Local Government (Savings and Transitional) Act 1993
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Local Government (Savings and Transitional) Act 1993
Local Government (Savings and Transitional) Act 1993
An Act to provide for matters of a savings and transitional nature arising as a consequence of the repeal of the
Local Government Act 1962
and the enactment of the
Local Government Act 1993
and the
Local Government (Building and Miscellaneous Provisions) Act 1993
[Royal Assent 23 December 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
1.
Short title
This Act may be cited as the
Local Government (Savings and Transitional) Act 1993 .
2.
Commencement
The provisions of this Act commence on a day to be proclaimed.
3.
Interpretation
In this Act
council
means a council as defined in the
Local Government Act 1993 ;
electoral district
means an electoral district as defined in the
Local Government Act 1993 ;
general manager
means the general manager as defined in the
Local Government Act 1993 ;
municipal area
means a municipal area as defined in the
Local Government Act 1993 ;
proclaimed day
means the day fixed by proclamation under
section 2 of the
Local Government Act 1993
;
public office
means the public office as defined in the
Local Government Act 1993 ;
repealed Act
means the
Local Government Act 1962 , the
Hobart Corporation Act 1963
or the
Launceston Corporation Act 1963 .
PART 2 - Savings and Transitional Provisions
Division 1 - Councils and employees
4.
References to corporations, municipalities, &c.
On and after the proclaimed day, a reference in any provision relating to or affecting local government in any Act
(a) to a corporation, municipal corporation, municipal council, city council, local government body, local government authority or local authority is a reference to a council; and
(b) to a municipal district or municipality is a reference to a municipal area; and
(c) to a ward is a reference to an electoral district; and
(d) to a council clerk, town clerk, clerk of the corporation, clerk of the local authority or clerk is a reference to the general manager; and
(e) to an officer of the corporation or the treasurer or collector of rates is a reference to the general manager; and
(f) to a municipal election is a reference to an election under the
Local Government Act 1993 ; and
(g) to a municipal office is a reference to a public office under the
Local Government Act 1993 ; and
(h) to a member of a council is a reference to a councillor under the
Local Government Act 1993 .
5.
Towns, cities and municipalities
(1)
Any town or city created or declared under a repealed Act before the proclaimed day continues, on that day, to be a town or a city under the
Local Government Act 1993 .
(2)
Any municipality proclaimed, created or continued under a repealed Act before the proclaimed day is, on that day, a municipal area under the
Local Government Act 1993 .
(3)
Any municipal district created under a repealed Act before the proclaimed day is, on that day, a municipal area under the
Local Government Act 1993 .
(4)
Any ward created under a repealed Act before the proclaimed day is, on that day, an electoral district under the
Local Government Act 1993 .
(5)
The boundaries of any town, city, municipal district or ward in existence immediately before the proclaimed day continue, on that day, to be boundaries under the
Local Government Act 1993 .
6.
Named municipalities, wards and councils
On and after the proclaimed day, a reference in any Act
(a) to a named municipality is a reference to the municipal area specified in
Schedule 3 to the
Local Government Act 1993
which corresponds to that municipality, whether by that name or any other name; and
(b) to a named ward is a reference to the electoral district specified in
Schedule 3 to the
Local Government Act 1993
which corresponds to that ward, whether by that or any other name; and
(c) to a named council is a reference to the council specified in
Schedule 3 to the
Local Government Act 1993
which corresponds to that council, whether by that name or any other name.
7.
Property rights
Any estate or interest in land and all rights, obligations and liabilities of a council which existed immediately before the proclaimed day continue, on that day, to be vested in, or incurred by, the council.
8.
Borrowings
Any money borrowed or raised by a council under a repealed Act and payable and recoverable before the proclaimed day is, on and after that day, payable and recoverable under the
Local Government Act 1993 .
9.
Funds
(1)
Any sinking fund or trust fund under a repealed Act and in existence immediately before the proclaimed day continues, on that day, to exist.
(2)
Any person holding the office of commissioner of a sinking fund or trustee of a fund under a repealed Act immediately before the proclaimed day continues, on that day, to hold that office.
10.
Councillors
(1)
Any person who was a councillor or alderman under a repealed Act immediately before the proclaimed day is, on that day, a councillor under the
Local Government Act 1993 .
