Local Government Act 1993 (NSW)(NI)
ORDER UNDER SECTION 256 AND DIRECTION UNDER SUBSECTION 258(2A)
Appointment of Norfolk Island Regional Council Administrator Proclamation 2025 (No. 2)
I, Kristy McBain, Minister for Regional Development, Local Government and Territories, make the following instrument:
Under section 256 of the Local Government Act 1993 (NSW)(NI) (the Act), I re-appoint Scott Mason and Gary Mottau as administrators of the Norfolk Island Regional Council (NIRC) for the period beginning at the expiry of their current appointments as administrators of the NIRC and ending at the end of 31 December 2026 (the period of appointment).
For subsection 258(1B) of the Act, I specify Scott Mason to be the person who will exercise the functions of the mayor of NIRC during the period of appointment.
For subsection 258(1A) of the Act, I specify that Scott Mason and Gary Mottau, during the period of appointment, have all other functions of the NIRC (including all functions of a councillor).
Under subsection 258(2A) of the Act, I direct that during the period of appointment, Scott Mason and Gary Mottau may exercise those functions of the NIRC, except those of the mayor of the NIRC, individually or jointly with each other administrator.
This proclamation and direction commences upon publication in the Commonwealth Gazette.
Dated 27 October 2025
Kristy McBain
Minister for Regional Development, Local Government and Territories
Overview
The Local Government Act 1993 (NSW)(NI) was enacted to provide a legislative framework for the governance of local government councils in New South Wales, including Norfolk Island. This Act addresses the need for a structured and legally defined system of local government to ensure efficient and effective local governance, public accountability, and the provision of essential services to the community. The Norfolk Island Regional Council Administrator Proclamation 2025 (No. 2) is an instrument made under the authority of the Local Government Act 1993 (NSW)(NI) by Kristy McBain, the Minister for Regional Development, Local Government and Territories. The proclamation re-appoints Scott Mason and Gary Mottau as administrators of the Norfolk Island Regional Council for the period from the expiry of their current appointments until the end of 31 December 2026. This directive aims to maintain continuity in the administration and governance of Norfolk Island, ensuring that the council can continue to function effectively and provide necessary services to the community. The policy objective is to uphold the governance framework and administrative stability of the Norfolk Island Regional Council.
Scope and Application
The Local Government Act 1993 (NSW)(NI) governs the administration and operations of local government councils, including the Norfolk Island Regional Council (NIRC). The Act applies to the NIRC and its administrators, who are appointed to manage the council's affairs during periods of administration. In this instance, the Minister for Regional Development, Local Government and Territories has re-appointed Scott Mason and Gary Mottau as administrators of the NIRC, specifying their roles and functions. Scott Mason is designated to exercise the functions of the mayor of the NIRC, while both Mason and Mottau are assigned all other functions of the NIRC, including those of a councillor. The proclamation and direction issued under the Act permit Mason and Mottau to exercise these functions individually or jointly, except for the mayoral functions, which Mason is exclusively tasked to handle. The geographical scope of this Act is limited to Norfolk Island, and the proclamation takes effect upon publication in the Commonwealth Gazette. The Act does not specify exclusions, exemptions, or thresholds, and its application may be further defined through subordinate instruments.
Key Provisions
The proclamation under the Local Government Act 1993 (NSW)(NI) (the Act) re-appoints Scott Mason and Gary Mottau as administrators of the Norfolk Island Regional Council (NIRC) for a period beginning at the expiry of their current appointments and ending on 31 December 2026 (sections 256). The proclamation specifies that Scott Mason will exercise the functions of the mayor of NIRC during this period (subsection 258(1B)), while both Scott Mason and Gary Mottau will have all other functions of the NIRC, including those of a councillor (subsection 258(1A)). Additionally, Scott Mason and Gary Mottau are directed to exercise the functions of the NIRC, except those of the mayor, either individually or jointly with each other (subsection 258(2A)).
The Act imposes several obligations on the re-appointed administrators, Scott Mason and Gary Mottau. Firstly, they must ensure that the NIRC fulfils its legislative and administrative duties during their period of appointment. This includes overseeing the council’s operations, ensuring compliance with relevant laws and regulations, and maintaining proper governance practices. They are also required to exercise their specified functions diligently, particularly the mayoral duties assigned to Scott Mason, and to work collaboratively to manage the council’s responsibilities.
Failure to comply with the obligations outlined in the Act can result in significant consequences. While the proclamation does not specify exact penalties, breaches of administrative duties or governance responsibilities can lead to legal action, including potential civil or criminal proceedings. Under the Local Government Act, severe breaches may also result in the removal of an administrator from office, as well as financial penalties. Although the exact penalties are not detailed in this proclamation, the potential for such consequences underscores the importance of adhering to the Act’s requirements.