{"id":"tas:act-1993-098","name":"Local Government (Savings and Transitional) Act 1993","slug":"local-government-savings-and-transitional-act-1993","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"98 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106277,"registerId":"tas-act-1993-098-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Local Government (Savings and Transitional) Act 1993](/view/html/inforce/2026-04-12/act-1993-098) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***council*** means a council as defined in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***electoral district*** means an electoral district as defined in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***general manager*** means the general manager as defined in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***municipal area*** means a municipal area as defined in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***proclaimed day*** means the day fixed by proclamation under [section 2 of the](/view/html/inforce/2026-04-12/act-1993-095#GS2@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***public office*** means the public office as defined in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > ***repealed Act*** means the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) , the [Hobart Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) or the [Launceston Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Savings and Transitional Provisions","content":"# Part 2 Savings and Transitional Provisions","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Councils and employees","content":"## Division 1 Councils and employees","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"References to corporations, municipalities, &c.","content":"### 4 References to corporations, municipalities, &c.\n\n> On and after the proclaimed day, a reference in any provision relating to or affecting local government in any Act –\n> \n> > > (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\n> > \n> > > (b) to a municipal district or municipality is a reference to a municipal area; and\n> > \n> > > (c) to a ward is a reference to an electoral district; and\n> > \n> > > (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\n> > \n> > > (e) to an officer of the corporation or the treasurer or collector of rates is a reference to the general manager; and\n> > \n> > > (f) to a municipal election is a reference to an election under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; and\n> > \n> > > (g) to a municipal office is a reference to a public office under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; and\n> > \n> > > (h) to a member of a council is a reference to a councillor under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Towns, cities and municipalities","content":"### 5 Towns, cities and municipalities\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Named municipalities, wards and councils","content":"### 6 Named municipalities, wards and councils\n\n> On and after the proclaimed day, a reference in any Act –\n> \n> > > (a) to a named municipality is a reference to the municipal area specified in [Schedule 3 to the](/view/html/inforce/2026-04-12/act-1993-095#JS3@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) which corresponds to that municipality, whether by that name or any other name; and\n> > \n> > > (b) to a named ward is a reference to the electoral district specified in [Schedule 3 to the](/view/html/inforce/2026-04-12/act-1993-095#JS3@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) which corresponds to that ward, whether by that or any other name; and\n> > \n> > > (c) to a named council is a reference to the council specified in [Schedule 3 to the](/view/html/inforce/2026-04-12/act-1993-095#JS3@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) which corresponds to that council, whether by that name or any other name.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Property rights","content":"### 7 Property rights\n\n> 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.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Borrowings","content":"### 8 Borrowings\n\n> 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](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Funds","content":"### 9 Funds\n\n> > (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.\n> \n> > (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.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Councillors","content":"### 10 Councillors\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Committees","content":"### 11 Committees\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Officers and employees","content":"### 12 Officers and employees\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (3)  The person holding the office of Director of Local Government under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) immediately before the proclaimed day continues, on that day, to hold that office under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (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.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Employees' assurance schemes and superannuation funds","content":"### 13 Employees' assurance schemes and superannuation funds\n\n> > (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.\n> \n> > (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.\n> \n> > (3)  Any agreement by the executive committee of the Municipal Association of Tasmania made under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in force immediately before the proclaimed day, continues, on that day, to be in force until amended or revoked.