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LOCAL GOVERNMENT ACT 1989


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Preamble  
   1A.     Interpretation of Act  
   1B.     Construction of Act  
   2.      Commencement  
   3.      Definitions  

   PART 2--THE COUNCIL

   PART 3--ELECTIONS

   PART 4--COUNCIL ADMINISTRATION

           Division 1--The Mayor and other Councillors

           Division 3--Council staff

   94.     The Chief Executive Officer  
   94A.    Functions of the Chief Executive Officer  
   94AB.   Transitional provision relating to senior officers  
   94B.    Restrictions concerning the appointment of senior officers  
   94C.    Employment principles  
   94D.    Duty of Chief Executive Officer  
   95.     Conduct principles  
   95AA.   Code of conduct for Council staff  
   95A.    Employment of senior officers to be regulated by contract  
   95B.    Powers of the Minister concerning the employment of senior officers  
   95C.    Validity of decisions  
   96.     Equal Employment Opportunity  
   97A.    Performance of senior officers to be assessed annually  
   97B.    Definition of senior officer remuneration threshold  
   101.    Long service leave  
   102.    Restriction concerning the employment of ex‑councillors  

   PART 5--LOCAL LAWS

   111.    Power to make local laws  
   111A.   Guidelines  
   112.    Incorporation by reference  
   113.    Permits, licences, fees and charges  
   114.    Delegations  
   115.    Penalties  
   116.    Application of local law  
   117.    Infringement notices  
   118.    Local law is a subordinate instrument  
   119.    Procedure for making a local law  
   120.    Availability of local laws  
   121.    Commencement of local laws  
   122.    Sunset provision  
   123.    Revocation by Governor in Council  
   124.    Validity of local law  

   PART 7--FINANCIAL MANAGEMENT

   136.    Principles of sound financial management  
   140.    Accounts and records  
   141.    Payments  
   142.    Power to defer or waive payments  
   143.    Investments  
   144.    Power to borrow  
   145.    Circumstances in which power to borrow may be exercised  
   146.    Budget or revised budget must include proposed borrowings  
   147.    Use of loan for different purpose  
   148.    Borrowings to be secured  
   149.    Provisions with respect to securities  
   150.    Overdrafts  

   PART 8--RATES AND CHARGES ON RATEABLE LAND

           Division 1--Declaration of rates and charges

   154.    What land is rateable?  
   155.    What rates and charges may a Council declare?  
   156.    Liability to pay rates and charges  
   157.    Which systems of valuing land may a Council use?  
   158.    Declaring rates and charges  
   158A.   Rates and charges to be levied on each occupancy  
   159.    Municipal charge  
   160.    Uniform rate  
   161.    Differential rates  
   161A.   Limited differential rates  
   162.    Service rate and service charge  
   163.    Special rate and special charge  
   163A.   Submissions concerning special rates and charges  
   163B.   Objection process relating to certain special rates and charges  
   164.    Discontinuance of the works and projects for a special rate or special charge  
   165.    Receipt of excess money  
   166.    Variation of special rate or special charge  

           Division 2--Payment of rates and charges

   167.    Payment of rates and charges  
   168.    Incentives for prompt payment  
   169.    Rebates and concessions  
   170.    Deferred payment  
   171.    Waiver  
   171A.   Waiver by application—financial hardship  
   172.    Council may charge interest on unpaid rates and charges  
   173.    Land becoming or ceasing to be rateable land  
   174A.   Land which ceases to be urban farm land or residential use land  
   175.    Person acquiring rateable land  
   177.    Council may require occupier to pay rent  
   178.    Occupier who pays rates or charges  
   179.    Invalidity of any rate or charge  
   180.    Unpaid rate or charge  
   181.    Council may sell land to recover unpaid rates or charges  

           Division 2A--Environmental upgrade agreements

   181A.   Environmental upgrade agreement  
   181B.   Conditions to be met before Council may enter into environmental upgrade agreement  
   181C.   Environmental upgrade charge  
   181D.   Environmental upgrade agreement provisions  
   181E.   Liability of Council to recover environmental upgrade charge  
   181F.   Other responsibilities of Council  
   181G.   Quarterly statement  
   181H.   Delegation to Chief Executive Officer  
   181I.   Guidelines  
   181J.   Environmental upgrade agreements and charges under City of Melbourne Act 2001  

