What it does
The Local Government Act 1993 (NSW) (the Act) establishes the foundational legal architecture for local government across New South Wales. At its core, it provides the framework within which councils operate as bodies politic with perpetual succession (s.220(1)), possessing the legal capacity and powers of an individual both within and outside the State. The Act delineates councils' service functions (Chapter 6), regulatory functions (Chapter 7), and ancillary powers (Chapter 8), while imposing rigorous accountability mechanisms through financial management (Chapter 15), annual reporting (s.428), and oversight via the Departmental Chief Executive and ministerial intervention (Chapter 13).
Specifically, the Act requires councils to prepare and endorse a community strategic plan identifying long-term priorities (s.402), a resourcing strategy, delivery program, and annual operational plan (ss.403–405). Councils must categorise rateable land into farmland, residential, mining, or business (s.514), with optional sub-categories (s.529), and levy ordinary rates annually (s.494) alongside charges for services such as water supply, sewerage, stormwater drainage, and waste management (ss.496, 501). Regulatory approvals are mandated for activities ranging from building works to operating caravan parks (s.68 and the Table thereto), with orders available to enforce compliance (s.124 and the Table thereto).
The Act binds the Crown in right of NSW and, to the extent of legislative power, in all other capacities (s.4), with specific carve-outs for Crown land applications (ss.72–74), rates on Crown land (ss.555, 560–561), and service of notices (s.708). It facilitates community participation through open meetings (s.10), council polls, and constitutional referendums (ss.14–20), while regulating public land classification as community or operational (ss.25–34), with strict controls on dealings with community land (s.45).