Statute Law Revision (Local Government) Act 1995 (NSW)

New South Wales

Statute Law Revision (Local

Government) Act 1995 No 11

Contents

Page

1 Name of Act	2
2 Commencement	2
3 Amendment of Acts	2
4 Repeals	2

Schedules

Schedule 1

Amendment of Acts

The Acts amended are:

Aboriginal Land Rights Act 1983 No 42

AIbury-Wodonga Development Act 1974 No 47

Anti-Discrimination Act 1977 No 48

Area Health Services Act 1986 No 50

Balranald Irrigation Act 1902 No 78

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Bennelong Point (Parking Station) Act 1985 No 189	6
Bicentennial Park Trust Act 1987 No 29	6
Boxing and Wrestling Control Act 1986 No 11	7
Building and Construction Industry Long Service
Payments Act 1986 No 19	7
Building Services Corporation Act 1989 No 147	9
Bush Fires Act 1949 No 31	10
Business Franchise Licences (Tobacco) Act 1987
No 93	15
Casino Control Act 1992 No 15	15
Catchment Management Act 1989 No 235	15
Centennial Park and Moore Park Trust Act 1983
No 145	16
Chipping Norton Lake Authority Act 1977 No 38	16
City of Sydney Act 1988 No 48	17
Clean Air Act 1961 No 69	22
Clean Waters Act 1970 No 78	23
Coal Mines Regulation Act 1982 No 67	23
Coastal Protection Act 1979 No 13	23
Commons Management Act 1989 No 13	24

Community Land Development Act 1989 No 201	24
Community Land Management Act 1989 No 202	25
Construction Safety Act 1912 No 38	25
Conversion of Cemeteries Act 1974 No 17	26
Conveyancing Act 1919 No 6	26
Crimes Act 1900 No 40	27
Criminal Records Act 1991 No 8	27
Crown Lands (Continued Tenures) Act 1989 No 7	27
Dairy Industry Act 1979 No 208	28
Darling Harbour Authority Act 1984 No 103	28
Debits Tax Act 1990 No 112	30
Dentists Act 1989 No 139	30
Dog Act 1966 No 2	30

Contents page 2

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Drainage Act 1939 No 29	33
Election Funding Act 1981 NO 78	35
Electricity Act 1945 (1946 No 13)	36
Electricity Commission Act 1950 No 22	37
Environmental Offences and Penalties Act 1989
No 150	37
Environmental Planning and Assessment Act 1979
No 203	38
Environmentally Hazardous Chemicals Act 1985
No 14	39
Factories, Shops and Industries Act 1962 No 43	39
Fair Trading Act 1987 No 68	40
Farm Produce Act 1983 No 30	41
Film and Computer Game Classification Act 1984
No 155	41
Fire Brigades Act 1989 No 192	41
Fisheries Act 1935 No 58	42
Food Act 1989 No 231	42
Forestry Act 1916 No 55	43
Funeral Services Industry (Days of Operation) Act
1990 No 87	43
Gaming and Betting Act 1912 No 25	44
Gas Act 1986 No 213	44
Geographical Names Act 1966 No 13	44
Government Guarantees Act 1934 No 57	45
Health Administration Act 1982 No 135	45
Heritage Act 1977 No 136	45
Housing Act 1912 No 7	47
Housing Act 1976 No 62	48
Housing Act 1985 No 163	49
Hunter Valley Flood Mitigation Act 1956 No 10	49
Hunter Water Board (Corporatisation) Act 1991
No 53	50
Independent Commission Against Corruption Act
1988 No 35	51

Contents page 3

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Industrial Relations Act 1991 No 34	52
Irrigation Act 1912 No 73	52
Justices Act 1902 No 27	54
Lake Illawarra Authority Act 1987 No 285	54
Land Acquisition (Just Terms Compensation) Act
1991 No 22	55
Land Sales Act 1964 No 12	55
Land Tax Act 1956 No 27	56
Land Tax Management Act 1956 No 26	56
Library Act 1939 No 40	57
Liquor Act 1982 No 147	58
Local Government Act 1919 No 41	59
Local Government Act 1993 No 30	60
Lord Howe Island Act 1953 No 39	62
Maritime Services Act 1935 No 47	63
Meat Industry Act 1978 No 54	64
Mine Subsidence Compensation Act 1961 No 22	64
Mines Inspection Act 1901 No 75	65
Mining Act 1992 No 29	65
Motor Vehicles Taxation Act 1988 No 111	65
Murray Valley Citrus Marketing Act 1989 No 155	66
National Parks and Wildlife Act 1974 No 80	66
Navigation Act 1901 No 60	67
Noise Control Act 1975 No 35	67
Noxious Weeds Act 1993 No 11	68
Ombudsman Act 1974 No 68	68
Parliamentary Electorates and Elections Act 1912
No 41	69
Petroleum (Onshore) Act 1991 No 84	70
Pipelines Act 1967 No 90	70
Plant Diseases Act 1924 No 38	71
Poisons Act 1966 No 31	71
Police Offences Act 1901 No 5	72

C onten ts page 4

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Pollution Control Act 1970 No 95	72
Prices Regulation Act 1948 No 26	73
Prickly Pear Act 1987 No 202	73
Printing and Newspapers Act 1973 No 46	74
Private. Irrigation Districts Act 1973 No 47	74
Property, Stock and Business Agents Act 1941
No 28	76
Protection of the Environment Administration Act
1991 No 60	76
Public Authorities (Financial Arrangements) Act 1987
No 33	76
Public Health Act 1991 No 10	77
Public Sector Executives Superannuation Act 1989
No 106	77
Public Servant Housing Authority Act 1975 No 38	82
Public Works Act 1912 No 45	82
Real Property Act 1900 No 25	83
Recreation Vehicles Act 1983 No 136	83
Registered Clubs Act 1976 No 31	84
Residential Tenancies Act 1987 No 26	85
Rivers and Foreshores Improvement Act 1948 No 20	85
Road Improvement (Special Funding) Act 1989
No 95	86
Rural Lands Protection Act 1989 No 197	86
Rural Workers Accommodation Act 1969 No 34	86
School Forest Areas Act 1936 No 20	87
Search Warrants Act 1985 No 37	87
Second-hand Dealers and Collectors Act 1906 No 30	87
South-west Tablelands Water Supply Administration
Act 1941 No 36	87
Stamp Duties Act 1920 No 47	88
State Development and Industries Assistance Act
1966 No 10	90
State Emergency and Rescue Management Act 1989
No 165	90

Contents page 5

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Strata Titles Act 1973 No 68	90
Strata Titles (Leasehold) Act 1986 NO 219	93
Superannuation Administration Act 1991 No 96	95
Survey Co-ordination Act 1949 No 27	96
Swimming Pools Act 1992 No 49	96
Sydney Cove Redevelopment Authority Act 1968
No 56	98
Sydney Cricket and Sports Ground Act 1978 No 72	98
Sydney Electricity Act 1990 No 117	98

Sydney Harbour Trust Act 1900 (1901 No 1)	100
Sydney Harbour Tunnel (Private Joint Venture) Act
1987 No 49	100
Sydney Market Authority Act 1968 No 11	101
Tobacco Advertising Prohibition Act 1991 No 65	102
Tourism New South Wales Act 1984 No 46	102
Traffic Act 1909 No 5	103
Transport Administration Act 1988 No 109	103
Trustee Act 1925 No 14	103
Unclaimed Money Act 1982 No 174	104
Valuation of Land Act 1916 No 2	104
Waste Disposal Act 1970 No 97	106
Water Act 1912 No 44	107
Water Supply Authorities Act 1987 No 140	108
Western Lands Act 1901 No 70	109
Wild Dog Destruction Act 1921 No 17	109
Wilderness Act 1987 No 196	110
Wollongong Sportsground Act 1986 No 174	110
Women's Legal Status Act 1918 No 50	110
Zoological Parks Board Act 1973 No 34	111

Contents page 6

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Schedule 2	Repeals	112
This Schedule lists the Acts and Regulation that are
repealed:
City of Sydney (Elections) Regulation 1993	112
Local Government (Amendment) Act 1937 No 10	112
Local Government (Amendment) Act 1980 No 74	112
Local Government (Amendment) Act 1983 No 33	112
Local Government (Amendment) Act 1987 No 150	112
Local Government (Building and Construction
Industry Long Service Payments) Amendment Act
1986 No 20	112
Local Government (Building Approvals) Amendment
Act 1989 No 149	112
Local Government (Building Certificates) Amendment
Act 1986 No 157	112
Local Government (Building Regulation) Amendment
Act 1989 No 80	112
Local Government (Commons Management)

Amendment Act 1989 No

112

Local Government (Covenants) Amendment Act 1986

No 73	112
Local Government (Disclosure of Interests)
Amendment Act 1987 No 126	112
Local Government (Elections) Amendment Act 1983
No 77	112
Local Government (Electricity) Amendment Act 1987
No 106	112
Local Government (Flood Liable Land) Amendment
Act 1985 No 99	112
Local Government (Further Amendment) Act 1952
No 5 3	112
Local Government (Hunter Water Board) Amendment
Act 1988 No 122	112
Local Government (Liquor) Amendment Act 1990
No 30	112
Local Government (Miscellaneous Provisions)

Amendment Act 1985 No

209

112

Contents page 7

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Local Government (Movable Dwellings) Amendment

Act 1991 No 37	112
Local Government (Noxious Plants) Amendment Act
1937 No 38	112
Local Government (Penalties) Amendment Act 1986
No 2	112
Local Government (Pensioners Rates) Amendment
Act 1987 No 234	112
Local Government (Plan Registration) Amendment
Act 1986 No 153	112
Local Government (Public Inquiries) Amendment Act
1990 No 69	112
Local Government (Purchases) Amendment Act 1983
No 173	113
Local Government (Rates) Amendment Act 1985
No 33	113
Local Government (Rates and Charges) Act 1986
No 178	113
Local Government (Rates and Charges) Act 1987
No 233	113
Local Government (Rates and Charges) Amendment
Act 1983 No 175	113
Local Government (Rates and Charges) Amendment
Act 1984 No 140	113
Local Government (Rates and Charges) Amendment
Act 1985 No 169	113
Local Government (Rates and Charges) Amendment
Act 1988 No 91	113
Local Government (Rating) Amendment Act 1989
No 122	113
Local Government (Rating) Further Amendment Act
1976 No 99	113
Local Government (Rating) Further Amendment Act
1989 No 157	113
Local Government (Residential Fiat Buildings)
Amendment Act 1986 No 131	113
Local Government (Secret Commissions) Amendment
Act 1987 No 117	113

C onten ts page 8

Statute Law Revision (Local Government) Act 1995 No 11

Contents

Page

Local Government (Street Drinking) Amendment Act

1990 No 105

113

Local Government

(Subdivision) Amendment Act

1985 No 229

11 3

Local Government

(Subdivisions) Amendment Act

1988 No 129

113

Local Government (Sydney Cricket and

Sports

Ground) Amendment Act 1978 No 65	113
Local Government (Theatres and Public Halls)
Amendment Act 1989 No 10	113

Local Government

(Tourism Commission) Amendment

Act 1984 No 49

113

Local Government (Work on Private

Land)

Amendment Act 1989 No 210

113

Contents page 9

New South Wales

Statute Law Revision (Local Government) Act 1 9 9 5 No 1 1

Act No 11, 1995

An Act to amend certain Acts and to repeal certain other Acts and a regulation as a consequence of the enactment of the Local Government Act

1993; and for other purposes. [Assented to 9 June 1995]

Clause 1

Statute Law Revision (Local Government) Act 1995 No 11

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Statute Law Revision (Local Government) Act

1995.

2 Commencement

(1)

This Act commences on a day or days to be appointed by

proclamation, except as provided by this section.

(2)

The amendments to the Local Government Act 1919 in Schedule 1, and section 3 in its application to those amendments, are taken to have commenced on 1 January 1995.

3 Amendment of Acts

Each Act specified in Schedule 1 is amended as set out in that

Schedule.

4 Repeals

Each Act and the instrument specified in Schedule 2 is repealed.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Amendment of Acts

(Section 3 )

1.1	Aboriginal Land R ights Act 1983 No 42
[1]	Section 43 Exemption of Aboriginal lands from the payment of rates
Omit section 43 (1) (a). Insert instead:

(a)	the Local Government Act 1993,

[2] Section 44 Proceedings for non-payment of certain rates for Aboriginal lands barred

Omit section 44 (a). Insert instead:

(a)	the Local Government Act 1993,

1.2

AIbury-Wodonga D evelopm ent Act 1974 No 47

[1]

Section 4 Definitions

Omit the definitions of council and local government area from

section 4 (1).

Insert instead in alphabetical order:

council has the same meaning as it has in the Local

Government Act 1993.

local government area has the same meaning as area

has in the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 15 Corporation to comply with building standards

Omit “any ordinance made pursuant to Part 11 of the Local

Government Act 1919” from section 15 (1).