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Rates, licences, appeals and legal proceedings","content":"## Division 2 Rates, licences, appeals and legal proceedings","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Rates, charges, &c.","content":"### 14 Rates, charges, &c.\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) from any person with the liability to pay under the repealed Act.\n> \n> > (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.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Rates notice, demand, &c.","content":"### 15 Rates notice, demand, &c.\n\n> 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](/view/html/inforce/2026-04-12/act-9999-999) is a reference to the equivalent of such a notice, demand, rate or charge under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Urban farm land","content":"### 16 Urban farm land\n\n> > (1)  An application to declare land urban farm land made under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) before the proclaimed day is, on that day, an application made under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (2)  Any land which was urban farm land under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) immediately before the proclaimed day continues, on that day, to be urban farm land under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Licences, leases and permits","content":"### 17 Licences, leases and permits\n\n> 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](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Contracts and agreements","content":"### 18 Contracts and agreements\n\n> Any contract or agreement made under a repealed Act before the proclaimed day is, on or after that day, enforceable under the repealed Act.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Appeals, references and objections","content":"### 19 Appeals, references and objections\n\n> > (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.\n> \n> > (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.\n> \n> > (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.\n> \n> > (4)  [*\\[Section 19 Subsection (4) amended by No. 20 of 2012, s. 123, Applied:28 Nov 2012\\]*](/view/html/inforce/2012-11-28/act-2012-020#GS123@EN) An appeal made under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) 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](/view/html/inforce/2026-04-12/act-1993-066) .","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Legal proceedings","content":"### 20 Legal proceedings\n\n> > (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.\n> \n> > (2)  The alteration of the name or constitution of a council as a result of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) does not render defective any legal or other proceedings instituted by or against a council under a repealed Act before the proclaimed day.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Regulations and by-laws","content":"### 21 Regulations and by-laws\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .\n> \n> > (2)  [*\\[Section 21 Subsection (2) substituted by No. 43 of 1998, s. 4, Applied:18 Dec 1998\\]*](/view/html/inforce/1998-12-18/act-1998-043#GS4@EN) 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](/view/html/inforce/2026-04-12/act-1998-999) remain in force until 31 March 1999 unless sooner repealed.\n> \n> > (3)  Any by-law in force pursuant to [subsection (2)](#GS21@Gs2@EN) which is inconsistent with any provision of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) is invalid to the extent of that inconsistency.\n> \n> > (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.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Joint undertaking","content":"## Division 3 Joint undertaking","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Joint undertaking","content":"### 22 Joint undertaking\n\n> > (1)  A sealed scheme for a joint undertaking under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in force immediately before the proclaimed day continues, on that day, to be in force for a period of 12 months.\n> \n> > (2)  An order made under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) in relation to any joint undertaking and in force immediately before the proclaimed day continues, on that day, to be in force.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Joint committees","content":"### 23 Joint committees\n\n> Any joint committee appointed under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in existence immediately before the proclaimed day is, on that day, a special committee under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Local committees","content":"### 24 Local committees\n\n> A local committee or urban committee established under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in existence before the proclaimed day is, on that day, a local committee under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":28},{"sectionNumber":"Division 4","sectionType":"division","heading":"Municipal Association of Tasmania","content":"## Division 4 Municipal Association of Tasmania","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Membership","content":"### 25 Membership\n\n> A council which was a member of the Municipal Association of Tasmania under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) immediately before the proclaimed day is, on that day, a member of that Association under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Insurance funds","content":"### 26 Insurance funds\n\n> Any fund established under [Part XXIII of the](/view/html/inforce/2026-04-12/act-1962-999#HPXXIII@EN) [Local Government Act 1962](/view/html/inforce/2026-04-12/act-1962-999) and in existence immediately before the proclaimed day is, on that day, a fund under