LOCAL GOVERNMENT ACT 2019 (NO 39 OF 2019)

Northern Territory Numbered Acts

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LOCAL GOVERNMENT ACT 2019 (NO 39 OF 2019)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--INTRODUCTION

1. Short title
2. Commencement
3. Act binds Crown

PART 1.2--WHAT THIS ACT IS ABOUT

4. Principles
5. Rights and interests of Aboriginal traditional owners
6. Overview

PART 1.3--INTERPRETATION

7. Definitions
8. Meaning of associate
9. Meaning of prescribed corporation
10. Meaning of relevant interest rate
11. Public notice for matters in relation to elections
12. Council policies to be consistent with code of conduct

PART 1.4--APPLICATION OF CRIMINAL CODE

13. Application of Criminal Code

CHAPTER 2--SYSTEM OF LOCAL GOVERNMENT

PART 2.1--LOCAL GOVERNMENT AREAS

14. Local government system
15. Municipalities, regions and shires

PART 2.2--CONSTITUTIVE POWERS

16. Power to establish local government etc.
17. Merger of local government areas or division of local government area
18. Consequential adjustment of rights and liabilities
19. Prospective council
20. By-laws

PART 2.3--ROLE, FUNCTIONS AND OBJECTIVES OF COUNCILS

21. Principal role of council
22. Functions of council
23. Powers of council
24. Objectives of council
25. Operations outside area

CHAPTER 3--PLANNING AT LOCAL LEVEL

PART 3.1--DEFINITION

26. Definition

PART 3.2--LOCAL GOVERNMENT REPRESENTATION COMMITTEE

27. Local Government Representation Committee
28. Powers of committee
29. Procedures
30. Considerations for determination
31. Assessment criteria for committee to use in determinations
32. Assessment criteria in relation to division of wards

PART 3.3--MUNICIPAL, REGIONAL OR SHIRE PLANS

33. Meaning of municipal , regional or shire plans
34. Contents of municipal, regional or shire plan
35. Municipal, regional or shire plans
36. Core services

CHAPTER 4--COUNCIL AND ITS MEMBERS

PART 4.1--COUNCIL AS BODY CORPORATE

Division 1--Corporate nature, capacity and powers of council

37. Council as body corporate
38. How council acts in its corporate capacity
39. Formation, ownership or participation in other bodies corporate

Division 2--Delegation

40. Delegation
41. Review of delegation

PART 4.2--COUNCIL MEMBERS

Division 1--Composition of councils

42. Composition of council
43. Vacancy etc. in office of member

Division 2--Role of members

44. Role of members
45. Professional development of members

Division 3--Terms and conditions of membership

Subdivision 1--Term of membership and disqualification

46. Eligibility for membership
47. Disqualification
48. Basic term of office
49. Disclosure requirements

Subdivision 2--Casual vacancies

50. Casual vacancies
51. Resignation or notification if disqualified
52. Electoral Commissioner to confirm if person is not enrolled as an elector
53. Notifying CEO of resignation
54. Filling casual vacancy generally
55. Reinstatement if member stands as candidate

Subdivision 3--Eligibility for office

56. Determination of eligibility for office by NTCAT

Subdivision 4--Protection from liability

57. Protection from liability

Subdivision 5--Principal member

58. Mayor or President
59. Role and functions of principal member and deputy or acting principal member
60. Election or appointment of principal member
61. Election or appointment of principal member and deputy principal member
62. Term of office
63. Resignation of principal member
64. Resignation of deputy principal member
65. Filling casual vacancies – principal member

PART 4.3--COUNCIL OFFICE

66. Council office

PART 4.4--LOCAL GOVERNMENT SUBSIDIARY

67. Local government subsidiary
68. Corporate identity and functions of local government subsidiary
69. Constitution of local government subsidiary
70. Reporting obligations
71. Chief executive
72. Delegation by chief executive
73. Offences for conflict of interest
74. Abolition of local government subsidiary

