{"id":"nsw:act-1972-007","name":"Local Government (Newcastle Fruit and Vegetable Market) Act 1972","slug":"local-government-newcastle-fruit-and-vegetable-market-act-1972","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"7 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110370,"registerId":"nsw-act-1972-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and construction","content":"#### 1 Name of Act and construction\n\n1 Name of Act and construction\n\n> > (1) This Act may be cited as the [Local Government (Newcastle Fruit and Vegetable Market) Act 1972](/view/html/inforce/current/act-1972-007).\n> \n> > (2) The [Local Government Act 1919](/view/html/repealed/current/act-1919-041) is in this Act referred to as the Principal Act.\n> \n> > (3) This Act shall be read and construed with the Principal Act.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> appointed day means the day on and from which the Newcastle marketing district is constituted under section three of this Act.\n> \n> Council means the Council of the City of Newcastle.\n> \n> exempt fruit and vegetables means fruit and vegetables exempted from the provisions of this Act by ordinance.\n> \n> Newcastle marketing district means the Newcastle Fruit and Vegetable Marketing District constituted under section three of this Act.\n> \n> new market means, where the Council provides a public market as referred to in section four of this Act, that market.\n> \n> prescribed period means the period of ten years that next succeeds the appointed day.\n> \n> wholesaler means a person entitled, immediately before the appointed day, to occupy accommodation in the public market situated at Steel Street and King Street, Newcastle for the purpose of carrying on (whether on behalf of producers or other persons or on his own behalf) the business of selling fruit and vegetables by wholesale and includes a person on whom the right to occupy the accommodation made available to that wholesaler for carrying on that business in the new market devolves by agreement or by operation of law.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Constitution of Newcastle marketing district","content":"#### 3 Constitution of Newcastle marketing district\n\n3 Constitution of Newcastle marketing district\n\n> The Governor may, by proclamation published in the Gazette, constitute on and from a day specified in the proclamation a Newcastle Fruit and Vegetable Marketing District comprising the areas of the City of Newcastle, the Shire of Lake Macquarie and the Shire of Port Stephens.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"No other wholesale market permitted within Newcastle marketing district","content":"#### 4 No other wholesale market permitted within Newcastle marketing district\n\n4 No other wholesale market permitted within Newcastle marketing district\n\n> > (1) Where, on and after the appointed day, the Council provides within its area a public market for the sale by wholesale of fruit and vegetables, the power conferred by subsection one of section four hundred and fifty-four of the Principal Act upon any council the area of which is within the Newcastle marketing district is suspended for the period of twenty-five years that next succeeds the appointed day in so far as it authorises such a council to provide, manage and control within that district any other public market for the sale by wholesale of fruit and vegetables other than exempt fruit and vegetables.\n> \n> > (2) No person shall, during the period of twenty-five years that next succeeds the appointed day:\n> > \n> > > (a) establish any public market within the Newcastle marketing district for the purpose of selling by wholesale fruit and vegetables other than exempt fruit and vegetables, or\n> > \n> > > (b) expand any public market used for that purpose immediately before that day within the areas that, on and after that day, comprise that district.\n> > \n> > Penalty: Five hundred dollars and for each day upon which the offence continues, one hundred dollars.\n> \n> > (3) Without prejudice to the operation of subsection one of this section, subsection two of this section does not apply to or in respect of a council referred to in subsection one of this section.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Only wholesalers to sell in new market","content":"#### 5 Only wholesalers to sell in new market\n\n5 Only wholesalers to sell in new market\n\n> Except as provided in subsection two of section six of this Act, the power of the Council to sell or permit a person to sell fruit and vegetables in a public market provided by it does not, during the prescribed period, extend to permitting a person other than a wholesaler to sell by wholesale in the new market any fruit and vegetables other than exempt fruit and vegetables.