Insert instead “the Building Code of Australia, as adopted by the

Local Government (Approvals) Regulation 1993, any other

requirements of that Regulation and any other applicable regulations made for the purposes of Chapter 7 of the Local Government Act

1993”.

Section 20 Council functions may be transferred to the

Corporation

Section 20 (1)

Insert “under the Local Government Act 1993” after “functions”.

Section 20 (1)

Omit “Division 4 of Part 7”.

Insert instead “Part 12 of Chapter 15”.

Section 20 (1)

Omit “under the”. Insert instead “or the”.

Section 20 (8)

Insert “the Local Government Act 1993 or” before “the Local

Government Act 1919”.

Section 36 Misuse of information

Omit section 36 (6) (d). Insert instead:

(d)	if the person is a councillor or an employee of a council,

P ag e4

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[8] Section 37 Disclosure of interest

Act 1919'' from section 37 (12) (a).

Omit “statutory body within the meaning of the Local Government the regulations to be a statutory body for the purposes of this paragraph”.

1.3

Anti-Discrim ination Act 1977 No 48

[1] Section 4 Definitions

Omit the definition cf council from section 4 (1).

Insert instead:

council means a council or a county council within the

meaning of the Local Government Act 1993.

[2]

Section 49ZU Application of Part

Omit section 49ZU (1) (b). Insert instead:

(b)	1 January 1992—employees of a council,

1.4

Area Health S erv ices Act 1986 No 50

[1]

Section 3 Definitions

Omit the definition of local government area from section 3 (1).

Insert instead:

local government area has the same meaning as area

has in the Local Government Act 1993.

[2 ] Schedule 3 Description of areas of area health services

Omit “Shire” and “Municipality” wherever occurring (except in relation to Sutherland Shire).

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1 .5	Balranald Irrigation Act 1 9 0 2 N o 7 8
Section 2 Repeal, saving and operation
Omit “Local Government Act 1919” from section 2 (5). Insert instead “Local Government Act 1993”.
1 .6	B en n elon g Point (Parking Station) Act 1 9 8 5 N o 1 8 9
[1]	Section 2 Definitions
Omit “Part 11 of the Local Government Act 1919” from section 2 (2) (b). Insert instead “the Local Government Act 1993”.
[2]	Section 8 Application of certain legislation
Omit section 8 (1). Insert instead:

(1)

Except as otherwise provided by this Act or the regulations, the following do not apply to the carrying out of the scheduled works or the approval of the Minister to the carrying out of those works:

(a)	the Environmental Planning and Assessment Act

1979 or an instrument in force under that Act,

(b)	the Local Government Act 1993, or an instrument in force under that Act, in relation to buildings,
(c)	the Roads Act 1993 or an instrument in force under that Act.

1.7

B icentennial Park Trust Act 1 9 8 7 N o 2 9

Section 16 Carrying out of plan of management

Omit “Local Government Act 1919” from section 16 (2).

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.8

B oxing and W restling Control Act 1986 No 11

Section 62A Application of Part and definitions

Omit the definition of public entertainment from section 62A (2).

Insert instead:

public entertainment means:

(a)

entertainment to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission, or

(b)

the entertainment o f

(i)	patrons of any premises licensed under the

Liquor Act 1982 or registered under the

Registered Clubs Act 1976, or

(ii) the public or a section of the public at a building or temporary structure subject to an approval, in force under Part 1 of Chapter 7

of the Local Government Act 1993, for use

as a place of public entertainment (within

the meaning of that Act),

1.9

Building and C onstruction Industry L ong Service

Paym ents Act 1986 No 19

[ 1 ]

Section 3 Definitions

Omit paragraph (b) of the definition of worker from section 3 (1).

Insert instead:

(b)	with a council or a county council within the meaning of the Local Government Act 1993,

P ag e7

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 33 Definitions

Omit “Part 11 of the Local Government Act 1919” from the

definition of building in section 33 (1).

Insert instead “the Local Government Act 1993”.

Section 33 (1)

Omit “Part 11 of the Local Government Act 1919” from the

definition of erection.

Insert instead “the Local Government Act 1993” .

Section 34 Buildings in respect of which long service levy payable

Section 34 (1) (a)

Omit “pursuant to Division 4 of Part 11 of the Local Government Act

1919”.

Insert instead “under Part 1 of Chapter 7 of the Local Government

Act 1993”.

Section 34 (1) (b ) (i)

Omit “a local government area”. Insert instead “an area”.

Section 34 (1) (b) (iii)

Omit “Part 11 of the Local Government Act 1919”.

Insert instead “the Local Government Act 1993”.

Section 34 (3) (a)

Omit “pursuant to Division 4 of Part 11 of the Local Government Act

1919”.

Insert instead “under Part 1 of Chapter 7 of the Local Government

Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[8 ] Section 37 Person liable to pay long service levy

Omit “pursuant to Division 4 of Part 11 of the Local Government Act

1919” from section 37 (1) (a).

Insert instead “under Part 1 of Chapter 7 of the Local Government

Act 1993”.

1.10	Building Services Corporation Act 1989 No 147
[1]	Section 3 Definitions
Omit “an unregistrable movable dwelling within the meaning of Ordinance *No 71* (the Caravan Parks and Movable Dwellings Ordinance) made under the Local Government Act 1919” from the definition of *kit home* in section 3 (1).
Insert instead “a moveable dwelling (within the meaning of the
Local Government Act 1993) that is not capable of being registered
under the Traffic Act 1909”.
[2 ]	Section 29 Definitions
Omit paragraph (b) of the definition of *owner-builder work* in
section 29 (1). Insert instead:

(b)	that is of a kind that, if carried out in an area within the meaning of the *Local* Government Act

1993, requires approval under Part 1 of Chapter 7

of that Act,

[3] Section 49 Definitions

Omit “Ordinance” from paragraph (d) of the definition of defective

kit home in section 49 (1).

Insert instead “a regulation”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[4 ] Section 92 When comprehensive protection applies

Omit section 92 (1) (c). Insert instead:

(c)	the work is of a kind that requires approval under Part 1 of Chapter 7 of the Local Government Act

1993, and

[5 ] Section 135 Proceedings for certain offences under other Acts

Omit “Local Government Act 1919” from section 135 ( f ) .

Insert instead “Local Government Act 1993”.

1.11

B u sh F ires Act 1 9 4 9 N o 31

[1] Section 6 Definitions

Omit the definitions of Area and Council.

Insert instead in alphabetical order:

Area has the same meaning as it has in the Local

Government Act 1993.

Council means a council or a county council within the

meaning of the Local Government Act 1993.

[2 ] Section 7 Bush fire danger period

Omit “he has been so authorised under section 530A of the Local

Government Act 1919, the mayor or deputy-mayor or the president or

Local Government Act 1993, the mayor or deputy mayor”.

deputy-president” from section 7 (2). under section 377 of the

[3] Section 7 (2B)

Omit “authorised”. Insert instead “who has such a delegation”

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 10 Requirements to be complied with by persons lighting certain c la sses of fires

Omit “he has been so authorised under section 530A of the Local

Government Act 1919 the mayor or deputy-mayor or the president or

deputy-president” from section 10 (5A). under section 377 of the Local Government Act 1993, the mayor or deputy mayor”.

Section 10 (5B)

Omit “authorised as mentioned”.

Insert instead “who has a delegation referred to”.

Section 14 Fire hazard reduction work in default of compliance with notice

Omit “servants, agents or workmen” wherever occurring.

Insert instead “employees or agents”.

Section 14 (1A)

Omit “Local Government Act 1919”.

Insert instead “Local Government Act 1993

Section 17 Emergency fire controllers and deputy emergency fire controllers

Section 17 (3 )

Omit “or president” wherever occurring.

Section 17 (4) (a) and (d)

Omit “or president” wherever occurring.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 17 (4) (b) and (e)

Omit “or presidents” wherever occurring.

Section 23 Captains not to be em ployees of councils

Omit “a servant”. Insert instead “an employee”.

Section 33 Determination of contributions of councils

Omit “general rate” wherever occurring from section 33 (2).

Insert instead “ordinary rate”.

Section 53 Consolidated fund of councils

Omit “shall be deemed to be a general purpose within the meaning of section 107 (2) of the Local Government Act 1919” from section 53 (1).

Insert instead “are purposes to which the consolidated fund of a council may be applied under section 409 of the Local Government

Act 1993”.

[14] Section 53 (2)

Omit section 53 (2). Insert instead:

(2)

For the purposes of section 495 of the Local Government

Act 1993, any work relating to the prevention and

suppression of bush and other fires is work in respect of

which a council may make a special rate.

[15] Section 56A Evidence

Omit “president or town or shire clerk” from section 56A (b).

Insert instead “general manager of the council”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[16] Schedule 3

Omit the Schedule. Insert instead:

S c h e d u le 3

L im ited

p o w ers—p rescrib ed

a r ea s

(Section 41I)

Cities of:

Armidale	Holroyd
Bankstown	Hurstville
Bathurst	Lake Macquarie
Blacktown	Lismore
Blue Mountains	Liverpool
Campbelltown	Maitland
Canterbury	Newcastle
Coffs Harbour	Parramatta
Dubbo	Penrith
Fairfield	Queanbeyan
Gosford	Randwick
Goulburn	Ryde
Grafton	Shoalhaven
Greater Cessnock	South Sydney
Greater Lithgow	Sydney
Greater Taree	Willoughby
Hawkesbury	Wollongong
*Areas of:*
Ashfield	Botany
Auburn	Brewarrina
Ballina	Burwood
Balranald	Byron
Barraba	Camden
Baulkham Hills	Casino
Bega Valley	Concord
Bellingen	Coolah
Blayney	Cooma-Monaro
Bombala	Coonabarabran

P age

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Coonamble	Nambucca
Copmanhurst	Narrabri
Cowra	Narromine
Crookwell	North Sydney
Deniliquin	Nundle
Drummoyne	Nymboida
Dumaresq	Oberon
Dungog	Port Stephens
Eurobodalla	Quirindi
Evans	Richmond River
Forbes	Rockdale
Gilgandra	Rylstone
Glen Innes	Scone
Gloucester	Severn
Great Lakes	Shellharbour
Gunnedah	Singleton
Gunning	Snowy River
Guyra	Strathfield
Hastings	Sutherland Shire
Hay	Tallaganda
Hornsby	Tenterfield
Hunter's Hill	Tumut
Inverell	Tweed
Kempsey	Ulmarra
Kiama	Uralla
Kogarah	Urana
Ku-ring-gai	Wakool
Kyogle	Walcha
Lane Cove	Walgett
Leeton	Warren
Leichhardt	Warringah
Lockhart	Waverley
Maclean	Weddin
Manly	Wingecarribee
Marrickville	Wollondilly
Merriwa	Woollahra
Moree Plains	Wyong
Mosman	Yallaroi
Mulwaree	Yarrowlumla
Murrurundi	Yass
Muswellbrook

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1 .1 2	B u s in e ss Franchise L icen ces (Tobacco) Act 1 9 8 7 N o 93
Section 69 Disclosure of information
Omit section 69 (2) (g). Insert instead:

(g)	a council within the meaning of the *Local*

Government Act 1993, or

1.13

C asino Control Act 1992 N o 15

Section 90 Application of certain provisions of the Local

Government Act 1993

Omit section 90 (1). Insert instead:

For the purposes of Parts 1 and 2 o f ' Chapter 7 of the

Local Government Act 1993:

(a)	a casino is to be considered to be a place of public entertainment, and
(b)	the conduct of operations in a casino is to be considered to be use as a place of public entertainment.

1 .14

C atchm ent M anagem ent Act 1 9 8 9 N o 2 3 5

[1]

Section 30 Carrying out of corporate plan

Omit “Local Government Act 1919” from section 30 (2).

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[2] Schedule 2 Urban area

Omit paragraphs (a)-(c). Insert instead:

(a)	the City of Bankstown, Blacktown, Blue Mountains, Campbelltown, Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hurstville, Lake Macquarie, Liverpool, Newcastle, Parramatta, Penrith, Randwick, Ryde, Shoalhaven, South Sydney, Sydney, Willoughby or Wollongong, or
(b)	the local government area of Ashfield, Auburn, Baulkham Hills, Botany, Burwood, Camden, Concord, Drummoyne, Hornsby, Hunter's Hill, Kiama, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Manly, Marrickville, Mosman, North Sydney, Rockdale, Shellharbour, Strathfield, Sutherland Shire, Warringah, Waverley, Wingecarribee, Wollondilly, Woollahra or Wyong.

1.15	Centennial Park and M oore Park Trust Act 1983 N o 145
Section 12D Certain Acts not affected
Omit “Local Government Act 1919”. Insert instead “Local Government Act 1993”.
1.16	Chipping Norton Lake Authority Act 1977 N o 38
Section 10 Certain work and structures require consent of Authority
Omit section 10 (6). Insert instead:

(6)	An appeal against a decision of the Authority under this section or against any neglect or delay by the Authority in giving a decision under this section lies to the Land and Environment Court in the same way as an appeal lies under section 176 of the Local Government Act 1993.