the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Employees","content":"### 27 Employees\n\n> Any person who was employed by the Municipal Association of Tasmania under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) immediately before the proclaimed day is, on that day, an employee of that Association under the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Rules","content":"### 28 Rules\n\n> Any rules made by the Municipal Association of Tasmania under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in force immediately before the proclaimed day continue, on that day, to be in force until rescinded or amended.","sortOrder":33},{"sectionNumber":"Division 5","sectionType":"division","heading":"Building matters","content":"## Division 5 Building matters","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Landslip areas","content":"### 29 Landslip areas\n\n> 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](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Building areas","content":"### 30 Building areas\n\n> 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](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Certificate of compliance","content":"### 31 Certificate of compliance\n\n> > (1)  A certificate of compliance in relation to a building given under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in force immediately before the proclaimed day continues, on that day, to be in force.\n> \n> > (2)  A certificate given under [section 462 (4) of the](/view/html/inforce/2026-04-12/act-1962-999#GS462@Gs4@EN) [Local Government Act 1962](/view/html/inforce/2026-04-12/act-1962-999) and in force immediately before the proclaimed day continues, on that day, to be in force.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Adhesion orders","content":"### 32 Adhesion orders\n\n> An adhesion order made under a repealed Act and in force immediately before the proclaimed day continues, on that day, to be in force.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Preservation orders","content":"### 33 Preservation orders\n\n> 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.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Applications","content":"### 34 Applications\n\n> An application in relation to building, plumbing or subdivision made under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and not determined or dealt with before the proclaimed day is, on that day, an application made under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) as appropriate.","sortOrder":40},{"sectionNumber":"Division 6","sectionType":"division","heading":"Cemeteries, public health and waterworks","content":"## Division 6 Cemeteries, public health and waterworks","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Exclusive right of burial","content":"### 35 Exclusive right of burial\n\n> An exclusive right of burial granted under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) and in force immediately before the proclaimed day continues, on that day, to be in force until it expires under that Act.","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Notices and orders","content":"### 36 Notices and orders\n\n> 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.","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Water districts","content":"### 37 Water districts\n\n> > (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](/view/html/inforce/2026-04-12/act-1993-096) .\n> \n> > (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](/view/html/inforce/2026-04-12/act-1993-096) .\n> \n> > (3)  [*\\[Section 37 Subsection (3) omitted by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013\\]*](/view/html/inforce/2013-12-19/act-2013-071#JS2@Ja4@GC1@EN) .  .  .  .  .  .  .  .","sortOrder":44},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous matters","content":"## Division 7 Miscellaneous matters","sortOrder":45},{"sectionNumber":"38","sectionType":"section","heading":"By-elections","content":"### 38 By-elections\n\n> A by-election for a vacancy in the office of a councillor who was elected under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) at an election held in 1993 is to be held in accordance with [Part 15 of the](/view/html/inforce/2026-04-12/act-1993-095#HP15@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Voting on behalf of corporations","content":"### 39 Voting on behalf of corporations\n\n> A person who was empowered by a corporate body under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) 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](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Recommendation of Board","content":"### 40 Recommendation of Board\n\n> A recommendation made by the Local Government Advisory Board under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) in relation to any matter similar to a matter specified in [section 9 of the](/view/html/inforce/2026-04-12/act-1993-095#GS9@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) and not implemented before the proclaimed day is, on that day, a recommendation of the Local Government Board under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) as if a review had been carried out under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Duty in relation to highways and streets","content":"### 41 Duty in relation to highways and streets\n\n> 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](/view/html/inforce/2026-04-12/act-1982-057) .","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Work to be done","content":"### 42 Work to be done\n\n> Any work ordered or required to be done under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) 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.","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Permissions, approvals