NSWIn ForceAct
Local Government Act 1993
22Other functions
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Local Government Act 1993.
#### 22 Other functions
22 Other functions
> A council has the functions conferred or imposed on it by or under any other Act or law.
>
> Note.
>
> While the main functions of councils are provided for under this Act, councils also have functions under other Acts. An important general provision is contained in section 50 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) which provides, in part—
>
> > (1) A statutory corporation—
> >
> > > (a) has perpetual succession,
> >
> > > (b) shall have a seal,
> >
> > > (c) may take proceedings and be proceeded against in its corporate name,
> >
> > > (d) may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and
> >
> > > (e) may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions …
>
> > (4) This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.
>
> Some other Acts and some of the functions they confer include—
>
> | Community Land Development Act 2021 | planning functions as consent authority |
> | Companion Animals Act 1998 | companion animal registration and control |
> | Conveyancing Act 1919 | placing covenants on council land |
> | Environmental Planning and Assessment Act 1979 | environmental planning |
> | Fire and Rescue NSW Act 1989 | payment of contributions to fire brigade costs and furnishing of returns |
> | Fluoridation of Public Water Supplies Act 1957 | fluoridation of water supply by council |
> | Food Act 2003 | inspection of food and food premises |
> | Library Act 1939 | library services |
> | Protection of the Environment Operations Act 1997 | pollution control |
> | Public Health Act 2010 | inspection of systems for purposes of microbial control |
> | Public Spaces (Unattended Property) Act 2021 | taking possession of property |
> | Recreation Vehicles Act 1983 | restricting use of recreation vehicles |
> | Roads Act 1993 | roads |
> | Rural Fires Act 1997 | issue of permits to light fires during bush fire danger periods |
> | | requiring the furnishing of information to the Rural Fire Service Advisory Council and its Co-ordinating Committee |
> | State Emergency Service Act 1989 | recommending appointment of local commander |
> | Strata Schemes Development Act 2015 | approval of strata plans |
> | Swimming Pools Act 1992 | ensuring restriction of access to swimming pools |
>
> The exercise by a council of its functions under this Act may also be modified by the provisions of another Act. Some of those Acts and some of the modifications they effect include—
>
> | Environmental Offences and Penalties Act 1989 | forfeiture of council functions to person appointed by Governor |
> | Government Information (Public Access) Act 2009 | council required to publish certain information and to grant access to certain documents |
> | Heritage Act 1977 | rating based on heritage valuation |
> | Privacy and Personal Information Protection Act 1998 | council required to amend certain records that are shown to be incomplete, incorrect, out of date or misleading |
> | State Emergency and Rescue Management Act 1989 | council required to prepare for emergencies |
> | Unclaimed Money Act 1995 | unclaimed money to be paid to the Chief Commissioner of Unclaimed Money |
>
> **s 22:** Am 1995 No 75, Sch 1; 1996 No 139, Sch 2.22 \[1\] \[2\] (am 1997 No 55, Sch 2.18 \[1\] \[2\]); 1997 No 65, Sch 4.14 \[1\]; 1999 No 31, Sch 2.22 \[1\]; 2002 No 67, Sch 5.4; 2002 No 112, Sch 1.14 \[1\] \[2\]; 2003 No 43, Sch 1.5 \[1\]; 2009 No 54, Sch 2.28 \[3\]; 2010 No 127, Sch 4.15 \[1\]; 2015 No 51, Sch 9.13 \[1\]; 2016 No 20, Sch 4.5 \[1\]; 2018 No 59, Sch 5.1, 5.4; 2021 No 6, Sch 5.10\[1\]; 2024 No 82, Sch 4.5\[1\].