New South Wales regulation

Local Government (General) Regulation 2021

In ForceNSW

Jurisdiction

New South Wales

Act Number

460 of 2021

Collection

regulation

Plain English Summary

8/10 complexity

This Regulation gives councils detailed rules for water, sewer and stormwater approvals and standards; community land uses and short‑term leases; rates and charges (including capped stormwater charges and environmental upgrade charges); financial reporting and audit committee duties; and election procedures (including technology‑assisted voting rules with a moratorium to 1 Sept 2028), plus penalties and prescribed forms.

It affects councils (who set approvals, charges and delegations), ratepayers/landowners (who pay and are rated), contractors/developers (permit and material rules), and electors/candidates (voting and offence rules).

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What it does

The Local Government (General) Regulation 2021 (NSW) is the omnibus subordinate instrument under the Local Government Act 1993 (NSW). It commenced on 1 September 2021, replacing the Local Government (General) Regulation 2005. The Regulation provides the operational rules, forms, standards, and procedures that councils must follow across almost every area of local government administration.

Where the Local Government Act 1993 creates the statutory framework for councils (including their functions, powers, election of councillors, financial management, and community land), this Regulation fills in the details. It prescribes the forms of applications for various approvals; the standards for water, sewerage, and waste services; the tendering thresholds and procedures; the model codes for conduct and meeting practice; the financial reporting and accountability rules; the election procedures; and the penalty notice amounts for a wide range of offences.

The Regulation is structured in 14 Parts (plus additional Parts and Schedules for specific technical standards). The Parts broadly correspond to the major operational domains of council administration.

Note on source text: the stored source text contains 5 concatenated copies of the Regulation (approximately 745,000 characters; single copy approximately 149,000 characters). This analysis is based on a complete single copy.

Main concepts

Current sections

Direct links to the current provisions in Local Government (General) Regulation 2021.

593

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Local Government (General) Regulation 2021.

Commencement

2 Commencement

This Regulation commences on 1 September 2021.

Note.

This Regulation replaces the Local Government (General) Regulation 2005, which is repealed on 1 September 2021 by section 10(2) of the Subordinate Legislation Act 1989.

Definitions

3 Definitions

(1) In this Regulation—

approval, for Part 2, Division 7—see section 81A.

AS 5200.000—2006 means AS 5200.000—2006, Technical specification for plumbing and drainage products, Part 000: Procedures for certification of plumbing and drainage products, published by Standards Australia.

building includes a proposed building.

Category 1 business activity has the same meaning as in the Pricing and Costing Guidelines.

Category 2 business activity has the same meaning as in the Pricing and Costing Guidelines.

environmentally sensitive area includes—

(a) land or an area listed in the definition of environmentally sensitive area in Part 4 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000, and

(b) any land or area—

(i) within 100 metres of a natural waterbody, wetland or coastal dune field, or

(ii) with a high watertable, or

(iii) with highly permeable soils or acid sulphate, sodic or saline soils, or

(iv) within a drinking water catchment, or

(v) within the water catchment area of an estuary where the entrance to the sea is intermittently open.

house drain means that part of the sewerage service that conveys (or is intended to convey) the discharges from soil pipes and waste pipes on premises.

house service pipe means such part of a water service pipe as is not a property service pipe.

inspector means an employee of the council who is an authorised person for the purposes of exercising the functions of an inspector under this Regulation.

interceptor trap or boundary trap means a trap for preventing the passage of air or gases from the sewer to the house drain, being a trap located at some point between the sewer and the lowest inlet of the house drain.

licensed contractor, in relation to carrying out water supply, sewerage or drainage work, means the holder of a contractor licence in force under the Home Building Act 1989 that authorises the holder to carry out that work.

Liquid Trade Waste Management Guidelines means the Guidelines of that name produced by the Department of Planning, Industry and Environment in 2021, as in force from time to time.

Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under the Aboriginal Land Rights Act 1983.

New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under the Aboriginal Land Rights Act 1983.

pan means any moveable receptacle kept in a closet and used for the reception of human waste.

penalty notice means a notice served under section 679 of the Act.

