{"id":"nsw:sl-2025-0257","name":"Local Government (Dissolution of New England County Council) Proclamation 2025","slug":"local-government-dissolution-of-new-england-county-council-proclamation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"257 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173729,"registerId":"nsw-sl-2025-0257-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of proclamation","content":"#### 1 Name of proclamation\n\n1 Name of proclamation\n\n> This proclamation is the [Local Government (Dissolution of New England County Council) Proclamation 2025](/view/html/inforce/current/sl-2025-0257).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This proclamation commences on 16 June 2025.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this proclamation—\n> \n> Chief Executive means the Chief Executive of the Office of Local Government.\n> \n> commencement day means the day on which the proclamation commences.\n> \n> constituent council means a council of one of the following areas—\n> \n> > (a) Armidale Regional,\n> \n> > (b) Glen Innes Severn Shire,\n> \n> > (c) Uralla,\n> \n> > (d) Walcha.\n> \n> former county council means the New England County Council and includes a predecessor of the New England County Council.\n> \n> the Act means the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this proclamation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Dissolution of New England County Council","content":"#### 4 Dissolution of New England County Council\n\n4 Dissolution of New England County Council\n\n> The New England County Council is dissolved.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Matters or things to be determined by Minister","content":"#### 5 Matters or things to be determined by Minister\n\n5 Matters or things to be determined by Minister\n\n> > (1) The Minister may, from time to time, determine a matter or thing—\n> > \n> > > (a) at the Minister’s discretion, or\n> > \n> > > (b) if a constituent council refers the matter or thing to the Minister for determination.\n> \n> > (2) The Minister may determine a matter or thing required to be or may be the subject of an agreement between the constituent councils under this proclamation if—\n> > \n> > > (a) the constituent councils fail to agree, or\n> > \n> > > (b) the Minister is not satisfied with an agreement between the constituent councils.\n> \n> > (3) The Minister may delegate the exercise of a function of the Minister under this section to the Chief Executive.\n> \n> > (4) The Chief Executive may sub-delegate to a person the exercise of a function delegated to the Chief Executive under this section.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"References to former county council","content":"#### 6 References to former county council\n\n6 References to former county council\n\n> A reference in an Act or instrument to the former county council, unless the context otherwise requires, is taken to be a reference to the appropriate constituent council that has responsibility for the matters relating to the former county council to which the Act or instrument relate.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Operations of councils","content":"# Part 2 Operations of councils\n\nPart 2 Operations of councils","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of staff","content":"#### 7 Transfer of staff\n\n7 Transfer of staff\n\n> > (1) A member of staff of the former county council immediately before the commencement day is transferred to the appropriate constituent council, as determined by agreement between the constituent councils, in accordance with that agreement.\n> \n> > (2) A transfer under subsection (1), or as determined by the Minister under section 5, is taken to have effect on and from the commencement day.\n> \n> > (3) The Act, Chapter 11, Part 6 applies, with any necessary adaptations and except for the Act, section 354I, as if this proclamation effected a boundary alteration.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of assets, rights and liabilities","content":"#### 8 Transfer of assets, rights and liabilities\n\n8 Transfer of assets, rights and liabilities\n\n> > (1) The assets, rights and liabilities of the former county council that are determined by agreement between the constituent councils, are transferred to the appropriate constituent councils, in accordance with that agreement.\n> \n> > (2) A transfer under subsection (1), or as determined by the Minister under section 5, is taken to have effect on and from the commencement day.\n> \n> > (3) In this section—\n> > \n> > assets means—\n> > \n> > > (a) legal or equitable estates or interests, whether present or future, whether vested or contingent and whether personal or assignable, in real or personal property of any description, and\n> > \n> > > (b) including money, and includes securities, choses in action and documents.\n> > \n> > liabilities means liabilities, debts or obligations, whether present or future, whether vested or contingent and whether personal or assignable.\n> > \n> > rights means rights, powers, privileges or immunities, whether present or future, whether vested or contingent and whether personal or assignable.