The Act creates a Geographical Names Board for NSW and centralises authority to assign, adopt, change or discontinue official place names, using Gazette publication as the formal step that makes a name official. It requires public notice and submissions before names are adopted and lets the Board treat consistently used names in reliable sources as "recorded names."
This matters to government naming bodies (they need the Board’s concurrence), publishers of maps and electronic content (who must use official names or disclaimers or risk a small penalty), and local communities proposing or opposing names.
The Geographical Names Act 1966 creates and empowers the Geographical Names Board of New South Wales, gives the Board a formal process to assign, approve, alter, and discontinue the official names of places within the State, and creates legal consequences for the publication of place names that are not geographical names under the Act. Mechanically, the Act does the following.
Constitutes the Board and fixes its membership and internal procedures (s 3). The Surveyor‑General is the chairperson (s 3(3)); five members are Governor‑appointed, and four are ex officio or nominated public office holders or nominees of specified bodies (s 3(2), (4)). Quorum, voting and presiding rules are set out (s 3(8)-(9)). The Governor appoints and may remove appointed members (s 3(2)(e), 3(10)(a)).
Provides for staff and advisers. The Board may employ public servants under the Government Sector Employment Act 2013 to enable it to exercise its functions (s 4). The Board may appoint counsellors for advice and pay travelling expenses (s 6).
Defines key terms: geographical name, recorded name, Lands Department map, place, and Department (s 2). These definitions determine which names and which locations fall inside the Act and which do not.
Establishes the Board’s powers and functions, including assigning names, approving recorded names as geographical names, altering or discontinuing names, maintaining registers and a gazetteer, compiling Aboriginal vocabularies for naming, and adopting orthography and pronunciation rules (s 5).
Sets the statutory process to propose, notify and determine names. The Board must publish a notice of a proposal in the Government Gazette and a local newspaper (s 8). Anyone may submit in writing to the Secretary within one month or a longer period the Board allows (s 9(1)). The Board must consider submissions and either abandon the proposal or recommend adoption to the Minister, setting out grounds of objections (s 9(2)-(3)). The Minister has a final approval power over the Board’s recommendation (s 9(5)). Publication of the approved name in the Gazette makes it the geographical name (s 7(1), s 10(1)-(2)).
Current sections
Direct links to the current provisions in Geographical Names Act 1966.
(2) Except as provided in subsection (3), this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(3) For the purposes only of the appointment or nomination of members of the Geographical Names Board of New South Wales, the provisions of this Act relating to their appointment and nomination shall commence upon the day upon which Her Majesty’s Assent to this Act is signified and those members shall assume office upon the day appointed and notified under subsection (2).
2
Definitions
2 Definitions
2 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires—
Board means the Geographical Names Board of New South Wales constituted under this Act.
Counsellor means a counsellor appointed under this Act.
Department means the Department of Finance, Services and Innovation.
Geographical name means the name of a place, which name has, in accordance with the provisions of this Act, been notified in the Gazette as a geographical name, but does not include a name which has ceased to be a geographical name under this Act.
Lands Department map means—
(a) in relation to any area within the Eastern and Central Division of New South Wales, as defined in the Crown Land Management Act 2016—a standard topographical map published before the commencement of this Act by or under the direction or control of the Department of Lands, for that area or, if there is no such standard topographical map for that area, a parish map, so published, which includes that area,
(b) in relation to any area within the Western Division of New South Wales, as defined in the Crown Land Management Act 2016—a standard topographical map, published before the commencement of this Act by or under the direction or control of the Department of Lands, for that area or, if there is no such standard topographical map for that area, the county map, so published, which includes that area, and
(c) in relation to Lord Howe Island—the map of Lord Howe Island published by the Department of Lands and dated 6 July 1962.
Place means any geographical or topographical feature or any area, district, division, locality, region, city, town, village, settlement or railway station or any other place within the territories and waters of the State of New South Wales but does not include any road, any area (within the meaning of the Local Government Act 1993), area of operations of a county council or a joint organisation area (within the meaning of that Act), any electoral district under the Electoral Act 2017, any school or any place or place within a class of places to which the provisions of this Act do not apply by virtue of the regulations.
Recorded name means the name of a place as it appears on a Lands Department map or, where the name of a place appears differently on two or more such maps, the name of that place as it appears on whichever of those maps was published later than the other or others.
Secretary means the Secretary of the Department.
s 2: Am 1987 No 63, Sch 2; 1993 No 108, Sch 1; 1995 No 11, Sch 1; 2001 No 112, Sch 1.12 [1]; 2010 No 59, Sch 2.37 [1]; 2009 No 102, Sch 6.1; 2015 No 58, Sch 3.38 [1]; 2017 No 17, Sch 4.39; 2017 No 65, Sch 2.10; 2017 No 66, Sch 8.10.
3
Geographical Names Board
3 Geographical Names Board
3 Geographical Names Board
(1) For the purposes of this Act, there shall be a board which shall be called the Geographical Names Board of New South Wales.
(2) The board shall consist of 9 members of whom—
(a) one shall be the person for the time being holding the office of Surveyor-General,
(b) one is to be the Secretary of the Department of Planning and Environment or an employee of that Department nominated by the Secretary,
(c) one is to be the person employed in the Public Service as the State Librarian or a member of staff of the Library Council of New South Wales nominated by the State Librarian,
(d) one is to be a person employed in the Department nominated by the Secretary, and
(e) 5 people (in this Act referred to as appointed members) shall be appointed by the Governor.
(3) The Surveyor-General shall be the chairperson of the board.
(3A) The person referred to in subsection (2) (d) shall be the deputy chairperson of the board.
(4) Of the appointed members—
(a) one shall be a person nominated by the governing body of the Local Government and Shires Association of New South Wales,
(b) one shall be a person nominated by the governing body of the Royal Australian Historical Society,
(c) one shall be a person nominated by the governing body of the Geographical Society of New South Wales, and
(d) one shall be a person nominated by the New South Wales Aboriginal Land Council, and
(e) one is to be a person nominated by the Chief Executive Officer of Multicultural NSW.
(5) If within the time specified in a notice sent by the Minister to the bodies or a body entitled to make a nomination for the purpose of paragraph (a), (b) or (c) of subsection (4) a person is not nominated by those bodies or that body, the Governor may appoint any suitable person to be a member of the board in the place of that firstmentioned person.
(6) Subject to this section the appointed members shall hold office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment and shall be eligible for reappointment.
(7) (Repealed)
(8)
(a) The chairperson shall preside at all meetings of the board at which he or she is present.
(b) In the absence of the chairperson the deputy chairperson shall preside.
(c) If both the chairperson and the deputy chairperson are absent from any meeting of the board the members present shall appoint one of their number to preside at that meeting.
(9)
(a) The procedure for the calling of meetings of the board and for the conduct of business at such meetings shall, subject to any regulation in relation thereto and this Act, be as determined by the board.
(b) At any meeting of the board five members shall form a quorum.
(c) Every question before the board shall be determined by a majority of the votes of the members present at a meeting of the board.
(d) The person presiding at any meeting of the board shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote.
(10)
(a) The Governor may, for any cause which to him or her seems sufficient, remove any appointed member from office.
(b) An appointed member shall be deemed to have vacated his or her office if he or she—
(i) dies,
(ii) resigns from office by written instrument addressed to the Governor,
(iii) becomes a mentally incapacitated person,
(iv) absents himself or herself from three consecutive meetings of the board of which reasonable notice has been given to the appointed member unless on leave granted by the board or unless he or she is before the expiration of five weeks after the last of such meetings excused by the board for his or her absence from such meetings,
(v) ceases to reside in the State, or
(vi) becomes bankrupt, compounds with his or her creditors or makes an assignment of his or her salary or estate for their benefit.