Plumbing Code of Australia means the document entitled the Plumbing Code of Australia, produced for all State governments by the Australian Building Codes Board, as in force from time to time.

Pricing and Costing Guidelines means the document entitled Pricing & Costing for Council Businesses—A Guide to Competitive Neutrality originally issued by the Department of Local Government in July 1997, as in force from time to time.

principles of competitive neutrality has the same meaning as in the Pricing and Costing Guidelines.

property service pipe means such part of a water service pipe as lies between the service main and the water meter or, if there is no water meter, the boundary of the premises served by the service pipe.

public sewer means a sewer operated by a council or a county council, a water supply authority (within the meaning of the Water Management Act 2000), a State owned corporation specified in Schedule 1 or 5 to the State Owned Corporations Act 1989 (or a subsidiary of such a corporation) or any other public or local authority.

qualified supervisor, in relation to the carrying out of water supply, sewerage or drainage work, means the holder of an endorsed contractor licence or supervisor certificate in force under the Home Building Act 1989 authorising the holder to carry out or to supervise that work.

recognised approval, for Part 2, Division 7—see section 81A.

recognition certificate, for Part 2, Division 7—see section 81A.

related effluent application area, in relation to a sewage management facility, means the area of land (if any)—

(a) where it is intended to dispose of the effluent and any by-products of sewage from the facility, or

(b) to which the effluent and by-products are intended to be applied.

relevant activity, for Part 2, Division 7—see section 81A.

rural and remote council means a council designated in Part 13, Division 15 as a rural and remote council.

Secretary means the Secretary of the Department of Planning, Industry and Environment.

septic tank means a fixed receptacle of watertight material used in connection with the storage or bacterial treatment of sewage.

service main means a water main or a sewer main.

sewage includes any effluent of the kind referred to in paragraph (a) of the definition of waste in the Dictionary to the Act.

sewage management facility means—

(a) a human waste storage facility, or

(b) a waste treatment device intended to process sewage,

and includes a drain connected to such a facility or device.

sewage of a domestic nature includes human faecal matter and urine and waste water associated with ordinary kitchen, laundry and ablution activities of a household, but does not include waste in or from a sewage management facility.

sewer main means a sewer main forming part of the council’s sewerage system, and—

(a) includes risers or junctions provided by the council to enable a sewerage service to be connected to the main, and

(b) if the main is located outside premises that are to be served—includes risers and the sewers and fittings connecting the main to the premises, but only up to the boundary of the premises or, if a boundary trap or interceptor trap is installed, up to the trap.

sewerage service, in relation to premises—

(a) means the pipes, fittings or fixtures used or intended to be used in connection with the premises for the purpose of conveying sewage or permitted discharges from the premises to the council’s sewerage system, and

(b) if a septic tank is installed on the premises and connects or is intended to connect (directly or indirectly) with the council’s sewerage system—includes a septic tank (other than a septic tank intended to discharge to a related effluent application area), an effluent tank or a sullage tank.

soil pipe means any pipe that conveys the discharge from human waste storage facilities, or from operating theatres or morgues, to the house drains.

the Act means the Local Government Act 1993.

trade waste means all liquid waste other than sewage of a domestic nature.

trap means any fitting designed to retain a quantity of water to prevent the passage of air or gases through such fitting.

waste pipe means any pipe that conveys discharges to a house drain from fixtures (other than human waste storage facilities) or operating theatres or morgues.

water main means a water main forming part of the council’s water supply system, and, if premises are or are to be connected to the main, includes water pipes and fittings connecting the main to the premises to the point within the premises at which the water meter is or is to be installed.

water service pipe means a pipe that connects premises to a water main.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(4) Notes included in this Regulation do not form part of this Regulation.

s 3: Am 2025 (228), Sch 1[1]; 2025 (475), Sch 1[1].

Application of Regulation

4 Application of Regulation

Except as elsewhere provided in this Regulation, this Regulation—

(a) applies to those parts of the State that are constituted as areas for the purposes of the Act, and

(b) applies to county councils in the same way as it applies to councils.

Note.

The application of this Regulation to joint organisations is dealt with in section 397A.