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Provisions relating to transfers of assets, rights and liabilities","content":"#### 9 Provisions relating to transfers of assets, rights and liabilities\n\n9 Provisions relating to transfers of assets, rights and liabilities\n\n> > (1) When assets, rights or liabilities are transferred in accordance with this proclamation from the former county council to a constituent council, the following provisions have effect—\n> > \n> > > (a) the assets of the former county council vest in the constituent council because of this section and without the need for further conveyance, transfer, assignment or assurance,\n> > \n> > > (b) the rights or liabilities of the former county council become, because of this section, the rights or liabilities of the constituent council,\n> > \n> > > (c) an act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in relation to the former county council is, to the extent the act, matter or thing has force or effect, taken to have been done or omitted by, to or in relation to the constituent council,\n> > \n> > > (d) the constituent council has all the entitlements and obligations of the former county council in relation to the assets, rights and liabilities that the former county council would have had but for the transfer, whether or not the entitlements and obligations were actual or potential at the time of the transfer.\n> \n> > (2) The operation of this section must not be regarded as—\n> > \n> > > (a) a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) a breach of a contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or\n> > \n> > > (c) giving rise to a remedy by a party to an instrument, or causing or permitting the termination of an instrument, because of a change in the beneficial or legal ownership of an asset, right or liability, or\n> > \n> > > (d) an event of default under a contract or other instrument.\n> \n> > (3) The Minister may, by written notice, confirm a transfer of particular assets, rights or liabilities.\n> \n> > (4) A notice given by the Minister under subsection (3) is conclusive evidence of the transfer.\n> \n> > (5) No attornment to the transferee by a lessee from the former county council is required.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Continuation or institution of proceedings by or against constituent councils","content":"#### 10 Continuation or institution of proceedings by or against constituent councils\n\n10 Continuation or institution of proceedings by or against constituent councils\n\n> > (1) Proceedings that were instituted by or against the former county council before its dissolution, or that could have been instituted by or against the former county council but for its dissolution, may be continued or instituted by or against the appropriate constituent council.\n> \n> > (2) For this section—\n> > \n> > > (a) proceedings instituted by or against the former county council are taken to be proceedings instituted by or against the appropriate constituent council, and\n> > \n> > > (b) anything done by or in relation to the former county council is taken to have been done by or in relation to the appropriate constituent council.\n> \n> > (3) For proceedings in relation to matters arising out of or connected with particular assets of the former county council, the appropriate constituent council is the council to which the assets are transferred under this proclamation.\n> \n> > (4) For proceedings in relation to matters other than the matters referred to in subsection (3), the appropriate constituent council is the council to which responsibility for the matter is transferred under this proclamation.\n> \n> > (5) In this section—\n> > \n> > proceedings means criminal proceedings, civil proceedings, civil penalty proceedings or other legal proceedings, including the issue of penalty notices for alleged offences and proceedings arising out of the issue of a penalty notice.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Delegations","content":"#### 11 Delegations\n\n11 Delegations\n\n> A delegation by the former county council in force immediately before the commencement day is taken to be a delegation by the appropriate constituent council and may be revoked or amended.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Plans, strategies and policies","content":"#### 12 Plans, strategies and policies\n\n12 Plans, strategies and policies\n\n> > (1) The plans, strategies and policies of the former county council continue in force, subject to subsection (2).\n> \n> > (2) This section ceases to have effect in relation to a plan, strategy or policy when the constituent council adopts a plan, strategy or policy that replaces that plan, strategy or policy.","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: the dissolution of the New England County Council and the orderly transfer of its functions to constituent councils. The scope has not expanded beyond this administrative restructure."},"complexity_factors":["Moderate cross-referencing to the Local Government Act 1993 (specifically Chapter 11, Part 6 for staff transfer provisions)","Conditional logic requiring agreement between four constituent councils, with Ministerial override powers if agreement fails","Nested definitions in section 8 for 'assets', 'rights', and 'liabilities' using technical property law language (equitable estates, choses in action, contingent interests)","Multiple deeming provisions (sections 9-10) that treat actions of the former council as actions of the new councils for legal continuity","Sub-delegation chain allowing Minister → Chief Executive → other persons (section 5(3)-(4))","13 defined terms in the interpretation section, including circular references ('former county council includes predecessors')"],"plain_english_summary":"**What this legislation does:**\n\nThis proclamation formally **abolishes** the New England County Council — a regional local government body in northern New South Wales — and **transfers** all its staff, assets, debts, and responsibilities to four existing local councils: Armidale Regional, Glen Innes Severn Shire, Uralla, and Walcha.