(11) If a vacancy occurs in the office of an appointed member, the Governor may appoint a person to the vacant office who shall hold office for the remainder of his or her predecessor’s term of office.
(12)
(a) In the case of illness or absence of any member of the board, other than an appointed member, the person who for the time being is performing the duties of the office by virtue of which that member is a member shall be the deputy of that member and shall act in the place of that member during his or her illness or absence, except where that member has approved of another person acting, or nominated another person to act, in his or her place.
(b) In the case of illness or absence of any appointed member, the board may, by instrument in writing, appoint a deputy to act in the place of such member during his or her illness or absence.
(c) Any person who is or is appointed the deputy of a member under this subsection may, while he or she acts as such deputy, exercise all the powers and authorities of the member in whose place he or she acts.
(13) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced, there was a vacancy or vacancies in the office or offices of any member or members.
(14) Each appointed member shall, if he or she is not employed in the Public Service, be entitled to receive such fees for attending meetings and transacting business of the board as the Minister may determine.
(15) Each member of the board shall be entitled to receive such travelling expenses as the Minister may determine.
(16) The Government Sector Employment Act 2013 shall not apply to or in respect of the appointment by the Governor of any member of the board, and no member shall, in his or her capacity as such member, be subject to the provisions of such Act during his or her term of office.
s 3: Am GG No 33 of 2.3.1979, p 953; 1988 No 131, Sch 10; 1990 No 46, Sch 1; 1993 No 108, Sch 1; 2001 No 112, Sch 1.12 [2]–[7]; 2002 No 83, Sch 2.9; 2004 No 55, Sch 1.13 [1] [2]; 2013 No 111, Sch 2.8; 2014 No 64, Sch 2.4; 2015 No 58, Sch 3.38 [2]–[4]; 2024 No 47, Sch 1.16[1] [2].
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the board makes use of) may be referred to as officers or employees, or members of staff, of the board.
s 4: Subst 2015 No 58, Sch 3.38 [5].
5
Powers and functions of board
5 Powers and functions of board
5 Powers and functions of board
(1) Subject to this Act, the powers and functions of the board shall be—
(a) to assign names to places,
(b) to approve that a recorded name of a place shall be its geographical name,
(c) to alter a recorded name or a geographical name,
(d) to determine whether the use of a recorded name or a geographical name shall be discontinued,
(e) to adopt rules of orthography, nomenclature and pronunciation with respect to geographical names,
(f) to investigate and determine—
(i) the form, spelling, meaning, pronunciation, origin and history of any geographical name, and
(ii) the application of any geographical name with regard to position, extent or otherwise,
(g) to compile and maintain a vocabulary of Aboriginal words used or suitable for use in geographical names and to record their meaning and origin,
(h) to compile and maintain a register of geographical names with a record of their form, spelling, meaning, pronunciation, origin and history,
(i) to publish a gazetteer of geographical names, and
(j) to inquire into and make recommendations on any matters relating to the names of places referred to it by the Minister.
(2) The board may compile, maintain and publish a list of road names.
s 5: Am 2000 No 53, Sch 3.8; 2004 No 55, Sch 1.13 [3]; 2016 No 27, Sch 1.12 [1] [2].
6
Counsellors to the board
6 Counsellors to the board
6 Counsellors to the board
(1) The board may, by instrument in writing, appoint counsellors to advise it on matters within its powers and functions.
(2) The appointment of a counsellor shall be for such purpose or for such period as may be specified in the instrument by which he or she is appointed.
(3) Each counsellor shall be entitled to receive such travelling expenses as the Minister may determine.
7
Recorded names
7 Recorded names
7 Recorded names
(1) Where the board approves that the recorded name of a place shall be its geographical name it shall cause notice of its approval to be published in the Gazette and upon publication of such notice the name shall become the geographical name of that place.
(2) Where a place has more than one recorded name and the board proposes to adopt one of such names as the geographical name of that place the proposal shall be dealt with in the manner provided in section 8 for the alteration of a recorded name or geographical name.
7A
Certain names taken to be recorded names
7A Certain names taken to be recorded names
7A Certain names taken to be recorded names
(1) The board may resolve to regard a name of a place as the recorded name of the place if the name appears in the same way on or in more than one map or other publication, or database, published or maintained—
(a) by a government agency, or
(b) by any other body, if—
(i) the publication or database has been publicly available for a minimum of three years, and
(ii) the board is of the opinion that the publication or database is of a reliable cartographic and geospatial standard.
(2) A name cannot be the subject of a resolution under this section if the board is aware that the name appears differently on or in two or more publications or databases referred to in subsection (1), even if the name appears in the same way on or in more than one such publication or database.
(3) A name the subject of a resolution under this section is taken to be a recorded name for the purposes of this Act.
s 7A: Ins 2004 No 55, Sch 1.13 [4].
8
Notice of proposal to assign or alter a name
8 Notice of proposal to assign or alter a name
8 Notice of proposal to assign or alter a name
Whenever the board proposes to assign a geographical name to any place or to alter a recorded name or a geographical name it shall cause to be published in the Gazette and in a newspaper circulating in or in the neighbourhood of such place a notice of the proposal specifying the proposed name or alteration.
9
Submissions in relation to proposed name or alteration
9 Submissions in relation to proposed name or alteration
9 Submissions in relation to proposed name or alteration
(1) Any person may, within a period of one month after the date of publication of the notice referred to in section 8 or within any further period that the board may allow either in the notice or afterwards, make a written submission to the secretary of the board in relation to the proposed name or alteration.
(2) The board shall inquire into and dispose of all submissions made pursuant to subsection (1).
(3) Where the board, after considering any submissions in relation to a proposed name or alteration—
(a) decides that that name or alteration should not be adopted, the board may abandon the proposed name or alteration, or
(b) decides that that proposed name or alteration should be adopted, either with or without modification, it may so recommend to the Minister in a report which shall also set out the grounds of any objections to the proposed name or alteration contained in the submissions.
(4) Where the board makes a decision referred to in paragraph (a) of subsection (3), it may, at any subsequent time, make a further proposal, in accordance with section 8, to assign to the place referred to in its decision the same or any other name, or to make the same or any other alteration to the name of the place so referred to.
(5) The Minister, after such inquiry as he or she thinks fit, may approve or disapprove of the recommendation of the board referred to in paragraph (b) of subsection (3), and his or her decision shall be final.
s 9: Am 2001 No 112, Sch 1.12 [8]–[11].
10
Publication of geographical names
10 Publication of geographical names
10 Publication of geographical names
(1) Where—
(a) no submission objecting to a proposed name or alteration has been made, the board may cause a notice specifying the proposed name or alteration to be published in the Gazette, or
(b) a submission has been made objecting to a proposed name or alteration, the board has recommended to the Minister that the proposed name or alteration be adopted, either with or without modification, and the Minister has approved the board’s recommendation, the board shall cause a notice specifying the proposed name or alteration, as approved by the Minister, to be so published.
(2) Upon publication of such notice the name assigned or any altered name specified in the notice shall become the geographical name of the place to which the notice relates and, in the case of an alteration, the former name of the place shall cease to be its recorded or geographical name.
s 10: Am 2001 No 112, Sch 1.12 [12] [13].
11
Approval of name of post office
11 Approval of name of post office
11 Approval of name of post office
(1) The board may, after consultation with the appropriate officer of any department of the Government of the Commonwealth of Australia and with such other persons, if any, as it thinks desirable, approve of the name assigned or proposed to be assigned to any post office or telegraph office in the State of New South Wales or of any alteration made or proposed to be made in a name assigned to any such post office or telegraph office.
(2) Where the board gives an approval under this section, it may cause notice of its approval to be published in the Gazette and thereupon the name or name as altered specified in the notice shall be the geographical name of the post office or telegraph office.