CHAPTER 5--LOCAL DECISION MAKING

PART 5.1--LOCAL AUTHORITIES

75. Object
76. Local authorities
77. Constitution of local authority
78. Functions of local authority
79. Limits on functions of local authority
80. Reporting
81. Council to work with local authority

PART 5.2--COUNCIL COMMITTEES

82. Council committees
83. Nature of committee's functions
84. Control and direction by council
85. Procedures

PART 5.3--AUDIT COMMITTEES

86. Audit committee
87. Nature of committee's functions
88. Control and direction by the council
89. Procedures

CHAPTER 6--MEETINGS

PART 6.1--COUNCIL MEETINGS

90. Nature and timing of council meetings
91. Convening of meetings
92. Notice for meeting
93. Publication of notice
94. Business to be considered at meeting
95. Procedure at meeting

PART 6.2--MEETINGS OF AUDIT COMMITTEES, COUNCIL COMMITTEES AND LOCAL AUTHORITIES

96. Timing of meetings of audit committees, council committees and local authorities
97. Convening of meetings
98. Procedure at meeting

PART 6.3--PROVISIONS OF GENERAL APPLICATION TO MEETINGS OF AUDIT COMMITTEES, COUNCILS, COUNCIL COMMITTEES AND LOCAL AUTHORITIES

99. Meetings to be open to public
100. Postponement of meeting
101. Minutes
102. Public access to minutes

PART 6.4--MEETINGS OF ELECTORS

103. Calling meeting of electors
104. Procedure at meeting
105. Effect of resolution passed at meeting of electors

CHAPTER 7--RIGHTS AND OBLIGATIONS OF MEMBERS

PART 7.1--ALLOWANCES AND EXPENSES

106. Allowance for members of council
107. Allowance for members of local authority
108. Allowances generally
109. Expenses and benefits

PART 7.2--INTERESTS

110. Annual return of interests – members
111. Register of annual returns of interests
112. Relevant gifts and benefits
113. Register of declared gifts and benefits
114. Conflict of interest
115. Disclosure of interest
116. Register of declared conflicts
117. Registers to be published

PART 7.3--CONFIDENTIAL INFORMATION

118. Improper use of information

PART 7.4--CODE OF CONDUCT

Division 1--Code of conduct to apply

119. Code of conduct to apply

Division 2--Contravention of code of conduct by council members

Subdivision 1--Complaint and review of decision about complaint

120. Complaints of contravention of code of conduct
121. Policy for contravention of code of conduct
122. Complaint referred to council by CEO
123. Council or council panel decides complaint
124. Complainant or respondent may request referral to third party or refer to prescribed corporation
125. Referral to third party
126. Notice of decision – council or council panel
127. Referral or application for consideration to prescribed corporation
128. Procedure of prescribed corporation panel
129. Notice of decision – prescribed corporation panel
130. Failure to comply with prescribed corporation panel recommendation

Subdivision 2--No decision by council, council panel or prescribed corporation panel

131. No decision by council or council panel
132. No decision by prescribed corporation panel

PART 7.5--REMOVAL FROM OFFICE BY NTCAT

133. Removal of member from office

CHAPTER 8--ELECTIONS AND POLLS

PART 8.1--GENERAL ELECTIONS

134. Minister's power to call general election
135. Periodic general elections

PART 8.2--BY-ELECTIONS

136. By-elections
137. Resolution for mandatory postal vote election

PART 8.3--ELECTORS AND ELECTORAL ROLLS

138. Entitlement to vote
139. Electoral rolls
140. Use of electoral roll for by-election

PART 8.4--CONDUCT OF ELECTIONS

141. Conduct of elections and polls
142. Voting

PART 8.5--ELECTORAL DISPUTES

143. Disputing validity of election or poll
144. Service of application
145. Powers of NTCAT
146. Exclusive method of challenge

