{"id":"nsw:act-2016-038","name":"Local Government Amendment (Governance and Planning) Act 2016","slug":"local-government-amendment-governance-and-planning-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"38 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29579,"registerId":"nsw-act-2016-038-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Local Government Amendment (Governance and Planning) Act 2016](/view/html/inforce/current/act-2016-038).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).\n> \n> > (2) Schedule 1 \\[6\\], \\[8\\], \\[11\\], \\[12\\], \\[14\\], \\[17\\], \\[19\\]–\\[22\\], \\[88\\] and \\[89\\] commence on the date of assent to this Act.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Local Government Act 1993 No 30","content":"# Schedule 1 Amendment of Local Government Act 1993 No 30\n\nSchedule 1 Amendment of [Local Government Act 1993 No 30](/view/html/inforce/current/act-1993-030)\n\n**sch 1:** Am 1987 No 15, sec 30C.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n\\[1\\]–\\[3\\] (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Section 224A Approval to reduce number of councillors","content":"#### 4 Section 224A Approval to reduce number of councillors\n\n\\[4\\] Section 224A Approval to reduce number of councillors\n\n> Omit section 224A (7)–(9). Insert instead:\n> \n> > > (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.\n> > \n> > > (8) The application may be made after the commencement of this subsection (as substituted by the [Local Government Amendment (Governance and Planning) Act 2016](/view/html/inforce/current/act-2016-038)) and not later than 12 months before the next ordinary election of councillors after that commencement.\n> > \n> > > (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.","sortOrder":4},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n\\[5\\]–\\[26\\] (Repealed)","sortOrder":5},{"sectionNumber":"27","sectionType":"section","heading":"Section 365A","content":"#### 27 Section 365A\n\n\\[27\\] Section 365A\n\n> Insert after section 365:","sortOrder":6},{"sectionNumber":"365A","sectionType":"section","heading":"Reduction in meetings","content":"#### 365A Reduction in meetings\n\n365A Reduction in meetings\n\n> > (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.\n> \n> > (2) The council must give not less than 42 days’ public notice of its proposed resolution.\n> \n> > (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.\n> \n> > (4) The Minister may approve the application or decline to approve it.\n> \n> > (5) If the Minister approves the application, the council is required to meet at least as often as specified in the resolution.\n> \n> > (6) An application may be made under this section only by the councils prescribed by the regulations for the purposes of this section.\n> \n> > (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.\n> \n> > (8) Nothing in this section prevents a council from making more than one application under this section.","sortOrder":7},{"sectionNumber":"30","sectionType":"section","heading":null,"content":"#### 30\n\n\\[28\\]–\\[30\\] (Repealed)","sortOrder":8},{"sectionNumber":"31","sectionType":"section","heading":"Section 376 Attendance of general manager at meetings","content":"#### 31 Section 376 Attendance of general manager at meetings\n\n\\[31\\] Section 376 Attendance of general manager at meetings\n\n> Insert after section 376 (3):\n> \n> > > (4) The Audit, Risk and Improvement Committee of a council may also exclude the general manager from a meeting while it deals with any other matter, if it thinks it appropriate to do so in the circumstances of the case.","sortOrder":9},{"sectionNumber":"32","sectionType":"section","heading":null,"content":"#### 32\n\n\\[32\\], \\[33\\] (Repealed)","sortOrder":10},{"sectionNumber":"34","sectionType":"section","heading":"Section 402 Community strategic plan","content":"#### 34 Section 402 Community strategic plan\n\n\\[34\\] Section 402 Community strategic plan\n\n> Omit section 402 (3)–(7). Insert instead:\n> \n> > > (3) Following an ordinary election of councillors, the council must review the community strategic plan before 30 June following the election. The council may endorse the existing plan, or develop or endorse a new community strategic plan, as appropriate, to ensure that the area has a community strategic plan covering at least the next 10 years.","sortOrder":11},{"sectionNumber":"35","sectionType":"section","heading":"Sections 402A–406","content":"#### 35 Sections 402A–406\n\n\\[35\\] Sections 402A–406\n\n> Omit sections 403–406. Insert instead:","sortOrder":12},{"sectionNumber":"402A","sectionType":"section","heading":"Community engagement strategy","content":"#### 402A Community engagement strategy\n\n402A Community engagement strategy\n\n> A council must establish and implement a strategy (called its community engagement strategy) for engagement with the local community when developing its plans, policies and programs and for the purpose of determining its activities (other than routine administrative