Part 2

Approvals

Part 2 Approvals

Division 1

Preliminary

Division 1 Preliminary

Exclusion of certain matters

5 Exclusion of certain matters

This Part does not apply to—

(a) the installation of manufactured homes, moveable dwellings or associated structures on land, or

(b) the operation of manufactured home estates, caravan parks or camping grounds.

Note.

The operation of manufactured home estates and the installation of manufactured homes in manufactured home estates, and the operation of caravan parks and camping grounds and the installation of moveable dwellings (including manufactured homes) both in caravan parks and camping grounds and elsewhere, are governed by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

Division 3

Approvals relating to water supply, sewerage and stormwater drainage work

Division 3 Approvals relating to water supply, sewerage and stormwater drainage work

pt.2-div.3-sdiv.1

Applications for approvals

pt.2-div.3-sdiv.1 Applications for approvals

Subdivision 1 Applications for approvals

Standards and requirements to be met for approval

13 Standards and requirements to be met for approval

The council must not approve an application for an approval allowing water supply, sewerage or stormwater drainage work to be carried out unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation.

Installation of water meters

14 Installation of water meters

A council may require an application for an approval relating to the installation of a water meter to be accompanied by a completed water meter identification form provided by the council for the purpose.

Matters to be considered when determining applications for water supply, sewerage and stormwater drainage approvals

15 Matters to be considered when determining applications for water supply, sewerage and stormwater drainage approvals

(1) This section applies to the following activities—

(a) carrying out water supply work,

(b) drawing water from the council water supply or a standpipe,

(c) installing, altering, disconnecting or removing a water meter connected to a service pipe,

(d) carrying out sewerage work,

(e) carrying out stormwater drainage work.

(2) In determining an application for the purposes of section 68 of the Act for an approval to do any of the activities to which this section applies, the council must have regard to the following considerations—

(a) the protection and promotion of public health,

(b) the protection of the environment,

(c) the safety of its employees,

(d) the safeguarding of its assets,

(e) any other matter that it considers to be relevant in the circumstances.

pt.2-div.3-sdiv.2

Conditions of approvals

pt.2-div.3-sdiv.2 Conditions of approvals

Subdivision 2 Conditions of approvals

Approvals for stormwater drainage work to be subject to a condition requiring compliance with standards and requirements

16 Approvals for stormwater drainage work to be subject to a condition requiring compliance with standards and requirements

It is a condition of an approval allowing stormwater drainage work that—

(a) the activity approved, and

(b) any building or work associated or carried out in connection with the activity,

complies with any applicable standards set out or referred to in Part 2 of Schedule 1 and with any other applicable standards or requirements set out or referred to in this Regulation or any other regulation under the Act or the Environmental Planning and Assessment Act 1979.

16A

Approvals for water supply or sewerage work subject to compliance with Plumbing and Drainage Act 2011, standards and requirements

16A Approvals for water supply or sewerage work subject to compliance with Plumbing and Drainage Act 2011, standards and requirements

It is a condition of an approval allowing water supply or sewerage work that the activity approved, and any building or work associated or carried out in connection with the activity, complies with—

(a) any applicable requirements of the Plumbing and Drainage Act 2011 or the regulations made under that Act, and

(b) any applicable standards or requirements set out or referred to in this Regulation or any other regulation under the Act or the Environmental Planning and Assessment Act 1979.

Discretionary conditions for carrying out water supply work

17 Discretionary conditions for carrying out water supply work

The council may, in giving an approval to carry out water supply work, impose either or both of the following conditions—

(a) a condition that requires the work to be carried out within such time as the council considers reasonable,

(b) a condition that requires a qualified supervisor to attend at the place at which the work is carried out at such times as the council directs.

Connection to water or sewerage mains

18 Connection to water or sewerage mains

(1) It is a condition of an approval for an activity that involves the connection of water service pipes or property service pipes to a water main or the connection of drains to a sewer main that the connection must—

(a) comply with any operating requirements notified by the council, and

(b) be carried out—

(i) by a person authorised by the council, or

(ii) by or under the control of a council officer.

(2) The council may, as a condition of approving the connection to a water or sewer main, require that the connection must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.