Page16

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.17	City o f Syd n ey Act 1988 N o 48
[1]	Section 14 Definitions
Omit “town clerk” wherever occurring from section 14 (3) (b). Insert instead “general manager”.
[2]	Section 15
Omit the section. Insert instead:

15 Right to be enrolled a s an elector

(1)

A person is entitled to be enrolled as an elector for the

City of Sydney if the person is:

(a)	an owner, ratepaying lessee or occupier of rateable land in the City of Sydney, or
(b)	a resident of the City of Sydney.

(2)

Sections 269-271 ofthe Principal Act do not apply to the

City of Sydney.

[3 ] Section 16 Provisions relating to right to be enrolled as an elector

Omit “have the requisite qualification of an elector” from section

16 (1).

Insert instead “be entitled to be enrolled as an elector”.

[4] Section 16 (4)

Omit section 16 (4). Insert instead:

(4)	If a person is entitled to be enrolled as an elector because the person is a resident of the City of Sydney, the person is taken not to be entitled to be enrolled as an elector in any other capacity.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[5] Section 1 7

Omit the section. Insert instead:

1 7 Roll of electors

In the application of Division 2 of Part 6 of Chapter 10 of the Principal Act to an election for the City of Sydney:

(a)	a reference in that Division to the non-residential roll or the roll of occupiers and ratepaying lessees is to be read as a reference to the roll prepared by the general manager of the City of Sydney under section 19 of persons entitled under section 15 (1) (a) to be electors, and
(b)	a reference in that Division to persons entitled to be enrolled as electors because they are residents of an area is to be read as a reference to persons entitled under section 15 (1) (b) to be electors.

[6 ] Section 1 8 List of electors for compulsory enrolment on non-residential roll

Section 18 (1), (4), (6) and (7)

Omit “town clerk” wherever occurring.

Insert instead “general manager”.

[7 ] Section 1 8 (1)

to be electors”.

Omit “clerk, have the requisite qualifications under section 15 (1) (a) to be enrolled as electors”.

[8 ] Section 1 8 (2)

Omit “section 55”. Insert instead “section 266 (2)

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 18 (5)

Omit section 18 (5). Insert instead:

(5)	The general manager must, within 7 days after the claim or objection is lodged, consider it and may allow or disallow it.

Section 18 (6 ) (a)

Omit “town clerk's”. Insert instead “general manager's”.

Section 18 (7 )

Insert “by the regulations for the purposes of section 303 (3) of the

Principal Act” after “in the manner prescribed”.

Section 18 (8)

Omit the subsection.

Section 19 Non-residential roll

Section 19 (1)

Omit “town clerk”. Insert instead “general manager”.

Section 19 (1)

Omit “who had, on that date, the requisite qualifications under

section 15 (1) (a) to be electors”.

Insert instead “who were, on that date, entitled under section

15 (1) (a) to be enrolled as electors”.

Section 19 (4)

Omit “Section 65A of the Principal Act (Non-residential roll) does

not”.

Insert instead “Sections 299 and 300 of the Principal Act do not”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 19 (5)

Omit section 19 (5). Insert instead:

(5)	In this section, *closing date,* for an election, has the same meaning as it has for an election under the Principal Act.

Section 20 Voting by electors not enrolled

Omit the section.

Section 21 Voting where secretary of corporation enrolled as elector

Section 21 (1) (a)

Omit “has the requisite qualification of an elector”.

Insert instead “is entitled to be enrolled as an elector for the City of

Sydney”.

Section 21 (1) (b)

Omit “town clerk”. Insert instead “general manager”.

Section 21 (2) (c)

Omit “does not have a requisite qualification of an elector”. Insert instead “is not entitled to be enrolled as an elector”.

Section 22 Compulsory voting at elections and constitutional referendums

Section 22 (1)

Omit section 22 (1). Insert instead:

(1)	A person who is entitled to vote at an election of councillors, or at a constitutional referendum, for the City of Sydney, must record his or her vote at the election or the constitutional referendum unless the person has sufficient reason not to vote.
Maximum penalty: 1 penalty unit.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 22 (2)

Omit “sections 74B-74F ofthe Principal Act (Compulsory voting)” . Insert instead “Division 4 of Part 6 of Chapter 10 (except section 312) of the Principal Act”.

Section 22 (2) (a) and (3 )

Omit section 22 (2) (a) and (3).

Section 22 (2) (b) and (c)

Omit “those sections” wherever occurring.

Insert instead “those provisions”.

Schedule 1 The Planning Committee

Clause 2 (1)

Omit clause 2 (1). Insert instead:

(1)

An ordinary election of elected members is to be held:

(a)	at the same time as the election of the Lord Mayor by the councillors under section 290 (1) (a) o f the Principal Act, or
(b)	at a meeting of the City Council held within 3 weeks of the election of the Lord Mayor by electors of the City of Sydney under section 289 of the Principal Act.

Schedule 1, clause 6

Omit “general fund”. Insert instead “consolidated fund” .

Schedule 1 , clause 7 (a)

Omit clause 7 (a). Insert ins tead:

(a)	a casual vacancy occurs under the Principal Act in the civic office of the member, or

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[28] Schedule 1, clause 8 (1) (g)

Omit clause 8 (1) (g). Insert instead:

(g)	becomes a mentally incapacitated person, or

[29] Schedule 1 , clause 16

Omit clause 16. Insert instead:

16 Application of Local Government (Meetings) Regulation

1993

Part 1 of Chapter 4 and Division 2 of Part 2 of Chapter 12 of the Principal Act and the Local Government

(Meetings) Regulation 1993 apply to and in respect of

the members of the Planning Committee in the same way as they apply to and in respect of councillors of a council, except in so far as provision is otherwise made by or under this Act.

[30] Schedule 1, clause 18

Omit “town clerk”. Insert instead “general manager”.

[31] Schedule 3 Savings, transitional and other provisions

Omit clauses 2, 3, 9, 23 and 24.

1 .18	Clean Air Act 1961 No 69
Section 5 Definitions
Omit the definition of *Local authority* from section 5 (1).
Insert instead:

Local authority means the council of an area within the

meaning of the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1 .1 9	C lean Waters Act 1 9 7 0 N o 7 8
Section 5 Definitions
Omit the definition of *local authority.* Insert instead:

local authority means:

(a)	the council of an area within the meaning of the

Local Government Act 1993, or

(b)	the Western Lands Commissioner, or
(c)	the Lord Howe Island Board.

1 .2 0	C oal M ines R egulation Act 1 9 8 2 N o 6 7
[1]	Section 123 Certain unenclosed shafts or outlets to be public nuisances
section 288 of the Local Government Act 1919”.
Omit “shall be deemed to be a public nuisance for the purposes of section 125 of the Local Government Act 1993”.
[2]	Section 145L Disused and abandoned plants
Omit “section 288 of the Local Government Act 1919” from section 145L (3). Insert instead “section 125 of the Local Government Act 1993”.
1.21	C oastal Protection Act 1 9 7 9 N o 1 3
[ 1 ]	Section 4 Definitions
Omit the definition of *council* from section 4 (1). Insert instead:

council means a council or a county council within the

meaning of the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[2] Section 9 Members

Omit “an alderman or

from section 9 (2) (g).

Insert instead “a”.

Commons Management Act 1 9 8 9 No 1 3

Section 3 Definitions

Omit the definitions of local authority and local government area

from section 3 (1).

Insert instead in alphabetical order:

local authority means a council within the meaning of

the Local Government Act 1993.

local government area has the same meaning as area

has in the Local Government Act 1993.

Section 7 Power of the Minister to appoint a local authority to manage the affairs of a trust

Omit “Local Government Act 1919” from section 7 (11).

Insert instead “Local Government Act 1993”.

Community Land Development Act 1989 No 201

Section 3 Definitions

Omit the definitions of consent authority, public authority and

public reserve from section 3 (1).

Insert instead in alphabetical order:

consent authority, in relation to the giving of an

approval, a consent or a certificate, means the council that has as a function the giving of the approval, consent or certificate under the Local Government Act 1919, the

Environmental Planning and Assessment Act 1979 or

Chapter 7 of the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

public authority includes a council within the meaning

of the Local Government Act 1993.

public reserve has the same meaning as it has in the

Local Government Act 1993.

1.24	Com m unity Land M anagem ent Act 1989 No 202
Section 3 Definitions
Omit the definitions of *consent authority, public authority* and
*public reserve* from section 3 (1).
Insert instead in alphabetical order:

consent authority”, in relation to the giving of an

approval, a consent or a certificate, means the council that has as a function the giving of the approval, consent or certificate under the Local Government Act 1919, the

Environmental Planning and Assessment Act 1979 or

Chapter 7 of the Local Government Act 1993.

public authority includes a council within the meaning

of the Local Government Act 1993.

public reserve has the same meaning as it has in the

Local Government Act 1993.

1.25	C onstruction Safety Act 1912 No 3 8
Section 22 Regulations
Omit section 22 (2) (b1) (i). Insert instead:

(i) in all areas (within the meaning of the Local

Government Act 1993) other than those

specified in the regulations, or in those areas (or parts of areas) that are specified in the regulations, without first obtaining the approval of the council of the area,

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.26

C onversion o f C em eteries Act 1974 N o 1 7

[1]

Section 4 Definitions

Omit the definitions of area and council.

Insert instead in alphabetical order:

area has the same meaning as it has in the Local

Government Act 1993.

council has the same meaning as it has in the Local

Government Act 1993.

[2 ] Section 5 Act to have effect notwithstanding Local Government Act 1919

Omit the section.

[ 3 ] Schedule 1 Application of Act to land described in Schedule 2

Omit “Council of the Shire of Wellington” from the definition of

council in clause 2 (2).

Insert instead “Wellington Council”.

1.27	C onveyancing Act 1919 No 6
Section 89 Power of Court to modify or extinguish easem en ts and certain covenants
Omit “municipality or shire” from section 89 (4). Insert instead “area (within the meaning of the Local Government
Act 1993)”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.28	C rim es Act 1900 No 40
[1]	Section 249H Disqualification for office
Omit “for a civic office, within the meaning of the Local
Government Act 1919”.
Insert instead “from holding civic office for the purposes of the
Local Government Act 1993”.
[2]	Section 525 Stealing or damaging books and other things in public library and other places
Omit “the council of any municipality”. Insert instead “a council (within the meaning of the Local
Government Act 1993)”.
[3]	Section 526 Term “Public Library”
Omit “municipality”. Insert instead “the residents of any area (within the meaning of the
Local Government Act 1993)”.
1 .2 9	Criminal R ecords Act 1 9 9 1 N o 8 Section 17 Civic office
Omit “section 30 of the Local Government Act 1919”. Insert instead “section 274 or 275 of the Local Government Act
1993”.
1.30	Crown Lands (C ontinued Tenures) Act 1 9 8 9 N o 7 Schedule 3 Transfer restrictions
Omit “as defined in the Local Government Act 1919” wherever occurring from paragraph (a) of the definition of *public authority* in clause 2 (3) of Part 1 and clause 2 (3) of Part 2.
Insert instead “within the meaning of the Local Government Act
1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Dairy Industry Act 1979 No 208

Section 6 Saving of certain Acts and other matters

Omit “Local Government Act 1919”.

Insert instead “Local Government Act 1993”.

Section 6

Omit “, ordinances” wherever occurring.

Darling Harbour Authority Act 1984 No 103

Section 3 Definitions

Omit the definition of owner from section 3 (1).

Insert instead:

owner has the same meaning as it has in the Local

Government Act 1993.

Section 23G Protection of scheduled works

Omit “Local Government Act 1919” from section 23G (4).

Insert instead “Local Government Act 1993”.

Section 23J Application of certain legislation

Section 23J (1) (a)

Omit “Parts 11 and”. Insert instead “Part”.

Section 23J (1) (a1)

Insert after section 23J (1) (a):

(a1) the Local Government Act 1993 in relation to

buildings,

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[5 ] Section 23J (2) and (3)

Omit “Local Government Act 1919” wherever occurring.

Insert instead “Local Government Act 1993”.

[6] Section 59 Application of certain legislation within Development Area

Section 59 (1) (b) and (3 ) (b)

Omit “Parts 11 and” wherever occurring Insert instead “Part”.

[7] Section 59 (1) (b1)

Insert after section 59 (1) (b):

(b1) the Local Government Act 1993 in relation to

buildings,

[8 ] Section 59 (2) (a)

Omit “ , municipality or shire”. Insert instead “or an area”

[ 9 ] Section 59 (2) (b)

Omit “Local Government Act 1919”.

Insert instead “Local Government Act 1993”

[10] Section 59 (2) (c)

Omit “, municipality or shire”. Insert instead “or an area”.

[11] Section 59 (2) (d)

Omit “Local Government Act 1919”.

