Local Government (Savings and Transitional) Act 1993 (TAS)

Local Government (Savings and Transitional) Act 1993

An Act to provide for matters of a savings and transitional nature arising as a consequence of the repeal of the Local Government Act 1962 and the enactment of the Local Government Act 1993 and the Local Government (Building and Miscellaneous Provisions) Act 1993

[Royal Assent 23 December 1993]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Local Government (Savings and Transitional) Act 1993 . 2CommencementThe provisions of this Act commence on a day to be proclaimed. 3InterpretationIn this Act – council means a council as defined in the Local Government Act 1993 ; electoral district means an electoral district as defined in the Local Government Act 1993 ; general manager means the general manager as defined in the Local Government Act 1993 ; municipal area means a municipal area as defined in the Local Government Act 1993 ; proclaimed day means the day fixed by proclamation under section 2 of the Local Government Act 1993 ; public office means the public office as defined in the Local Government Act 1993 ; repealed Act means the Local Government Act 1962 , the Hobart Corporation Act 1963 or the Launceston Corporation Act 1963 . PART 2Savings and Transitional ProvisionsDivision 1Councils and employees4References to corporations, municipalities, &c.On and after the proclaimed day, a reference in any provision relating to or affecting local government in any Act – (a) to a corporation, municipal corporation, municipal council, city council, local government body, local government authority or local authority is a reference to a council; and (b) to a municipal district or municipality is a reference to a municipal area; and (c) to a ward is a reference to an electoral district; and (d) to a council clerk, town clerk, clerk of the corporation, clerk of the local authority or clerk is a reference to the general manager; and (e) to an officer of the corporation or the treasurer or collector of rates is a reference to the general manager; and (f) to a municipal election is a reference to an election under the Local Government Act 1993 ; and (g) to a municipal office is a reference to a public office under the Local Government Act 1993 ; and (h) to a member of a council is a reference to a councillor under the Local Government Act 1993 . 5Towns, cities and municipalities (1)  Any town or city created or declared under a repealed Act before the proclaimed day continues, on that day, to be a town or a city under the Local Government Act 1993 . (2)  Any municipality proclaimed, created or continued under a repealed Act before the proclaimed day is, on that day, a municipal area under the Local Government Act 1993 . (3)  Any municipal district created under a repealed Act before the proclaimed day is, on that day, a municipal area under the Local Government Act 1993 . (4)  Any ward created under a repealed Act before the proclaimed day is, on that day, an electoral district under the Local Government Act 1993 . (5)  The boundaries of any town, city, municipal district or ward in existence immediately before the proclaimed day continue, on that day, to be boundaries under the Local Government Act 1993 . 6Named municipalities, wards and councilsOn and after the proclaimed day, a reference in any Act – (a) to a named municipality is a reference to the municipal area specified in Schedule 3 to the Local Government Act 1993 which corresponds to that municipality, whether by that name or any other name; and (b) to a named ward is a reference to the electoral district specified in Schedule 3 to the Local Government Act 1993 which corresponds to that ward, whether by that or any other name; and (c) to a named council is a reference to the council specified in Schedule 3 to the Local Government Act 1993 which corresponds to that council, whether by that name or any other name. 7Property rightsAny estate or interest in land and all rights, obligations and liabilities of a council which existed immediately before the proclaimed day continue, on that day, to be vested in, or incurred by, the council. 8BorrowingsAny money borrowed or raised by a council under a repealed Act and payable and recoverable before the proclaimed day is, on and after that day, payable and recoverable under the Local Government Act 1993 . 9Funds (1)  Any sinking fund or trust fund under a repealed Act and in existence immediately before the proclaimed day continues, on that day, to exist. (2)  Any person holding the office of commissioner of a sinking fund or trustee of a fund under a repealed Act immediately before the proclaimed day continues, on that day, to hold that office. 10Councillors (1)  Any person who was a councillor or alderman under a repealed Act immediately before the proclaimed day is, on that day, a councillor under the Local Government Act 1993 . (2)  Any person who was a Lord Mayor, Deputy Lord Mayor, mayor or deputy mayor under a repealed Act immediately before the proclaimed day continues, on that day, to be a Lord Mayor, Deputy Lord Mayor, mayor or deputy mayor under the Local Government Act 1993 . 