Cutting into sewer main

19 Cutting into sewer main

(1) It is a condition of an approval for an activity that involves the cutting of a junction into a sewer main that the cutting of the junction must—

(a) comply with any operating requirements notified by the council, and

(b) be carried out by a qualified supervisor acting under the supervision and in accordance with the directions of the council.

(2) The council may, as a condition of an approval for a junction to be cut into a sewer main, direct that the work must not be started unless at least 2 days’ notice of intention to start the work has been given to the council.

(3) The council may, as a condition of an approval for a junction to be cut into a sewer main, require the work to be carried out by the council for a specified charge if the council has decided that the work should be carried out by the council.

Person carrying out water supply, sewerage or stormwater drainage work to hold permit

20 Person carrying out water supply, sewerage or stormwater drainage work to hold permit

(1) It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a person must not begin carrying out the activity approved unless the person is the holder of a permit issued in accordance with the Plumbing Code of Australia.

(2) This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Inspection and certification of water supply, sewerage and stormwater drainage work

21 Inspection and certification of water supply, sewerage and stormwater drainage work

An approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act is subject to the following conditions—

(a) a person must not put into use a soil, waste or house drain pipe, or cover up or conceal from view an underground or enclosed water supply, sewerage or stormwater drainage work or put into use such a work, until the work has been inspected and certified—

(i) by the council or a suitably qualified person determined by the council, or

(ii) if the work is of a type for which the approval of the Minister for Water, Property and Housing is required under section 60 of the Act—in accordance with subparagraph (i) or, if that Minister has specifically authorised inspection and certification by another suitably qualified person, by that person,

as having been constructed in accordance with the Act and this Regulation,

(b) any such inspection and certification must be carried out in accordance with the Plumbing Code of Australia and the requirements of the council,

(c) a person undertaking the construction of a water supply, sewerage or stormwater drainage work must provide every reasonable facility and all necessary information to enable inspection of the work for the purposes of paragraph (a),

(d) in particular, such a person must, if required to do so by a person carrying out an inspection for the purposes of paragraph (a), produce the plan (if any) of the work for that person to look at,

(e) a person carrying out water supply, sewerage or stormwater drainage work must immediately rectify to the satisfaction of the council any defect revealed by an inspection under paragraph (a).

Defective water supply, sewerage or stormwater drainage work to be rectified

22 Defective water supply, sewerage or stormwater drainage work to be rectified

(1) It is a condition of an approval referred to in item 1, 4, 5 or 6 of Part B of the Table to section 68 of the Act that a licensed contractor who carries out the activity approved must, if ordered to do so by the council, rectify any defect in the work that is due to faulty workmanship or defective material, but only if the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979.

(2) A licensed contractor so notified must bear the cost of rectifying the defect.

(3) This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Diagrams of sewerage or stormwater drainage work

23 Diagrams of sewerage or stormwater drainage work

(1) It is a condition of an approval referred to in item 4 or 5 of Part B of the Table to section 68 of the Act that, if the activity approved is carried out on private premises, the person who carries out the activity must provide to the council a diagram of any drains installed in accordance with the approval.

(2) Such a diagram must show—

(a) the level of the drains in relation to the sewer main junction and the finished ground level, and

(b) the distances from the drains to the nearest boundaries of, and buildings on, the premises.

(3) This section does not apply in respect of any activity that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

pt.2-div.3-sdiv.3

Exemption

pt.2-div.3-sdiv.3 Exemption

Subdivision 3 Exemption

Approval not required for the drawing of water by council employees

24 Approval not required for the drawing of water by council employees

An employee of a council acting in the course of his or her employment may draw water from a water supply system or standpipe without the prior approval of the council.

Division 4

Approvals relating to management of waste

Division 4 Approvals relating to management of waste

pt.2-div.4-sdiv.1

Applications for approvals

pt.2-div.4-sdiv.1 Applications for approvals

Subdivision 1 Applications for approvals

Matters to accompany applications relating to discharge into sewers

25 Matters to accompany applications relating to discharge into sewers

An application for approval to discharge trade waste into a sewer under the control of a council or that connects with such a sewer must be accompanied by the information required by Table 1 to the Liquid Trade Waste Management Guidelines.