(2)
Any person who was a Lord Mayor, Deputy Lord Mayor, mayor or deputy mayor under a repealed Act immediately before the proclaimed day continues, on that day, to be a Lord Mayor, Deputy Lord Mayor, mayor or deputy mayor under the
Local Government Act 1993 .
11.
Committees
(1)
A committee established under a repealed Act and in existence immediately before the proclaimed day is, on that day, a council committee under the
Local Government Act 1993 .
(2)
A special committee established under a repealed Act and in existence immediately before the proclaimed day continues, on that day, to be a special committee under the
Local Government Act 1993 .
12.
Officers and employees
(1)
Any person who was employed as an officer or a servant under a repealed Act immediately before the proclaimed day is, on that day, an employee under the
Local Government Act 1993 .
(2)
Any person who holds an office under a repealed Act immediately before the proclaimed day continues, on that day, to hold that office under the
Local Government Act 1993 .
(3)
The person holding the office of Director of Local Government under the
Local Government Act 1962
immediately before the proclaimed day continues, on that day, to hold that office under the
Local Government Act 1993 .
(4)
Any rights and entitlements of a person in relation to long service leave under a repealed Act and in existence immediately before the proclaimed day continue, on that day, to exist.
13.
Employees' assurance schemes and superannuation funds
(1)
All rights and entitlements of a person in relation to a scheme for a subsidized endowment assurance scheme or a superannuation fund established under a repealed Act and in existence immediately before the proclaimed day continue, on that day, to exist.
(2)
Any rules in relation to a subsidized endowment assurance scheme or a superannuation fund made under a repealed Act and in force immediately before the proclaimed day continue, on that day, to be in force until rescinded or amended.
(3)
Any agreement by the executive committee of the Municipal Association of Tasmania made under the
Local Government Act 1962
and in force immediately before the proclaimed day, continues, on that day, to be in force until amended or revoked.
Division 2 - Rates, licences, appeals and legal proceedings
14.
Rates, charges, &c.
(1)
Any rates, charges, fees, costs, interest or penalties made, imposed or incurred under a repealed Act and due and payable before the proclaimed day continue, on that day, to be due, payable and recoverable under the
Local Government Act 1993
from any person with the liability to pay under the repealed Act.
(2)
Any rights or liabilities in respect of any property or land taken in possession of by a council for arrears of rates, charges or fees under a repealed Act and in existence before the proclaimed day continue, on that day, to exist.
15.
Rates notice, demand, &c.
On and after the proclaimed day, a reference in any provision in any Act relating to or affecting local government rates notice, demand, rate, separate rate or charge under the
Local Government Act 1962
is a reference to the equivalent of such a notice, demand, rate or charge under the
Local Government Act 1993 .
16.
Urban farm land
(1)
An application to declare land urban farm land made under the
Local Government Act 1962
before the proclaimed day is, on that day, an application made under the
Local Government Act 1993 .
(2)
Any land which was urban farm land under the
Local Government Act 1962
immediately before the proclaimed day continues, on that day, to be urban farm land under the
Local Government Act 1993 .
17.
Licences, leases and permits
Any licence, lease or permit granted under a repealed Act and in force immediately before the proclaimed day is, on that day, a licence, lease or permit granted under the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
18.
Contracts and agreements
Any contract or agreement made under a repealed Act before the proclaimed day is, on or after that day, enforceable under the repealed Act.
19.
Appeals, references and objections
(1)
Any appeal instituted under a repealed Act and not heard or determined before the proclaimed day may, on or after that day, be heard and determined under the repealed Act.
(2)
A reference lodged under a repealed Act and not heard or determined before the proclaimed day, may, on or after that day, be heard and determined under the repealed Act.
(3)
Any objection made under a repealed Act and not heard, determined or dealt with before the proclaimed day may, on or after that day, be heard, determined or dealt with under the repealed Act.
(4)
[Section 19 Subsection (4) amended by No. 20 of 2012, s. 123, Applied:28 Nov 2012]
An appeal made under the
Local Government Act 1962
to the Building Appeal Board as constituted under that Act before the proclaimed day is, on or after that day, to be heard and determined by the Resource Management and Planning Appeal Tribunal established under the
Resource Management and Planning Appeal Tribunal Act 1993 .
20.
Legal proceedings
(1)
Any legal or other proceeding instituted under a repealed Act and not heard or determined before the proclaimed day may, on or after that day, be heard and determined under the repealed Act.