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[12] Section 59 (3 ) (b1)

Insert after section 59 (3) (b):

(b1) the Local Government Act 1993 in relation to

buildings,

[13] Section 61 Misuse of information

Omit “a servant” from section 61 (6 ) (d).

Insert instead “an employee”.

1 .33

D eb its Tax A ct 1990 N o 112

Section 3 Definitions

Omit “Local Government Act 1919" wherever occurring from paragraphs (a) (iv) (C) and (a) (vii) (C) of the definition of excluded debit in section 3 (1).

Insert instead “Local Government Act 1993”.

1 .34	D en tists A ct 1989 N o 139 Section 5 Professional misconduct
Omit “Local Government Act 1919” from section 5 (4) (d). Insert instead “Local Government Act 1993”.
1 .35	D o g A ct 1966 N o 2
[1]	Section 4 Definitions Section 4 (1)
Omit the definitions of *Area* and *Council.*
Insert instead in alphabetical order:

Area has the same meaning as it has in the Local

Government Act 1993.

has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 4 (1)

Omit the definitions of Municipality and Shire.

Section 4 (1)

Omit “a servant” from the definition of Registration clerk.

Insert instead “an employee”.

Section 5 Liability of owners of dogs

Omit “a municipality or shire” wherever occurring from section 5

(1) (a) and (a1).

Insert instead “the area of a council”.

Section 10 Seizure of	d o g s
Section 10 (1)

Omit “a municipality or shire”.

Insert instead “the area of a council”.

Section 10 (1)

Omit “a servant”. Insert instead “an employee”.

Section 10 (2)

Omit “servant”. Insert instead “employee”.

Section 11 Procedure after dog is seized

Omit “servant” wherever occurring from section 11 (1) and (5).

Insert instead “employee”.

Section 21A Requirement to state name and address

Omit “A servant” from section 21 A (1).

Insert instead “An employee”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 21A (3)

Omit “servant”. Insert instead “employee”.

Section 23 Powers and duties of council

Omit “The council of a municipality or shire shall”.

Insert instead “Each council must”.

Section 23 (c)

Omit “a servant”. Insert instead “an employee”.

Section 24 Power of entry

Omit “a servant”. Insert instead ‘‘an employee”.

Section 26 Council's receipts and expenditure to be paid to and from its consolidated fund

Omit “general fund” from section 26 (1).

Insert instead “consolidated fund”.

Section 26 (2)

Omit section 26 (2). Insert instead:

(2)	The cost of the administration of this Act incurred by a council must be paid, in accordance with the Local
Government Act 1993, from the council's consolidated
fund.

Section 27 Regulations

Omit “a servant” from section 27 (1) (b).

Insert instead “an employee”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.36

Drainage Act 1939 No 29

[1 ]

Section 4 Definitions

Insert “or any .other body prescribed by the regulations for the purposes of this paragraph” after “representing the Crown” in the

definition of Owner.

[2 ]

Section 4

Omit the definition of Statutory body representing the Crown.

[3 ]

Section 5 Certain Acts not affected

Insert “or the Local Government Act 1993”

after “Local

Government Act 1919”.

[4 ]

Section 48 Liability of occupier

council” from section 48 (4).

Omit “the servant, of the Crown, or of any shire or municipal employee of any council (within the meaning of the Local

Government Act 1993)”.

[5 ]

Section 55 Sale of land for rates

Omit section 55 (2). Insert instead:

(2)	Division 5 of Part 2 of Chapter 17 of the Local
Government Act 1993 applies to the sale of land under
this section as if the board were a council within the meaning of that Act.
(3)	For the purposes of subsection (2), a reference in those provisions to the general manager or public officer of a council is taken to be a reference to the appropriate officer of the board.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

(4)

For the purposes of subsection (2) and the application of section 716 (3) of the Local Government Act 1993, land may be sold to the board, a member of the board, a relative of a member of the board, a member of staff of the board or a relative of a member of staff of the board in the case of sale by public auction, but may not be so sold in the case of sale by private treaty.

Section 69 Plans of drainage

Omit “meanings ascribed thereto respectively in the Local

Government Act 1919” from section 69 (2).

Insert instead “same meanings as they have respectively in the Local

Government Act 1993”.

Section 79

Insert after section 78:

79 Savings and transitional provisions

Schedule 2 has effect.

Schedule 2

Insert after the Schedule:

S c h e d u le

S a v in g s

an d

transitional

p ro v is io n s

1 Regulations

(1)	The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the
Statute Law Revision (Local Government) Act 1995.
(2)	A provision referred to in subclause (1) may, if the regulations so provide, take effect from the commencement of this Act or from a later date.
(3)	To the extent that a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of publication, or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of publication.

2 Transitional provision for the recovery of rates

(1)	A rate levied in respect of land within a district that has not been paid before the amendment of section 55 by the
Statute Law Revision (Local Government) Act 1995 may
be recovered as if the section had not been so amended.
(2)	Proceedings for the recovery of such a rate commenced, but not completed, before that amendment may be completed as if the section had not been so amended.

1 .37	E lection Funding A ct 1981 N o 78
[1]	Section 9 Eligibility for appointment
Omit section 9 (1) (d). Insert instead:

(d)	is a councillor or mayor of a council, or chairperson or member of a county council, under the Local Government Act 1993 or is a candidate for election to such an office,

[2 ] Section 13 Vacation of office

Omit section 13 (1) (i). Insert instead:

(i) if the member or alternate becomes a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local

Government Act 1993 or is a candidate for election

to such an office,

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1 .38	Electricity A ct 1945 (1946 N o 13)
[1]	Section 7K Building approvals for electricity distributor's equipment
Omit “Part 11 of the Local Government Act 1919” from section 7K (1). Insert instead “Part 1 of Chapter 7 of the Local Government Act
1993”.
[2]	Section 7K (2)
Omit “Part 11 of the Local Government Act 1919 and of any ordinances”. Insert instead “Part 1 of Chapter 7 of the Local Government Act
I993 and of any regulations”.
[3]	Section 37 Regulations
Omit “Local Government Act 1919 or of any ordinance” from section 37 (2) (rr). Insert instead “Local Government Act 1993 or of any regulation”.
[4]	Section 37 (5)
Omit section 37 (5). Insert instead:

(5)	A regulation under this Act prevails over a regulation made under the Local Government Act 1993, to the extent of any inconsistency.

[5] Schedule 7 Electricity distributors

Omit “Shire” and “Municipality” wherever occurring.

[6] Schedule 11 Savings, transitional and other provisions

Omit clause 8 (1). Insert instead:

(1)

Subject to the regulations, the provisions of the Local

Government Act 1993 and the regulations made under

that Act relating to defunct county councils do not apply

to or in respect of an electricity distributor.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[7] Schedule 11, clause 8 (2)

Omit “Local Government Act 1919 and the ordinances”.

Insert instead “Local Government Act 1993 and the regulations”.

1.39

Electricity C om m ission Act 1 9 5 0 N o 22

[1] Section 3 Definitions

Omit the definition of Area from section 3 (1).

Insert instead:

Area has the same meaning as it has in the Local

Government Act 1993.

[2] Section 6B Disclosure of interest by com m issioners

Omit “council or statutory body within the meaning of the Local

Government Act 1919” from section 6B (3) (a).

Insert instead “council within the meaning of the Local Government

Act 1993 or any statutory body”.

[3 ]

Section 11 Contracts

Omit section 11 (4).

1.40

E nvironm ental O ffen ces an d P en a lties A ct 1989 N o 150

Section 24 Appointment of persons to exercise certain functions

Omit “of a county district” from section 24 (1) (b).

Insert instead “within the meaning of the Local Government Act

1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.41	Environm ental P lanning and A sse ssm e n t Act	1979
No 203
[1]	Section 4 Definitions

Omit the definitions of area, council and owner from section 4 (1).

Insert instead in alphabetical order:

area has the same meaning as it has in the Local

Government Act 1993.

council has the same meaning as it has in the Local

Government Act 1993.

owner has the same meaning as it has in the Local

Government Act 1993.

[2] Section 23 Delegation

Omit “servant” from section 23 (1) (e).

Insert instead “employee”.

[3] Section 26 Contents of environmental planning instruments

Omit “Local Government Act 1919” from section 26 (c).

Insert instead “Local Government Act 1993”.

[4]

Section

118

Appointment

environmental

planning

administrator

Omit “general fund” from section 118 (7).

Insert instead “consolidated fund”.

[5] Section 118 (8) (b)

Omit “servants” wherever occurring. Insert instead “employees”

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 137 Charges and fees fixed by regulation

Omit “ordinance,” from section 137 (1).

Section 143 Assessm ent of loan commitments

Omit “general fund” from section 143 (3).

Insert instead “consolidated fund”.

Section 154 Transfer or amalgamation of land to which an environmental planning instrument applies

Omit “Local Government Act 1919” from section 154 (4 ) .

Insert instead “Local Government Act 1993”.

Environmentally Hazardous Chemicals Act 1 9 8 5 No 1 4

Section 3 Definitions

Omit “Local Government Act 1919” from paragraph (a) of the

definition of public place in section 3 (1).

Insert instead “Local Government Act 1993”.

Factories, Shops and Industries Act 1962 No 43

Section 4 Definitions

Omit “municipal, shire, or county council” from section 4 (2) (f). Insert instead “council or a county council within the meaning of the

Local Government Act 1993”.

Section 9 Definitions

Omit “municipal, shire or county council” from paragraph (a) of the

definition of Local government industry in section 9 (1).

Insert instead “council or a county council within the meaning of the

Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[3 ] Section 11 Registration of factories

Omit “ordinances made under the Local Government Act 1919''

from section 11 (3B) (b).

Insert instead “regulations made under the Local Government Act

1993”.

[4 ] Section 11 (36) (b)

Omit “those ordinances”. Insert instead “those regulations”.

[5 ] Section 89B Exemption of holiday resorts

Omit “the area or a part of the area of a municipality or shire outside the County of Cumberland, the City of Newcastle and the City of Greater Wollongong” from section 89B (1).

Insert instead “all or part of an area (within the meaning of the Local

Government Act 1993) outside the County of Cumberland, the area of the City of Newcastle and the area of the City of Wollongong”.

[6 ] Section 89B (2)

Omit “municipality or shire of the”.

1.44

Fair Trading Act 1987 No 68

Schedule 1 Paramount legislation

Omit “Local Government Act 1919”.

Insert instead “Local Government Act 1993”

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.45

Farm P rod u ce A ct 1983 N o 30

Section 55 Regulations

Omit section 55 (2). Insert instead:

(2)	Theprovisions of any regulation made under this section prevail over the Local Government Act 1993, and any regulation made under that Act, to the extent of any inconsistency.

1 .46

Film and C om puter G am e C lassification A ct 1984

N o 155

[1]

Section 3 Definitions

Insert in alphabetical order in section 3 (1):

theatre or public hall has the same meaning as it has in

the Local Government Act 1993.

[2] Section 3 (3 )

Omit section 3 (3).

1 .4 7

Fire B rigades A ct 1989 N o 192

[1]

Section 3 Definitions

Omit the definition of local government area from section 3 (1).

Insert instead:

local government area has the same meaning as area

has in the Local Government Act 1993.

[2] Section 52 How contribution is to be funded Section 52 (1)

Omit “general fund”. Insert instead “consolidated fund”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[3 ] Section 52 (2)

Omit section 52 (2). Insert instead:

(2)	If this Act applies to part only of a local government area, the council is required to pay the required contribution out of the consolidated fund or raise the required amount by a special rate under the Local
Government Act 1993 on the land value of rateable land
in the part.

[4 ] Section 52 (3 )

Omit “Local Government Act 1919 to the contrary, no poll of council poll”.

ratepayers”.

[5 ] Section 52 (4)

Omit “local rate”. Insert instead “special rate”.

1 .48	F ish er ies A ct 1935 N o 58
Section 120 Regulations
Omit “the council of a municipality or shire” from section 120 (2) (x). Insert instead “a council under the Local Government Act 1993”.
1 .49	F oo d A ct 1989 N o 231
[1]	Section 3 Definitions
Omit “Local Government Act 1919” from the definition of *council* in section 3 (1). Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 79 Appointment and powers of inspectors

Omit “health surveyor” from section 79 (2).

Insert instead “person”.

Section 80 Control of council appointments

Omit “health surveyor” from section 80 (3).

Insert instead “person”.

Forestry Act 1916 No 55

Section 11 Powers and duties of the commission

regulations for the purposes of this section or any council (within the meaning of the Local Government Act 1993)”.

Omit “statutory body, or council, within the meaning of the Local

Government Act 1919 ' " from section 11 (lA).

[2] Section 25A Flora reserves

Omit “a municipality or shire” from section 25A (5) ( f ) .

Insert instead “an area (within the meaning of the Local Government

Act 1993)”.

Section 25A (5) (f)

Omit “general fund”. Insert instead “consolidated fund”.

