Sch 1contains provisions relating to organisations that provide services to the local government sector.

Schedule 1 contains provisions relating to organisations that provide services to the local government sector. 6—Principal role of a council A council is, under the system of local government established by this Act, established to provide for the government and management of its area at the local level and, in particular— (a) to act as a representative, informed and responsible decision-maker in the interests of its community; and (b) to provide and co-ordinate various public services and facilities and to develop its community and resources in a socially just and ecologically sustainable manner; and (c) to encourage and develop initiatives within its community for improving the quality of life of the community; and (d) to represent the interests of its community to the wider community; and (e) to exercise, perform and discharge the powers, functions and duties of local government under this and other Acts in relation to the area for which it is constituted. 7—Functions of council The functions of a council include— (a) to plan at the local and regional level for the development and future requirements of its area; (b) to provide services and facilities that benefit its area, its ratepayers and residents, and visitors to its area; (ba) to determine the appropriate financial contribution to be made by ratepayers to the resources of the council; (c) to provide for the welfare, well-being and interests of individuals and groups within its community; (d) to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards; (e) to manage, develop, protect, restore, enhance and conserve the environment in an ecologically sustainable manner, and to improve amenity; (f) to provide infrastructure for its community and for development within its area (including infrastructure that helps to protect any part of the local or broader community from any hazard or other event, or that assists in the management of any area); (g) to promote its area and to provide an attractive climate and locations for the development of business, commerce, industry and tourism; (h) to establish or support organisations or programs that benefit people in its area or local government generally; (i) to manage and, if appropriate, develop, public areas vested in, or occupied by, the council; (j) to manage, improve and develop resources available to the council; (k) to undertake other functions and activities conferred by or under an Act. 8—Principles to be observed by council A council must act to uphold and promote observance of the following principles in the performance of its roles and functions— (a) provide open, responsive and accountable government; (b) be responsive to the needs, interests and aspirations of individuals and groups within its community; (c) participate with other councils, and with State and national governments, in setting public policy and achieving regional, State and national objectives; (d) give due weight, in all its plans, policies and activities, to regional, State and national objectives and strategies concerning the economic, social, physical and environmental development and management of the community; (e) seek to co-ordinate with State and national government in the planning and delivery of services in which those governments have an interest; (ea) seek to collaborate, form partnerships and share resources with other councils and regional bodies for the purposes of delivering cost-effective services (while avoiding cost-shifting among councils), integrated planning, maintaining local representation of communities and facilitating community benefit; (f) seek to facilitate sustainable development and the protection of the environment and to ensure a proper balance within its community between economic, social, environmental and cultural considerations; (g) manage its operations and affairs in a manner that emphasises the importance of service to the community; (h) seek to ensure that council resources are used fairly, effectively and efficiently and council services, facilities and programs are provided effectively and efficiently; (i) seek to provide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs; (ia) seek to balance the provision of services, facilities and programs with the financial impact of the provision of those services, facilities and programs on ratepayers; (j) achieve and maintain standards of good public administration; (k) ensure the sustainability of the council's long‑term financial performance and position. Chapter 3—Constitution of councils Part 1—Creation, structuring and restructuring of councils Division 1—Powers of the Governor 9—Governor may act by proclamation The Governor may, by proclamation, do one or more of the following: (a) constitute a new council; (b) amalgamate two or more councils to form a single council or two or more councils (being a lesser number than the number of councils subject to amalgamation); (c) define the area of a council; (d) alter the boundaries of a council; (e) give a name to, or alter the name of— (i) a council; (ii) the area of a council; (f) constitute a council as a municipal council or a district council, or change a municipal council to a district council or a district council to a municipal council; (g) divide, or redivide, the area of a council into wards, alter the division of the area of a council into wards, or abolish the division of the area of a council into wards; (h) give a name to, or alter the name of, a ward; (i) determine the composition of a council (for example, by making provision about the principal member of a council and about the number of councillors for a council and, if a council has wards, the number of councillors to represent each ward), or alter the composition of a council; (j) abolish a council. 