matters).","sortOrder":13},{"sectionNumber":"403","sectionType":"section","heading":"Resourcing strategy","content":"#### 403 Resourcing strategy\n\n403 Resourcing strategy\n\n> A council must have a long-term strategy (called its resourcing strategy) for the provision of the resources required to perform its functions (including implementing the strategies set out in the community strategic plan).","sortOrder":14},{"sectionNumber":"404","sectionType":"section","heading":"Delivery program","content":"#### 404 Delivery program\n\n404 Delivery program\n\n> > (1) A council must have a program (called its delivery program) detailing the principal activities to be undertaken by the council to perform its functions (including implementing the strategies set out in the community strategic plan) within the resources available under the resourcing strategy.\n> \n> > (2) The council must establish a new delivery program after each ordinary election of councillors to cover the principal activities of the council for the 4-year period commencing on 1 July following the election.","sortOrder":15},{"sectionNumber":"405","sectionType":"section","heading":"Operational plan","content":"#### 405 Operational plan\n\n405 Operational plan\n\n> A council must have a plan (called its operational plan) that is adopted before the beginning of each year and details the activities to be engaged in by the council during the year as part of the delivery program covering that year.","sortOrder":16},{"sectionNumber":"406","sectionType":"section","heading":"Integrated planning and reporting guidelines","content":"#### 406 Integrated planning and reporting guidelines\n\n406 Integrated planning and reporting guidelines\n\n> > (1) The regulations may make provision for or with respect to integrated planning and reporting guidelines (referred to in this Chapter as the guidelines) to be complied with by councils.\n> \n> > (2) Without limiting subsection (1), the regulations may impose requirements in connection with the preparation, development, consultation on and review of, and the contents of, the community strategic plan, resourcing strategy, delivery program, operational plan, community engagement strategy, annual report and environment reporting of a council.","sortOrder":17},{"sectionNumber":"39","sectionType":"section","heading":null,"content":"#### 39\n\n\\[36\\]–\\[39\\] (Repealed)","sortOrder":18},{"sectionNumber":"40","sectionType":"section","heading":"Section 428A State of the environment reports","content":"#### 40 Section 428A State of the environment reports\n\n\\[40\\] Section 428A State of the environment reports\n\n> Omit the section.","sortOrder":19},{"sectionNumber":"41","sectionType":"section","heading":"Chapter 13, Part 4A","content":"#### 41 Chapter 13, Part 4A\n\n\\[41\\] Chapter 13, Part 4A\n\n> Insert after Part 4:","sortOrder":20},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Internal audit","content":"# Part 4A Internal audit\n\nPart 4A Internal audit","sortOrder":21},{"sectionNumber":"428A","sectionType":"section","heading":"Audit, Risk and Improvement Committee","content":"#### 428A Audit, Risk and Improvement Committee\n\n428A Audit, Risk and Improvement Committee\n\n> > (1) A council must appoint an Audit, Risk and Improvement Committee.\n> \n> > (2) The Committee must keep under review the following aspects of the council’s operations:\n> > \n> > > (a) compliance,\n> > \n> > > (b) risk management,\n> > \n> > > (c) fraud control,\n> > \n> > > (d) financial management,\n> > \n> > > (e) governance,\n> > \n> > > (f) implementation of the strategic plan, delivery program and strategies,\n> > \n> > > (g) service reviews,\n> > \n> > > (h) collection of performance measurement data by the council,\n> > \n> > > (i) any other matters prescribed by the regulations.\n> \n> > (3) The Committee is also to provide information to the council for the purpose of improving the council’s performance of its functions.","sortOrder":22},{"sectionNumber":"428B","sectionType":"section","heading":"Joint internal audit arrangements","content":"#### 428B Joint internal audit arrangements\n\n428B Joint internal audit arrangements\n\n> A council may enter into an arrangement with another council, or a body prescribed by the regulations for the purposes of this section, to jointly appoint an Audit, Risk and Improvement Committee to exercise functions for more than one council or body.","sortOrder":23},{"sectionNumber":"74","sectionType":"section","heading":null,"content":"#### 74\n\n\\[42\\]–\\[74\\] (Repealed)","sortOrder":24},{"sectionNumber":"75","sectionType":"section","heading":"Section 532 Publication of draft operational plan","content":"#### 75 Section 532 Publication of draft operational plan\n\n\\[75\\] Section 532 Publication of draft operational plan\n\n> Omit “section 405” and “that section”. Insert instead “the regulations”.","sortOrder":25},{"sectionNumber":"76","sectionType":"section","heading":"Chapter 15, Part 4, chart","content":"#### 76 Chapter 15, Part 4, chart\n\n\\[76\\] Chapter 15, Part 4, chart\n\n> Omit the chart at the end of the Part.","sortOrder":26},{"sectionNumber":"77","sectionType":"section","heading":"Section 