Funeral Services Industry (Days of Operation) Act 1990

No 87

Section 4 Days of operation for burial or cremation services

Omit section 4 (4) (a). Insert instead:

(a)	a council or a county council within the meaning

of the Local Government Act 1993, or

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1 .52	G am ing an d B etting A ct 1912 N o 25 Section 3 Definitions
Omit “is in force under Division 4BA of Part 11 of the Local
Government Act 1919” from the definition of *Street* where secondly
occurring in section 3 (1). public entertainment is in force under Part 1 of Chapter 7 of the
Local Government Act 1993”.
1.53	G a s A ct 1986 N o 213
[1]	Section 3 Definitions
Omit the definition of *local authority* from section 3 (1). Insert instead:

local authority means a council or a county council

within the meaning of the Local Government Act 1993.

[2 ] Section 19 Permission for local authorities to enter certain agreements

Omit section 19 (1) (a). Insert instead:

(a)	establish or acquire an undertaking to supply gas, and supply and install gas fittings and appliances, or to supply liquefied petroleum gas, and supply and install pipes, fittings, apparatus and appliances for use in its consumption or conveyance, or

1 .54	G eographical N a m es A ct 1966 N o 13 Section 2 Definitions
Omit “local government area, urban area or county district under the Local Government Act 1919” from the definition of *Place.* Insert instead “area (within the meaning of the Local Government
Act 1993) or area of operations of a county council (within the
meaning of that Act)”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1 .55	G overnm ent G uarantees A ct 1934 N o 57
Section 3A Guarantees for industrial purposes
Omit “Local Government Act 1919” from section 3A (3). Insert instead “Local Government Act 1993”.
1 .5 6	Health Administration Act 1 9 8 2 N o 1 3 5
[1]	Section 7 Public sector staff
Omit “Local Government Act 1919” from section 7 (3) (c). Insert instead “Local Government Act 1993”.
[2 ]	Section 8 Functions of the Secretary
Omit “Local Government Act 1919” from section 8 (2) ( f ) . Insert instead “Local Government Act 1993”.
1 .5 7	H eritage Act 1 9 7 7 No 1 3 6
[1]	Section 4 Definitions
Omit the definitions of *area, council* and *owner* from section 4 (1). Insert instead in alphabetical order:

area has the same meaning as it has in the Local

Government Act 1993.

council has the same meaning as it has in the Local

Government Act 1993.

owner has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[2] Section 4(1)

Omit “any instrument made under that Act” from the definition of

consent authority.

Insert instead “the Local Government Act 1993, any instruments made under those Acts”.

[3] Section 56 Definition

Omit section 56 (a). Insert instead:

(a)	Part 1 of Chapter 7 of the Local Government Act

1993,

[4 ] Section 56 (h)

Insert after section 56 (g):

(h)	any prescribed provision of the Local Government

Act 1993 or any prescribed provision of any

instrument made under that Act,

[ 5 ] Section 66 Application of Subdivision

Omit “any instrument made under that Act”. made under those Acts”.

[ 6 ] Section 76 Appeal to Minister in respect of prescribed applications

Omit “any instrument made under that Act”. made under those Acts”.

[ 7 ] Section 123 Definitions

Omit paragraph (b) of the definition of rating or taxing authority.

Insert instead:

(b)	a county council established under the Local

Government Act 1993,

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[8] Section 123 Definitions

Omit “the Local Government Act 1919,” from the definition of

valuing law.

[9 ] Section 126 Application of valuing laws to heritage valuations

Omit section 126 (b) and (c).

[10] Section 137A Conflicting orders void

Omit section 137A (a). Insert instead:

(a)	an order of the kind referred to in Order No 4 in the Table to section 124 of the Local Government

Act 1993, or

1.58	H ousing Act 1912 No 7
[1]	Section 4D Housing areas
Omit “municipality” from section 4D (6 ) (c). Insert instead “area (within the meaning of the Local Government
Act 1993)”.
[2]	Section 39 Corporation may assist councils to erect houses
municipalities”.
Omit “Local Government Act 1919, assist the councils of shires and areas (within the meaning of the Local Government Act 1993)”.
[3 ]	Section 40G Miscellaneous powers (cf Act No 65, 1941, s 18)
Omit “ordinances under the Local Government Act 1919” from section 40G (e). Insert instead “regulations under the Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1 .5 9	H ousin g Act 1 9 7 6 N o 62
[1]	Section 4 Definitions
Omit the definition of *council.* Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

[2] Section 15 Dedication of land Section 15 (3 )

Omit “a local government area within the meaning of the Local

Government Act 1919”.

Insert instead “an area within the meaning of the Local Government

Act 1993”.

[3] Section 15 (4)

Omit “local government area”.

Insert instead “area within the meaning of the Local Government Act

1993”.

[4] Section 15 (4)

Omit “the Local Government Act 1919”. Insert instead “that Act”.

[5] Section 19 Exercise of council's powers by Corporation

Insert “or the Local Government Act 1993” after “Local

Government Act 1919” wherever occurring in section 19 (1) and (3).

[6] Section 19 (3 )

Omit “local government area within the meaning of that Act”.

Insert instead “area within the meaning of the Local Government Act

1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1 .6 0	H ousing Act 1 9 8 5 NO 1 6 3
[1]	Section 3 Definitions
Omit the definition of *council* from section 3 (1). Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

[2 ] Section 13 Misuse of information

Omit section 13 (6 ) (c). Insert instead:

(c)	if the person is a councillor or an employee of a council,

1 .6 1

Hunter Valley F lood M itigation Act 1 9 5 6 N o 1 0

[1]

Section 2 Definitions

Omit the definitions of Council and Local government area from

section 2 (1).

Insert instead in alphabetical order:

Council means a council or a county council within the

meaning of the Local Government Act 1993.

Local government area has the same meaning as area

has in the Local Government Act 1993.

[2 ] Section 3 Certain Acts not affected

Insert “or the Local Government Act 1993”

after “Local

Government Act 1919”.

Page49

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[3 ] Section 39 Contribution towards cost of works to protect public and local government works

Omit “section 654 of the Local Government Act 1919, as amended by subsequent Acts, and for the purpose of this subsection any such difference shall be deemed to be a difference which the parties have agreed to submit to the Minister for Local Government for determination in the manner provided in the said section 654” from section 39 (3).

Insert instead “section 742 of the Local Government Act 1993 and for the purpose of this subsection any such difference is taken to be a difference submitted to the Minister administering the Local

Government Act 1993 under section 742 of that Act”.

[4] Section 52 Roads rendered incapable of u se by Constructing Authority to be repaired or replaced

Omit “Local Government Act 1919, as amended by subsequent Acts,

where” from section 52 (4).

Insert instead “Roads Act 1993, where”.

[5] Section 52 (4)

Omit “Local Government Act 1919, as amended by subsequent Acts,

in”.

Insert instead “Roads Act 1993 in”.

1.62

Hunter Water Board (Corporatisation) Act 1991 No 53

Section 16 Area covered by operating licence

Omit section 16 (2) (a). Insert instead:

(a)	a council within the meaning of the Local

Government Act 1993, or

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.63	Independent C om m ission A gainst Corruption Act 1988
No 35
[1 ]	Section 3 Definitions
Omit the definition of *local* *government authority* from section 3 (1). Insert instead:

local government authority means a council or a county council within the meaning of the Local Government Act

1993 or any person or body exercising all or any of the

functions of such a council or county council.

[2 ] Schedule 4 Savings, transitional and other provisions

Omit “In this” from clause 1.

Insert instead “In clauses 1-4 of this” .

[3 ] Schedule 4, clause 5

Insert after clause 4:

Statute Law Revision (Local Government) Act 1995

5 Saving provision

An investigation may be commenced and completed in relation to a reference made in accordance with this Act before the amendment of section 3 by the Statute Law Revision (Local Government) Act 1995 in respect of an urban committee or a person or body exercising all or any of the functions of such a committee as if that section had not been so amended.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.64

Industrial R elations Act 1991 No 34

Section 434 Rules to provide conditions for imposing of levies and making of donations or other payments for political objects by organisations

Omit the definition of public office from section 434 (4).

Insert instead:

public office means:

(a)	civic office within the meaning of the Local Government Act 1993, or
(b)	the office of a member of any public body that has power to raise money, either directly or indirectly, by means of a rate.

1.65	Irrigation Act 1912 No 73
[ 1 ]	Section 3 Definitions
Insert in alphabetical order:

Local government area has the same meaning as area has in the Local Government Act 1993.

[2 ] Section 11 H Agreements for the supply of electricity

Omit “municipality or shire” wherever occurring from section 11H

(1) and (2).

Insert instead “local government area” .

[3 ] Section 20 Certain land exempted from rates Section 20 ( 1 ) , ( 5) and (6)

Omit “Local Government Act 1919” wherever occurring.

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[4 ] Section 20 (1)

Omit “ratable” . Insert instead “rateable” .

[5 ] Section 20 (2) and (3)

Omit “sections 15, 16, 17, 18, 19, and 20 of the Local Government

Act 1919” wherever occurring.

Insert instead “Part 1 of Chapter 9 of the Local Government Act

1993”.

[ 6 ] Section 20 (2), (3 ) , (4), (7) and (9) (a)

Omit “municipality or shire” wherever occurring.

Insert instead “local government area” .

[ 7 ] Section 20 (2) and (6)

Omit “municipalities and shires” wherever occurring.

Insert instead “local government areas” .

[ 8 ] Section 20 (4)

Omit “Local Government Act 1919 shall apply, namely, section

16 (g) and (h) and section 21 (1) (k), (q) and (r) and (2)” .

Insert instead “Local Government Act 1993 apply, namely, sections

207, 213 and 737” .

[9 ] Section 20 (5)

Omit “Local Government Department” .

Insert

instead

“Department

Local

Government

and

Co-operatives”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 20 (9) (a)

Omit “a general rate and special or local rates”.

Insert instead “an ordinary rate and a special rate”.

Section 20 (9) (a)

Omit “The general rate”. Insert instead “The ordinary rate”.

Section 20 (9) (a)

Omit “the special or local rates”.

Insert instead “the special rate”.

Justices Act 1 9 0 2 No 27

Section 19 Justices—capacity to act in certain ca ses

Omit “an alderman”. Insert instead “a eouneillor”.

Lake Illawarra Authority Act 1 9 8 7 No 2 8 5

Section 6 The Authority

Omit “Municipal” from seetion 6 (4) (b).

Section 17 Vesting of the development area in the Authority

Omit “Local Government Act 1919” from section 17 (3) (e).

Insert instead “Local Government Act 1993”.

Section 19 Certain land vested in the Authority may becom e

Crown land

Omit “Local Government Act 1919"' from seetion 19 (3).

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[4] Section 20 Return of land to council

Omit “Local Government Act 1919” from section 20 (1) (b).

Insert instead “Local Government Act 1993”.

[5 ] Section 22 Staging and financing of development works

Omit “Municipal” from section 22 (2) (b).

1 .6 8	Land A cquisition (Just Terms C om pensation) Act 1 9 9 1
No 22
Section 4 Definitions
Omit paragraph (c) of the definition of *authority of the State* from section 4 (1). Insert instead:

(c)	a council or a county council within the meaning of the Local Government Act 1993, or

1 .6 9	Land S a le s Act 1 9 6 4 N o 12
[1]	Fourth Schedule
Omit “(name of city, municipality or shire)”. Insert instead “(name of local government area)”
[2]	Fourth Schedule
Omit “town/shire clerk's certificate”. Insert instead “general manager's certificate”

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.70

Land Tax Act 1956 No 27

Section 6 Land tax liability in respect of flood liable land

Omit the definition of council from section 6 (1).

Insert instead:

council, in relation to any land, means the council of the

area, within the meaning of the Local Government Act

1993, in which the land is situated.

1 .7 1

Land Tax M anagem ent Act 1956 No 26

[1]

Section 3 Definitions

Omit the definition of Planning instrument from section 3 (1).

Insert instead:

Planning instrument means an environmental planning

instrument, within the meaning of the Environmental

Planning and Assessment Act 1979, and includes a

deemed environmental planning instrument within the

meaning of that Act.

[ 2 ] Section 9A Postponem ent of part of land tax attributable to unutilised value

Omit “section 160C of the Local Government Act 1919” from

section 9A (6).

Insert instead “Division 2 of Part 8 of Chapter 15 of the Local

Government Act 1993”.

[ 3 ] Section 47 Land tax to be first charge on land

Omit “section 602 of the Local Government Act 1919” from section

47 (2A).

Insert instead “section 7 13 of the Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[4] Section 47 (2A)

Omit “section 606”. Insert instead “sections 718 and 719”.

[5] Section 62I Purpose and interpretation of Division

Omit “section 160C of the Local Government Act 1919” from

section 62I (2).

Insert instead “Division 2 of Part 8 of Chapter 15 of the Local

Government Act 1993”.

[6] Section 68 Furnishing of valuation and other lists to Chief Commissioner

Omit “Local Government Act 1919, as amended by subsequent

Acts,”.