and consent","content":"### 43 Permissions, approvals and consent\n\n> 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.","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Miscellaneous references","content":"### 44 Miscellaneous references\n\n> 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](/view/html/inforce/2026-04-12/act-9999-999) 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](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) as appropriate.","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Delegations","content":"### 45 Delegations\n\n> 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](/view/html/inforce/2026-04-12/act-1993-095) for a period of 60 days unless sooner revoked.","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"References to  Local Government Act 1962","content":"### 46 References to  Local Government Act 1962\n\n> On and after the proclaimed day –\n> \n> > > (a) a reference in any Act to any section, Division, Part or Schedule of the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) , the [Hobart Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) or the [Launceston Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) is a reference to the equivalent provision, if any, in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) ; and\n> > \n> > > (b) a reference to the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) , the [Hobart Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) or the [Launceston Corporation Act 1963](/view/html/inforce/2026-04-12/act-9999-999) is a reference to the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) or the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) as appropriate.","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Regions","content":"### 47 Regions\n\n> In any Act –\n> \n> > > (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\n> > \n> > > (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\n> > \n> > > (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.","sortOrder":55},{"sectionNumber":"47A","sectionType":"section","heading":"Rates and charges","content":"### 47A Rates and charges\n\n> > (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](/view/html/inforce/2026-04-12/act-9999-999) are valid as if they had been made in accordance with [section 90(1) of the](/view/html/inforce/2026-04-12/act-1993-095#GS90@Gs1@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .\n> \n> > (2)  [*\\[Section 47A Subsection (2) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002\\]*](/view/html/inforce/2002-06-28/act-2001-102#JS2@JT@tr@oc35@EN) 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](/view/html/inforce/2026-04-12/act-9999-999) under [section 90 of the](/view/html/inforce/2026-04-12/act-1993-095#GS90@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) based on a supplementary valuation under the [Valuation of Land Act 2001](/view/html/inforce/2026-04-12/act-2001-102) is valid.\n> \n> > (3)  Any separate rate made by a council under the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) before 17 January 1994 is valid until the earlier of the following dates:\n> > \n> > > > (a) the date on which the separate rate ceases to apply;\n> > > \n> > > > (b) 30 June 1996.","sortOrder":56},{"sectionNumber":"47B","sectionType":"section","heading":"Abatement notices","content":"### 47B Abatement notices\n\n> > (1)  Any abatement notice served under [section 200 of the](/view/html/inforce/2026-04-12/act-1993-095#GS200@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) before the commencement of the [Local Government Amendment Act 1994](/view/html/inforce/2026-04-12/act-9999-999) in respect of a nuisance relating to a fire risk is valid.\n> \n> > (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)](#GS47B@Gs1@EN) for the cost of that action.","sortOrder":57},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Regulations","content":"### 48 Regulations\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  The regulations may contain provisions of a savings or transitional nature in relation to this Act or the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) .","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Administration of Act","content":"### 49 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Local Government; and\n> > \n> > > (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.","sortOrder":60}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: ensuring continuity during the transition from the 1962/1963 local government regime to the 1993 regime. Later amendments (1994, 1995, 1998, 2001, 2012, 2013) added specific validation provisions and technical fixes, but these remain within the Act's core transitional scope rather than expanding into new policy areas."},"complexity_factors":["Heavy cross-referencing to three repealed Acts and two new Acts (Local Government Act 1993 and Local Government (Building and Miscellaneous Provisions) Act 1993)","7 defined terms in section 3, all referencing external legislation","47 sections spread across 7 divisions plus a miscellaneous Part 3","Multiple temporal triggers ('immediately before the proclaimed day', 'on and after that day') creating conditional logic","Later amendments (sections 47A, 47B) add specific date-based validation rules with nested conditions","Schedule 3 mapping of old municipality/ward names to new ones (referenced but not included in text)","Some provisions have time limits (60 days for standing orders, 12 months for joint undertakings, until 31 March 1999 for by-laws)"],"plain_english_summary":"This Act is a **bridge between old and new local government laws** in Tasmania. When the Local Government Act 1993 replaced three older Acts (the 1962 Local Government Act and the 1963 Hobart and Launceston Corporation Acts), this Savings and Transitional Act ensured nothing fell through the cracks.