New South Wales Repealed Acts

This legislation has been repealed.

LOCAL GOVERNMENT AREAS AMALGAMATION ACT 1980 - SECT 12

12 Delegates to certain county councils

(1) In this section:
"affected area" means a constituent area within the meaning of this Act.
"appointed period", in relation to a county council, means the period of 2 months commencing with the day appointed for the county council under subsection (2).
"nominated county council" means a county council specified in Part 1 of the Table to this section.
"prescribed county council" means a county council specified in Part 2 of the Table to this section.

(2) The Minister may, by order in writing published in the Gazette, appoint a day occurring after 20 November 1980 with respect to each nominated county council and prescribed county council as the day with which the appointed period for the county council shall commence.

(3) An order may be made under subsection (2) appointing the same day with respect to all or any number of the nominated county councils or prescribed county councils.

(4) For the purposes of section 562 (10) of the Principal Act, the prescribed time within which the next general election, after 20 September 1980, of a nominated county council shall be held is the period of 2 months commencing with that day.

(5) If the date of assent to this Act occurs after 20 September 1980, any election of a delegate to a nominated county council held under the Principal Act before that date of assent which:

(a) had subsection (4) been in force when the election was held, would have been a lawful election, and

(b) would not otherwise have been a lawful election,

is hereby validated.

(6) The term of office of a person elected:

(a) at a general election of a nominated county council held within the period of 2 months commencing with 20 September 1980, and

(b) as a delegate for a county electorate comprised of, or a combined county electorate which includes, the whole or any part of an affected area,

shall end upon the expiration of the appointed period for the county council.

(7) An extraordinary election of delegates to a nominated county council for each of the county electorates, or combined county electorates, within the county district of the county council which are comprised of, or include, the whole or any part of a united area shall be held under the Principal Act within the appointed period for the county council.

(8) A general election of a prescribed county council shall be held under the Principal Act within the appointed period for the county council.

(9) The term of office of a person elected:

(a) at an extraordinary election of delegates to a nominated county council required to be held by subsection (7), or

(b) at a general election of a prescribed county council required to be held by subsection (8),

shall commence upon the expiration of the appointed period for the county council and end upon the next general election of the county council.

(10) For the purposes only of:

(a) an extraordinary election of delegates to a nominated county council required to be held by subsection (7),

(b) a general election of a prescribed county council required to be held by subsection (8), or

(c) an extraordinary election of a delegate to fill a vacancy in the office of a person elected at an election referred to in paragraph (a) or (b),

being in each case an election held before 1 January 1981, a reference:

(d) in Part 29 of the Principal Act or any ordinance made thereunder to:

(i) an area or part thereof, shall be construed as a reference to a united area or part thereof or an area or part thereof other than an affected area or part thereof, or

(ii) a council (other than a county council), shall be construed as a reference to the council of a united area or of an area other than an affected area, or

(e) in a proclamation under section 561 of the Principal Act, to the whole or any part of an affected area, shall be construed as a reference to:

(i) the corresponding part of the united area of which the affected area forms part, or

(ii) where the affected area is divided by the common boundary of 2 united areas--the corresponding part or parts of either or both of those united areas, as the case may be.

(11) To the extent that they are not inconsistent with the provisions of section 7 (5) or (6), this section or a proclamation under section 21 (1) of the Principal Act, the provisions of the Principal Act and of the ordinances made under that Act:

(a) relating to an extraordinary election of a delegate to a county council, shall apply to and in respect of an election required to be held by subsection (7), or

(b) relating to a general election of delegates to a county council, shall apply to and in respect of an election required to be held by subsection (8).

(12) Nothing in this section or section 7 prevents a delegate to a county council from being re-elected as such a delegate.

(13) For the purposes of Ordinance No 20 made under the Principal Act, an ordinary election of aldermen or councillors for a united area held in 1983 shall be deemed to be a triennial election.

Table

Part 1 Central Tablelands County Council
Hawkesbury River County Council
Illawarra County Council
Macquarie County Council
Namoi Valley County Council
Prospect County Council
Shortland County Council

Part 2 Central Northern County Council
Central West County Council
Gwydir Valley County Council
Lachlan Valley County Council
Monaro County Council
North West County Council
Northern Riverina County Council
Oxley County Council
Peel-Cunningham County Council
Southern Riverina County Council