11Committees (1)  A committee established under a repealed Act and in existence immediately before the proclaimed day is, on that day, a council committee under the Local Government Act 1993 . (2)  A special committee established under a repealed Act and in existence immediately before the proclaimed day continues, on that day, to be a special committee under the Local Government Act 1993 . 12Officers and employees (1)  Any person who was employed as an officer or a servant under a repealed Act immediately before the proclaimed day is, on that day, an employee under the Local Government Act 1993 . (2)  Any person who holds an office under a repealed Act immediately before the proclaimed day continues, on that day, to hold that office under the Local Government Act 1993 . (3)  The person holding the office of Director of Local Government under the Local Government Act 1962 immediately before the proclaimed day continues, on that day, to hold that office under the Local Government Act 1993 . (4)  Any rights and entitlements of a person in relation to long service leave under a repealed Act and in existence immediately before the proclaimed day continue, on that day, to exist. 13Employees' assurance schemes and superannuation funds (1)  All rights and entitlements of a person in relation to a scheme for a subsidized endowment assurance scheme or a superannuation fund established under a repealed Act and in existence immediately before the proclaimed day continue, on that day, to exist. (2)  Any rules in relation to a subsidized endowment assurance scheme or a superannuation fund made under a repealed Act and in force immediately before the proclaimed day continue, on that day, to be in force until rescinded or amended. (3)  Any agreement by the executive committee of the Municipal Association of Tasmania made under the Local Government Act 1962 and in force immediately before the proclaimed day, continues, on that day, to be in force until amended or revoked. Division 2Rates, licences, appeals and legal proceedings14Rates, charges, &c. (1)  Any rates, charges, fees, costs, interest or penalties made, imposed or incurred under a repealed Act and due and payable before the proclaimed day continue, on that day, to be due, payable and recoverable under the Local Government Act 1993 from any person with the liability to pay under the repealed Act. (2)  Any rights or liabilities in respect of any property or land taken in possession of by a council for arrears of rates, charges or fees under a repealed Act and in existence before the proclaimed day continue, on that day, to exist. 15Rates notice, demand, &c.On and after the proclaimed day, a reference in any provision in any Act relating to or affecting local government rates notice, demand, rate, separate rate or charge under the Local Government Act 1962 is a reference to the equivalent of such a notice, demand, rate or charge under the Local Government Act 1993 . 16Urban farm land (1)  An application to declare land urban farm land made under the Local Government Act 1962 before the proclaimed day is, on that day, an application made under the Local Government Act 1993 . (2)  Any land which was urban farm land under the Local Government Act 1962 immediately before the proclaimed day continues, on that day, to be urban farm land under the Local Government Act 1993 . 17Licences, leases and permitsAny licence, lease or permit granted under a repealed Act and in force immediately before the proclaimed day is, on that day, a licence, lease or permit granted under the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 . 18Contracts and agreementsAny contract or agreement made under a repealed Act before the proclaimed day is, on or after that day, enforceable under the repealed Act. 19Appeals, references and objections (1)  Any appeal instituted under a repealed Act and not heard or determined before the proclaimed day may, on or after that day, be heard and determined under the repealed Act. (2)  A reference lodged under a repealed Act and not heard or determined before the proclaimed day, may, on or after that day, be heard and determined under the repealed Act. (3)  Any objection made under a repealed Act and not heard, determined or dealt with before the proclaimed day may, on or after that day, be heard, determined or dealt with under the repealed Act. (4)  [Section 19 Subsection (4) amended by No. 20 of 2012, s. 123, Applied:28 Nov 2012] An appeal made under the Local Government Act 1962 to the Building Appeal Board as constituted under that Act before the proclaimed day is, on or after that day, to be heard and determined by the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 . 