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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT BILL 2013

Serial 35
Local Government Amendment Bill 2013
Ms Anderson






A Bill for an Act to amend the Local Government Act, and for related purposes












NORTHERN TERRITORY OF AUSTRALIA

LOCAL GOVERNMENT AMENDMENT ACT 2013

____________________

Act No. [ ] of 2013

____________________

Table of provisions

8 Municipalities, regions and shires
24A Core services
Part 5.1A Local authorities

53A Object

53B Establishment of local authorities

53C Constitution of local authority

53D Functions of local authority

53E Limits on functions of local authority

53F Reporting
62 Timing of meetings of local authorities, local boards, and council committees
72 Expenses
Part 20.4 Transitional provisions for Local Government Amendment Act 2013

275 Regional management plans

bill_text00.jpg
NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2013

____________________

An Act to amend the Local Government Act, and for related purposes

[Assented to [ ] 2013]

[Second reading [ ] 2013]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Local Government Amendment Act 2013.

Part 2 Local Government Act amended
2 Act amended

This Part amends the Local Government Act.

3 Section 3 amended

(1) Section 3, definition Chair, after "a council,"

insert

local authority,

(2) Section 3, definition member, after "a council,"

insert

a local authority,

(3) Section 3

insert (in alphabetical order)

council, for an area, means the council constituted for that area under section 7(b).

local government council, see section 7(b).

4 Section 5 amended

Section 5(3), after "exercised"

insert

or performed

5 Section 7 amended

Section 7(b), after "a council"

insert

(the local government council)

6 Section 8 replaced

Section 8

repeal, insert

8 Municipalities, regions and shires

Local government areas are classified as municipalities, regions or shires according to their geographical size, the density of their population and their degree of urbanisation.

7 Section 9 amended

(1) Section 9(1)(b)

omit, insert

(b) determine whether a local government area is a municipality, a region or a shire;

(ba) change a municipality into a shire, or a shire into a municipality;

(bb) change a municipality into a region or a region into a municipality;

(bc) change a region into a shire, or a shire into a region;

(2) After section 9(2)

insert

(2A) If a Gazette notice under subsection (1) or (2) changes the name of a local government area, or of a local government council, any reference to the area or council is to be read as a reference to the area or council as changed by the notice.

8 Section 11 amended

Section 11(f)

omit

carry out

insert

perform

9 Section 12 amended

Section 12(2)

omit

exercise

insert

perform

10 Chapter 3 heading amended

Chapter 3, heading

omit

regional and

11 Chapter 3, Part 3.1 repealed

Chapter 3, Part 3.1

repeal

12 Chapter 3, Part 3.2 heading amended

Chapter 3, Part 3.2, heading, after "municipal"

insert

, regional

13 Section 22 amended

(1) Section 22, heading, after "municipal"

insert

, regional

(2) Section 22(2), after "municipal plan"

insert

, for a regional council, the regional plan,

(3) Section 22(3), after "municipal"

insert

, regional

14 Section 23 amended

(1) Section 23, heading, after "municipal"

insert

, regional

(2) Section 23(1), after “municipal”

insert

, regional

(3) Section 23(1)(a)

omit, insert

(a) must contain:

(i) a service delivery plan for the period to which the municipal, regional or shire plan relates; and

(ii) the council's budget; and

(4) Section 23(1)(b)(i)

omit, insert

(i) any long-term, community or strategic plan adopted by the council or a local authority or local board and relevant to the period to which the municipal, regional or shire plan relates; and

(5) Section 23(2) and (3), after "municipal"

insert

, regional

15 Section 24 amended

(1) Section 24, heading, after "municipal"

insert

, regional

(2) Section 24(1) to (4), after "municipal" (all references)

insert

, regional

16 Section 24A inserted

After section 24, in Chapter 3, Part 3.2

insert

24A Core services

The Minister may, by Gazette notice, advise one or more regional councils or shire councils as to the services that, in the Minister's view, are services that the regional council or councils or shire council or councils should, as a priority, provide and the regional council or councils or shire council or councils must consider such a list when adopting and renewing their plan.

17 Section 26 amended

Section 26(1)(a)

omit

local boards, council committees

insert

local authorities, local boards or council committees

18 Section 32 amended

Section 32(2)(a)

omit, insert

(a) a local authority; or

(aa) a local board; or

19 Section 41 amended

Section 41(1)

omit (all references)

exercise

insert

performance

20 Section 42 amended

Section 42(3), after "member of"

insert

a regional council or

21 Section 44 amended

(1) Section 44(1) to (3), before "shire council"

insert

regional council or a

(2) After section 44(5)

insert

(6) If a shire is changed into a region or a region is changed into a shire, by Gazette notice under section 9, the basis of filling the office of the principal member remains the same as it was before the change, until changed under this section.