Insert instead “Local Government Act 1993”.

1.72

Library Act 1939 No 40

[1] Section 2 Definitions

Omit the definitions of Area, Elector and Local authority.

Insert instead in alphabetical order:

Area has the same meaning as it has in the Local

Government Act 1993.

Elector has the same meaning as it has in the Local

Government Act 1993.

Local authority means a council within the meaning of

the Local Government Act 1993.

[2] Section 10A Restrictions on borrowing entitlements and other matters

Omit “ , ordinance” from section 10A (1).

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.73

Liquor Act 1982 No 147

[1]

Section 4 Definitions

Omit the definitions of airport, local council, public hall and theatre

from section 4 (1).

Insert instead in alphabetical order:

airport means a public airport established and

maintained by a council within the meaning of the Local

Government Act 1993.

local council, in relation to premises or proposed

premises, means the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated.

public hall means a public hall the subject of an

approval in force under Part 1 of Chapter 7 of the Local

Government Act 1993 to use or permit the use of the hall

as a place of public entertainment.

theatre means a theatre the subject of an approval in

force under Part 1 of Chapter 7 of the Local Government

Act 1993 to use or permit the use of the theatre as a place

of public entertainment.

[2 ] Section 40 Application for conditional grant

Omit “Local Government Act 1919” from paragraph (a) of the

definition of approved plan in section 40 (6).

Insert instead “Local Government Act 1993”.

[ 3 ] Section 44 Right of objection to application

Omit section 44 (1) (e). Insert instead:

(e)	a person authorised by the local council for the premises,

Statute Law Revision (Local Government) Act 1995 NO 11

Amendment of Acts

Schedule 1

[4 ] Section 50 Grant of on-licence (airport)

Omit section 50 (a). Insert instead:

(a)	are situated within an airport, and

[5 ] Section 67 Summons to show cause against taking of disciplinary action

Omit section 67 (1) (d). Insert instead:

(d)	a person authorised by the local council for the licensed premises,

[ 6 ] Section 68 Grounds for complaint

Omit section 68 (1) (g1). Insert instead:

(g1) that entertainment has been conducted on the licensed premises otherwise than in accordance with the conditions of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 or the provisions of any regulation made under that Act, or

1 .7 4	L ocal Governm ent Act 1 9 1 9 N o 4 1
[1]	Section 327 Conditions to be observed before opening new roads or subdivision
Omit “section 56” wherever occurring from section 327 (1) (d) (ii) and (2) (b) (ii). Insert instead “section 73”.
[2 ]	Section 331A Subdivision of land within the area of operations
of a water authority
Omit “section 56” wherever occurring from section 331A (2) and (3). Insert instead “section 73”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.75	Local Governm ent Act 1993 N o 3 0
[1 ]	Section 281 Election of councillors partly by wards, partly by area—method 2
Insert at the end of the section:

(3)

If a person is a candidate for election as a councillor by the electors for a ward, the person must not at the same time be a candidate for election as a councillor by the electors for another ward or a candidate for election as a councillor by all the electors for the area, unless the election is for the mayor as such.

[ 2 ] Section 283 Double candidature

Omit section 283 (3).

[ 3 ] Section 320 Registration of political parties

Omit “(except in section 66A)” from section 320 (3) (b).

[ 4 ] Section 422 Appointment of auditors

Insert “and includes the Auditor-General” after “the Corporations

Law” in section 422 (6 ) .

[5 ] Section 509 Maximum general income for a year

Insert “or 508 (2)” after “section 506” in section 509 (1).

[ 6 ] Section 510 Maximum annual charge for domestic waste management services

Insert “or 508 (2)” after “section 507” in section 510 (1).

[ 7 ] Section 511 Catching up of shortfall in general income

Insert “or 508 (2)” after “section 506” in section 511 (1).

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 512 Effect of contravening s 509, 510 or 511

Omit “Section 710” from section 512 (3).

Insert instead “Section 712”.

Schedule 7 Savings, transitional and other provisions consequent on the enactment of this Act

Omit clause 9.

Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of clause 1 (1):

Statute Law Revision (Local Government) Act 1995

Schedule 8, Part 3

Insert after clause 12:

Part 3

P ro v is io n s c o n se q u e n t o n th e

en a ctm en t

th e

S ta tu te

Law

R ev isio n (L ocal

G overnm ent) Act 1995

13 Definitions

In this Part, repealed Act means any of the following

Acts:

(a)

Local Government (Rates and Charges) Act 1986 No 178,

(b)

Local Government (Rates and Charges) Act 1987 No 233,

(c)

Local

Government

(Rates

and

Charges)

Amendment Act 1983 No 175,

(d)

Local

Government

(Rates

and

Charges)

Amendment Act 1984 No 140,

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

(e)

Local

Government

(Rates

and

Charges)

Amendment Act 1985 No 169,

(f)

Local

Government

(Rates

and

Charges)

Amendment Act 1988 No 91,

(g)	Local. Government (Rating) Further Amendment Act 1976 No 99,
(h)	Local Government (Rating) Further Amendment Act 1989 No 157.

14 Continuing effect of repealed Acts

(1)	A council or county council may continue to do anything that it could have done under a repealed Act as if the Act had not been repealed.
(2)	A rate or charge levied or made under a repealed Act or under the power conferred by this clause may be recovered as if it had been levied or made under this Act.

15 Validation of registration of political parties

A political party registered by the Electoral Commissioner before the commencement of the amendment to section 320 (3) (b) made by the Statute

Law Revision (Local Government) Act 1995 is taken to

have been, and always to have been, validly registered if it could have been registered had that provision as so amended been in force when it was registered.

1.76	Lord H ow e Island Act 1953 No 39
[1]	Section 19B Enforcement of plan of management
Omit “section 317B (2), (3), (4), (4A) and (4C) of the Local
Government Act 1919” from section 19B (3).
Insert instead “section 678 (1 ), (2), (3), (4), (5), (6 ) and (8) of the
Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Parkes Shire Council

Parramatta City Council

Parry Shire Council

P-CCC Electricity

Penrith City Council

Pittwater Council

Port Stephens Council

Pricing Tribunal

Prospect Electricity

Queanbeyan City Council

Quirindi Shire Council

Randwick City Council

Rockdale Council

Ryde City Council

Rylstone Shire Council

Scone Shire Council

Shires Association of New South Wales

Shoalhaven City Council

Shortland Electricity

Singleton Shire Council

Snowy River Shire Council

South West Slopes Electricity

Southern Mitchell Electricity

Southern Riverina Electricity

Southern Tablelands Electricity

Strathfield Municipal Council

Sutherland Shire Council

Sydney City Council

Sydney Water Corporation Limited

Tallaganda Shire Council

Tamworth City Council

Technical and Further Education Commission

Temora Shire Council

Tumbarumba Shire Council

Tumut River Electricity

Tumut Shire Council

Tweed Shire Council

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Ulan Electricity

Uralla Shire Council

Urana Shire Council

Wagga Wagga City Council

Walcha Council

Walgett Shire Council

Warringah Council

Wellington Council

Western Power

Willoughby City Council

Windouran Shire Council

Wingecarribee Shire Council

Wollondilly Shire Council

Wollongong City Council

Wyong Shire Council

Yarrowlumla Shire Council

Yass Shire Council

Young Shire Council

1 .105 Public Servant H ousing Authority Act 1975 N o 38

Section 4 Definitions

Omit the definition of council. Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

1 .106 Public Works Act 1912 No 45

[1] Section 34 Conditions precedent to commencing public works

Omit “a municipality or shire has made an application under section three hundred and seventy-three of the Local Government Act 1919” from section 34 (3).

Insert instead “an area within the meaning of the Local Government

Act 1993 has made an application under section 57 of that Act”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[2 ] Section 34 (3 )

Omit “the municipality or shire”.

Insert instead “the council's area”.

1.107

Real Property Act 1900 N o 25

[1] Section 28M Lapsing of caution

Omit “section 604 (3) of the Local Government Act 1919” from

section 28M (7) (b).

Insert instead “section 726 of the Local Government Act 1993”.

[2 ] Section 45D Application for title by p ossession

Omit “Local Government Act 1919” from section 45D (3) (d).

Insert instead “Local Government Act 1993”.

1.108

R ecreation V ehicles Act 1983 N o 136

[1] Section 4 Definitions

Omit “section 4 of the Local Government Act 1919” wherever occurring from the definitions of area and council in section 4 (1). Insert instead “the Local Government Act 1993”.

[2 ] Section 9 Functions of authorised officers

Omit “a servant” from section 9 (2).

Insert instead “an employee”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.109 Registered Clubs Act 1976 No 31

[1] Section 4 Definitions

Omit “Local Government Act 1919” from paragraph (a) of the

definition of approved plan in section 4 (1).

Insert instead “Local Government Act 1993”.

[2 ] Section 4 (1)

Insert in alphabetical order:

council has the same meaning as it has in the Local

Government Act 1993.

local government area has the same meaning as area

has in the Local Government Act 1993.

[3 ] Section 17 Determination of complaints against registered clubs

Omit “area (within the meaning of the Local Government Act

1919)” from section 17 (1AC).

Insert instead “local government area”.

[4 ] Section 26 Objectors

Omit “city (including the City of Sydney), municipality or shire”

from section 26 (2).

Insert instead “local government area”.

[5] Section 26 (2) (b) (i)

Omit section 20 (2) (b) (i). Insert instead:

(i) within 2 kilometres of the premises or proposed premises of the club, if those premises or proposed premises are situated in a local government area (other than a local government area that was constituted as a shire immediately before 1 July 1993),

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[6 ] Section 70B Orders under Local Government Act 1919

Omit the section.

[7] Section 97 Who may object

Omit “city (including the City of Sydney) municipality or shire”

from section 97 (1) (c).

Insert instead “local government area”.

1.110

R esidential T enancies Act 1987 No 26

[1] Section 3 Definitions

Omit the definition of moveable dwelling from section 3 (1).

Insert instead in alphabetical order:

moveable dwelling has the same meaning as it has in the

Local Government Act 1993.

[2] Section 35A Definitions

Omit the definition of caravan park from section 35A(1).

Insert instead:

caravan park means a caravan park operating under an

approval given under Part 1 of Chapter 7 of the Local

Government Act 1993.

1.111	R ivers and F oresh ores Improvement Act 1948 No 20
Section 2 Definitions
Omit the definition of *Council.* Insert instead:

Council means a council or a county council within the

meaning of the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Road Improvement (Special Funding) Act 1 9 8 9 No 9 5

Section 5 Increased revenue subject to statutory trust for road funding

Omit “the council of a city, municipality or shire” from section 5

(2) (e).

Insert instead “a council (within the meaning of the Local

Government Act 1993)”.

Rural Lands Protection Act 1 9 8 9 No 1 9 7

Section 3 Definitions

Omit “Local Government Act 1919” from the definition of local

authority in section 3 (1).

Insert instead “Local Government Act 1993”.

Section 109 Definitions

Omit the definition of pound from section 109 (1).

Insert instead:

pound means a public pound established under the

Impounding Act 1993 or under section 110.

Section 109 (6 )

Omit “Impounding Act 1898 or Part 18 of the Local Government Act

1919” from section 109 (6 ) .

Insert instead “Impounding Act 1993”.

Rural Workers Accommodation Act 1 969 No 3 4

Section 3 Definitions

Omit the definition of Local Government Act from section 3 (1).

Insert instead:

Local Government Act means the Local Government Act 1993 and any regulations or other instruments made or

issued under that Act.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.115	S ch o o l Forest A reas Act 1936 N o 20
Section 23 Regulations
Omit “municipal or shire council” from section 23 (2) (g). Insert instead “council (within the meaning of the Local Government
Act 1993)”.
1.116	Search Warrants Act 1985 N o 37
Section 10 Definitions
Omit all matter relating to the Local Government Act 1919 from the definition of search warrant. Insert instead:

section 201 of the Local Government Act 1993,

1.117	S econ d -h an d D ealers and C ollectors Act 1906 N o 30
Section 4AA Market indorsem ents
Omit “Local Government Act 1919” from paragraph (a) of the definition of market in section 4AA (1). Insert instead “Local Government Act 1993”.
1.118	S ou th-w est Tablelands Water Supply Administration Act 1941 N o 36
[1]	Section 2 Definitions
Omit the definition of Local Government Act. Insert instead:

Local Government Act means the Local Government Act

1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[2] Section 5 Care and management of certain works Section 5 (2)

Omit “council of the Municipality of Cootamundra”.

Insert instead “Cootamundra Shire Council”.

[3 ] Section 5 (3 )

Omit “Part 14 of the Local Government Act, and the provisions of that Part of that Act, other than the provisions relating to the repayment of the capital debt”.

Insert instead “section 58 of the Local Government Act, and the provisions of that Act (other than section 58 (2))”.

[4] Section 5 (5)

Omit the subsection.

[5 ] Section 15 Default by council

Omit section 15 (2).