20Legal proceedings (1)  Any legal or other proceeding instituted under a repealed Act and not heard or determined before the proclaimed day may, on or after that day, be heard and determined under the repealed Act. (2)  The alteration of the name or constitution of a council as a result of the Local Government Act 1993 does not render defective any legal or other proceedings instituted by or against a council under a repealed Act before the proclaimed day. 21Regulations and by-laws (1)  Any regulations made under a repealed Act and in force immediately before the proclaimed day continue, on that day, to be in force until amended or rescinded under the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 . (2)  [Section 21 Subsection (2) substituted by No. 43 of 1998, s. 4, Applied:18 Dec 1998] Any by-laws made under a repealed Act and in force immediately before the commencement of the Local Government (Savings and Transitional) Amendment Act 1998 remain in force until 31 March 1999 unless sooner repealed. (3)  Any by-law in force pursuant to subsection (2) which is inconsistent with any provision of the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 is invalid to the extent of that inconsistency. (4)  Any standing order made under a by-law under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force for a period of 60 days. Division 3Joint undertaking22Joint undertaking (1)  A sealed scheme for a joint undertaking under the Local Government Act 1962 and in force immediately before the proclaimed day continues, on that day, to be in force for a period of 12 months. (2)  An order made under the Local Government Act 1962 in relation to any joint undertaking and in force immediately before the proclaimed day continues, on that day, to be in force. 23Joint committeesAny joint committee appointed under the Local Government Act 1962 and in existence immediately before the proclaimed day is, on that day, a special committee under the Local Government Act 1993 . 24Local committeesA local committee or urban committee established under the Local Government Act 1962 and in existence before the proclaimed day is, on that day, a local committee under the Local Government Act 1993 . Division 4Municipal Association of Tasmania25MembershipA council which was a member of the Municipal Association of Tasmania under the Local Government Act 1962 immediately before the proclaimed day is, on that day, a member of that Association under the Local Government Act 1993 . 26Insurance fundsAny fund established under Part XXIII of the Local Government Act 1962 and in existence immediately before the proclaimed day is, on that day, a fund under the Local Government (Building and Miscellaneous Provisions) Act 1993 . 27EmployeesAny person who was employed by the Municipal Association of Tasmania under the Local Government Act 1962 immediately before the proclaimed day is, on that day, an employee of that Association under the Local Government (Building and Miscellaneous Provisions) Act 1993 . 28RulesAny rules made by the Municipal Association of Tasmania under the Local Government Act 1962 and in force immediately before the proclaimed day continue, on that day, to be in force until rescinded or amended. Division 5Building matters29Landslip areasAn area declared to be a landslip area under a repealed Act before the proclaimed day is, on that day, a landslip area under the Local Government (Building and Miscellaneous Provisions) Act 1993 . 30Building areasAny urban building area, country building area or changing building area existing under a repealed Act immediately before the proclaimed day is, on that day, an urban building area, country building area or a changing building area under the Local Government (Building and Miscellaneous Provisions) Act 1993 . 31Certificate of compliance (1)  A certificate of compliance in relation to a building given under the Local Government Act 1962 and in force immediately before the proclaimed day continues, on that day, to be in force. (2)  A certificate given under section 462 (4) of the Local Government Act 1962 and in force immediately before the proclaimed day continues, on that day, to be in force. 32Adhesion ordersAn adhesion order made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force. 33Preservation ordersA preservation order made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force until revoked. 34ApplicationsAn application in relation to building, plumbing or subdivision made under the Local Government Act 1962 and not determined or dealt with before the proclaimed day is, on that day, an application made under the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 as appropriate. Division 6Cemeteries, public health and waterworks35Exclusive right of burialAn exclusive right of burial granted under the Local Government Act 1962 and in force immediately before the proclaimed day continues, on that day, to be in force until it expires under that Act. 36Notices and ordersAny notice or order served or made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force. 37Water districts (1)  A water district proclaimed and defined under a repealed Act and in existence immediately before the proclaimed day is, on that day, a water district under the Local Government (Building and Miscellaneous Provisions) Act 1993 . (2)  A restricted supply water district declared under a repealed Act and in existence immediately before the proclaimed day is, on that day, a restricted supply water district under the Local Government (Building and Miscellaneous Provisions) Act 1993 . (3)  [Section 37 Subsection (3) omitted by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] .  .  .  .  .  .  .  .   Division 7Miscellaneous matters38By-electionsA by-election for a vacancy in the office of a councillor who was elected under the Local Government Act 1962 at an election held in 1993 is to be held in accordance with Part 15 of the Local Government Act 1993 . 