(7) If a shire or a region is changed into a municipality, by Gazette notice under section 9, and the principal member was appointed under this section:

(a) the basis of filling the office of the principal member remains the same as it was before the change; and

(b) as of the date of the next general election the basis of filling the office of the principal member of the municipality is governed by subsection (1)(a).

22 Chapter 5 heading amended

Chapter 5, heading

omit

boards

insert

authorities, local boards

23 Section 48 amended

Section 48, after "government"

insert

as it relates to municipalities and shires

24 Section 49 amended

(1) Section 49(1), before "council"

insert

municipal or shire

(2) Section 49(2)

omit

exercise

insert

perform

25 Section 50 amended

Section 50(1), before "council"

insert

municipal or shire

26 Section 51 amended

(1) Section 51(1)(a), before "council"

insert

municipal or shire

(2) Section 51(1), note

omit

(even though staff members may be disqualified from membership of the council itself)

27 Section 52 amended

Section 52(1)(c) to (e)

omit, insert

(c) to allow local communities a voice in the formulation of policies for the locality as well as policies for the area; and

(d) to take the views of local communities back to the relevant municipal or shire council and act as advocates on their behalf; and

(e) to contribute to the development of the relevant municipal or shire plan.

28 Chapter 5, Part 5.1A inserted

After section 53

insert

Part 5.1A Local authorities

53A Object

The object of this Part is to achieve effective integration and involvement of local communities in the system of local government as it relates to regions.

53B Establishment of local authorities

(1) The Minister may, by Gazette notice:

(a) identify a regional council that must establish one or more local authorities; and

(b) identify the part of the council's area as the location within which each particular local authority is to perform its functions.

(2) A council identified in a Gazette notice mentioned in subsection (1)(a) must establish the local authority in accordance with any guidelines that the Minister may make.

(3) The Minister may, by Gazette notice, abolish a local authority.

53C Constitution of local authority

(1) A local authority is to consist of:

(a) the members of the regional council who represent a ward within which the local authority's area is situated; and

(b) such other members of the community or communities within the local authority's area as the council appoints as members of the local authority.

Note for subsection (1)

A member of the council's staff is eligible for appointment as a member of a local authority.

(2) The principal member of the council is a member ex officio of a local authority and may (but is not obliged to) participate in its meetings.

(3) The council must appoint the members under subsection (1)(b) in accordance with any guidelines that the Minister may make.

53D Functions of local authority

The functions of a local authority are:

(a) to involve local communities more closely in issues related to local government; and

(b) to ensure that local communities are given an opportunity to express their opinions on questions affecting local government; and

(c) to allow local communities a voice in the formulation of policies for the locality as well as policies for the area and the region; and

(d) to take the views of local communities back to the regional council and act as advocates on their behalf; and

(e) to contribute to the development of the relevant regional plan; and

(f) to make recommendations to the council in relation to the council's budget, and to review expenditures by the council, in relation to the part of the council's area within which the local authority performs its functions; and

(g) to perform other functions assigned to the local authority by the Minister, in accordance with any guidelines that the Minister may make.

53E Limits on functions of local authority

(1) A local authority must comply with any guidelines that the Minister may make.

(2) A local authority is subject to control and direction by the council, subject to any guidelines that the Minister may make.

53F Reporting

The local authority and the council must provide each other with reports in accordance with any guidelines that the Minister may make.

29 Part 6.2 heading amended

Part 6.2, heading, after "of"

insert

local authorities,

30 Section 62 replaced

Section 62

repeal, insert

62 Timing of meetings of local authorities, local boards, and council committees

(1) Subject to direction by the council, a local board or council committee meets at times determined by the local board or council committee.

(2) Subject to any guidelines that the Minister may make, and to direction by the council, a local authority meets at times determined by the local authority.