(2)
The alteration of the name or constitution of a council as a result of the
Local Government Act 1993
does not render defective any legal or other proceedings instituted by or against a council under a repealed Act before the proclaimed day.
21.
Regulations and by-laws
(1)
Any regulations made under a repealed Act and in force immediately before the proclaimed day continue, on that day, to be in force until amended or rescinded under the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
(2)
[Section 21 Subsection (2) substituted by No. 43 of 1998, s. 4, Applied:18 Dec 1998]
Any by-laws made under a repealed Act and in force immediately before the commencement of the
Local Government (Savings and Transitional) Amendment Act 1998
remain in force until 31 March 1999 unless sooner repealed.
(3)
Any by-law in force pursuant to
subsection (2)
which is inconsistent with any provision of the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993
is invalid to the extent of that inconsistency.
(4)
Any standing order made under a by-law under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force for a period of 60 days.
Division 3 - Joint undertaking
22.
Joint undertaking
(1)
A sealed scheme for a joint undertaking under the
Local Government Act 1962
and in force immediately before the proclaimed day continues, on that day, to be in force for a period of 12 months.
(2)
An order made under the
Local Government Act 1962
in relation to any joint undertaking and in force immediately before the proclaimed day continues, on that day, to be in force.
23.
Joint committees
Any joint committee appointed under the
Local Government Act 1962
and in existence immediately before the proclaimed day is, on that day, a special committee under the
Local Government Act 1993 .
24.
Local committees
A local committee or urban committee established under the
Local Government Act 1962
and in existence before the proclaimed day is, on that day, a local committee under the
Local Government Act 1993 .
Division 4 - Municipal Association of Tasmania
25.
Membership
A council which was a member of the Municipal Association of Tasmania under the
Local Government Act 1962
immediately before the proclaimed day is, on that day, a member of that Association under the
Local Government Act 1993 .
26.
Insurance funds
Any fund established under
Part XXIII of the
Local Government Act 1962
and in existence immediately before the proclaimed day is, on that day, a fund under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
27.
Employees
Any person who was employed by the Municipal Association of Tasmania under the
Local Government Act 1962
immediately before the proclaimed day is, on that day, an employee of that Association under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
28.
Rules
Any rules made by the Municipal Association of Tasmania under the
Local Government Act 1962
and in force immediately before the proclaimed day continue, on that day, to be in force until rescinded or amended.
Division 5 - Building matters
29.
Landslip areas
An area declared to be a landslip area under a repealed Act before the proclaimed day is, on that day, a landslip area under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
30.
Building areas
Any urban building area, country building area or changing building area existing under a repealed Act immediately before the proclaimed day is, on that day, an urban building area, country building area or a changing building area under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
31.
Certificate of compliance
(1)
A certificate of compliance in relation to a building given under the
Local Government Act 1962
and in force immediately before the proclaimed day continues, on that day, to be in force.
(2)
A certificate given under
section 462 (4) of the
Local Government Act 1962
and in force immediately before the proclaimed day continues, on that day, to be in force.
32.
Adhesion orders
An adhesion order made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force.
33.
Preservation orders
A preservation order made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force until revoked.
34.
Applications
An application in relation to building, plumbing or subdivision made under the
Local Government Act 1962
and not determined or dealt with before the proclaimed day is, on that day, an application made under the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993
as appropriate.
Division 6 - Cemeteries, public health and waterworks
35.
Exclusive right of burial
An exclusive right of burial granted under the
Local Government Act 1962
and in force immediately before the proclaimed day continues, on that day, to be in force until it expires under that Act.
36.
Notices and orders
Any notice or order served or made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force.
37.
Water districts
(1)
A water district proclaimed and defined under a repealed Act and in existence immediately before the proclaimed day is, on that day, a water district under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
(2)
A restricted supply water district declared under a repealed Act and in existence immediately before the proclaimed day is, on that day, a restricted supply water district under the
Local Government (Building and Miscellaneous Provisions) Act 1993 .
(3)
[Section 37 Subsection (3) omitted by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013]
. . . . . . . .
Division 7 - Miscellaneous matters
38.
By-elections
A by-election for a vacancy in the office of a councillor who was elected under the
Local Government Act 1962
at an election held in 1993 is to be held in accordance with
Part 15 of the
Local Government Act 1993
.
39.
