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This is a Bill, not an Act. For current law, see the Acts databases.
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
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.
(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).
Section 5(3), after "exercised"
insert
or performed
Section 7(b), after "a council"
insert
(the local government council)
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.
(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.
Section 11(f)
omit
carry out
insert
perform
Section 12(2)
omit
exercise
insert
perform
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
(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
(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
(1) Section 24, heading, after "municipal"
insert
, regional
(2) Section 24(1) to (4), after "municipal" (all references)
insert
, regional
After section 24, in Chapter 3, Part 3.2
insert
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.
Section 26(1)(a)
omit
local boards, council committees
insert
local authorities, local boards or council committees
Section 32(2)(a)
omit, insert
(a) a local authority; or
(aa) a local board; or
Section 41(1)
omit (all references)
exercise
insert
performance
Section 42(3), after "member of"
insert
a regional council or
(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).
Chapter 5, heading
omit
boards
insert
authorities, local boards
Section 48, after "government"
insert
as it relates to municipalities and shires
(1) Section 49(1), before "council"
insert
municipal or shire
(2) Section 49(2)
omit
exercise
insert
perform
Section 50(1), before "council"
insert
municipal or shire
(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)
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
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.
The local authority and the council must provide each other with reports in accordance with any guidelines that the Minister may make.
Part 6.2, heading, after "of"
insert
local authorities,
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.
Section 63(1) to (3), before "local board" (all references)
insert
local authority,
(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.
Part 6.3, heading, after "councils,"
insert
local authorities,
Section 65(1), after "council,"
insert
local authority,
Section 66(1), after "council,"
insert
local authority,
(1) Section 67(1), after "council,"
insert
local authorities,
(2) Section 67(3) and (6), after "council,"
insert
local authority,
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.
Section 69(1) and (2), before "local board"
insert
local authority or the
(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
Section 72
repeal, insert
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.
Section 73(1), after "council,"
insert
local authority,
(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,
(1) Section 75(1), after "council,"
insert
a local authority,
(2) Section 75(2)(a), after "council,"
insert
local authority,
Section 76(1)
omit
a local board
insert
local authority, local board
Section 77(2), after "council,"
insert
members of local authorities,
Section 107(3)(c), after "council,"
insert
a local authority,
Section 108(4)(c), after "council,"
insert
a local authority,
Section 126(4)
omit
(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.
(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
Section 131(3), after "regulations"
insert
and any guidelines that the Minister may make
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.
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.
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.
(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,
Section 237, note, paragraph (b), after "council,"
insert
local authority,
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
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.
Schedule 1
repeal
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.
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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