31 Section 63 amended

Section 63(1) to (3), before "local board" (all references)

insert

local authority,

32 Section 64 amended

(1) Section 64(1)

omit, insert

(1) The Chair of a meeting of a local authority, local board or council committee will be:

(a) in the case of a local board – a member appointed by the board as its Chair; or

(aa) in the case of a local authority:

(i) the member of the regional council who represents a ward within which the local authority's area is situated, or

(ii) if there is more than one member of the regional council who represents a ward within which the local authority's area is situated, the member who is appointed by the regional council to be the Chair; or

(b) in the case of a council committee – a member appointed by the council as Chair of the committee; or

(c) in the case of a local board or council committee, if the Chair is not present (or no-one currently holds the position of the Chair) – a member chosen by a majority vote of the members present at the meeting to chair the meeting; or

(d) in the case of a local authority:

(i) if the Chair is not present (or no-one currently holds the position of the Chair) – a member of the local authority who is also a member of the council; or

(ii) if the Chair is not present (or no-one currently holds the position of the Chair) and there is no member of the local authority who is also a member of the council present, another member of the local authority chosen by a majority vote of the members of the local authority present at the meeting.

(2) Section 64(2), before "local board"

insert

local authority,

(3) Section 64(5), before "local board"

insert

local authority, a

(4) Section 64(6)

omit, insert

(6) Subject to this Act, any guidelines that the Minister may make and any direction by the council, a local authority, local board or council committee may determine its own procedures.

33 Part 6.3 heading amended

Part 6.3, heading, after "councils,"

insert

local authorities,

34 Section 65 amended

Section 65(1), after "council,"

insert

local authority,

35 Section 66 amended

Section 66(1), after "council,"

insert

local authority,

36 Section 67 amended

(1) Section 67(1), after "council,"

insert

local authorities,

(2) Section 67(3) and (6), after "council,"

insert

local authority,

37 Section 68 amended

Section 68(2)

omit, insert

(2) A local authority or local board may call a meeting of the electors for its local authority area or local board area.

38 Section 69 amended

Section 69(1) and (2), before "local board"

insert

local authority or the

39 Section 71 amended

(1) Section 71(2)

omit, insert

(2) The allowance for a member of a council is to be at a rate fixed by the council (subject to any guidelines that the Minister may make) for the relevant financial year.

(2A) A member of a local authority is to be paid an allowance by the council to the extent that any guidelines that the Minister may make and that apply in the relevant financial year permit such an allowance to be paid.

(2B) The allowance for a member of a local authority is to be fixed by the council in accordance with any guidelines that the Minister may make and that apply in the relevant financial year.

(2) Section 71(4)(c), after "council"

insert

or local authority

(3) Section 71(5), after "council"

insert

or by the guidelines

40 Section 72 replaced

Section 72

repeal, insert

72 Expenses

A council member or member of a local authority is (subject to conditions and limitations determined by the council) entitled to payment or reimbursement of reasonable expenses for travel and accommodation necessary for:

(a) attending a meeting of the council, local authority, local board or a council committee; or

(b) attending to business of the council in accordance with a prior resolution of the council.

41 Section 73 amended

Section 73(1), after "council,"

insert

local authority,

42 Section 74 amended

(1) Section 74(1), after "council," (all references)

insert

local authority,

(2) Section 74(3)(a)

omit

the local board

insert

local authority, local board

(3) Section 74(6), after "council,"

insert

a local authority,

43 Section 75 amended

(1) Section 75(1), after "council,"

insert

a local authority,

(2) Section 75(2)(a), after "council,"

insert

local authority,

44 Section 76 amended

Section 76(1)

omit

a local board

insert

local authority, local board

45 Section 77 amended

Section 77(2), after "council,"

insert

members of local authorities,

46 Section 107 amended

Section 107(3)(c), after "council,"

insert

a local authority,

47 Section 108 amended

Section 108(4)(c), after "council,"

insert

a local authority,

48 Section 126 amended

Section 126(4)

omit

49 Section 127 amended

(1) Section 127(2)(f)

omit

allowances.

insert

allowances; and

(2) After section 127(2)(f)

insert

(g) contain any other information required by any guidelines that the Minister may make.

50 Section 128 amended

(1) Section 128(2), after "the council"

insert

, or of a local authority established by the council,

(2) Section 128(4), after "municipal"

insert

, regional

51 Section 131 amended

Section 131(3), after "regulations"

insert

and any guidelines that the Minister may make

52 Section 133 amended

Section 133(3)

omit, insert

(3) A person is not eligible to be the auditor if the person:

(a) is a member or a candidate for election as a member of the council; or

(b) holds any other office or position with the council.

53 Section 184 amended

Section 184(2) and (3)

omit, insert

(2) A council has, in regard to such a cemetery, the powers of a Board of Trustees under the Cemeteries Act.

Exception

If a cemetery is managed by a local government subsidiary, the powers of a Board of Trustees under the Cemeteries Act are vested in the local government subsidiary.