           Division 3--Reviews and appeals

   183.    Review of differential rating by VCAT  
   184.    Appeal to County Court  
   185.    Application to VCAT  
   185AA.  Application for declaration  
   185AB.  Matters VCAT must take into account  

   PART 8A--RATE CAPS

   185A.   Purposes of this Part  
   185B.   Base average rate  
   185C.   Capped average rate  
   185E.   Council may apply for higher cap  
   185F.   Councils must comply with a general Order and any special Order that applies  
   185G.   Review  

   PART 8B--CLADDING RECTIFICATION AGREEMENTS

   185H.   Definitions  
   185I.   Cladding rectification agreement  
   185J.   Conditions to be met before entering into cladding rectification agreement  
   185K.   Cladding rectification agreements with owners corporations  
   185L.   Cladding rectification charge  
   185M.   Liability of occupier to pay cladding rectification charge  
   185N.   Liability of Council to recover cladding rectification charge  

   PART 9--SPECIFIC FUNCTIONS, POWERS AND RESTRICTIONS

           Division 1--General provisions

   186.    Restriction on power to enter into contracts  
   186A.   Procurement policy  
   187.    Acquisition and compensation  
   187A.   Creation of easements  
   189.    Restriction on power to sell land  
   190.    Restriction on power to lease land  
   191.    Transfer, exchange or lease of land without consideration  
   192.    Use of land for another purpose  
   193.    Entrepreneurial powers  
   196.    Regional libraries  
   197.    Submissions on regional library agreements  
   197A.   Restrictions on the power of a regional library to borrow  
   197B.   Restriction on power of regional library to delegate its powers  
   197D.   Library Plan  
   197E.   Attendance at meetings of the governing body of a regional library  
   197F.   Restriction on power to make local laws  
   197G.   Winding up of regional libraries  
   198.    Sewers and drains vested in the Council  
   199.    Concentration or diversion of drainage  
   200.    Drainage of land  
   201.    Approved schemes  

           Division 2--Provisions relating to transport

   203.    Transport plan  
   203A.   Transport services  
   204.    Council may declare a road to be a public highway or to be open to the public  
   205.    Councils to have the care and management of certain roads  
   206.    Power of Councils over roads  
   207.    Powers of Councils over traffic  
   207A.   Submissions under section 223  
   207B.   Certain land used, or to be used, for roads to vest in Council  
   207C.   Sewers, pipes, wires etc. of public authorities not affected  
   207D.   Registration of titles of land affected by action concerning roads  
   207E.   Alterations to titles if land exchanged  
   208.    Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986  
   208AA.  Heavy Vehicle National Law (Victoria)  

           Division 3--Best value principles

   208A.   Best Value Principles to be followed  
   208B.   Best Value Principles  
   208C.   Factors that may be looked at in applying the Principles  
   208D.   Quality and cost standards  
   208E.   When the Best Value Principles are to be implemented  
   208F.   Standards to be publicly available  
   208G.   Report on Best Value Principles compliance  
   208H.   Ministerial Codes  
   208I.   Ministerial guidelines  
   208J.   Minister must consult  

   PART 10--INQUIRIES, REVIEWS AND SUSPENSION OF COUNCILS

   PART 11--GENERAL

   221.    Service charges on non-rateable land  
   223.    Right to make submission  
   224.    Authorised officers  
   224A.   Police may act as authorised officers to enforce certain local laws  
   225.    When Council or other person can carry out required work  
   226.    Right of owner to carry out required work on occupied land  
   227.    Recovery of money owed to Council by former owner or occupier  
   227AA.  Recovery of costs and fees under Housing Act 1983  
   227A.   Council may charge interest on unpaid money  
   229.    Land information certificate  
   230.    Notice in relation to disposition of land  
   231.    Notice in relation to acquisition of land  
   237A.   Council to provide information relating to land to inspectors of livestock  
   243.    Regulations  

   PART 12--SAVINGS AND TRANSITIONAL PROVISIONS

   244.    Local Government (Consequential Provisions) Act 1989  
   245.    Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  
   246.    Local Government Amendment (Performance Reporting and Accountability) Act 2014—financial year commencing on 1 July 2013  
   247.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters  
   248.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review  
   249.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review)  
   250.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration  
   251.    Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform  
   252.    Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters  
           SCHEDULE 6
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           ENDNOTES


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