PART 8.6--DONATION DISCLOSURE

147. Definitions
148. Campaign donation return
149. Period for disclosure
150. Candidate to know details for donation or loan
151. Contents of return
152. Incomplete return
153. Permission to amend return
154. Offences
155. Time limit for starting prosecutions
156. Investigation by Electoral Commission

PART 8.7--MISCELLANEOUS MATTERS

Division 1--Interpretation

157. Definitions
158. Meaning of campaign material
159. Meaning of electoral matter

Division 2--Miscellaneous matters

160. Minister's powers in relation to election
161. Caretaker policy during general election
162. Interference with proper conduct of election or poll
163. Secrecy of vote
164. Offences relating to campaign material

CHAPTER 9--COUNCIL STAFF

PART 9.1--COUNCIL'S CEO

165. CEO
166. Eligibility for CEO and Deputy CEO
167. Role and functions of CEO
168. Delegation by CEO
169. Vacancy

PART 9.2--OTHER STAFF

170. Other staff of council
171. CEO to notify council of change in staff

PART 9.3--PRINCIPLES AND POLICIES

172. Principles of human resource management
173. Employment policies
174. Allowances and other benefits policy
175. Code of conduct for CEO and staff

PART 9.4--LOCAL GOVERNMENT SUBSIDIARY

176. Application to local government subsidiary

PART 9.5--STAFF OBLIGATIONS

177. Standards to be observed by council's staff and local government subsidiary's staff
178. Annual return of interests – staff
179. Offences for conflict of interest

PART 9.6--RIGHTS AND IMMUNITIES OF STAFF

180. Portability of long service leave rights
181. Resignation to contest election – staff members
182. Protection from liability

PART 9.7--AUTHORISED PERSONS

Division 1--Appointment of authorised persons

183. Appointment of authorised persons
184. Powers of authorised persons
185. Identity card
186. Return of identity card

Division 2--General powers of authorised person

187. Power to require statement of name and address
188. Power to enter land or premises
189. Assistance of police

Division 3--Obstruction of authorised person

190. Obstruction of authorised person

CHAPTER 10--FINANCIAL MANAGEMENT

PART 10.1--RECEIPT AND EXPENDITURE OF MONEY

191. Definition
192. Authorised deposit accounts
193. Segregation of certain money

PART 10.2--INVESTMENT

194. Investment

PART 10.3--COUNCIL OR LOCAL GOVERNMENT SUBSIDIARY BORROWING

195. Definition
196. Meaning of borrowing
197. Council's or local government subsidiary's power to borrow
198. Security for borrowing
199. Security over general revenue

PART 10.4--LONG-TERM FINANCIAL PLAN

200. Long-term financial plan

PART 10.5--ANNUAL BUDGETS

201. Annual budgets
202. Budget not to be for deficit
203. Adoption of budget or amended budget
204. Allocation of money not in budget

PART 10.6--ACCOUNTING RECORDS

205. Accounting records
206. Availability of records for inspection

PART 10.7--ANNUAL FINANCIAL STATEMENT

207. Annual financial statement
208. Reference of annual financial statement for audit

PART 10.8--AUDIT

Division 1--Auditor

209. Auditor
210. Appointment by the Minister

Division 2--Audit

211. Annual audit
212. Other audits
213. Assistance to be provided to auditor

PART 10.9--RECTIFICATION ORDERS

214. Power of Minister to make rectification order
215. Non-compliance with rectification order

PART 10.10--SHARED SERVICES

216. Shared services policy

CHAPTER 11--RATES AND CHARGES

PART 11.1--RATEABILITY

217. Categorisation of land
218. Rateable land
219. Conditionally rateable land
220. Council to rate all rateable land
221. Urban farm land
222. Exempt land
223. Special cases
224. Apportionment if land rateable for part only of financial year