[6] Section 16 Vesting of care and management of works in Administrator

Omit section 16 (3).

1.119

Stam p D uties Act 1920 N o 47

[1]

Section 78F Exemption from duty—residential leases

Omit “movable dwelling” from section 78F (IA).

Insert instead “moveable dwelling”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[2 ] Section 78F (2)

Omit the definition of lease of a movable dwelling site.

Insert instead:

lease of a moveable dwelling site means an agreement

under which a person has the right to occupy for a term (or a term together with any option period) not exceeding

5 years:

(a)	any land used, or intended to be used, as the site of a moveable dwelling, or
(b)	any moveable dwelling on that site, or
(c)	both the land and any such moveable dwelling.

moveable dwelling has the same meaning as it has in the

Local Government Act 1993.

[3 ] Second Schedule Stamp Duties and Exemptions

Omit “shire council or a municipal council” from the matter relating to agreements under seal under the heading “AGREEMENT OR MEMORANDUM OF AN AGREEMENT”.

Insert instead “council (within the meaning of the Local Government

Act 1993)”.

[4 ] Schedule 2A First Home Purchase Scheme

Omit clause 22 (5). Insert instead:

(5)

In this clause, Metropolitan Area means the following:

(a)	County of Cumberland,
(b)	local government area of Wollondilly,
(c)	City of Wollongong,
(d)	local government area of Shellharbour,
(e)	City of Gosford,
(f)	local government area of Wyong,
(g)	City of Blue Mountains.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.120	State D evelopm ent and Industries A ss is ta n ce Act 1966 N o 10
[1]	Section 3 Definitions
Omit the definitions of Area and Council from section 3 (1).
Insert instead in alphabetical order:

Area has the same meaning as it has in the Local

Government Act 1993.

Council, in relation to a local authority, has the same

meaning as it has in the Local Government Act 1993.

[2] Section 3 (1 )

Omit “Greater” from the definition of Country industry.

1 .121

State E m ergency and R escu e M anagem ent Act 1989

N o

165

Section 3 Definitions

Omit the definition of local government area. Insert instead:

local government area means an area within the

meaning of the Local Government Act 1993 and includes a combined local government area as referred to in section 27.

1 .122 Strata Titles Act 1973 N o 68

[1] Section 5 Definitions

Omit “Local Government Act 1919” from the definition of local

council in section 5 (1).

Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[2] Section 27 Dedication of common property

Omit the definition of public road and public reserve.

Insert instead in alphabetical order:

public reserve has the same meaning as it has in the

Local Government Act 1993.

public road has the same meaning as it has in the Roads

Act 1993.

[3 ] Section 37 Approval of proposed strata plans and strata plans of subdivision and of conversion of lots into common property

Section 37 (1) (a) (i)

Omit “section 306 of the Local Government Act 1919”.

Insert instead “Part 1 of Chapter 7 of the Local Government Act

1993".

[4 ] Section 37 (1) (b) (iv)

Omit section 37 (1) (b) (iv). Insert instead:

(iv) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice of a kind referred to in, or given under, a provision referred to in subsection (1B), and

[5 ] Section 37 (1) (b) (v)

Omit “ under section 317D of the Local Government Act 1919”. Insert instead “of the kind referred to in Order No 4 in the Table to section 124 of the Local Government Act 1993”.

[ 6 ] Section 37 (1) (b) (v)

Omit “objection to the order has been made under section 317F”. Insert instead “appeal against the order has been made under section 180”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 37 (1 B)

Omit “the provisions”.

Insert instead “the orders under section 124 of the Local Government

Act 1993 and provisions”.

Section 37 (1B) (b)-(e)

Omit section 37 (1B) (b)-(f). Insert instead:

(b)	any order of the kind referred to in Order No 1 in the Table to section 124 of the *Local Government Act 1993,*
(c)	any order of the kind referred to in Order No 3 in the Table to section 124 of the *Local Government Act 1993,*
(d)	any order of the kind referred to in Orders Nos 21, 22, 23, 24 or 25 in the Table to section 124 of the *Local Government Act 1993,*
(e)	provisions of regulations made under the *Local Government Act 1993* that are prescribed for the purposes of this subsection.

Section 66 Statutory restrictions on powers of bodies corporate

Omit “council clerk” from section 66 (5).

Insert instead “general manager” .

Section 89 Definitions

Omit the definition of area. Insert instead:

area has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.123	Strata T itles (L easehold ) Act 1986 No 219
[1]	Section 4 Definitions (1973 Act, s 5)
Omit “Local Government Act 1919” from paragraph (a) of the definition of local council in section 4 (1). Insert instead “Local Government Act 1993”.
[2]	Section 31 Dedication of common property (1973 Act, s 27)
Omit the definition of public reserve and public road from section 31 (1). Insert instead in alphabetical order:

public reserve has the same meaning as it has in the

Local Government Act 1993.

public road has the same meaning as it has in the Roads

Act 1993.

[3 ] Section 66 Approval of proposed strata plans and strata plans of subdivision and conversion of lots into common property (1973 Act, s 37)

Section 66 (1) (a) (i)

Omit “section 306 of the Local Government Act 1919”.

Insert instead “Part 1 of Chapter 7 of the Local Government Act

1993”.

[4] Section 66 (1) (b) (iv)

Omit section 66 (1) (b) (iv). Insert instead:

(iv) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice of a kind referred to in, or given under, a provision referred to in subsection (1A), and

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 66 (1) (b) (v)

Omit “under section 317D of the Local Government Act 1919”. Insert instead “of the kind referred to in Order No 4 in the Table to section 124 of the Local Government Act 1993”.

Section 66 (1) (b) (v)

Omit “objection to the order has been made under section 317F”. Insert instead “appeal against the order has been made under section 180”.

Section 66 (1) (c) (iv)

Omit section 66 (1) (c) (iv). Insert instead:

(iv) the land proposed to be subdivided is not the subject of any outstanding order, requirement or notice of a kind referred to in, or given under, a

provision referred to in subsection (1A),

and

Section 66 (1) (c) (v)

section 124 of the Local Government Act 1993”.

Omit “section 317D of the Local Government Act 1919”.

Section 66 (1 ) (c) (v)

Omit “objection to the order has been made under section 317F”. Insert instead “appeal against the order has been made under section 180”.

Section 66 (1A)

Omit “the provisions”.

Insert instead “the orders under section 124 of the Local Government

Act 1993 and provisions”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[11] Section 66 (1A) (b)-(e)

Omit section 66 (1A) (b)-(f). Insert instead:

(b)	any order of the kind referred to in Order No 1 in the Table to section 124 of the *Local Government Act 1993,*
(c)	any order of the kind referred to in Order No 3 in the Table to section 124 of the *Local Government Act 1993,*
(d)	any order of the kind referred to in Orders Nos 21, 22, 23, 24 or 25 in the Table to section 124 of the *Local Government Act 1993,*
(e)	provisions of regulations made under the *Local Government Act 1993* that are prescribed for the purposes of this subsection.

[12] Section 121 Definitions (1973 Act, s 89)

Omit the definition of area. Insert instead:

area has the same meaning as it has in the Local

Government Act 1993.

1.124 Superannuation Administration Act 1991 No 96

Section 3 Definitions

Omit the definition of local authority from section 3 (1).

Insert instead:

local authority means a council within the meaning of

the Local Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.125 Survey Co-ordination Act 1949 No 27

Section 2 Definitions

Omit “Local Government Act 1919, as amended by subsequent

Acts” from the definition of Council.

Insert instead “Local Government Act 1993”.

1.126 Swimming Pools Act 1992 No 49

Section 4 To which swimming pools does this Act apply?

Omit “movable dwelling”. Insert instead “moveable dwelling”.

Part 2, Division 2, heading

Omit “movable dwellings”. Insert instead “moveable dwellings”.

Section 11 To which swimming pools does this Division apply?

Omit “movable dwelling”. Insert instead “moveable dwelling”.

Section 12 General requirements for outdoor swimming pools

Omit “movable dwelling” from section 12 (a).

Insert instead “moveable dwelling”.

Section 28 Inspectors may exercise certain powers of entry

Omit “movable dwelling” wherever occurring from section 28 (2)

and (4).

Insert instead “moveable dwelling”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 32 What happens if other Acts are inconsistent with this

Act?

Omit “Part 11 of the Local Government Act 1919” from section

32 (2).

Insert instead “Part 1 of Chapter 7 of the Local Government Act

1993”.

Dictionary of words and expressions

Omit paragraph (a) of the definition of area. Insert instead:

(a)	the area of a council within the meaning of the

Local Government Act 1993, or

Dictionary of words and expressions

Omit paragraph (a) of the definition of local authority.

Insert instead:

(a)	in relation to premises that are situated within an area within the meaning of the Local Government

Act 1993—the council of that area, or

Dictionary of words and expressions

Omit the definition of movable dwelling. Insert instead:

moveable dwelling has the same meaning as it has in the

Local Government Act 1993.

Dictionary of words and expressions

Omit the definition of owner of premises. Insert instead:

owner of premises has the same meaning as owner has

in relation to land in the Local Government Act 1993 and, if there are 2 or more owners of the premises, includes any one of the owners.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[11] Dictionary of words and expressions

Omit “movable dwelling” from paragraph (b) of the definition of

residential building.

Insert instead “moveable dwelling”.

1.127	Syd n ey C ove R edevelopm ent Authority Act 1968 N o 56 Section 27 Constitution of advisory committees
Omit “servant” from section 27 (3). Insert instead “employee”.
1.128	Syd n ey Cricket and Sp orts Ground Act 1978 N o 72
[1]	Section 4 Definitions
Omit “Part 11 of the Local Government Act 1919” from section 4 (2) (b). Insert instead “the Local Government Act 1993”.
[2 ]	Section 16B Application of certain laws to designated land
Insert after section 16B (a):

(a1) the Local Government Act 1993,

[3 ] Section 16B (c)

Omit “either o f” . Insert instead “any of”.

1.129 Syd n ey Electricity Act 1990 N o 117

[1] Section 53 Regulations

Omit “Local Government Act 1919 or of any ordinance” from

section 53 (2) (i).

Insert instead “Local Government Act 1993 or of any regulation”.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[2] Schedule 1 Sydney Electricity District

Omit “Municipality of” wherever occurring (except in relation to

Municipality of Canterbury and Municipality of Ryde).

[ 3 ] Schedule 1

Omit “Shire of” wherever occurring (except in relation to Shire of

Sutherland).

[4 ] Schedule 1

Omit “Shire of Sutherland” from item 2.

Insert instead “Sutherland Shire”.

[5] Schedule 1

Omit “Municipality of Canterbury” from item 2.

Insert instead “City of Canterbury”.

[ 6 ] Schedule 1

Omit “Municipality of Ryde” from item 4.

Insert instead “City of Ryde”.

[ 7 ] Schedule 5 Savings, transitional and other provisions

Omit clause 8 (1). Insert instead:

(1)

Subject to the regulations, the provisions of the Local

Government Act 1993 and the regulations made under

that Act relating to county councils do not apply to or in

respect of Sydney Electricity.

[ 8 ] Schedule 5, clause 8 (2)

Omit “Local Government Act 1919 and the ordinances”.

Insert instead “Local Government Act 1993 and the regulations”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.130	Syd n ey Harbour Trust Act 1900 (1901 N o 1)
[1]	S e c tio n 3 D efin ition s
Insert in alphabetical order:

Council has the same meaning as it has in the Local

Government Act 1993.

Local government area has the same meaning as area has in the Local Government Act 1993.

[2] S ection 39 Land v ested in com m issio n ers free from local governm ent rates

Omit “municipal council”. Insert instead “other council”.

[3] Section39

Omit “municipality”. Insert instead “other council”.

[4 ] Section 100 Power to contract with local councils a s to streets a n d ro a d s

Omit “the council of any municipality whose district”.

Insert instead “any other council whose local government area”.

[5] S e c tio n 100

Omit “limits of the said city, borough, or municipal district”.

Insert instead “boundaries of the said city or local government area”.

1.131

Syd n ey Harbour Tunnel (Private Joint Venture) Act 1987

N o 49

[ 1 ] Section 2 Definitions

Omit the definition of council from section 2 (1).

Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[2 ] Section 9 Application of other legislation

Omit section 9 (1). Insert instead:

(1)

The provisions of:

(a)	the Coastal Protection Act 1979 and any instrument in force under that Act, and
(b)	the Local Government Act 1993, and any instrument in force under that Act, in relation to buildings,

do not apply to or in respect of the tunnelling works.

[3 ] Section 11 Application of other legislation

Omit section 11 (1). Insert instead:

(1)

The provisions of:

(a)	the Coastal Protection Act 1979 and any instrument in force under that Act, and
(b)	the Local Government Act 1993, and any instrument in force under that Act, in relation to buildings,

do not apply to or in respect of the ancillary works.

[4] Section 15 Protection of Sydney Harbour Tunnel from other development

Omit “Local Government Act 1919” from section 15 (4).