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Council to provide accommodation in the new market","content":"#### 6 Council to provide accommodation in the new market\n\n6 Council to provide accommodation in the new market\n\n> > (1) Subject to subsection two of this section, upon application by a wholesaler before the day that is three months after the appointed day, the Council shall, under the Principal Act, make available within the new market for the use by that wholesaler, during the prescribed period, accommodation:\n> > \n> > > (a) equivalent in area to the area that, immediately before the appointed day, was occupied by the wholesaler in the market situated at Steel Street and King Street, Newcastle, or\n> > \n> > > (b) where the wholesaler and the Council agree, larger or smaller in area than the area so occupied.\n> \n> > (2) If:\n> > \n> > > (a) within three months after:\n> > > \n> > > > (i) the appointed day, or\n> > > \n> > > > (ii) the submission to him by the Council of an agreement for the use by him of accommodation in the new market,\n> > > \n> > > whichever is the later, a wholesaler has not entered into an agreement with the Council for the use by him of accommodation in the new market, or\n> > \n> > > (b) an agreement between a wholesaler and the Council relating to the use by that wholesaler of accommodation in the new market is terminated for any reason and a new agreement with the wholesaler does not thereupon take effect,\n> > \n> > the Council may exercise in respect of that accommodation all the powers conferred upon it by Part 20 of the Principal Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Principal Act","content":"#### 7 Application of Principal Act\n\n7 Application of Principal Act\n\n> Except to the extent that this Act otherwise expressly provides, the Principal Act applies to and in respect of the new market and so applies as if the area of the council included the Newcastle marketing district.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Council to prosecute for offences","content":"#### 8 Council to prosecute for offences\n\n8 Council to prosecute for offences\n\n> A prosecution for an offence against this Act or any ordinance made under the Principal Act pursuant to a power conferred by this Act may be taken only by the Council or such servant of the Council as the Council may appoint either generally or in respect of any particular proceeding.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Ordinances","content":"#### 9 Ordinances\n\n9 Ordinances\n\n> Without prejudice to the powers conferred by section four hundred and fifty-nine of the Principal Act as applied to and in respect of the new market by section seven of this Act, ordinances may be made under the Principal Act for carrying this Act into effect and in particular for or with respect to:\n> \n> > (a) the exemption of any fruit and vegetables from the operation of this Act,\n> \n> > (b) the days upon and times during which the new market shall be open,\n> \n> > (c) the regulation of the presence, use and movement on or in the new market of vehicles of every class or description, and animals,\n> \n> > (d) the regulation of the conduct of persons using or resorting to the new market,\n> \n> > (e) the regulation of the method of selling in the new market,\n> \n> > (f) the prevention and suppression of nuisances and the enforcement of cleanliness in and in connection with the new market and the provision for and regulation of the storage, removal, treatment and disposal of garbage and waste therein or therefrom.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: establishing a Council-controlled monopoly for the Newcastle fruit and vegetable wholesale market. The scope has not expanded beyond the specific geographic area (Newcastle, Lake Macquarie, Port Stephens) and specific commodity (fruit and vegetables) originally targeted. The 25-year sunset provision and prescribed periods indicate it was designed as a time-limited commercial arrangement rather than an expanding regulatory framework."},"complexity_factors":["Only 9 sections with straightforward sequential structure","6 defined terms in a single interpretation section (section 2)","Minimal cross-referencing — primarily refers to the Local Government Act 1919 as the 'Principal Act' in general terms rather than specific complex provisions","Simple conditional logic with clear time periods (10 years, 25 years) and straightforward triggers (appointed day, three-month application window)","No nested exceptions — section 6(2) has basic alternative conditions but these are clearly delineated","Purpose-built for a single, specific commercial arrangement rather than broad regulatory scheme"],"plain_english_summary":"This 1972 law creates a **government-controlled monopoly** for wholesale fruit and vegetable trading in the Newcastle area.\n\n**What it does:**\n- Establishes a special \"Newcastle marketing district\" covering Newcastle, Lake Macquarie and Port Stephens\n- Gives the Newcastle City Council exclusive control over wholesale fruit and vegetable markets in this district for **25 years**\n- Bans any other council or private person from setting up competing wholesale markets during this period\n- Forces existing wholesale traders (who operated at Steel Street and King Street markets) to move into a new Council-controlled market if they want to keep trading\n- Guarantees these existing traders space in the new market equivalent to what they had before\n\n**Who it affects:**\n- **Wholesalers**: People who sell fruit and vegetables in bulk to retailers or businesses. They lose the freedom to operate wherever they choose and must use the Council's market.