PART 11.2--BASIS FOR ASSESSMENT OF RATES

225. Allotments
226. Basis of rates
227. Basis of assessed value

PART 11.3--LIABILITY FOR RATES

228. Joint and several liability
229. Principal ratepayer for an allotment

PART 11.4--ASSESSMENT RECORD

230. Assessment record
231. Notifications to be given by ratepayers
232. Correction of record by council
233. Correction of record by application
234. Liability for rates
235. Correction of record for misclassification
236. Entitlement to difference in rates

PART 11.5--IMPOSITION OF RATES, CHARGES AND PARKING RATES

Division 1--General and special rates

237. General rates
238. Special rates

Division 2--Charges

239. Imposition of charges

Division 3--Parking rate for council for municipality

240. Imposition of parking rate

PART 11.6--GENERAL AND PARTICULAR NOTICE

241. Public notice
242. Rates notice
243. Discount for prompt payment
244. Payment by instalment

PART 11.7--INTEREST ON UNPAID RATES

245. Accrual of interest on overdue rates
246. Remission of interest

PART 11.8--RATE CONCESSIONS

247. Rate concessions
248. Rate concession to alleviate financial hardship
249. Correction of anomalies in operation of rating system
250. Public benefit concessions
251. Rate concession not to exceed term of council

PART 11.9--RECOVERY OF RATES

Division 1--Application of this Part

252. Extended meaning of rates in this Part

Division 2--Application of payments

253. Application of payments

Division 3--Recovery by action

254. Recovery by action

Division 4--Overriding statutory charge

255. Overdue rates to be charge on land
256. Registration of charge
257. Effect of registered charge

Division 5--Sale of land

258. Power to sell land for non-payment of rates
259. Pre-conditions of sale
260. Sale of land
261. Proceeds of sale

PART 11.10--CORRECTION OF ERRORS

262. Correction of errors

CHAPTER 12--COUNCIL PROPERTY

PART 12.1--PROPERTY GENERALLY

263. Acquisition of property
264. Assumption of care, control and management of land
265. Power to develop and improve land
266. Power to act as trustee
267. Power to deal with and dispose of property

PART 12.2--RESERVES AND CEMETERIES

268. Reserves
269. Public cemeteries

PART 12.3--ROADS

270. Roads
271. Care, control and management of roads
272. Closing of roads
273. Establishment of new road
274. Substantial temporary road closure

CHAPTER 13--REGULATORY POWERS

PART 13.1--BY-LAWS

275. Power to make by-laws
276. Principles applying to by-laws
277. By-laws for animal management
278. Making by-laws
279. Accessibility of by-laws
280. Matters of evidence for entries in register
281. Determinations to be published

PART 13.2--REGULATORY ORDERS

Division 1--Categories of regulatory order

282. Regulatory order
283. Visual pollution
284. Mitigation of hazard or nuisance
285. Animals and activities involving animals

Division 2--Regulatory orders generally

286. Review of orders
287. Time for carrying out work under regulatory order
288. Non-compliance with order

PART 13.3--FEES FOR SERVICES

289. Fees for services

CHAPTER 14--REPORTING AND PUBLIC DISCLOSURE

PART 14.1--ANNUAL REPORTS

290. Annual reports
291. Content of annual report

PART 14.2--PUBLIC ACCESS TO INFORMATION

292. Information to be publicly available
293. Suppression of certain information

CHAPTER 15--COMPLIANCE REVIEWS AND INVESTIGATIONS

PART 15.1--INSPECTORS

294. Inspectors
295. Identity card
296. Return of identity card
297. Functions of an inspector

PART 15.2--COMPLIANCE REVIEW

298. Program of compliance reviews
299. Carrying out of compliance review
300. Agency must report on results of compliance review

PART 15.3--INVESTIGATIONS

301. Investigations

PART 15.4--POWERS OF INSPECTOR

302. Power of entry
303. Power of formal questioning
304. Self-incrimination
305. Confidential matters
306. Inspector's report

