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ocal Government Amendment (Planning and Reporting) Bill 2009 No , 2009 A Bill for An Act to amend the Local Government Act 1993 to make further provision for strategic planning and reporting by councils; and for other purposes. Clause 1 Local Government Amendment (Planning and Reporting) Bill 2009 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Local Government Amendment (Planning and 3 Reporting) Act 2009. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 Page 2 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 Schedule 1 Amendment of Local Government Act 1 1993 No 30 2 [1] Section 8 The council's charter 3 Omit the seventh bullet point paragraph from section 8 (1). Insert instead: 4 · to bear in mind that it is the custodian and trustee of public 5 assets and to effectively plan for, account for and manage 6 the assets for which it is responsible 7 · to engage in long-term strategic planning on behalf of the 8 local community 9 · to exercise its functions in a manner that is consistent with 10 and promotes social justice principles of equity, access, 11 participation and rights 12 [2] Chapter 4 How can the community influence what a council does? 13 Omit the third paragraph of the Introduction to the Chapter. Insert instead: 14 Apart from the provisions of this Chapter, members of the public 15 may influence council decisions concerning matters such as the 16 levels of rates and charges, the terms of community strategic 17 plans, delivery programs and operational plans, the granting of 18 development consents, etc (which are dealt with in later 19 Chapters) by participating in council community engagement 20 activities including by making submissions to the council and 21 comments on or objections to proposals relating to those matters. 22 [3] Section 12 What information is publicly available? 23 Omit the sixth bullet point paragraph from section 12 (1). Insert instead: 24 · community strategic plan 25 · delivery program and operational plan 26 [4] Section 232 What is the role of a councillor? 27 Insert before the first bullet point paragraph of section 232 (1): 28 · to provide a civic leadership role in guiding the 29 development of the community strategic plan for the area 30 and to be responsible for monitoring the implementation of 31 the council's delivery program 32 Page 3 Local Government Amendment (Planning and Reporting) Bill 2009 Schedule 1 Amendment of Local Government Act 1993 No 30 [5] Section 232 (1) 1 Omit the last bullet point paragraph. Insert instead: 2 · to review the performance of the council and its delivery 3 of services, and the delivery program and revenue policies 4 of the council. 5 [6] Section 335 Functions of general manager 6 Insert before the first bullet point paragraph of section 335 (2): 7 · to assist the council in connection with the development 8 and implementation of the community strategic plan and 9 the council's resourcing strategy, delivery program and 10 operational plan and the preparation of its annual report 11 and state of the environment report 12 [7] Section 356 Can a council financially assist others? 13 Omit "management plan" from section 356 (3) (b). 14 Insert instead "operational plan". 15 [8] Section 377 General power of the council to delegate 16 Omit "a management plan under section 406" from section 377 (1) (j). 17 Insert instead "an operational plan under section 405". 18 [9] Chapter 13 How are councils made accountable for their actions? 19 Omit the Introduction to the Chapter. Insert instead: 20 Introduction. This Chapter sets out the mechanisms by which a council 21 is made accountable for its actions. 22 Each local government area must have a community strategic plan 23 developed by the council for the future of the local community covering 24 a period of at least 10 years. To support the community strategic plan, a 25 council must have a long-term resourcing strategy that includes 26 long-term financial planning, workforce management planning and asset 27 management planning. 28 Councils have a custodial role in developing and monitoring the 29 community strategic plan for the local government area on behalf of their 30 communities. Achieving the strategic objectives in the community 31 strategic plan may involve other partners including State government 32 agencies, non-government organisations and other community groups 33 and individuals. 34 A council must have a delivery program that details the principal 35 activities to be undertaken by the council in order to achieve the 36 objectives established by the community strategic plan that it is 37 responsible for. A council must establish a new delivery program after 38 each ordinary election. 39 Page 4 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 Before the beginning of each year a council must adopt an operational 1 plan that includes a statement of the council's revenue policy and the 2 activities to be engaged in by the council during the year. Public notice 3 is to be given by the council of its operational plan. 4 A council is required to have 2 funds (a consolidated fund and a trust 5 fund). It must keep proper accounts, which are to be audited annually. 6 Each year a council is required to prepare an annual report to its 7 community on its work and activities. 8 Councils are directly accountable to the residents and ratepayers in their 9 local government area. The Minister has a supervisory role in relation to 10 councils. The Minister and the Director-General are able to request 11 further information from councils, and the Director-General is able to 12 authorise persons to investigate and report on matters connected with a 13 council's work and activities and to direct a council to act on any 14 recommendations contained in such a report. 