610F Public notice of fees","content":"#### 77 Section 610F Public notice of fees\n\n\\[77\\] Section 610F Public notice of fees\n\n> Omit “section 405” from section 610F (2). Insert instead “the regulations”.","sortOrder":27},{"sectionNumber":"83","sectionType":"section","heading":null,"content":"#### 83\n\n\\[78\\]–\\[83\\] (Repealed)","sortOrder":28},{"sectionNumber":"84","sectionType":"section","heading":"Schedule 6, item 18, examples","content":"#### 84 Schedule 6, item 18, examples\n\n\\[84\\] Schedule 6, item 18, examples\n\n> Insert “, community engagement strategies” after “community strategic plans”.","sortOrder":29},{"sectionNumber":"85","sectionType":"section","heading":"Schedule 6, item 18","content":"#### 85 Schedule 6, item 18\n\n\\[85\\] Schedule 6, item 18\n\n> Insert after the first example:\n> \n> > Criteria for community strategic plans, community engagement strategies, resourcing strategies, delivery programs and operational plans\n> > \n> > Consultation on community strategic plans, community engagement strategies, resourcing strategies, delivery programs and operational plans\n> > \n> > Performance measurement and reporting framework for councils","sortOrder":30},{"sectionNumber":"91","sectionType":"section","heading":null,"content":"#### 91\n\n\\[86\\]–\\[91\\] (Repealed)","sortOrder":31}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of reforming local government governance and planning frameworks. While it introduces substantial new obligations (integrated planning framework, audit committees), these are directly related to the stated intent of improving council governance and planning. The scope has not expanded into unrelated policy areas."},"complexity_factors":["Amendment-style structure requiring cross-referencing to the parent Local Government Act 1993 to understand full context","Multiple repealed sections (items [1]-[3], [5]-[26], [28]-[30], etc.) creating fragmented reading experience","Conditional limitations on new powers (e.g., sections 224A and 365A only apply to 'councils prescribed by the regulations')","Nested timing restrictions (e.g., applications must be made 'after commencement' but 'not later than 12 months before next ordinary election')","Introduction of 5 new defined planning documents with interlocking relationships (community strategic plan → resourcing strategy → delivery program → operational plan)","New committee structure with 9 distinct review functions listed in section 428A(2)"],"plain_english_summary":"**What this legislation does:**\n\nThis Act makes changes to the *Local Government Act 1993* (NSW) to improve how local councils plan, report, and govern themselves. It introduces new requirements for long-term strategic planning and creates stronger oversight mechanisms.\n\n**Key changes include:**\n\n*   **New planning framework:** Councils must now prepare several linked documents:\n    *   A **community strategic plan** (long-term vision for the area, reviewed after each election)\n    *   A **community engagement strategy** (how the council will consult residents)\n    *   A **resourcing strategy** (long-term plan for money, staff, and assets)\n    *   A **delivery program** (4-year plan of major activities)\n    *   An **operational plan** (annual detailed work plan)\n\n*   **Audit, Risk and Improvement Committees:** Every council must establish one of these committees to monitor compliance, risk management, fraud, finances, and whether the council is actually achieving its strategic goals. Councils can share a committee with neighbouring councils if they prefer.\n\n*   **More flexible meeting rules:** Some councils (specifically those named in regulations) can apply to reduce how often they must hold meetings, and the general manager can be excluded from Audit Committee meetings when appropriate.\n\n*   **Streamlined councillor numbers:** The process for councils to reduce their number of elected representatives is tightened—only certain councils can apply, and only within specific timeframes.\n\n*   **Removal of redundant reporting:** The old requirement for separate \"state of the environment\" reports is removed (this information is now handled differently).\n\n**Who it affects:**\n\nAll 128 local councils in New South Wales, their elected councillors, general managers, and staff. It also affects residents who engage with council planning processes.\n\n**Why it matters:**\n\nThis legislation forces councils to think long-term (10 years ahead) rather than just year-to-year, and to prove they are delivering on their promises. The Audit, Risk and Improvement Committees act as a \"watchdog\" to catch problems early and improve performance. It aims to make councils more transparent, accountable, and focused on actual community outcomes rather than just ticking boxes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The amendment adds significant new mandatory planning and audit requirements (community engagement strategy, resourcing strategy, delivery program, operational plan, Audit Risk and Improvement Committee) that were not part of the original Local Government Act. These expand the regulatory burden on councils beyond the original framework."