39Voting on behalf of corporationsA person who was empowered by a corporate body under the Local Government Act 1962 to vote on its behalf at an election under that Act before the proclaimed day is, on that day, a person nominated by the corporate body to vote on its behalf at an election under the Local Government Act 1993 . 40Recommendation of BoardA recommendation made by the Local Government Advisory Board under the Local Government Act 1962 in relation to any matter similar to a matter specified in section 9 of the Local Government Act 1993 and not implemented before the proclaimed day is, on that day, a recommendation of the Local Government Board under the Local Government Act 1993 as if a review had been carried out under the Local Government Act 1993 . 41Duty in relation to highways and streetsA duty which the Hobart City Council and the Launceston City Council had to construct, maintain or repair a highway or street under a repealed Act immediately before the proclaimed day is, on that day, a duty to construct, maintain or repair under the Local Government (Highways) Act 1982 . 42Work to be doneAny work ordered or required to be done under the Local Government Act 1962 before the proclaimed day is, on and after that day, to be done or continued to be done in accordance with the order or requirement. 43Permissions, approvals and consentAny permission, approval and consent given under a repealed Act and in force before the proclaimed day continues, on that day, to be in force until withdrawn, expired or revoked. 44Miscellaneous referencesOn and after the proclaimed day, a reference in any provision relating to or affecting local government in any Act to any notice, licence, lease, permit, permission, approval, consent, certificate or order under the Local Government Act 1962 is a reference to a notice, licence, lease, permit, permission, approval, consent, certificate or order under the equivalent provision, if any, of the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 as appropriate. 45DelegationsA delegation by a council under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be a delegation under the Local Government Act 1993 for a period of 60 days unless sooner revoked. 46References to Local Government Act 1962On and after the proclaimed day – (a) a reference in any Act to any section, Division, Part or Schedule of the Local Government Act 1962 , the Hobart Corporation Act 1963 or the Launceston Corporation Act 1963 is a reference to the equivalent provision, if any, in the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and (b) a reference to the Local Government Act 1962 , the Hobart Corporation Act 1963 or the Launceston Corporation Act 1963 is a reference to the Local Government Act 1993 or the Local Government (Building and Miscellaneous Provisions) Act 1993 as appropriate. 47RegionsIn any Act – (a) a reference to the Southern Region is a reference to the municipal areas of Brighton, Central Highlands, Clarence, Glamorgan-Spring Bay, Glenorchy, Hobart, Huon Valley, Kingborough, New Norfolk, Sorell, Southern Midlands and Tasman; and (b) a reference to the Northern Region is a reference to the municipal areas of Break O’Day, Dorset, Flinders, George Town, Launceston, Meander Valley, Northern Midlands and West Tamar; and (c) a reference to the North-Western Region is a reference to the municipal areas of Burnie, Central Coast, Circular Head, Devonport, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast. 47ARates and charges (1)  Any rates or charges made by a council between 1 September 1994 and the commencement of the Local Government Amendment (Rates and Charges) Act 1995 are valid as if they had been made in accordance with section 90(1) of the Local Government Act 1993 . (2)  [Section 47A Subsection (2) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] Any rate made by a council on or after 17 January 1994 until the commencement of the Local Government Amendment (Rates and Charges) Act 1995 under section 90 of the Local Government Act 1993 based on a supplementary valuation under the Valuation of Land Act 2001 is valid. (3)  Any separate rate made by a council under the Local Government Act 1962 before 17 January 1994 is valid until the earlier of the following dates: (a) the date on which the separate rate ceases to apply; (b) 30 June 1996. 47BAbatement notices (1) Any abatement notice served under section 200 of the Local Government Act 1993 before the commencement of the Local Government Amendment Act 1994 in respect of a nuisance relating to a fire risk is valid. (2)  The council may charge a person who was the owner or occupier of land at the time it took any action before the commencement of the Local Government Amendment Act 1994 in respect of an abatement notice referred to in subsection (1) for the cost of that action. PART 3Miscellaneous48Regulations (1)  The Governor may make regulations for the purpose of this Act. (2)  The regulations may contain provisions of a savings or transitional nature in relation to this Act or the Local Government Act 1962 . 49Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Minister for Local Government; and (b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management.