Voting on behalf of corporations
A person who was empowered by a corporate body under the
Local Government Act 1962
to vote on its behalf at an election under that Act before the proclaimed day is, on that day, a person nominated by the corporate body to vote on its behalf at an election under the
Local Government Act 1993 .
40.
Recommendation of Board
A recommendation made by the Local Government Advisory Board under the
Local Government Act 1962
in relation to any matter similar to a matter specified in
section 9 of the
Local Government Act 1993
and not implemented before the proclaimed day is, on that day, a recommendation of the Local Government Board under the
Local Government Act 1993
as if a review had been carried out under the
Local Government Act 1993 .
41.
Duty in relation to highways and streets
A duty which the Hobart City Council and the Launceston City Council had to construct, maintain or repair a highway or street under a repealed Act immediately before the proclaimed day is, on that day, a duty to construct, maintain or repair under the
Local Government (Highways) Act 1982 .
42.
Work to be done
Any work ordered or required to be done under the
Local Government Act 1962
before the proclaimed day is, on and after that day, to be done or continued to be done in accordance with the order or requirement.
43.
Permissions, approvals and consent
Any permission, approval and consent given under a repealed Act and in force before the proclaimed day continues, on that day, to be in force until withdrawn, expired or revoked.
44.
Miscellaneous references
On and after the proclaimed day, a reference in any provision relating to or affecting local government in any Act to any notice, licence, lease, permit, permission, approval, consent, certificate or order under the
Local Government Act 1962
is a reference to a notice, licence, lease, permit, permission, approval, consent, certificate or order under the equivalent provision, if any, of the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993
as appropriate.
45.
Delegations
A delegation by a council under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be a delegation under the
Local Government Act 1993
for a period of 60 days unless sooner revoked.
46.
References to
Local Government Act 1962
On and after the proclaimed day
(a) a reference in any Act to any section, Division, Part or Schedule of the
Local Government Act 1962 , the
Hobart Corporation Act 1963
or the
Launceston Corporation Act 1963
is a reference to the equivalent provision, if any, in the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993 ; and
(b) a reference to the
Local Government Act 1962 , the
Hobart Corporation Act 1963
or the
Launceston Corporation Act 1963
is a reference to the
Local Government Act 1993
or the
Local Government (Building and Miscellaneous Provisions) Act 1993
as appropriate.
47.
Regions
In any Act
(a) a reference to the Southern Region is a reference to the municipal areas of Brighton, Central Highlands, Clarence, Glamorgan-Spring Bay, Glenorchy, Hobart, Huon Valley, Kingborough, New Norfolk, Sorell, Southern Midlands and Tasman; and
(b) a reference to the Northern Region is a reference to the municipal areas of Break O'Day, Dorset, Flinders, George Town, Launceston, Meander Valley, Northern Midlands and West Tamar; and
(c) a reference to the North-Western Region is a reference to the municipal areas of Burnie, Central Coast, Circular Head, Devonport, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast.
47A.
Rates and charges
(1)
Any rates or charges made by a council between 1 September 1994 and the commencement of the
Local Government Amendment (Rates and Charges) Act 1995
are valid as if they had been made in accordance with
section 90(1) of the
Local Government Act 1993
.
(2)
[Section 47A Subsection (2) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002]
Any rate made by a council on or after 17 January 1994 until the commencement of the
Local Government Amendment (Rates and Charges) Act 1995
under
section 90 of the
Local Government Act 1993
based on a supplementary valuation under the
Valuation of Land Act 2001
is valid.
(3)
Any separate rate made by a council under the
Local Government Act 1962
before 17 January 1994 is valid until the earlier of the following dates:
(a) the date on which the separate rate ceases to apply;
(b) 30 June 1996.
47B.
Abatement notices
(1)
Any abatement notice served under
section 200 of the
Local Government Act 1993
before the commencement of the
Local Government Amendment Act 1994
in respect of a nuisance relating to a fire risk is valid.
(2)
The council may charge a person who was the owner or occupier of land at the time it took any action before the commencement of the Local Government Amendment Act 1994 in respect of an abatement notice referred to in
subsection (1)
for the cost of that action.
PART 3 - Miscellaneous
48.
Regulations
(1)
The Governor may make regulations for the purpose of this Act.
(2)
The regulations may contain provisions of a savings or transitional nature in relation to this Act or the
Local Government Act 1962 .
49.
Administration of Act
Until provision is made in relation to this Act by order under
section 4 of the
Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Minister for Local Government; and
(b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management.
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