12
Naming of places under other Acts
12 Naming of places under other Acts
12 Naming of places under other Acts
(1) Whenever by any Act or any ordinance or regulation made under any Act power or authority is given to the Governor or to any public authority, local government body, officer or person to assign a name to any place or to alter the name of any place such power or authority shall not be exercised unless the board first concurs in the name or alteration.
(2) Where, under subsection (1), the board concurs in a name being assigned to any place or in the alteration of the name of any place, the name assigned or as altered shall, upon publication of a notice in the Gazette specifying that name as the geographical name of that place, be its geographical name.
(3) Subject to subsection (1), nothing in this Act shall affect the powers or authorities conferred by or under any Act on the Governor or any public authority, local government body, officer or person to name any place or alter the name of any place.
13
13
13 (Repealed)
14
Discontinuance of name
14 Discontinuance of name
14 Discontinuance of name
(1) Subject to subsection (3), the board may determine that the use of a geographical name shall be discontinued.
(2) Where the board determines that the use of a geographical name shall be discontinued it shall cause notice of its determination to be published in the Gazette and thereupon that name shall cease to be the geographical name of the place to which the notice relates.
(3) The board shall not determine that the use of a geographical name assigned or altered in accordance with the provisions of section 11 or 12 shall be discontinued unless the appropriate officer of a department of the Government of the Commonwealth of Australia or the Governor, public authority, local government body, officer or person referred to in those sections has concurred in its discontinuance.
15
Names in geographical manuscripts, tourist publications, maps and other publications
15 Names in geographical manuscripts, tourist publications, maps and other publications
15 Names in geographical manuscripts, tourist publications, maps and other publications
(1) No person shall publish or cause to be published in any geographical or other scientific manuscript or publication, or in any guide-book, handbook, pamphlet, road-map, or other publication intended for the use of travellers or tourists generally, or on any map in such manuscript or publication, or in such guide-book, handbook, pamphlet or other publication, any name purporting to be the name of any place which has a geographical name unless the name so published is the geographical name of that place or it is stated in or on the manuscript, publication, guide-book, handbook, pamphlet, road-map or other publication, or on the map, that the name is not a geographical name under this Act.
(2) Every person who acts in contravention of the provisions of this section shall be guilty of an offence against this section and shall be liable to a penalty not exceeding 5 penalty units.
(3) Proceedings for an offence against this section are to be dealt with summarily before the Local Court.
(4) Proceedings for an offence against this section shall not be commenced except with the approval in writing of the Minister.
(5) In this section—
published includes published in electronic form.
s 15: Am 1993 No 47, Sch 1; 1994 No 32, Sch 2; 2001 No 112, Sch 1.12 [14] [15]; 2007 No 94, Sch 4.
16
Annual report
16 Annual report
16 Annual report
(1) The board shall, as soon as practicable after the thirtieth day of June in each year, cause a report of its work and activities during the year ending on that date to be prepared and forwarded to the Minister.
(2) The Minister shall cause a copy of the report to be laid before both Houses of Parliament.
17
Rights or obligations not affected
17 Rights or obligations not affected
17 Rights or obligations not affected
No alteration of or discontinuance of the use of a name of a place pursuant to this Act shall affect any rights or obligations of any person, or render defective any legal proceedings and any legal proceedings may be continued or commenced under the altered or discontinued name.
18
Delegation of powers
18 Delegation of powers
18 Delegation of powers
(1)
(a) The board may from time to time by resolution delegate to the chairperson of the board such of the powers and functions of the board (other than this power of delegation) as may be prescribed by the regulations and as are specified in the resolution.
(b) Any such delegation—
(i) may be revoked by the board by resolution,
(ii) shall not preclude the board from exercising the powers or functions delegated, and
(iii) may be made either generally or for any particular case or class of cases.
(c) When acting within the scope of any such delegation to him or her, the chairperson of the board shall be deemed to be the board.
(2)
(a) The Minister may delegate to the Secretary, or to any person employed in the Department, any power or function (other than this power of delegation) vested in him or her under this Act.
(b) Any such delegation—
(i) shall remain in force notwithstanding that the person who made the delegation has ceased to hold office as Minister,
(ii) may be revoked by the Minister,
(iii) shall not preclude the Minister from exercising the powers or functions delegated, and
(iv) may be made either generally or for any particular case or class of cases.
(c) Any action by the Secretary or any other person when acting within the scope of any such delegation to him or her, shall be as effective as if the action had been by the Minister in person.
s 18: Am 2004 No 55, Sch 1.13 [5]; 2010 No 59, Sch 2.37 [2] [3]; 2015 No 58, Sch 3.38 [6]–[8].
19
Regulations
19 Regulations
19 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to—
(a) the forms or other documents to be used for the purposes of this Act,
(b) the form of and the method of keeping any records to be kept by the board for the purposes of this Act,
(c) the procedure for the calling of meetings of the board and the conduct of the business at such meetings,
(d) the powers and functions that the board may delegate to the chairperson,
(e) prescribing the places or classes of places to which the provisions of this Act do not apply, and
(f) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed in relation to any matter within the powers and functions of the board and generally for carrying out or giving effect to the provisions of this Act.
(2) (Repealed)
s 19: Am 1987 No 48, Sch 32.
20
Transitional provision
20 Transitional provision
20 Transitional provision
The persons holding office as appointed members of the board on the commencement of the amendment made to section 3 (6) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 continue to hold that office (subject to section 3) for the balance of the period of 5 years for which they were appointed.
s 20: Rep 1999 No 85, Sch 4. Ins 2001 No 112, Sch 1.12 [16].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act and commencement
1 Name of Act and commencement
1 Name of Act and commencement
(1) This Act may be cited as the Geographical Names Act 1966.
(2) Except as provided in subsection (3), this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(3) For the purposes only of the appointment or nomination of members of the Geographical Names Board of New South Wales, the provisions of this Act relating to their appointment and nomination shall commence upon the day upon which Her Majesty’s Assent to this Act is signified and those members shall assume office upon the day appointed and notified under subsection (2).
2 Definitions
2 Definitions
2 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires—
Board means the Geographical Names Board of New South Wales constituted under this Act.
Counsellor means a counsellor appointed under this Act.
Department means the Department of Finance, Services and Innovation.
Geographical name means the name of a place, which name has, in accordance with the provisions of this Act, been notified in the Gazette as a geographical name, but does not include a name which has ceased to be a geographical name under this Act.
Lands Department map means—
(a) in relation to any area within the Eastern and Central Division of New South Wales, as defined in the Crown Land Management Act 2016—a standard topographical map published before the commencement of this Act by or under the direction or control of the Department of Lands, for that area or, if there is no such standard topographical map for that area, a parish map, so published, which includes that area,
(b) in relation to any area within the Western Division of New South Wales, as defined in the Crown Land Management Act 2016—a standard topographical map, published before the commencement of this Act by or under the direction or control of the Department of Lands, for that area or, if there is no such standard topographical map for that area, the county map, so published, which includes that area, and
Allows the Board to treat names appearing consistently across multiple government or reliable public maps, publications or databases as recorded names, subject to a three year public availability rule and for the Board not being aware of inconsistent appearances (s 7A).
Creates an offence for publishing any name purporting to be the name of a place when it is not the geographical name under the Act, unless the publication states the name is not a geographical name, with a penalty not exceeding five penalty units and summary jurisdiction in the Local Court, and requires Ministerial consent to commence proceedings (s 15(1)-(4), s 15(5)).
Permits regulations by the Governor for procedural and recordkeeping matters and to prescribe classes of places excluded from the Act (s 19).
The Act therefore centralises formal naming authority in the Board, sets a public notice and submissions process, preserves certain naming powers in other statutes subject to Board concurrence (s 12), and creates criminal‑law style constraints on how names may be presented in maps and tourist publications (s 15).
Main concepts
The Act rests on a small set of statutory concepts that determine scope, decision‑makers and legal effects.