},"complexity_factors":["Multiple new sections inserted into the principal Act (e.g., 365A, 402A-406, 428A-428B)","Conditional application – some provisions apply only to councils prescribed by regulations","Time limits for applications (e.g., within 12 months before next ordinary election)","Cross-references to regulations for prescription and guidelines","Repeals and substitutions of existing sections (e.g., section 402, 428A)","Consequential amendments to other sections (e.g., 532, 610F, Schedule 6)"],"plain_english_summary":"This Act changes how New South Wales local councils operate. It restricts which councils can apply to reduce their number of councillors or the number of meetings they hold each year – only councils specifically listed in regulations can apply, and they must do so within a set time window. Councils are now required to produce several new planning documents: a community strategic plan (reviewed after each election and covering at least 10 years), a community engagement strategy (for consulting the public on major decisions), a resourcing strategy (long-term resource planning), a delivery program (4-year plan of activities), and an operational plan (annual plan). A new mandatory Audit, Risk and Improvement Committee must oversee compliance, risk, fraud, financial management, and performance measurement. The requirement for separate state of the environment reports is removed. The committee can also exclude the general manager from some meetings. These rules apply to all councils, but the options to reduce councillors or meetings are only for those prescribed by regulations. The changes add new planning obligations and oversight bodies, while giving some councils flexibility to adjust their meeting frequency or councillor numbers within tight limits."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained consistent with its stated purpose of amending local government governance and planning frameworks. The staged commencement dates suggest deliberate, phased implementation rather than scope creep. No evidence of material departure from original intent is apparent from the information provided."},"complexity_factors":["Amending legislation — requires cross-referencing with the parent Local Government Act 1993 to understand the full effect of changes","Multiple commencement dates — different provisions came into force at different times between 2016 and 2018, creating a staged implementation","Some provisions noted as not yet commenced even in the current version, adding uncertainty about what is fully operative","Subject matter spans both governance (accountability, conduct) and planning (strategic frameworks) — two distinct and somewhat technical areas of local government law","Automatic repeal mechanism under the Interpretation Act adds a layer of legislative complexity for those tracking what remains in force","Limited substantive content available in the provided document — full analysis requires access to the actual amendment provisions"],"plain_english_summary":"## Local Government Amendment (Governance and Planning) Act 2016 (NSW)\n\n**What is this?**\nThis is a NSW law that amends (changes) the existing *Local Government Act 1993* to improve how local councils are governed and how they plan for their communities.\n\n**Who does it affect?**\n- **Residents and ratepayers** in NSW local government areas — the changes affect how your council operates and makes decisions that impact your neighbourhood\n- **Councillors and mayors** — new or changed rules about how they conduct themselves and carry out their duties\n- **Council staff and administrators** — changes to internal governance (the rules and processes councils must follow)\n\n**Why does it matter?**\nThis Act tightened the rules around how NSW councils run themselves — covering things like transparency, accountability, and long-term planning. Think of it as a tune-up of the rulebook councils must follow to ensure they're serving their communities properly.\n\n**Important note:** Not all parts of this Act came into force at the same time — different sections were switched on at different dates between August 2016 and December 2018.\n\n**Limitation:** The document provided contains mainly administrative and navigational metadata from the NSW legislation website, rather than the full text of the Act itself. A complete analysis of specific provisions is not possible from this excerpt alone."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-amendment-governance-and-planning-act-2016","history":"/api/acts/local-government-amendment-governance-and-planning-act-2016/history","analysis":"/api/acts/local-government-amendment-governance-and-planning-act-2016/analysis","conflicts":"/api/acts/local-government-amendment-governance-and-planning-act-2016/conflicts","importantCases":"/api/acts/local-government-amendment-governance-and-planning-act-2016/important-cases","documents":"/api/acts/local-government-amendment-governance-and-planning-act-2016/documents"}}