15 Members of the general public are entitled to inspect a wide range of 16 council documents (see section 12). Members of the general public are 17 also entitled, under the Freedom of Information Act 1989, to be given 18 access to certain other documents held by a council. They are also 19 entitled to require the correction of certain kinds of information in the 20 event that the information is incomplete, incorrect, out of date or 21 misleading. 22 [10] Chapter 13 How are councils made accountable for their actions? 23 Omit Part 2 of Chapter 13. Insert instead: 24 Part 2 Strategic planning 25 402 Community strategic plan 26 (1) Each local government area must have a community strategic 27 plan that has been developed and endorsed by the council. A 28 community strategic plan is a plan that identifies the main 29 priorities and aspirations for the future of the local government 30 area covering a period of at least 10 years from when the plan is 31 endorsed. 32 (2) A community strategic plan is to establish strategic objectives 33 together with strategies for achieving those objectives. 34 (3) The council must ensure that the community strategic plan: 35 (a) addresses civic leadership, social, environmental and 36 economic issues in an integrated manner, and 37 (b) is based on social justice principles of equity, access, 38 participation and rights, and 39 (c) is adequately informed by relevant information relating to 40 civic leadership, social, environmental and economic 41 issues, and 42 Page 5 Local Government Amendment (Planning and Reporting) Bill 2009 Schedule 1 Amendment of Local Government Act 1993 No 30 (d) is developed having due regard to the State government's 1 State Plan and other relevant State and regional plans of 2 the State government. 3 (4) The council must establish and implement a strategy (its 4 community engagement strategy), based on social justice 5 principles, for engagement with the local community when 6 developing the community strategic plan. 7 (5) Following an ordinary election of councillors, the council must 8 review the community strategic plan before 30 June following the 9 election. The council may endorse the existing plan, endorse 10 amendments to the existing plan or develop and endorse a new 11 community strategic plan, as appropriate to ensure that the area 12 has a community strategic plan covering at least the next 13 10 years. 14 (6) A draft community strategic plan or amendment of a community 15 strategic plan must be placed on public exhibition for a period of 16 at least 28 days and submissions received by the council must be 17 considered by the council before the plan or amendment is 18 endorsed by the council. 19 (7) Within 28 days after a community strategic plan is endorsed, the 20 council must post a copy of the plan on the council's website and 21 provide a copy to the Director-General. A copy of a community 22 strategic plan may be provided to the Director-General by 23 notifying the Minister of the appropriate URL link to access the 24 plan on the council's website. 25 403 Resourcing strategy 26 (1) A council must have a long-term strategy (called its resourcing 27 strategy) for the provision of the resources required to implement 28 the strategies established by the community strategic plan that the 29 council is responsible for. 30 (2) The resourcing strategy is to include long-term financial 31 planning, workforce management planning and asset 32 management planning. 33 404 Delivery program 34 (1) A council must have a program (its delivery program) detailing 35 the principal activities to be undertaken by the council to 36 implement the strategies established by the community strategic 37 plan within the resources available under the resourcing strategy. 38 (2) The delivery program must include a method of assessment to 39 determine the effectiveness of each principal activity detailed in 40 Page 6 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 the delivery program in implementing the strategies and 1 achieving the strategic objectives at which the principal activity 2 is directed. 3 (3) The council must establish a new delivery program after each 4 ordinary election of councillors to cover the principal activities of 5 the council for the 4-year period commencing on 1 July following 6 the election. 7 (4) A draft delivery program must be placed on public exhibition for 8 a period of at least 28 days and submissions received by the 9 council must be considered by the council before the delivery 10 program is adopted by the council. 11 (5) The general manager must ensure that regular progress reports 12 are provided to the council reporting as to its progress with 13 respect to the principal activities detailed in its delivery program. 14 Progress reports must be provided at least every 6 months. 15 405 Operational plan 16 (1) A council must have a plan (its operational plan) that is adopted 17 before the beginning of each year and details the activities to be 18 engaged in by the council during the year as part of the delivery 19 program covering that year. 20 (2) An operational plan must include a statement of the council's 21 revenue policy for the year covered by the operational plan. The 22 statement of revenue policy must include the statements and 23 particulars required by the regulations. 24 (3) A council must prepare a draft operational plan and give public 25 notice of the draft indicating that submissions may be made to the 26 council at any time during the period (not less than 28 days) that 27 the draft is to be on public exhibition. The council must publicly 28 exhibit the draft operational plan in accordance with the notice. 