Geographical name and recorded name. A "geographical name" is a place name notified in the Gazette as such under the Act (s 2: definition of geographical name; s 7(1); s 10(1)-(2)). A "recorded name" is a place name as it appears on a Lands Department map, or the latest of several such maps (s 2: recorded name). The Board can approve a recorded name to be the geographical name (s 5(b), s 7(1)) or treat certain other published names as recorded names under s 7A where they meet the conditions in that section.
Place. "Place" is broad and includes geographical or topographical features and named settlements and localities, but explicitly excludes roads and specified classes of areas under the Local Government Act 1993, electoral districts under the Electoral Act 2017, schools, and any other class excluded by regulation (s 2: definition of place; s 19(1)(e) for regulations). The Act thus applies to an enumerated class of locations and permits regulations to exclude further classes.
Board, Minister and Governor roles. The Board is the primary decision maker for recommending and taking action on names (s 3, s 5). The Minister receives the Board’s report and may approve or disapprove recommendations (s 9(5)). The Governor formally appoints and may remove appointed members (s 3(2)(e), s 3(10)(a)). The Act also allows delegation to the Secretary or departmental officers for Ministerial powers (s 18(2)).
Publication and legal effect. Gazette publication is the legal mechanism that converts a decision into an effective geographical name (s 7(1), s 10(1)-(2), s 14(2)). Publication in a local newspaper is required for notices of proposals (s 8). For discontinuance of names assigned or altered under s 11 or s 12, concurrent approval by the appropriate Commonwealth officer or other naming authority is required (s 14(3)).
Public participation and objection. The Act mandates publication of proposals and a default one month period for written submissions to the Secretary, with the Board required to inquire into submissions and include grounds of objections in its report to the Minister (s 8, s 9(1)-(3)). This is the statutory route for disputes over naming.
Regulatory and enforcement overlay. The Governor may make regulations for forms, records, meeting procedures, delegated powers and exclusions (s 19). Section 15 creates a limited criminal penalty regime for misrepresenting a name as a geographical name in certain mapped or tourist publications, with proceedings summary in the Local Court and requiring the Minister’s written approval to commence (s 15(2)-(4)).
These concepts structure how names move from informal usage or cartographic records to legally recognised "geographical names", and how the Board manages orthography, Aboriginal vocabulary records, and registers. The Board’s authority intersects with other naming powers exercised under other Acts by requiring concurrence in those other naming processes (s 12).
Who it affects
The Act creates obligations and decision points that affect several groups with distinct interests and incentives.
The Board and its members. The statutory Board is created as the decision body for names (s 3). The Surveyor‑General must chair, and the Board comprises specified ex officio members and five Governor‑appointed members nominated by particular bodies including the Local Government and Shires Association, the Royal Australian Historical Society, the Geographical Society of New South Wales, the NSW Aboriginal Land Council, and Multicultural NSW (s 3(2)-(4)). Appointed members may receive fees for attendance where they are not public servants and receive travelling expenses as the Minister determines (s 3(14)-(15)). The Governor may remove appointed members (s 3(10)(a)). The Act exempts the appointment of Board members from the Government Sector Employment Act 2013 (s 3(16)), but staff enabling the Board are to be employed under that Act (s 4).
Public authorities and local government bodies. Where another Act gives power to the Governor, public authority, local government body or officer to assign or alter a place name, that power cannot be exercised unless the Board first concurs (s 12(1)). For names assigned under such powers, the Board must publish the concurrence in the Gazette to make the name a geographical name (s 12(2)). The rule changes the exercise pathway for statutory naming powers in other Acts by introducing a required step of Board concurrence.
Publishers, cartographers and database maintainers. Section 15 restricts publication of place names in a range of materials including scientific manuscripts, guide‑books, handbooks, pamphlets, road‑maps and maps intended for travellers, and specifically includes electronic publication (s 15(1), (5)). If a name is published as a place name and it is not a geographical name under the Act, the publisher must state that it is not a geographical name, or else face a penalty up to five penalty units and summary proceedings in the Local Court, subject to the Minister’s written consent to commence proceedings (s 15(2)-(4)). This affects private and public map producers, tourism publishers and digital map/database operators.
Owners and users of places. People or entities that rely on place names for legal rights or obligations are protected by s 17, which provides that alteration or discontinuance of a name under the Act does not affect rights or obligations nor render legal proceedings defective; proceedings may continue under the altered or discontinued name. Those with interests tied to registered names will need to track name changes for practical reasons but are not stripped of legal rights by a naming change (s 17).
Commonwealth postal authorities. The Board may approve names of post offices or telegraph offices after consultation with Commonwealth department officers and other persons as the Board thinks desirable, and published approval is effected by Gazette notice (s 11). The Board must consult the appropriate Commonwealth officer when considering post office names (s 11(1)). Discontinuance of a name assigned or altered under s 11 cannot occur without concurrence of the appropriate Commonwealth officer (s 14(3)).
Anyone proposing names. The Act provides a public procedure for proposing names or alterations: notices must be published in the Gazette and in a local newspaper, and there is a one month period for submissions to the Secretary unless extended by the Board (s 8, s 9(1)). This affects community groups, councils, developers and other nominators.
Funding drivers are implicit rather than explicit. The Act provides for fees for non‑public servant appointed members and travelling expenses as determined by the Minister (s 3(14)-(15)), and staff are to be public servants employed under the Government Sector Employment Act 2013 (s 4). There is no appropriation or explicit salary/funding schedule in the Act text.
Decision rights are primarily with the Board and, for final approval after objections, the Minister (s 5, s 9(3)-(5)). The Governor retains appointive and removal authority for appointed members (s 3(2)(e), s 3(10)(a)). Delegations can move some Ministerial powers to the Secretary or departmental employees (s 18(2)) and the Board can delegate certain powers to its chairperson as prescribed (s 18(1)).
Key duties and rights
The Act establishes a set of positive duties, procedural obligations and substantive powers for the Board, the Minister and third parties, and it creates rights for public participation and for maintenance of legal continuity.
Board duties and powers
Assign, approve, alter and discontinue names. The Board’s core functions include assigning names to places, approving recorded names as geographical names, altering recorded or geographical names, discontinuing the use of names, and adopting orthographic, nomenclatural and pronunciation rules (s 5(a)-(f)). These are statutory powers, not merely advisory functions.
Investigation and recordkeeping. The Board must investigate form, spelling, meaning, pronunciation, origin and history of names and maintain a register and gazetteer of geographical names and, separately, a vocabulary of Aboriginal words suitable for naming (s 5(f)-(i)). It may compile and publish a list of road names (s 5(2)).
Public process obligations. Before assigning or altering a name the Board must publish a notice of the proposal in the Gazette and in a newspaper circulating in or near the place (s 8). It has to allow at least one month for written submissions to the Secretary and to inquire into all submissions (s 9(1)-(2)). After considering submissions, the Board may abandon the proposal or recommend adoption to the Minister, with the report setting out grounds of objections (s 9(3)). Where there are no objections, the Board may publish the notice in the Gazette itself (s 10(1)(a)).
Publication effect. When the Board causes notice in the Gazette under the prescribed pathways, the specified name becomes the geographical name of the place; an altered name extinguishes the former recorded or geographical name (s 7(1), s 10(2)).
Minister and Governor duties and powers
Ministerial oversight. The Minister reviews the Board’s recommendation where objections are made and may approve or disapprove; that decision is final (s 9(5)). The Minister also receives the Board’s annual report and lays it before Parliament (s 16).
Executive appointments and removals. The Governor appoints the five appointed members and may remove them for cause (s 3(2)(e), s 3(10)(a)). Appointed members serve for periods not exceeding five years and may be reappointed (s 3(6)).
Delegation powers. The Minister may delegate functions to the Secretary or Departmental employees; any such delegation survives a change in Minister and may be revoked (s 18(2)). The Board may delegate prescribed powers to its chairperson (s 18(1)).
