Local Government Amendment (Governance and Planning) Act 2016 (NSW)

Local Government Amendment (Governance and Planning) Act 2016 No 38

An Act to amend the Local Government Act 1993 with respect to the governance and planning functions and auditing of councils; and for other purposes.

1 Name of Act This Act is the Local Government Amendment (Governance and Planning) Act 2016.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Schedule 1 [6], [8], [11], [12], [14], [17], [19]–[22], [88] and [89] commence on the date of assent to this Act.

Schedule 1 Amendment of Local Government Act 1993 No 30

[1]–[3] (Repealed)

[4] Section 224A Approval to reduce number of councillors Omit section 224A (7)–(9). Insert instead: (7) An application may be made under this section only by a council that is prescribed by the regulations for the purposes of this section. (8) The application may be made after the commencement of this subsection (as substituted by the Local Government Amendment (Governance and Planning) Act 2016) and not later than 12 months before the next ordinary election of councillors after that commencement. (9) Nothing in this section prevents a council from making more than one application under this section or from taking action under section 224 to change the number of its councillors.

[5]–[26] (Repealed)

[27] Section 365A Insert after section 365:

365A Reduction in meetings (1) A council may resolve to make an application to the Minister to approve a reduction in the number of times that a council is required to meet each year to a number specified in the resolution. (2) The council must give not less than 42 days' public notice of its proposed resolution. (3) After passing the resolution the council must forward to the Minister a copy of the resolution, a summary of any submissions received by it and its comments concerning those submissions. (4) The Minister may approve the application or decline to approve it. (5) If the Minister approves the application, the council is required to meet at least as often as specified in the resolution. (6) An application may be made under this section only by the councils prescribed by the regulations for the purposes of this section. (7) The application may be made after the commencement of this section and not later than 12 months before the next ordinary election of councillors after that commencement. (8) Nothing in this section prevents a council from making more than one application under this section.