(3) A council may make by-laws for the management and control of a public cemetery.

54 Section 199 amended

Section 199(3)

omit, insert

(3) The report must also contain an assessment of the council's performance against the objectives stated in the relevant municipal, regional or shire plan (applying indicators of performance set in the plan), and, in the case of a regional council, of the activities of any local authority within the council's area.

55 Section 200 amended

(1) Section 200(a) to (c)

omit, insert

(c) the council's draft and final municipal, regional or shire plans (See sections 22(3) and 24(2));

(2) Section 200(e), after "council,"

insert

local authorities,

56 Section 237 amended

Section 237, note, paragraph (b), after "council,"

insert

local authority,

57 Section 270

Section 270(1)(c)

omit

exercise

insert

performance

58 Chapter 20, Part 20.4 inserted

After section 274

insert

Part 20.4 Transitional provisions for Local Government Amendment Act 2013

275 Regional management plans

Any regional management plan in force immediately before the date on which this section commences ceases to have any force on and from that date and no rights, duties or obligations under such a plan may be enforced on and from that date.

59 Schedule 1 repealed

Schedule 1

repeal

60 Schedule 2 amended

Schedule 2, clause 10, after "municipality" (all references)

insert

, region

Part 3 Other laws amended
61 Other laws amended

The Schedule amends the laws mentioned in it.

Schedule Other laws amended

section 61

Provision
Amendment

omit
insert
AustralAsia Railway (Special Provisions) Act

section 6
, municipal council and shire
and local government
section 6(b)
, municipal council or shire
or local government
Darwin Port Corporation Act

section 45(2)
municipal or shire
local government
Education (College and School Councils) Regulations
regulation 4E(1)(c)
all words from "municipal or shire" to "government in,"
local government council for
Energy Pipelines Act
sections 6(1)(a) and 13(4)(a)
municipality or shire
local government area
Evidence Act


section 62A(1)
municipality, shire or
local government area or a
Heritage Act


section 45(1)(b)
municipal or shire
local government
Housing Act


section 32(1)(a)
municipality or shire
local government area
section 32(1)(b)
shire
local government area
Interpretation Act


section 17

(in alphabetical order)
local government area means an area as defined in section 3 of the Local Government Act.
local government council means a council as defined in section 3 of the Local Government Act.
Jabiru Town Development Act

section 3, definition Council
West Arnhem Shire Council
local government council with responsibility for the area that includes Jabiru
section 34(b)
West Arnhem Shire

Kava Management Act

section 53

(in alphabetical order)
regional council means a council constituted as a regional council under the Local Government Act.
sections 54(1A) and 58D(1), after "shire council"

or regional council
Liquor Act


section 4, definition local government council
whole definition

section 4

(in alphabetical order)
region means a local government area constituted as a region under the Local Government Act.
shire means a local government area constituted as a shire under the Local Government Act.
sections 27(3), 32A(5) and 46A(4), after "shire council"

or a regional council
section 80(b), after "municipality"

, region
section 119(5), after "shire council"

or a regional council
Litter Act


section 3, definition municipality
and includes a shire

Local Government (Administration) Regulations
regulation10(1)(a)
council committees and local boards
local authorities, local boards and council committees
regulation 10(1)(c), after "local"

authorities, local
regulation 13
all words from "local" to "committee"
local authority, a local board or a council committee
regulation 15(1)(b), after "local"

authorities, local
Local Government Grants Commission Act

section 5(2) and (3)
whole subsection
(2) Of the members appointed under subsection (1)(a):
(a) one must be a person who, in the opinion of the Minister, is capable of representing the interests of municipal councils (within the meaning of the Local Government Act); and
(b) one must be a person who, in the opinion of the Minister, is capable of representing the interests of shire councils or regional councils (within the meaning of the Local Government Act).
(3) The Minister must, before making an appointment under subsection (2), request the Local Government Association of the Northern Territory to nominate 3 persons from whom may be appointed a member to represent the interests of municipal councils and 3 other persons from whom may be appointed a member to represent the interests of shire councils or regional councils.
Northern Territory Aboriginal Sacred Sites Regulations
Schedule 4, item 1(b)(i) and (c)(i)
Shire

Volatile Substance Abuse Prevention Act

section 42(1), definition community council, paragraph (a), after "council"

or regional council
Volatile Substance Abuse Prevention Regulations
regulation 3

(in alphabetical order)
local authority means a local authority established under section 53B of the Local Government Act.
regulation 8(2)
a local board
the local board
a local authority or a local board
the local authority or local board


 


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