Rights and obligations of third parties
Right to submit. Any person may make a written submission to the Secretary within one month (or a longer period the Board allows) after notice of a proposed name or alteration is published (s 9(1)). The Board is required to inquire into and dispose of submissions (s 9(2)).
Duty when publishing names. Publishers of maps, guide‑books, handbooks, road maps and certain other publications must not publish a name purporting to be the name of a place unless the name is the geographical name under the Act or the publication states that the name is not a geographical name under the Act (s 15(1)). "Published" includes electronic forms (s 15(5)). Breach attracts a penalty up to five penalty units and summary jurisdiction in the Local Court, and prosecutions require the Minister’s written approval to commence (s 15(2)-(4)).
Legal continuity. Alteration or discontinuance of a place name under the Act does not affect rights or obligations of any person, nor render legal proceedings defective; proceedings may continue or be commenced under the altered or discontinued name (s 17). This ensures continuity of private and public legal relations despite name changes.
Administrative duties
Records and reporting. The Board must maintain registers and gazetteers of names (s 5(h)-(i)). It must prepare an annual report of its work and forward it to the Minister as soon as practical after 30 June each year, and the Minister must lay the report before both Houses of Parliament (s 16).
Procedural compliance. The Board must follow meeting procedure rules subject to regulation and must ensure quorum and voting rules are followed (s 3(9)). Regulations may prescribe forms and records to be used for Act purposes (s 19(1)(a)-(b)).
These duties create a regulated naming process with transparency obligations and public participation, while preserving continuity of private rights and embedding Ministerial oversight for contested matters.
Penalties and enforcement
The Act’s enforcement content is limited and focused narrowly on publication of names in certain categories of works, with administrative controls over prosecution. It does not create a broad regulatory penalty regime for all naming acts; other mechanisms in the Act are administrative and operate by Gazette publication rather than criminal sanction.
Offence for publishing non‑geographical names. Section 15(1) prohibits publication of any name purporting to be the name of any place in a range of publications and maps unless the name is the geographical name under the Act or the publication or map states that the name is not a geographical name under the Act. The categories include geographical or scientific manuscripts or publications, guide‑books, handbooks, pamphlets, road‑maps or other publications for travellers or tourists, and maps in those publications. Section 15(5) expressly includes electronic publication in the definition of "published".
Penalty quantum and jurisdiction. Breach of s 15 is an offence carrying a penalty not exceeding five penalty units (s 15(2)). Proceedings are to be dealt with summarily in the Local Court (s 15(3)). The Act does not specify whether enforcement is by complaint, information or other means; the Local Court’s summary jurisdiction implies a standard criminal or regulatory enforcement track for minor offences.
Control on commencement of proceedings. Section 15(4) requires that proceedings for an offence under s 15 shall not be commenced except with the Minister’s approval in writing. This creates an administrative gatekeeper that controls whether prosecutions for published name misrepresentation proceed. The Act does not prescribe criteria or timetables for that approval.
No other express monetary or criminal penalties. Beyond s 15, the Act does not supply other pecuniary penalties or criminal sanctions for, for example, assigning or altering a name outside the notice and Gazette process. The legal effect of assignment or alteration derives from the procedural publication mechanism in ss 7, 10 and 14, not from penalties. The Act protects rights and obligations from being affected by such name changes (s 17), which constrains the remedial consequences of unlawful naming actions.
Delegation and administrative effectiveness. The Act provides for delegation of Ministerial powers to the Secretary or departmental officers (s 18(2)). While delegation can make decision‑making efficient, the Act retains the Minister’s power to revoke and the Minister’s finality in approving Board recommendations where objections are lodged (s 9(5)). The Board may delegate to its chairperson prescribed powers (s 18(1)(a)-(c)), and when acting under delegation the chairperson is taken to be the Board (s 18(1)(b)(iii)). The Act does not specify enforcement mechanisms for noncompliance with publication or recordkeeping obligations of the Board itself; enforcement is likely administrative oversight through the Minister and parliamentary scrutiny via the annual report duty (s 16).
In practice the enforcement regime puts the legal burden of compliance primarily on publishers and map producers for representation of place names, with capped penalties and a Ministerial override on prosecutions, rather than a broad punitive framework applicable to naming authorities or other actors. The Act prescribes administrative remedies and public processes for naming rather than relying on penalties for most conduct.
How it interacts with other laws
The Act both references and conditions naming powers under other statutory schemes and also makes specific exclusions by reference to other Acts. The text creates cross‑links that practitioners must consider when dealing with naming issues in multi‑jurisdictional or multi‑authority contexts.
Interaction with naming powers under other Acts. Where any Act, ordinance or regulation gives power to the Governor, a public authority, local government body, officer or person to assign or alter the name of any place, that power cannot be exercised unless the Board first concurs (s 12(1)). This operates as a statutory precondition that channels the exercise of naming powers under other legislation through the Board. Where the Board concurs, the name becomes a geographical name upon Gazette publication (s 12(2)). Subject to this precondition, the Act states that it does not affect the powers conferred by or under any Act on the Governor or other naming authorities (s 12(3)). Practically, s 12 imposes an administrative step rather than removing underlying statutory power.
References to specific Acts in definitions and maps. The definition of "Lands Department map" in s 2 refers to maps published by or under the direction or control of the Department of Lands for areas within the Eastern and Central Division and Western Division as defined in the Crown Land Management Act 2016, and separately specifies the map of Lord Howe Island dated 6 July 1962. These definitions import cartographic sources and tie the meaning of "recorded name" to particular map traditions. Where such maps differ, the recorded name is the name on the map published later (s 2: recorded name).
Government Sector Employment Act 2013. The Act provides that staff supporting the Board may be employed under the Government Sector Employment Act 2013 (s 4). Conversely, s 3(16) expressly exempts the appointment of Board members from the Government Sector Employment Act 2013 and makes members not subject to that Act during their term. This creates a bifurcation: Board members operate outside the employment law regime that governs staff who implement Board functions.
Commonwealth naming and postal functions. Section 11 requires the Board to consult the appropriate officer of any Commonwealth department and other persons when approving names assigned to post offices or telegraph offices. Section 14(3) prohibits discontinuance of names assigned or altered in accordance with ss 11 or 12 without concurrence of that Commonwealth officer or other delegated naming authority. These provisions place a consultation and concurrence constraint on changes that implicate Commonwealth functions.
Regulations and exclusions. Under s 19(1)(e) the Governor may make regulations prescribing places or classes of places to which the Act does not apply. The Act’s definition of "place" already excludes roads, areas as defined in the Local Government Act 1993, county council or joint organisation areas, electoral districts under the Electoral Act 2017, schools and any class of places excluded by regulation (s 2, definition of place). This enables the regulation‑making power to refine the statutory scope and coordinate with other legislative schemes.
Parliamentary and administrative oversight. The Board must prepare an annual report and the Minister must lay it before both Houses of Parliament (s 16). The Act thereby embeds parliamentary oversighting of the Board’s activities, which interacts with public sector accountability regimes and with departmental responsibilities for staff under the Government Sector Employment Act 2013.
Procedural interactions. The Act’s requirement for Gazette publication to effect a geographical name means that other statutory instruments that rely on place names for legal effect may need to be read with care where naming changes occur. Section 17 protects rights and obligations from being affected by name alteration or discontinuance, and explicitly allows legal proceedings to continue under altered or discontinued names, which mitigates interactional friction with other statutory regimes.
Practitioners should therefore map naming activity against other statutes conferring naming powers, check regulation schedules for exclusions, and note that Commonwealth postal naming involves consultation and concurrence. The Act’s operational effects are largely administrative and procedural, with Gazette publication central to cross‑statutory recognition.