29 (4) During the period of public exhibition, the council must have for 30 inspection at its office (and at such other places as it may 31 determine) a map that shows those parts of its area to which each 32 category and sub-category of the ordinary rate and each special 33 rate included in the draft operational plan applies. 34 (5) In deciding on the final operational plan to be adopted, a council 35 must consider any submissions that have been made concerning 36 the draft plan. 37 (6) The council must post a copy of its operational plan on the 38 council's website within 28 days after the plan is adopted. 39 Page 7 Local Government Amendment (Planning and Reporting) Bill 2009 Schedule 1 Amendment of Local Government Act 1993 No 30 406 Integrated planning and reporting guidelines 1 (1) The Director-General is to establish integrated planning and 2 reporting guidelines (referred to in this Chapter as the guidelines) 3 for the purposes of this Chapter. 4 (2) The guidelines can impose requirements in connection with the 5 preparation, development and review of, and the contents of, the 6 community strategic plan, resourcing strategy, delivery program, 7 operational plan, community engagement strategy, annual report 8 and state of the environment report of a council. 9 (3) In particular (but without limiting subsection (2)), the guidelines 10 can impose requirements in relation to any of the following: 11 (a) the procedures to be followed in the preparation, 12 development or review of plans, strategies, programs and 13 reports, 14 (b) the matters to be addressed or provided for by plans, 15 strategies, programs and reports, 16 (c) requirements for consultation in connection with the 17 preparation, development or review of plans, strategies 18 and programs, 19 (d) the matters to be taken into account or to which regard is 20 to be had in connection with the preparation, development 21 or review of plans, strategies, programs and reports. 22 (4) A council must ensure that the requirements of the guidelines are 23 complied with. 24 (5) The guidelines can include other material for the guidance of 25 councils in connection with the plans, strategies, programs and 26 reports to which this section applies. 27 (6) The Director-General may review and amend the guidelines from 28 time to time. 29 (7) The guidelines and any amendment of the guidelines must be 30 posted on the Department's website and notified in writing to 31 each council by the Director-General. 32 [11] Section 410 Alternative use of money raised by special rates or charges 33 Omit "management plan" from section 410 (2) wherever occurring. 34 Insert instead "operational plan". 35 Page 8 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 [12] Sections 428 and 428A 1 Omit section 428. Insert instead: 2 428 Annual reports 3 (1) Within 5 months after the end of each year, a council must 4 prepare a report (its annual report) for that year reporting as to 5 its achievements in implementing its delivery program and the 6 effectiveness of the principal activities undertaken in achieving 7 the objectives at which those principal activities are directed. 8 (2) The annual report in the year in which an ordinary election of 9 councillors is to be held must also report as to the council's 10 achievements in implementing the community strategic plan over 11 the previous 4 years. 12 (3) An annual report must be prepared in accordance with the 13 guidelines under section 406. 14 (4) An annual report must contain the following: 15 (a) a copy of the council's audited financial reports prepared 16 in accordance with the Local Government Code of 17 Accounting Practice and Financial Reporting published 18 by the Department, as in force from time to time, 19 (b) such other information as the regulations or the guidelines 20 under section 406 may require. 21 (5) A copy of the council's annual report must be posted on the 22 council's website and provided to the Minister and such other 23 persons and bodies as the regulations may require. A copy of a 24 council's annual report may be provided to the Minister by 25 notifying the Minister of the appropriate URL link to access the 26 report on the council's website. 27 428A State of the environment reports 28 (1) The annual report of a council in the year in which an ordinary 29 election of councillors is to be held must include a report (a state 30 of the environment report) as to the state of the environment in 31 the local government area in relation to such environmental 32 issues as may be relevant to the objectives for the environment 33 established by the community strategic plan (the environmental 34 objectives). 35 (2) A state of the environment report must be prepared in accordance 36 with the guidelines under section 406. 37 Page 9 Local Government Amendment (Planning and Reporting) Bill 2009 Schedule 1 Amendment of Local Government Act 1993 No 30 (3) The state of the environment report is to: 1 (a) establish relevant environmental indicators for each 2 environmental objective, and 3 (b) report on, and update trends in, each such environmental 4 indicator, and 5 (c) identify all major environmental impacts (being events and 6 activities that have a major impact on environmental 7 objectives). 8 (4) A state of the environment report for a council's area may be 9 prepared as part of and for the purposes of a state of the 10 environment report for a larger area (such as a region or a 11 catchment management area) and a report for the larger area that 12 includes the required information in respect of the council's area 13 may be included in the council's annual report as the council's 14 state of the environment report. 