PART 15.5--NTCAT'S POWER TO REMEDY IRREGULARITY

307. Power to impose surcharge
308. Recovery of surcharge

CHAPTER 16--INQUIRIES

PART 16.1--ESTABLISHMENT OF COMMISSION

309. Establishment of commission of inquiry
310. Commissioner's terms of office

PART 16.2--CONDUCT OF INQUIRY

311. Conduct of inquiry
312. Evidentiary powers of commission
313. Legal representation
314. Reopening of inquiry
315. Report of commission of inquiry

CHAPTER 17--DEFAULTING COUNCILS

PART 17.1--REQUIRED REMEDIAL ACTION

316. Minister may require action to remedy deficiencies

PART 17.2--FINANCIAL CONTROLLER

317. Financial controller

PART 17.3--OFFICIAL MANAGEMENT

318. Official management of councils
319. General election for council under official management
320. Resignation of suspended member
321. Official manager

CHAPTER 18--REVIEW OF DECISIONS

PART 18.1--INTERNAL REVIEW

322. Reviewable decisions
323. Right to apply for review
324. Consideration of application by administrative review committee
325. Council's decision on recommendation
326. No decision by council

PART 18.2--JURISDICTION OF NTCAT

327. Review by NTCAT
328. Review does not affect decisions and orders

CHAPTER 19--MISCELLANEOUS

PART 19.1--LEGAL PROCEEDINGS

329. Commencement of legal proceedings on behalf of council

PART 19.2--SERVICE OF DOCUMENTS

330. Service of documents on council or local government subsidiary
331. Service of documents by council or local government subsidiary

PART 19.3--EVIDENCE

332. Judicial notice to be taken of certain facts
333. Certified copies of minutes
334. Evidence of land ownership

PART 19.4--OFFENCES FOR UNAUTHORISED DISCLOSURE AND MISLEADING INFORMATION

335. Offence to disclose certain information
336. Misleading information

PART 19.5--CARRYING OUT WORK ON LAND

337. Occupier entitled to carry out work on land
338. Owner entitled to enter land to carry out work

PART 19.6--CERTIFICATES OF LIABILITIES

339. Certificates

PART 19.7--ACQUISITION ON JUST TERMS

340. Acquisition on just terms

PART 19.8--FORMS, GUIDELINES AND REGULATIONS

341. Approved forms
342. Guidelines
343. Regulations

CHAPTER 20--REPEALS

344. Acts repealed

CHAPTER 21--TRANSITIONAL MATTERS FOR LOCAL GOVERNMENT ACT 2019

345. Definitions
346. Continuation of LGANT
347. LGANT in formation of local government subsidiary
348. Continuation of existing councils and by-laws
349. Regional councils taken to be local government councils
350. Contents of municipal, regional or shire plan
351. Local government subsidiaries
352. Formation, ownership or participation in other bodies corporate before the commencement
353. Continuation of allowances and expenses
354. Conflict of interest if interest relates to allowances or expenses
355. Preservation of local government functions of Nhulunbuy Corporation Limited
356. Annual review of plans
357. Local authorities
358. Complaints of breach of code of conduct
359. Eligibility requirements for CEO, Deputy CEO and chief executive
360. Long-term financial plan
361. Land exempt from rates
362. Declaration of general rates
363. Official management of councils
364. Roads
365. Adoption of code of conduct and policies by councils
366. Adoption of code of conduct and policies by local government subsidiaries
367. Transitional regulations

CHAPTER 22--CONSEQUENTIAL AMENDMENTS

PART 22.1--AMENDMENTS TO ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) ACT 2006

368. Act amended
369. Part 3, Division 1A inserted

PART 22.2--OTHER LEGISLATION AMENDED

370. Legislation amended

PART 22.3--REPEAL OF CHAPTER

371. Repeal of Chapter
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5

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