Amendment history
The Act text includes amendment notes appended to particular sections. The Act has been amended on multiple occasions; the statutory notes in the source identify the amending instruments and schedules. The notes in the source provide the following recorded amendments to sections as shown in the Act text.
s 2 (Definitions). Amended by: 1987 No 63, Sch 2; 1993 No 108, Sch 1; 1995 No 11, Sch 1; 2001 No 112, Sch 1.12 [1]; 2010 No 59, Sch 2.37 [1]; 2009 No 102, Sch 6.1; 2015 No 58, Sch 3.38 [1]; 2017 No 17, Sch 4.39; 2017 No 65, Sch 2.10; 2017 No 66, Sch 8.10. These entries appear in the source as the amendment history attached to s 2.
s 3 (Geographical Names Board). Amended by: Government Gazette No 33 of 2.3.1979 p 953; 1988 No 131, Sch 10; 1990 No 46, Sch 1; 1993 No 108, Sch 1; 2001 No 112, Sch 1.12 [2]-[7]; 2002 No 83, Sch 2.9; 2004 No 55, Sch 1.13 [1] [2]; 2013 No 111, Sch 2.8; 2014 No 64, Sch 2.4; 2015 No 58, Sch 3.38 [2]-[4]; 2024 No 47, Sch 1.16[1] [2]. This list appears as the amending instruments and schedules attached to s 3.
s 4 (Staff). Substituted by 2015 No 58, Sch 3.38 [5].
s 5 (Powers and functions). Amended by: 2000 No 53, Sch 3.8; 2004 No 55, Sch 1.13 [3]; 2016 No 27, Sch 1.12 [1] [2].
s 7A (Certain names taken to be recorded names). Inserted by 2004 No 55, Sch 1.13 [4].
s 9 (Submissions). Amended by 2001 No 112, Sch 1.12 [8]-[11].
s 10 (Publication). Amended by 2001 No 112, Sch 1.12 [12] [13].
s 15 (Names in publications). Amended by: 1993 No 47, Sch 1; 1994 No 32, Sch 2; 2001 No 112, Sch 1.12 [14] [15]; 2007 No 94, Sch 4.
s 16 (Annual report). No specific amendment note in the extracted text beyond its original placement.
s 18 (Delegation). Amended by 2004 No 55, Sch 1.13 [5]; 2010 No 59, Sch 2.37 [2] [3]; 2015 No 58, Sch 3.38 [6]-[8].
s 19 (Regulations). Amended by 1987 No 48, Sch 32.
s 20 (Transitional provision). The source records repeals and insertions: s 20 was repealed 1999 No 85, Sch 4 and inserted 2001 No 112, Sch 1.12 [16].
The Act text shows changes over time including the insertion of s 7A in 2004 to recognise names in modern maps and databases as recorded names under certain conditions, updates to delegation and procedural matters in 2004, 2010 and 2015, a substitution of the staff provision in 2015, and multiple earlier changes to membership and procedural provisions. The amendment notes in the source are the authoritative entries for legislative history within the Act text; the source does not include text of the amending Acts or detail the content of each amendment beyond the schedule references. For precise drafting changes, schedules and amending enactments cited in these notes must be consulted.
Litigation history
The Act text does not list or summarise judicial decisions. There are no cases named in the Act text itself, and the source does not record any reported litigation or judicial interpretation. Nonetheless, the Act contains several procedural and substantive features that shape how litigation, should it arise, would be handled.
Criminal or summary prosecutions under s 15. The Act makes publishing a name as if it were a geographical name when it is not a geographical name an offence (s 15(2)). Proceedings for such an offence are to be dealt with summarily before the Local Court (s 15(3)) and cannot be commenced without the Minister’s written approval (s 15(4)). The Act therefore places a procedural gate on prosecutorial discretion. Where a party contemplates enforcing s 15 by prosecution, the prosecuting authority must obtain the Minister’s written approval before initiating proceedings, which will be heard in the Local Court.
Continuity of rights and proceedings. Section 17 provides that an alteration or discontinuance of a name under this Act does not affect rights or obligations, and that legal proceedings may be continued or commenced under the altered or discontinued name. This clause anticipates litigation where parties might otherwise seek to challenge the validity of actions taken under a former name. The provision prevents name change from creating procedural defects in legal proceedings.
Administrative review and Ministerial finality. The Board must inquire into submissions and report objections to the Minister, and the Minister’s decision to approve or disapprove a Board recommendation where objections exist is "final" (s 9(3), (5)). The Act does not create on its face any statutory right of review to challenge the Minister’s decision in court. That said, general avenues for judicial review of administrative action under public law principles would exist outside the Act’s text; the Act itself does not specify or exclude judicial review remedies. The Act’s finality language may be persuasive as to Parliament’s intention that the Minister be the ultimate decision maker for contested recommendations, but it does not expressly oust judicial review in the source text.
Evidentiary operation of Gazette publication. The Act makes Gazette publication the operative act by which names become geographical names (s 7(1), s 10(1)-(2)). If litigation arises about whether a name is a geographical name, the Gazette notice and its date will be central evidence. Likewise, s 2’s definition of "recorded name" links to Lands Department maps and prescribes which map has primacy where names appear differently on different maps, which can be determinative in disputes over recorded name status.
No case law referenced. Because the Act itself contains no reported decisions, practitioners or researchers seeking relevant litigation must consult external databases and law reports. The Act’s provisions concerning Ministerial approval for prosecutions under s 15 and the statutory protection of rights in s 17 are notable litigation‑relevant features that would likely be focal points if disputes were litigated.
In short, the Act establishes processes with potential for litigation around prosecution under s 15, judicial review of administrative decisions (subject to the Minister’s finality), evidentiary reliance on Gazette notices and maps, and preservation of private rights despite name changes. The Act text contains no internal record of cases or precedents.
Gotchas
The Act contains a number of drafting and practical features that can catch users, agencies and publishers unaware if they are not closely read. Below are concrete points to watch, defined by specific sections.
"Place" is narrower than the lay meaning. The statutory definition of "place" excludes roads, areas as defined in the Local Government Act 1993, county council or joint organisation areas, electoral districts under the Electoral Act 2017, schools, and classes of places excluded by regulation (s 2: definition of place; s 19(1)(e)). Users who assume the Act governs road or school names will be mistaken unless regulations include them.
Recorded name primacy and map vintage. A "recorded name" is the name as it appears on a Lands Department map and, where multiple maps differ, the name on the later map prevails (s 2: recorded name). This gives legal primacy to certain cartographic sources and to the most recently published map when discrepancies exist. Practitioners should examine map publication dates when assessing recorded name status.
Modern database recognition is conditional. Section 7A permits the Board to treat names appearing identically in more than one publication or database as recorded names, but only if those publications are government agency outputs or have been publicly available for at least three years and are of reliable cartographic and geospatial standard, and provided the Board is not aware of inconsistent appearances (s 7A(1)-(3)). Relying on an online database as constituting a recorded name without checking these conditions can fail.
Ministerial gate on prosecutions. Prosecutions under s 15 cannot be commenced without the Minister’s written approval (s 15(4)). A person or entity seeking enforcement must obtain that approval, which can stall timetables or public enforcement expectations.
Limited penalty and summary jurisdiction. The penalty for publishing a non‑geographical name in specified materials is capped at five penalty units and prosecutions are summary in the Local Court (s 15(2)-(3)). Those seeking civil remedies or more substantial deterrence will not find them in the Act; enforcement is relatively low‑level.
Multiple sources for departmental references. The Act defines "Department" as the Department of Finance, Services and Innovation (s 2). Yet s 3(2)(b) refers to the Secretary of the Department of Planning and Environment or a nominee. This divergence reflects changes over time and administrative arrangements; users should verify current departmental responsibilities and titles by reference to the latest administrative arrangements, not by assuming a single departmental reference in isolation.
