Ins 2025 (475), Sch 1[2].

Sec 81G

Ins 2025 (475), Sch 1[2].

Sec 112

Am 2023 No 35, Sch 4.26.

Sec 115

Ins 2022 (212), Sch 1.

Sec 124

Ins 2021 (604), sec 3.

Sec 126

Am 2022 (90), sec 3. Subst 2023 (49), sec 3. Am 2024 (119), Sch 1; 2025 (144), Sch 1.

Sec 140

Ins 2024 (46), Sch 1[2].

Sec 164

Am 2022 (800), Sch 1[1]–[3]; 2023 (677), Sch 1[1].

Sec 167

Am 2022 (800), Sch 1[4]–[9].

Sec 168

Am 2022 (800), Sch 1[4] [5] [8] [10]–[15].

Sec 169

Am 2022 (800), Sch 1[4] [5] [12] [14] [16]–[18].

Sec 170

Am 2022 (800), Sch 1[5] [19]–[21]; 2023 (677), Sch 1[2].

Sec 170A

Ins 2022 (279), sec 3.

Sec 172

Am 2022 (800), Sch 1[5].

Part 7, Div 3, heading

Subst 2022 (800), Sch 1[22].

Sec 173

Am 2022 (800), Sch [23]–[27]; 2023 (677), Sch 1[3].

Sec 174

Subst 2022 (800), Sch [28].

Sec 175

Subst 2022 (800), Sch [28]. Am 2023 (101), sec 3(1).

Sec 176

Am 2022 (800), Sch [23] [29] [30].

Sec 177

Am 2022 (800), Sch 1[30]–[32]; 2023 (677), Sch 1[4].

Sec 178

Am 2022 (800), Sch 1[2]; 2022 (800), Sch 1[4] [23] [30] [33]–[36]; 2023 (677), Sch 1[5] [6].

Sec 179

Am 2022 (800), Sch [23] [30] [37]–[39].

Sec 182

Subst 2025 (474), Sch 1[1].

Sec 216

Am 2021 (603), Sch 1[1].

Part 9, Div 6A

Ins 2023 (643), Sch 1.

Sec 216A

Ins 2023 (643), Sch 1.

Sec 216B

Ins 2023 (643), Sch 1.

Sec 216C

Ins 2023 (643), Sch 1.

Sec 216D

Ins 2023 (643), Sch 1.

Sec 216E

Ins 2023 (643), Sch 1.

Sec 216F

Ins 2023 (643), Sch 1.

Sec 216G

Ins 2023 (643), Sch 1.

Sec 216H

Ins 2023 (643), Sch 1.

Sec 216I

Ins 2023 (643), Sch 1.

Sec 216J

Ins 2023 (643), Sch 1.

Sec 216K

Ins 2023 (643), Sch 1.

Sec 216L

Ins 2023 (643), Sch 1.

Sec 216M

Ins 2023 (643), Sch 1.

Sec 216N

Ins 2023 (643), Sch 1.

Sec 216O

Ins 2023 (643), Sch 1.

Sec 216P

Ins 2023 (643), Sch 1.

Sec 216Q

Ins 2023 (643), Sch 1.

Sec 216R

Ins 2023 (643), Sch 1.

Sec 216S

Ins 2023 (643), Sch 1.

Sec 216T

Ins 2023 (643), Sch 1.

Sec 216U

Ins 2023 (643), Sch 1.

Sec 217

Am 2021 (693), sec 3(1) (2).

Sec 232

Subst 2021 (661), sec 3(1). Am 2025 (474), Sch 1[2] [3].

Sec 233

Am 2025 (474), Sch 1[4]–[6].

Sec 237

Am 2021 (661), sec 3(2)–(4). Rep 2021 (460) sec 237(3).

Part 11, heading

Am 2025 (223), Sch 1[1].

Sec 274

Am 2025 (223), Sch 1[2].

Sec 275

Am 2021 (617), Sch 1[1]; 2024 (327), Sch 1[1]; 2025 (223), Sch 1[3] [4].

Sec 280

Am 2025 (223), Sch 1[5].

Sec 281

Am 2024 (327), Sch 1[2].

Sec 289

Am 2021 (617), Sch 1[2] [3].

Sec 313

Am 2024 (327), Sch 1[3].

Sec 314

Am 2024 (327), Sch 1[4].

Sec 314A

Ins 2021 (617), Sch 1[4].

Sec 316

Am 2021 (617), Sch 1[5].

Sec 317

Am 2021 (617), Sch 1[6]; 2024 (327), Sch 1[5]–[7].

Sec 318

Am 2024 (327), Sch 1[8] [9]; 2025 (228), Sch 1[2].