Matters to accompany applications for approval to install or construct sewage management facilities

26 Matters to accompany applications for approval to install or construct sewage management facilities

(1) An application for approval to install or construct a sewage management facility on any premises must be accompanied by the documents specified in this section.

(2) Plan The application must be accompanied by a plan, to scale, showing the location of—

(a) the sewage management facility proposed to be installed or constructed on the premises, and

(b) any related effluent application areas, and

(c) any buildings or facilities existing on, and any environmentally sensitive areas of, any land located within 100 metres of the sewage management facility or related effluent application areas, and

(d) any related drainage lines or pipework (whether natural or constructed).

(3) Specifications The application must be accompanied by full specifications of the sewage management facility proposed to be installed or constructed on the premises concerned.

(4) Site assessment The application must be accompanied by details of the climate, geology, hydrogeology, topography, soil composition and vegetation of any related effluent application areas together with an assessment of the site in the light of those details.

(5) Statement The application must be accompanied by a statement of—

(a) the number of persons residing, or probable number of persons to reside, on the premises, and

(b) such other factors as are relevant to the capacity of the proposed sewage management facility.

(6) Operation and maintenance The application must be accompanied by details of—

(a) the operation and maintenance requirements for the proposed sewage management facility, and

(b) the proposed operation, maintenance and servicing arrangements intended to meet those requirements, and

(c) the action to be taken in the event of a breakdown in, or other interference with, its operation.

(7) This section does not apply to an application for approval to install or construct a sewage management facility on any premises if the applicant declares in the application that the facility will remain on the premises for no more than 12 months.

Note.

The information that is to accompany such applications (and applications for approval to alter a sewage management facility) is to be determined by the council in each particular case. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such applications fall) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.

pt.2-div.4-sdiv.2

Determination of applications for approvals

pt.2-div.4-sdiv.2 Determination of applications for approvals

Subdivision 2 Determination of applications for approvals

Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road

27 Matters to be taken into consideration by council in determining applications for approval to place a building waste storage container on a road

In determining an application for approval to place on a road a building waste storage container, the council is to take into consideration any requirements or guidelines relating to the location, size and visibility of building waste storage containers that are notified to the council from time to time by Transport for NSW.

Approval to discharge waste into sewers: concurrence required

28 Approval to discharge waste into sewers: concurrence required

A council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Secretary (or the Secretary’s nominee) has concurred with the approval.

Note.

Section 90(2) of the Act permits any person or authority whose concurrence is required before an approval may be granted to give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).

Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities

29 Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities

(1) In determining an application for approval to install, construct or alter a sewage management facility, the council must take into consideration the matters specified in this section.

(2) Environment and health protection matters The council must consider whether the proposed sewage management facility (or the proposed sewage management facility as altered) and any related effluent application area will make appropriate provision for the following—

(a) preventing the spread of disease by micro-organisms,

(b) preventing the spread of foul odours,

(c) preventing contamination of water,

(d) preventing degradation of soil and vegetation,

(e) discouraging insects and vermin,

(f) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g) the re-use of resources (including nutrients, organic matter and water),

(h) the minimisation of any adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.

(3) Guidelines and directions The council must consider any matter specified in guidelines or directions issued by the Secretary in relation to the matters referred to in subsection (2).

Standards to be met for approval

30 Standards to be met for approval

The council must not grant an application for an approval to install, construct or alter a waste treatment device or sewage management facility unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

pt.2-div.4-sdiv.3

Conditions of approvals

pt.2-div.4-sdiv.3 Conditions of approvals

Subdivision 3 Conditions of approvals

Compliance with standards

31 Compliance with standards

(1) It is a condition of an approval referred to in item 4 of Part C of the Table to section 68 of the Act (Dispose of waste into a sewer of the council) that—

(a) the activity approved, and

(b) any building or work associated or carried out in connection with the activity,

complies with any applicable standards established by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

(2) It is a condition of an approval referred to in item 5 of Part C of the Table to section 68 of the Act (Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility) that—

(a) the activity approved, and

(b) any building or work associated or carried out in connection with the activity,

complies with any applicable standards established by this Regulation or by or under the Act.