Board members outside the Government Sector Employment Act 2013. Section 3(16) excludes Board member appointments from the Government Sector Employment Act 2013 but s 4 makes Board staff subject to that Act. This creates two different governance regimes for members and staff with different employment and conduct consequences.
Gazette publication is the operative event. A name becomes a geographical name only on publication of the notice in the Gazette (s 7(1), s 10(1)-(2)). Local usage, signage, or inclusion in non‑Gazette publications does not, by itself, create a geographical name under the Act. Conversely, once published in the Gazette the name is legally effective irrespective of local usage.
Post office and Commonwealth consultation. The Board must consult appropriate Commonwealth officials before approving post office names and cannot discontinue such names without concurrence (s 11(1), s 14(3)). This is a cross‑jurisdictional choke point that can delay or constrain changes to postal names.
No automatic appeal mechanism in the Act. The Act gives the Minister final say over approval of recommendations where objections are lodged (s 9(5)) and does not create an internal appeal to a tribunal. If a party wants to challenge a Ministerial decision, they must look to external judicial review routes, which are not set out in the Act.
These specific provisions and interactions should be checked in practice to avoid procedural missteps, missed consultation obligations, or enforcement surprises.
How to comply
This section sets out concrete steps and practical compliance checks grounded in the Act’s text, for parties proposing names, publishers of maps and tourist materials, and agencies exercising naming powers under other statutes.
If you propose to assign or alter a name
Prepare the proposal and supporting materials that address form, spelling, meaning, pronunciation, origin and history if relevant. The Board has powers to investigate these matters under s 5(f)(i)-(ii).
Ensure the Board issues public notices. The Board must cause a notice of the proposal to be published in the Government Gazette and in a newspaper circulating in or near the place (s 8).
Allow for submissions. Any person may make a written submission within one month after Gazette publication, or within any longer period the Board allows (s 9(1)). Organise stakeholder engagement to make timely submissions or respond to objections within that period.
Expect the Board to inquire into all submissions and to either abandon the proposal or recommend adoption to the Minister with grounds of objections set out in its report when objections exist (s 9(2)-(3)). If no objections are received, the Board may publish the notice in the Gazette directly (s 10(1)(a)); otherwise the Minister must approve recommendations (s 9(5), s 10(1)(b)).
Secure Gazette publication for finality. A name becomes the geographical name only upon publication of the appropriate notice in the Gazette (s 7(1), s 10(2)). Track Gazette notices to confirm legal effect.
If the name relates to a post office, arrange consultation with the appropriate Commonwealth officer and note that discontinuance will require that officer’s concurrence (s 11(1), s 14(3)).
If you exercise naming power under another Act
Do not exercise the power to assign or alter a name unless the Board first concurs (s 12(1)). Build in time for the Board concurrence process before finalising naming decisions under other statutory powers.
Obtain Board concurrence and publish the concurrence in the Gazette to make the name the geographical name (s 12(2)).
If discontinuing names assigned under those other Acts, ensure the Board concurs and follow s 14 where Commonwealth concurrence is required.
If you publish maps, guides or electronic databases
Use geographical names as published in the Gazette where available. If using other names that are not geographical names under the Act, conspicuously state on the map or publication that the name is not a geographical name under this Act (s 15(1)).
Understand the contents captured by s 15: scientific manuscripts, guide‑books, handbooks, pamphlets, road maps, publications intended for travellers or tourists, and maps in those publications, and electronic publications (s 15(1), s 15(5)). Online map providers and app developers fall within "published" as defined.
Avoid exposure to prosecution. Failure to comply with s 15 can result in a penalty up to five penalty units and summary proceedings in the Local Court, and any prosecution requires the Minister’s written approval to commence (s 15(2)-(4)). If enforcement is a risk, seek clarification from the Board or legal advice before publication.
For Board and administrative compliance
Keep accurate registers and a gazetteer. The Board must compile and maintain a register of geographical names and may publish a gazetteer (s 5(h)-(i)). Maintain records in the forms and methods prescribed by regulations where applicable (s 19(1)(a)-(b)).
Follow meeting and quorum rules. The Board’s meeting procedures are subject to regulation and the Act requires five members for a quorum and majority voting rules (s 3(9)(a)-(c)). Record proxies, deputies and any instrument appointing a deputy under s 3(12).
Use delegation powers carefully. The Board may delegate prescribed powers to the chairperson (s 18(1)), and the Minister may delegate powers to the Secretary or Department employees (s 18(2)). Delegations can be revoked and do not prevent the delegating body from exercising the power directly (s 18(1)(b)(i)-(ii); s 18(2)(b)(ii)-(iii)). Ensure delegations are documented and consistent with regulation.
Prepare the annual report. The Board must prepare a report of its work for the year ending 30 June and forward it to the Minister who must lay it before both Houses of Parliament (s 16). Timely preparation supports parliamentary accountability and transparency.
Ensure staff employment arrangements align with s 4. Persons enabling the Board’s functions may be employed under the Government Sector Employment Act 2013; reconcile staff governance with the fact that Board members are not within that Act during their term (s 4; s 3(16)).
Database and cartographic compliance under s 7A
If relying on a database or publication to qualify a name as a recorded name under s 7A, document that the publication or database has been publicly available for at least three years and is of a reliable cartographic and geospatial standard, or confirm the name appears in more than one government agency publication (s 7A(1)(a)-(b)).
Check for inconsistent appearances. A name cannot be treated under s 7A if the Board is aware that the name appears differently on more than one publication or database (s 7A(2)). Provide evidence of consistent use where appropriate.
These steps align with the Act’s procedural and substantive provisions and, if followed, reduce litigation and enforcement risk, ensure administrative compliance and protect the legal effect of naming actions. For contested matters, engage early with the Board and plan for Ministerial decision timelines where objections may trigger s 9(5).
(c) in relation to Lord Howe Island—the map of Lord Howe Island published by the Department of Lands and dated 6 July 1962.
Place means any geographical or topographical feature or any area, district, division, locality, region, city, town, village, settlement or railway station or any other place within the territories and waters of the State of New South Wales but does not include any road, any area (within the meaning of the Local Government Act 1993), area of operations of a county council or a joint organisation area (within the meaning of that Act), any electoral district under the Electoral Act 2017, any school or any place or place within a class of places to which the provisions of this Act do not apply by virtue of the regulations.
Recorded name means the name of a place as it appears on a Lands Department map or, where the name of a place appears differently on two or more such maps, the name of that place as it appears on whichever of those maps was published later than the other or others.
Secretary means the Secretary of the Department.
s 2: Am 1987 No 63, Sch 2; 1993 No 108, Sch 1; 1995 No 11, Sch 1; 2001 No 112, Sch 1.12 [1]; 2010 No 59, Sch 2.37 [1]; 2009 No 102, Sch 6.1; 2015 No 58, Sch 3.38 [1]; 2017 No 17, Sch 4.39; 2017 No 65, Sch 2.10; 2017 No 66, Sch 8.10.
3 Geographical Names Board
3 Geographical Names Board
3 Geographical Names Board
(1) For the purposes of this Act, there shall be a board which shall be called the Geographical Names Board of New South Wales.
(2) The board shall consist of 9 members of whom—
(a) one shall be the person for the time being holding the office of Surveyor-General,
(b) one is to be the Secretary of the Department of Planning and Environment or an employee of that Department nominated by the Secretary,
(c) one is to be the person employed in the Public Service as the State Librarian or a member of staff of the Library Council of New South Wales nominated by the State Librarian,
(d) one is to be a person employed in the Department nominated by the Secretary, and
(e) 5 people (in this Act referred to as appointed members) shall be appointed by the Governor.
(3) The Surveyor-General shall be the chairperson of the board.
(3A) The person referred to in subsection (2) (d) shall be the deputy chairperson of the board.