Sec 319

Am 2025 (228), Sch 1[2].

Sec 320

Am 2025 (228), Sch 1[2].

Sec 321

Am 2021 (460), sec 321(3); 2021 (617), Sch 1[7]; 2024 (327), Sch 1[10].

Sec 324

Am 2024 (327), Sch 1[11].

Sec 326

Am 2024 (327), Sch 1[12].

Sec 333C

Am 2024 (327), Sch 1[13] [14].

Sec 333M

Ins 2022 (27), sec 3. Am 2022 (320), sec 3(1); 2024 (327), Sch 1[15]–[18].

Sec 337A

Am 2021 (617), Sch 1[8] [9].

Sec 344A

Am 2024 (327), Sch 1[19].

Sec 344B

Am 2024 (327), Sch 1[20] [21].

Sec 344C

Am 2024 (327), Sch 1[22]; 2025 (228), Sch 1[2].

Sec 344D

Am 2025 (228), Sch 1[2].

Sec 344E

Am 2025 (228), Sch 1[2].

Sec 344F

Am 2024 (327), Sch 1[23].

Sec 344G

Am 2024 (327), Sch 1[24]–[29].

Sec 347

Subst 2024 (327), Sch 1[30]. Am 2025 (228), Sch 1[2].

Sec 348A

Am 2024 (327), Sch 1[31]–[33].

Sec 350

Am 2025 (223), Sch 1[6].

Sec 356G

Am 2024 (327), Sch 1[34] [35].

Sec 356GAA

Ins 2024 (327), Sch 1[36].

Sec 356P

Am 2025 (223), Sch 1[7].

Sec 356R

Am 2025 (223), Sch 1[5] [8].

Sec 356SA

Am 2024 (327), Sch 1[37] [38].

Sec 356TA

Am 2021 (617), Sch 1[10].

Sec 356TB

Am 2021 (617), Sch 1[11].

Sec 358

Am 2025 (223), Sch 1[5].

Sec 360

Am 2024 (327), Sch 1[39].

Sec 361

Am 2024 (327), Sch 1[40].

Sec 365

Am 2024 (327), Sch 1[41] [42].

Sec 365A

Ins 2024 (327), Sch 1[43].

Sec 383

Am 2021 (617), Sch 1[12].

Sec 383A

Am 2021 (617), Sch 1[13].

Sec 386

Am 2025 (228), Sch 1[2].

Sec 388A

Am 2024 (327), Sch 1[44] [45].

Part 11, Div 12, heading

Am 2025 (223), Sch 1[9].

Sec 396A

Ins 2025 (223), Sch 1[10].

Sec 396B

Ins 2025 (223), Sch 1[10].

Sec 396C

Ins 2025 (223), Sch 1[10].

Sec 397

Subst 2025 (223), Sch 1[10].

Sec 413

Am 2021 (603), Sch 1[2] [3].

Part 13, Div 15

Ins 2025 (228), Sch 1[3].

Sec 413F

Ins 2025 (228), Sch 1[3].

Sec 413G

Ins 2025 (228), Sch 1[3].

Part 14, heading

Am 2023 (101), sec 3(2); 2025 (454), Sch 1[1].

Part 14, Div 1, heading

Ins 2025 (223), Sch 1[11].

Sec 415

Am 2022 (497), sec 3. Rep 2025 (454), Sch 1[2].

Part 14, Div 2, heading

Ins 2025 (223), Sch 1[12].

Sec 416

Am 2023 (101), sec 3(3).

Part 14, Div 3

Ins 2025 (223), Sch 1[13].

Sec 417

Ins 2025 (223), Sch 1[13].

Sec 418

Ins 2025 (223), Sch 1[13].

Sec 419

Ins 2025 (223), Sch 1[13].

Sec 420

Ins 2025 (223), Sch 1[13].

Part 14, Div 4

Ins 2025 (228), Sch 1[4].

Sec 421

Ins 2025 (228), Sch 1[4].

Part 14, Div 5

Ins 2025 (474), Sch 1[9].

Sec 422

Ins 2025 (474), Sch 1[9].

Sch 4

Am 2022 (800), Sch 1[40].

Sch 9

Am 2022 (800), Sch 1[41].

Sch 9A

Am 2021 (460), Sch 9A, sec 12(2); 2022 (320), sec 3(2); 2025 (200), Sch 1.

Sch 10, heading

Am 2025 (223), Sch 1[8].

Sch 10

Am 2025 (223), Sch 1[5] [14]–[18].

Sch 11

Am 2021 (603), Sch 1[4]; 2025 (223), Sch 1[19]–[21].

Sch 12

Am 2024 (327), Sch 1[46].

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