\n\n**What it does:**\n- **Keeps the lights on**: Existing councils, councillors, employees, and boundaries automatically continue under the new system—no need to re-elect everyone or redraw maps.\n- **Protects property and money**: Council land, debts, loans, rates, and charges all remain valid and enforceable.\n- **Preserves ongoing matters**: Pending court cases, appeals, building applications, licences, and contracts continue under the old rules until they're finished.\n- **Translates old language**: Automatically converts references to old terms (like \"municipal corporation\" or \"town clerk\") into new terms (\"council\" or \"general manager\") across all Tasmanian laws.\n- **Validates fixes**: Later sections (47A, 47B) retroactively validate rates and charges that councils made during specific periods, fixing technical slip-ups.\n\n**Who it affects:**\n- Tasmanian local councils and their staff\n- Ratepayers and property owners\n- Anyone with pending applications, appeals, or legal matters involving councils\n- Businesses holding council licences or permits\n\n**Why it matters:**\nWithout this Act, the 1993 reforms would have created chaos—councils might have lost their powers overnight, rates could have become uncollectable, and ongoing building disputes would have stalled. It provides legal certainty during a major system overhaul."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original purpose as a transitional and savings instrument for the 1993 local government reforms in Tasmania. No significant scope changes are evident from the metadata provided, which shows minimal amendments since its enactment."},"complexity_factors":["Limited substantive content is visible in the provided text — the Act's actual operative provisions are not reproduced, making full analysis impossible","Transitional and savings legislation is inherently technical, requiring cross-referencing with both the old and new Local Government Acts to understand its effect","The Act's relevance has diminished over time as transitional matters from 1993 are largely resolved, reducing practical complexity","Interaction with multiple layers of Tasmanian local government legislation adds some interpretive complexity for legal practitioners","The Act is relatively narrow in scope, which keeps overall complexity low"],"plain_english_summary":"A housekeeping Act that preserved and validated actions, decisions and ongoing matters made under Tasmania’s old local government laws when the 1993 reforms took effect. It prevented legal gaps or contradictions during the transition.\n\nIt mainly affected councils, their staff, residents/ratepayers and anyone with contracts or proceedings tied to the pre‑1993 regime; today it’s largely of technical or historical interest."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is transitional rather than substantive: it preserves and maps existing local‑government rights, liabilities, offices, property, contracts, rates and regulatory instruments from repealed Acts into the 1993 legislative framework (see ss 4, 5, 7, 12, 14, 17, 21, 46). It validates pre‑existing charges and procedural matters for limited periods but does not itself expand ongoing powers or create new substantive duties; rather it maintains continuity while new arrangements take effect."},"complexity_factors":["Extensive cross-references to multiple other Acts (Local Government Act 1993; Local Government (Building and Miscellaneous Provisions) Act 1993; Local Government Act 1962) create reading and application complexity (eg ss 3, 4, 46).","Many continuity clauses that preserve existing rights, offices, contracts and proceedings require careful factual mapping from old instruments to new legal labels (eg ss 5, 7, 10, 12, 18, 20).","Temporal and limited transitional exceptions (fixed short continuance periods, eg 60 days for delegations s45; 12 months for joint schemes s22; by‑laws until a specified date s21) impose monitoring and administrative tasks.","Multiple subject-matter areas covered (rates, licences, building, water, cemeteries, insurance funds, committees) mean diverse operational impacts across council functions (eg Divisions 2, 5, 6).","Commencement by proclamation (s2) and delegated regulation-making power (s48) create implementation timing and discretional complexity.","Amendments and saved validations added later (eg s47A on rates; s47B on abatement notices) introduce patchwork exceptions that must be checked against temporal cut‑offs."],"plain_english_summary":"Mechanically, this transitional Act carries existing local‑government entities, rights, contracts, staff, by‑laws, licences, rates and legal proceedings from repealed Acts into the Local Government Act 1993 and related Acts, preserving continuity and short-term validations (eg ss 4, 7, 12, 14, 17, 21). It affects councils, councillors, employees, ratepayers and the Municipal Association; ratepayers remain liable for pre‑existing debts and charges (ss 8, 14), the Minister administers the Act until a departmental order (s49), and prior delegations and by‑laws continue for limited periods (ss 45, 21)."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-savings-and-transitional-act-1993","history":"/api/acts/local-government-savings-and-transitional-act-1993/history","analysis":"/api/acts/local-government-savings-and-transitional-act-1993/analysis","conflicts":"/api/acts/local-government-savings-and-transitional-act-1993/conflicts","importantCases":"/api/acts/local-government-savings-and-transitional-act-1993/important-cases","documents":"/api/acts/local-government-savings-and-transitional-act-1993/documents"}}