(4) Of the appointed members—
(a) one shall be a person nominated by the governing body of the Local Government and Shires Association of New South Wales,
(b) one shall be a person nominated by the governing body of the Royal Australian Historical Society,
(c) one shall be a person nominated by the governing body of the Geographical Society of New South Wales, and
(d) one shall be a person nominated by the New South Wales Aboriginal Land Council, and
(e) one is to be a person nominated by the Chief Executive Officer of Multicultural NSW.
(5) If within the time specified in a notice sent by the Minister to the bodies or a body entitled to make a nomination for the purpose of paragraph (a), (b) or (c) of subsection (4) a person is not nominated by those bodies or that body, the Governor may appoint any suitable person to be a member of the board in the place of that firstmentioned person.
(6) Subject to this section the appointed members shall hold office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment and shall be eligible for reappointment.
(7) (Repealed)
(8)
(a) The chairperson shall preside at all meetings of the board at which he or she is present.
(b) In the absence of the chairperson the deputy chairperson shall preside.
(c) If both the chairperson and the deputy chairperson are absent from any meeting of the board the members present shall appoint one of their number to preside at that meeting.
(9)
(a) The procedure for the calling of meetings of the board and for the conduct of business at such meetings shall, subject to any regulation in relation thereto and this Act, be as determined by the board.
(b) At any meeting of the board five members shall form a quorum.
(c) Every question before the board shall be determined by a majority of the votes of the members present at a meeting of the board.
(d) The person presiding at any meeting of the board shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote.
(10)
(a) The Governor may, for any cause which to him or her seems sufficient, remove any appointed member from office.
(b) An appointed member shall be deemed to have vacated his or her office if he or she—
(i) dies,
(ii) resigns from office by written instrument addressed to the Governor,
(iii) becomes a mentally incapacitated person,
(iv) absents himself or herself from three consecutive meetings of the board of which reasonable notice has been given to the appointed member unless on leave granted by the board or unless he or she is before the expiration of five weeks after the last of such meetings excused by the board for his or her absence from such meetings,
(v) ceases to reside in the State, or
(vi) becomes bankrupt, compounds with his or her creditors or makes an assignment of his or her salary or estate for their benefit.
(11) If a vacancy occurs in the office of an appointed member, the Governor may appoint a person to the vacant office who shall hold office for the remainder of his or her predecessor’s term of office.
(12)
(a) In the case of illness or absence of any member of the board, other than an appointed member, the person who for the time being is performing the duties of the office by virtue of which that member is a member shall be the deputy of that member and shall act in the place of that member during his or her illness or absence, except where that member has approved of another person acting, or nominated another person to act, in his or her place.
(b) In the case of illness or absence of any appointed member, the board may, by instrument in writing, appoint a deputy to act in the place of such member during his or her illness or absence.
(c) Any person who is or is appointed the deputy of a member under this subsection may, while he or she acts as such deputy, exercise all the powers and authorities of the member in whose place he or she acts.
(13) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced, there was a vacancy or vacancies in the office or offices of any member or members.
(14) Each appointed member shall, if he or she is not employed in the Public Service, be entitled to receive such fees for attending meetings and transacting business of the board as the Minister may determine.
(15) Each member of the board shall be entitled to receive such travelling expenses as the Minister may determine.
(16) The Government Sector Employment Act 2013 shall not apply to or in respect of the appointment by the Governor of any member of the board, and no member shall, in his or her capacity as such member, be subject to the provisions of such Act during his or her term of office.
s 3: Am GG No 33 of 2.3.1979, p 953; 1988 No 131, Sch 10; 1990 No 46, Sch 1; 1993 No 108, Sch 1; 2001 No 112, Sch 1.12 [2]–[7]; 2002 No 83, Sch 2.9; 2004 No 55, Sch 1.13 [1] [2]; 2013 No 111, Sch 2.8; 2014 No 64, Sch 2.4; 2015 No 58, Sch 3.38 [2]–[4]; 2024 No 47, Sch 1.16[1] [2].
4 Staff
4 Staff
4 Staff
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the board to exercise its functions.
Note—
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the board makes use of) may be referred to as officers or employees, or members of staff, of the board.
s 4: Subst 2015 No 58, Sch 3.38 [5].
5 Powers and functions of board
5 Powers and functions of board
5 Powers and functions of board
(1) Subject to this Act, the powers and functions of the board shall be—
(a) to assign names to places,
(b) to approve that a recorded name of a place shall be its geographical name,
(c) to alter a recorded name or a geographical name,
(d) to determine whether the use of a recorded name or a geographical name shall be discontinued,
(e) to adopt rules of orthography, nomenclature and pronunciation with respect to geographical names,
(f) to investigate and determine—
(i) the form, spelling, meaning, pronunciation, origin and history of any geographical name, and
(ii) the application of any geographical name with regard to position, extent or otherwise,
(g) to compile and maintain a vocabulary of Aboriginal words used or suitable for use in geographical names and to record their meaning and origin,
(h) to compile and maintain a register of geographical names with a record of their form, spelling, meaning, pronunciation, origin and history,
(i) to publish a gazetteer of geographical names, and
(j) to inquire into and make recommendations on any matters relating to the names of places referred to it by the Minister.
(2) The board may compile, maintain and publish a list of road names.
s 5: Am 2000 No 53, Sch 3.8; 2004 No 55, Sch 1.13 [3]; 2016 No 27, Sch 1.12 [1] [2].
6 Counsellors to the board
6 Counsellors to the board
6 Counsellors to the board
(1) The board may, by instrument in writing, appoint counsellors to advise it on matters within its powers and functions.
(2) The appointment of a counsellor shall be for such purpose or for such period as may be specified in the instrument by which he or she is appointed.
(3) Each counsellor shall be entitled to receive such travelling expenses as the Minister may determine.
7 Recorded names
7 Recorded names
7 Recorded names
(1) Where the board approves that the recorded name of a place shall be its geographical name it shall cause notice of its approval to be published in the Gazette and upon publication of such notice the name shall become the geographical name of that place.
(2) Where a place has more than one recorded name and the board proposes to adopt one of such names as the geographical name of that place the proposal shall be dealt with in the manner provided in section 8 for the alteration of a recorded name or geographical name.
7A Certain names taken to be recorded names
7A Certain names taken to be recorded names
7A Certain names taken to be recorded names
(1) The board may resolve to regard a name of a place as the recorded name of the place if the name appears in the same way on or in more than one map or other publication, or database, published or maintained—
(a) by a government agency, or
(b) by any other body, if—
(i) the publication or database has been publicly available for a minimum of three years, and
(ii) the board is of the opinion that the publication or database is of a reliable cartographic and geospatial standard.
(2) A name cannot be the subject of a resolution under this section if the board is aware that the name appears differently on or in two or more publications or databases referred to in subsection (1), even if the name appears in the same way on or in more than one such publication or database.
(3) A name the subject of a resolution under this section is taken to be a recorded name for the purposes of this Act.
s 7A: Ins 2004 No 55, Sch 1.13 [4].
8 Notice of proposal to assign or alter a name
8 Notice of proposal to assign or alter a name
8 Notice of proposal to assign or alter a name
Whenever the board proposes to assign a geographical name to any place or to alter a recorded name or a geographical name it shall cause to be published in the Gazette and in a newspaper circulating in or in the neighbourhood of such place a notice of the proposal specifying the proposed name or alteration.
9 Submissions in relation to proposed name or alteration
9 Submissions in relation to proposed name or alteration
9 Submissions in relation to proposed name or alteration
(1) Any person may, within a period of one month after the date of publication of the notice referred to in section 8 or within any further period that the board may allow either in the notice or afterwards, make a written submission to the secretary of the board in relation to the proposed name or alteration.
(2) The board shall inquire into and dispose of all submissions made pursuant to subsection (1).
(3) Where the board, after considering any submissions in relation to a proposed name or alteration—
(a) decides that that name or alteration should not be adopted, the board may aban
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