15 [13] Section 532 16 Omit the section. Insert instead: 17 532 Publication of draft operational plan 18 A council must not make a rate or charge until it has given public 19 notice (in accordance with section 405) of its draft operational 20 plan for the year for which the rate or charge is to be made and 21 has considered any matters concerning the draft operational plan 22 (in accordance with that section). 23 [14] Chapter 15, Part 4 Making of rates and charges 24 Omit from the chart at the end of the Part: 25 Council prepares draft management plan which ss 402, 404 includes the council's revenue policy for the next year Council publicly exhibits draft management plan s 405 (1) Public notice of draft management plan for not less ss 405 (2), than 28 days 532 Council considers submissions concerning draft ss 406 (2), management plan 706 (2) Council adopts management plan s 406 Page 10 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 Insert instead: 1 Council prepares draft operational plan which s 405 includes the council's revenue policy for the next year Council publicly exhibits draft operational plan s 405 (3) Public notice of draft operational plan for not less ss 405 (3), than 28 days 532 Council considers submissions concerning draft ss 405 (5), operational plan 706 (2) Council adopts operational plan s 405 (1) [15] Section 574 Appeal on question of whether land is rateable or subject to 2 a charge 3 Omit "management plan" from the note to the section. 4 Insert instead "operational plan". 5 [16] Section 610B Fees to be determined in accordance with pricing 6 methodologies 7 Omit "management plan" wherever occurring. 8 Insert instead "operational plan". 9 [17] Section 610F Public notice of fees 10 Omit "management plan" wherever occurring. 11 Insert instead "operational plan". 12 [18] Schedule 6 Regulations 13 Omit "The form and content of management plans" from the examples under 14 clause 18. 15 Insert instead "The form and content of community strategic plans, resourcing 16 strategies, delivery programs and operational plans". 17 [19] Schedule 8 Savings, transitional and other provisions consequent on 18 the enactment of other Acts 19 Insert at the end of clause 1 (1): 20 Local Government Amendment (Planning and Reporting) Act 21 2009 22 Page 11 Local Government Amendment (Planning and Reporting) Bill 2009 Schedule 1 Amendment of Local Government Act 1993 No 30 [20] Schedule 8 1 Insert at the end of the Schedule with appropriate Part and clause numbering: 2 Part Provisions consequent on enactment of 3 Local Government Amendment (Planning 4 and Reporting) Act 2009 5 Definitions 6 In this Part: 7 existing annual report provisions means section 428 as in force 8 immediately before the substitution of that section by the 2009 9 amending Act. 10 existing management plan provisions means the provisions of 11 Part 2 of Chapter 13 as in force immediately before the 12 substitution of that Part by the 2009 amending Act. 13 new annual report provisions means sections 428 and 428A as 14 substituted and inserted by the 2009 amending Act. 15 new strategic planning provisions means the provisions of Part 2 16 of Chapter 13 as substituted by the 2009 amending Act. 17 2009 amending Act means the Local Government Amendment 18 (Planning and Reporting) Act 2009. 19 Phasing in of new strategic planning provisions 20 (1) A council must comply with the new strategic planning 21 provisions in accordance with the following timetable: 22 (a) a council in group 1 must endorse a community strategic 23 plan and adopt a resourcing strategy, delivery program and 24 first operational plan by 30 June 2010, 25 (b) a council in group 2 must endorse a community strategic 26 plan and adopt a resourcing strategy, delivery program and 27 first operational plan by 30 June 2011, 28 (c) a council in group 3 must endorse a community strategic 29 plan and adopt a resourcing strategy, delivery program and 30 first operational plan by 30 June 2012 or a later date 31 determined by the Minister under subclause (3). 32 (2) The Minister may by order published in the Gazette place a 33 council in group 1, 2 or 3 for the purposes of this clause. 34 (3) The Minister may by order published in the Gazette determine a 35 later date for the purposes of subclause (1) (c). 36 Page 12 Local Government Amendment (Planning and Reporting) Bill 2009 Amendment of Local Government Act 1993 No 30 Schedule 1 Continued operation of existing annual report and management 1 plan provisions 2 (1) The existing annual report provisions continue to apply to a 3 council in respect of any year before the first year covered by a 4 delivery program of the council. The new annual report 5 provisions do not apply to a council in respect of any year that the 6 existing annual report provisions continue to apply in respect of. 7 (2) The existing management plan provisions continue to apply to a 8 council until the council has endorsed a community strategic plan 9 and adopted a resourcing strategy, delivery program and first 10 operational plan in compliance with the new strategic planning 11 provisions. 12 (3) The existing management plan provisions (as continued by this 13 clause) do not require a council to prepare a draft management 14 plan (or adopt a management plan) for any year that is covered by 15 a delivery program adopted (or to be adopted) by the council 16 under the new strategic planning provisions. 17 (4) When the existing annual report provisions or the existing 18 management plan provisions continue to apply to a council under 19 this clause, those provisions apply as if the amendments made by 20 the 2009 amending Act to the other provisions of this Act had not 21 been made. 22 Page 13
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