Insert instead “Local Government Act 1993”.

1.132 Syd n ey Market Authority Act 1968 N o 11

[ 1 ] Section 3 Definitions

Omit the definition of council from section 3 (1).

Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

Page101

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[2 ] Section 9 Authority may make u se of certain em ployees of the Crown, statutory bodies and councils

Omit “ , servants” from section 9 (2).

[3 ] Section 11 Powers, authorities, duties and functions of the Authority

Omit section 11 (2) (a). Insert instead:

(a)	to carry out those activities in relation to a public market that it would be able to carry out under the

Local Government Act 1993 if it were a council,

1.133

T obacco Advertising Prohibition Act 1991 N o 65

Section 4 Definitions

Omit paragraph (a) of the definition of authorised officer.

Insert instead:

(a)	a person authorised as an officer for the purposes of this Act by a council within the meaning of the

Local Government Act 1993, or

1.134

Tourism N ew South W ales Act 1984 N o 46

Section 3 Definitions

Omit the definition of council from section 3 (1).

Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 NO 11

Amendment of Acts	Schedule 1
1.135 Traffic Act 1909 N o 5

[1] Section 10ZA Definitions

Omit “Shire” from the definition of electricity distributor.

[ 2 ] Section 18B Penalty notices for certain offences Section 18B (6 ) (a) (iii)

Omit “or a specified ordinance”.

[ 3 ] Section 18B (6 ) (a) (iii)

Omit “, regulations or an ordinance”.

Insert instead “or regulations”.

[4 ] Section 18B (6 ) (a) (iv)

Omit “ ,regulations or ordinance”.

Insert instead “or regulations”.

1.136

Transport Administration Act 1988 N o 109

Section 111 Disputes involving transport authorities

Omit “Local Government Act 1919” from section 111 (4).

Insert instead “Local Government Act 1993”.

1.137

Trustee Act 1925 N o 14

Section 14A Authorised investments

Omit “the Council of the City of Sydney or any city, municipal or

shire council in New South Wales” from section 14A (2) (e).

Insert instead “a council (within the meaning of the Local

Government Act 1993)”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.138	Unclaim ed M oney Act 1982 N o 174
Section 3 Definitions
Omit “within the meaning of, and any county council constituted under, the Local Government Act 1919” from paragraph (g) of the definition of *business* in section 3 (1).
Insert instead “or county council within the meaning of the *Local*
Government Act 1993”.
1.139	Valuation of Land Act 1916 N o 2
Section 4 Definitions
Omit the definitions of *Council* and *Municipality* from section 4 (1). Insert instead in alphabetical order:

Council has the same meaning as it has in the Local

Government Act 1993.

Local government area has the same meaning as area

has in the Local Government Act 1993.

[ 2 ] Section 4 (1)

Omit paragraph (c) of the definition of Supplementary valuation.

[3] Section 12

Omit the section. Insert instead:

12 Local government areas

(1)

Each local government area is a valuation district for the

purposes of this Act.

(2)

Whenever there is any change in the boundaries of a local government area, the same change is taken to have been made in the boundaries of the valuation district that corresponds to that area.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

Section 13 Western Division

Omit “municipalities or shires”.

Insert instead “local government areas

Section 14A Date at which certain values to be determined

Omit “ ,w ard or riding” from section 14A (1) (b).

Section 47 Rating or taxing authorities

Omit “shire or of a municipality” from section 47 (1).

Insert instead “local government area”.

Section 50 No alteration by rating or taxing authorities except when authorised

Omit “local government inspector of accounts” from section 50 (2). Insert instead “Departmental representative carrying out an investigation under Part 5 of Chapter 13 of the Local Government

Act 1993”.

Section 58 Allowances for profitable expenditure—land

Section 58 (2) (f)

Omit “ , a statutory body or a statutory body representing the government department or a statutory body representing the Crown”.

Crown”.

Section 58 (2)

Omit the last sentence of section 58 (2).

Section 58 (5)

Omit section 58 (5).

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

Section 59 Improved value for purposes of other Acts

Omit the section.

Section 60 A ssessed annual value for purposes of other Acts

Omit “the Local Government Act 1919,”.

Section 67 Valuation for the purposes of Fire Brigades Act 1989

Omit “municipalities or shires” from section 67 (2).

Insert instead “local government areas”.

Section 67 (2)

Omit “municipality or shire”.

Insert instead “local government area”.

Waste Disposal Act 1970 No 97

Section 5 Definitions

Omit the definitions of area and council from section 5 ( 1).

Insert instead in alphabetical order:

area has the same meaning as it has in the Local

Government Act 1993.

council means a council or a county council within the

meaning of the Local Government Act 1993.

Section 21 Delegation

Omit “consent of that council” from section 21 (c).

Insert instead “approval of the council and the general manager”

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[3 ] Schedule 1

Omit the Schedule. Insert instead:

S c h e d u le 1

A reas

an d

p a r ts of

a r e a s w h ich

co n stitu te th e

M etropolitan W aste

D isp o sa l

R eg io n

(Section 6)

Cities of Bankstown, Blacktown, Campbelltown, Canterbury, Fairfield, Hawkesbury, Holroyd, Hurstville, Liverpool, Parramatta, Penrith, Randwick, Ryde, South Sydney, Sydney, Willoughby.

Areas of Ashfield, Auburn, Baulkham Hills, Botany, Burwood, Camden, Concord, Drummoyne, Hornsby, Hunter's Hill, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Manly, Marrickville, Mosman, North Sydney, Pittwater, Rockdale, Strathfield, Sutherland Shire, Warringah, Waverley, Woollahra.

1.141	Water Act 1912 N o 44
[ 1 ]	Section 12 Licence
Omit “a municipal council, or shire council” from section 12 (3). Insert instead “a council within the meaning of the Local
Government Act 1993”.
[2 ]	Section 14 Renewal
Omit “a municipal council, or a shire council” from section 14 (1B). Insert instead “a council within the meaning of the Local
Government Act 1993”.
[3 ]	Section 26A Act prevails over certain other Acts
Omit “Local Government Act 1919”. Insert instead “Local Government Act 1993”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

[4 ] Section 26C Construction of work by Crown for councils

Omit “municipal council, shire council or county council”.

Insert instead “council or county council within the meaning of the

Local Government Act 1993”.

[5 ] Section 147 Supply of water

Local Government Act 1993”.

Omit “a county council, a municipal council, a shire council” from the

section 147 (4) (c).

[6 ] Section 152 Flooding of public roads

Omit “any municipal or shire council” from section 152 (1).

Insert instead “the council (within the meaning of the Local

Government Act 1993)”.

[7 ] Section 165 Definitions

Omit “under Part 14 of the Local Government Act 1919 on behalf of any council, or where a council has been charged with the care and

management of a controlled work” from the definition of occupier in

section 165 (1).

Insert instead “on the application of a council under Division 2 of

Part 3 of Chapter 6 of the Local Government Act 1993, or a council

has been charged with the care and management of a controlled work

under that Division”.

1.142 Water Supply A uthorities Act 1987 No 140

[1 ] Section 3 Definitions

Omit the definition of council from section 3 (1).

Insert instead:

council has the same meaning as it has in the Local

Government Act 1993.

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

[ 2 ] Schedule 1 Water supply authorities

Omit “the shire of” wherever occurring from Part 2.

[ 3 ] Schedule 3 Broken Hill Water Board

Omit “general rates” wherever occurring from clause 13 (1).

Insert instead “ordinary rates”.

1.143

W estern Lands Act 1 9 0 1 N o 7 0

[1] Section 18D Provisions governing leases

Omit “a local government area within the meaning of the Local

Government Act 1919” from section 18D (1) (vii).

Insert instead “an area within the meaning of the Local Government

Act 1993”.

[ 2 ] Section 36 Regulations

Omit “Local Government Act 1919” from section 36 (3).

Insert instead “Local Government Act 1993”.

1.144

Wild D o g Destruction Act 1 9 2 1 N o 1 7

Section 12 Rate to be imposed

Omit “a municipality, town, or village” from section 12 (1).

Insert instead “an area within the meaning of the Local Government

Act 1993 (other than an area that was constituted as a shire

immediately before 1 July 1993), a town or a village”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 1

Amendment of Acts

1.145	W ilderness Act 1987 N o 196
Section 2 Definitions
Omit paragraphs (b) and (c) of the definition of *statutory authority*
from section 2 (1). Insert instead:

(b)	an Administrative Office within the meaning of the Public Sector Management Act 1988,
(c)	a council or a county council within the meaning

of the Local Government Act 1993, and

1.146	W ollongong Sportsground Act 1986 N o 174
Section 25 Carrying out of plan of management
Omit “Local Government Act 1919” from section 25 (2). Insert instead “Local Government Act 1993”.
1.147	W om en's Legal S tatu s Act 1918 N o 50
Section 2 Positions for which there is no sex disqualification
Omit section 2 (b). Insert instead:

(b)	to be elected and to act as Lord Mayor or councillor of the City of Sydney or mayor or councillor of any other area within the meaning of the Local Government Act 1993,

Statute Law Revision (Local Government) Act 1995 No 11

Amendment of Acts

Schedule 1

1.148	Z oological Parks Board Act 1973 N o 34
[1]	Section 6 Appointment of members
Omit “the Council of the Municipality of Mosman” from section 6 (2) ( f ) . Insert instead “Mosman Municipal Council”.
[2 ]	Section 6 (2) (g)
Omit “the Council of the City of Dubbo” Insert instead “Dubbo City Council”.
[3]	Section 46 U se of certain lands for agriculture under s 7 of Taronga Zoological Park Act 1956 continued
Omit “Notwithstanding anything in Part 12A of the Local
Government Act 1919”.
Insert instead “Despite any provision of the Environmental Planning
and Assessment Act 1979 or any instrument made under that Act”.

Statute Law Revision (Local Government) Act 1995 No 11

Schedule 2

Repeals

Schedule 2

Repeals

(Section4)

City of Sydney (Elections) Regulation 1993

Local Government (Amendment) Act 1937 No 10 Local Government (Amendment) Act 1980 No 74 Local Government (Amendment) Act 1983 No 33 Local Government (Amendment) Act 1987 No 150

Local Government (Building and Construction Industry Long Service

Payments) Amendment Act 1986 No 20

Local Government (Building Approvals) Amendment Act 1989 No 149 Local Government (Building Certificates) Amendment Act 1986 No 157 Local Government (Building Regulation) Amendment Act 1989 No 80

Local Government (Commons Management) Amendment Act 1989 No 14

Local Government (Covenants) Amendment Act 1986 No 7 3

Local Government (Disclosure of Interests) Amendment Act 1987 No 126

Local Government (Elections) Amendment Act 1983 No 77

Local Government (Electricity) Amendment Act 1987 No 106

Local Government (Flood Liable Land) Amendment Act 1985 No 99

Local Government (Further Amendment) Act 1952 No 53

Local Government (Hunter Water Board) Amendment Act 1988 No 122

Local Government (Liquor) Amendment Act 1990 No 30

Local Government (Miscellaneous Provisions) Amendment Act 1985

No 209

Local Government (Movable Dwellings) Amendment Act 1991 No 37

Local Government (Noxious Plants) Amendment Act 1937 No 38

Local Government (Penalties) Amendment Act 1986 No 2

Local Government (Pensioners Rates) Amendment Act 1987 No 234

Local Government (Plan Registration) Amendment Act 1986 No 153

Local Government (Public Inquiries) Amendment Act 1990 No 69

P age

112

Statute Law Revision (Local Government) Act 1995 No 11

Repeals	Schedule 2
Local Government (Purchases) Amendment Act 1983 No 173
Local Government (Rates) Amendment Act 1985 No 33

Local Government (Rates and Charges) Act 1986 No 178 Local Government (Rates and Charges) Act 1987 No 233 Local Government (Rates and Charges) Amendment Act 1983 No 175

Local Government (Rates and Charges) Amendment Act 1984 No 140 Local Government (Rates and Charges) Amendment Act 1985 No 169 Local Government (Rates and Charges) Amendment Act 1988 No 91

Local Government (Rating) Amendment Act 1989 No 122

Local Government (Rating) Further Amendment Act 1976 No 99

Local Government (Rating) Further Amendment Act 1989 No 157

Local Government (Residential Flat Buildings) Amendment Act 1986

No 131

Local Government (Secret Commissions) Amendment Act 1987 No 117

Local Government (Street Drinking) Amendment Act 1990 No 105

Local Government (Subdivision) Amendment Act 1985 No 229 Local Government (Subdivisions) Amendment Act 1988 No 129 Local Government (Sydney Cricket and Sports Ground) Amendment Act

1978 No 65

Local Government (Theatres and Public Halls) Amendment Act 1989 No 10

Local Government (Tourism Commission) Amendment Act 1984 No 49

Local Government (Work on Private Land) Amendment Act 1989 No 21 0

[Minister's second reading speech made in—

Legislative Assembly on 23 May 1995

Legislative Council on 6 June 1995]