\n\n**Who it affects:**\n\n- **The four \"constituent councils\"** — they take over the dissolved council's operations, property, and legal obligations\n- **Staff** — employees automatically transfer to one of the four councils (based on agreement between those councils, or a Ministerial decision if they can't agree)\n- **Local residents and businesses** — any contracts, legal proceedings, or services previously handled by the county council now sit with the appropriate local council\n\n**Why it matters:**\n\nThis is essentially a **corporate restructure for local government**. The New England County Council appears to have been a regional body (likely handling services like weed control, pest management, or other county-wide functions common in rural NSW). Rather than continuing as a separate entity, its functions are being absorbed into the four surrounding councils.\n\nKey practical effects:\n- **No disruption to services** — existing plans, policies and delegations continue until replaced\n- **Legal continuity** — ongoing court cases, contracts, and property leases automatically switch to the new councils without needing re-signing\n- **Ministerial backstop** — if the four councils can't agree on how to divide staff or assets, the Minister for Local Government (or their delegate) decides for them\n\nThe proclamation ensures that dissolving the council doesn't create legal chaos — debts remain payable, staff keep their jobs, and legal proceedings continue uninterrupted."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The proclamation is narrowly focused on dissolving the former county council and reallocating its staff, assets, rights, liabilities, plans and legal responsibilities to specified constituent councils. It does not expand substantive powers beyond what is necessary to effect those transfers and relies on the Local Government Act for interpretation (see sections 3, 4, 7–12)."},"complexity_factors":["Minister’s broad discretion to determine contested matters and to delegate functions (section 5)","Requirement for agreements between constituent councils on allocation of staff, assets, rights and liabilities, or otherwise Ministerial determination (sections 7–8, 5)","Automatic statutory vesting and transfer protections that override contractual restrictions and prevent certain remedies (section 9)","Continuity rules for legal proceedings and delegations to avoid procedural gaps (sections 10–11)","Application of Local Government Act Chapter 11, Part 6 with adaptations to effect transfers, adding interpretive complexity (section 7(3))"],"plain_english_summary":"This proclamation dissolves the New England County Council and, effective 16 June 2025, transfers its staff, assets, rights and liabilities to the appropriate constituent councils: Armidale Regional, Glen Innes Severn, Uralla and Walcha. It allows the constituent councils to agree on allocations (or for the Minister to decide), preserves existing plans, delegations and legal proceedings under the new councils, and permits delegation to the Chief Executive — shifting legal responsibility, operational control and related obligations to those four councils."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument appears to be precisely scoped to its stated purpose — the dissolution of the New England County Council. There is no indication of scope creep or provisions extending beyond that single administrative act."},"complexity_factors":["Very narrow and specific in scope — it does one thing only (dissolves a single entity)","Short instrument with no complex operative provisions visible in the published text","Relies on reader understanding the Local Government Act 1993 framework for consequences (asset transfers, staff transitions etc.), which are not spelled out in the Proclamation itself","Minimal ambiguity in legal effect once the parent Act framework is understood"],"plain_english_summary":"This Proclamation (June 2025) formally dissolves the New England County Council, ending it as a legal entity. Assets, liabilities, staff and functions will be transferred to member councils or the NSW Government and affected residents, businesses, contractors and employees must rely on alternative arrangements for services. The dissolution is effected under the Local Government Act and is made by Governor’s proclamation on ministerial advice, not by separate parliamentary vote."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025","history":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025/history","analysis":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025/analysis","conflicts":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025/conflicts","importantCases":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025/important-cases","documents":"/api/acts/local-government-dissolution-of-new-england-county-council-proclamation-2025/documents"}}