\n- **Newcastle City Council**: Gets exclusive power to run the wholesale market and can make rules about opening hours, vehicle access, cleanliness, and selling methods.\n- **Other councils**: Lake Macquarie and Port Stephens councils are blocked from creating their own wholesale markets.\n- **Consumers and retailers**: Indirectly affected because restricted competition typically means higher prices.\n\n**Why it matters:**\nThis is an example of **statutory market monopoly** — using law to eliminate competition in a specific industry and geographic area. The legislation effectively nationalises (makes government-controlled) the infrastructure for wholesale produce trading in Newcastle, forcing private businesses to operate within a government-managed facility under government rules."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act narrows and modifies the application of the Principal Act within the Newcastle marketing district by creating an exclusive wholesale market regime. It empowers the Governor to constitute the district (s3), suspends other councils' s454 power within the district for 25 years (s4(1)), prohibits new or expanded wholesale markets for 25 years (s4(2)), restricts wholesale sales in the new market to existing wholesalers for the 10-year prescribed period (s5), and applies the Principal Act to the new market as if the council's area included the district (s7). These provisions alter the geographic and functional scope of market powers under the Principal Act and impose duties and enforcement centralisation on the Newcastle Council (s6, s8, s9)."},"complexity_factors":["Interaction with the Principal Act (requires reading this Act with the Local Government Act 1919; s1(3), s7).","Temporal exclusivity provisions: 25-year prohibition on other wholesale markets (s4) and 10-year restriction on who may sell in the new market (prescribed period; s5).","Defined beneficiary class and relocation rights for existing wholesalers (detailed definitions and entitlement to accommodation; s2, s6(1)).","Council duties and discretions: mandatory provision of accommodation on application (s6(1)), power to re-allocate accommodation if agreements lapse (s6(2)), and ordinance-making power (s9).","Enforcement centralisation: only the Council (or its appointed servant) may bring prosecutions (s8), concentrating enforcement decisions.","Penalty scheme for establishing or expanding markets (s4(2) — fixed and daily fines).","Delegated regulation risk: broad ordinance topics (s9) allow detailed market rules to be set by council instruments rather than Parliament.","Property and contract effects: obligations to offer equivalent space and reference to Part 20 powers of the Principal Act when agreements fail (s6(1), s6(2)).","Ambiguities in exemptions and their scope (definition of exempt fruit and vegetables left to ordinance; s2, s9(a))."],"plain_english_summary":"# Plain-English summary\n\nThis Act lets the City of Newcastle establish and run the sole wholesale fruit-and-vegetable market for a defined Newcastle marketing district, bars other wholesale markets there for 25 years and limits wholesale selling in the new market to existing wholesalers for 10 years. The Council must provide stall accommodation to those wholesalers, may regulate the market by ordinance, and has exclusive authority to prosecute breaches."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act has never been amended since its commencement on 16 March 1972. Its scope appears to have remained exactly as originally enacted, covering the administration and regulation of the Newcastle fruit and vegetable market under local government authority."},"complexity_factors":["Extremely narrow and localised subject matter — applies only to a specific market in one city","No amendments since 1972, suggesting static and simple legal structure","Insufficient provision text provided to assess internal complexity","Sits within the broader local government law framework, which can add some contextual complexity","Potential ambiguity around whether the market still exists and whether the Act remains practically relevant"],"plain_english_summary":"The Local Government (Newcastle Fruit and Vegetable Market) Act 1972 is a narrow NSW law concerning the management and regulation of Newcastle’s fruit and vegetable market, affecting market traders, Newcastle City Council (or successor) and users of the market.  \n\nNotably unchanged since 16 March 1972, the Act’s lack of amendments suggests it may be dormant, outdated, or simply never needed updating — a relevant point for anyone trading at or administering the market."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972","history":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972/history","analysis":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972/analysis","conflicts":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972/conflicts","importantCases":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972/important-cases","documents":"/api/acts/local-government-newcastle-fruit-and-vegetable-market-act-1972/documents"}}