10—Matters that may be included in a proclamation (1) If the Governor by proclamation under this Part constitutes a new council, or amalgamates two or more councils to form a single council or two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations, in respect of a council that is being formed— (i) appoint the first members of the council and, if so determined, make provision for the first election of members of the council; or (ii) make provision for the election of the first members of the council; (b) provide for an alteration to the composition of the council from a date specified in the proclamation; (c) determine the method or methods of assessing rateable property within the area of the council; (d) if some or all of the area of the council has previously been within the area of a council—provide for differential rates within the area on a specified basis for a specified period in order to allow rating relativities within the area of the council to be gradually realigned; (e) make provision for the by-laws that are to apply in the area (or part of the area) of the council; (f) make provision for the appointment or selection of the first chief executive officer of the council and, as appropriate, of other officers of the council; (g) make, subject to the provisions of a relevant Act, award or industrial agreement, provision to protect the various rights and interests of staff. (2) If the Governor by proclamation under subsection (1) makes provision for the appointment or election of the members of a council, the Governor may also, by proclamation, cancel (for a particular year) the holding of periodic elections for the council. (3) If two or more councils are being amalgamated, the Governor may also, by proclamation, make provision for the preparation of final financial statements for the councils that are being amalgamated, and for other matters that should be finalised or resolved in connection with the amalgamation. (4) If two or more councils are amalgamated under this Part so as to form a single council, the assets, rights and liabilities of the councils subject to the amalgamation are, subject to any other provision made by proclamation, on the amalgamation, vested in or attached to the council formed by the amalgamation. (5) If three or more councils are amalgamated under this Part so as to form more than one council, the assets, rights and liabilities of the councils subject to the amalgamation are, on the amalgamation, apportioned between the councils formed by the amalgamation in such manner as is specified by proclamation. (6) If the Governor by proclamation under this Part alters the boundaries of two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations— (a) provide for differential rates within the area of a council affected by the alteration of boundaries on a specified basis in order to allow rating relativities to be gradually realigned on account of the alteration; (b) make any special provision that may be necessary or desirable about the by-laws that are to apply in parts of the areas affected by the alteration of the boundaries; (c) make provision for the transfer, apportionment, settlement or adjustment of property, assets, income, rights, liabilities or expenses as between the relevant councils. (7) If the Governor by proclamation under this Part provides for new or additional offices in the membership of a council, the Governor may, by the same or a subsequent proclamation or proclamations, appoint the first persons to fill those offices. (8) If the Governor by proclamation under this Part abolishes a council, the Governor may, by the same or a subsequent proclamation or proclamations— (a) declare that the property, assets, rights and liabilities of the council, as at the date of abolition, vest in, or attach to, another council or councils named in the proclamation; (b) make, subject to the provisions of a relevant Act, award or enterprise agreement, provision to protect the various rights and interests of staff of the council being abolished. (9) If the Governor does not make a declaration under subsection (8)(a) on or before the day on which the council is abolished, the assets, rights and liabilities of the council vest in, or attach to, the Crown on the abolition of the council. 11—General provisions relating to proclamations (1) The Governor cannot make a proclamation under a preceding section of this Division except— (a) in pursuance of an address from both Houses of Parliament; or (c) in pursuance of a proposal recommended by the Minister under Part 2. (2) The Governor may also, by proclamation— (a) make provision for related or ancillary matters necessary, desirable or expedient in view of the circumstances of a particular case; (b) provide that during a transitional period specified in the proclamation (being a period not exceeding five years from the date of operation of the proclamation), a provision of this Act applies as varied or modified in a manner set out in the proclamation to or in respect of— (i) a council affected (or to be affected) by a proclamation under this Part; or (ii) a council constituted or formed by a proclamation under this Part; (c) include other provisions of a transitional nature consequent on changes being made by proclamation under this Part (including for the construction of references in instruments or documents). (3) The provisions of a proclamation under this Part have effect according to their terms as from the day or days fixed in the proclamation or, if no day or days are so fixed, as from the day of the publication of the proclamation.