Disposal of trade waste

32 Disposal of trade waste

(1) An approval to dispose of trade waste into a sewer of the council is subject to such conditions (if any) as the council specifies in the approval.

(2) In imposing any such conditions, the council is to have regard to the matter set out in Table 5 to the Liquid Trade Waste Management Guidelines.

Waste treatment devices

33 Waste treatment devices

(1) It is a condition of an approval to install, construct or alter a mechanical device that treats waste by compaction, shredding or other means that this section is complied with.

(2) An occupier of premises on which waste is deposited must comply with any directions given by the council from time to time as to the use of the device.

(3) The waste treatment device and any part of the premises on which it is situated that is used in connection with the device must be maintained in a sanitary condition.

Use of sewage management facilities

34 Use of sewage management facilities

It is a condition of an approval to install, construct or alter a sewage management facility that the facility is not used (or used as altered) until the council has given the applicant for approval notice in writing that it is satisfied that the facility has been installed, constructed or altered in substantial accordance with the approval.

Position of closets

35 Position of closets

The council may, as a condition of an approval to install, construct or alter a human waste storage facility, require the alteration of its design and proposed position, having regard to its effect on the amenity of the locality.

pt.2-div.4-sdiv.4

Performance standards

pt.2-div.4-sdiv.4 Performance standards

Subdivision 4 Performance standards

Sewage management facilities generally

36 Sewage management facilities generally

A sewage management facility—

(a) must be made of durable and non-corrosive components, each having an expected service life of at least—

(i) 5 years, in the case of a mechanical or electrical component, and

(ii) 15 years, in any other case, and

(b) must be installed or constructed—

(i) in accordance with the appropriate specifications and in accordance with good trade practice, and

(ii) so as to allow ease of access for maintenance, and

(iii) with regard to the health and safety of users, operators and persons maintaining the facility, and

(c) must be installed or constructed so as to make appropriate provision for access to and removal of contents in a safe and sanitary manner, and

(d) must, if it is intended to be a permanent fixture, be anchored to prevent movement.

Closets for certain toilet systems

37 Closets for certain toilet systems

(1) A human waste storage facility must not be installed in any part of a building unless that part of the building complies with the following requirements—

(a) it is adequately ventilated to the outside air,

(b) the walls and roof are of weatherproof material,

(c) the floor is of material that is impervious to water and is drained.

(2) The part of the building in which a human waste storage facility (other than a water closet) is permanently installed must be designed and located so as to allow human waste to be removed without being carried through any dwelling-house or public building or any building in which any person may be, or may be intended to be, employed in any manufacture, trade or business.

Cesspits

38 Cesspits

(1) A cesspit—

(a) must be deep, dark and fly-proof, and

(b) must be constructed and maintained so as to prevent both the access of surface waters to it and the escape of matter from it, and

(c) must not be located where it can possibly pollute any water used or likely to be used for human consumption or for any domestic or dairy purposes, and

(d) must not be located where the normal level of the ground water is less than one metre below the bottom of the cesspit.

(2) If a cesspit is emptied, its contents must be disposed of in a sanitary manner and in accordance with any requirements of the council.

Mechanical waste treatment devices

39 Mechanical waste treatment devices

(1) A bag used for the retention of waste in a mechanical device that treats waste by compaction, shredding or other means must be of a kind approved by the council.

(2) Treated waste kept on premises after treatment other than wholly within the device is to be deposited in a receptacle of a kind approved by the council.

pt.2-div.4-sdiv.5

Accreditation of sewage management facilities

pt.2-div.4-sdiv.5 Accreditation of sewage management facilities

Subdivision 5 Accreditation of sewage management facilities

Application of Subdivision

40 Application of Subdivision

(1) This Subdivision applies to such models of the following sewage management facilities as are generally available for purchase by retail—

(a) wet composting closets,

(b) waterless composting closets,

(c) septic closets,

(d) septic tanks,

(e) holding tanks and collection wells used for the receipt and storage of effluent (other than those intended to be emptied after each use, such as chamber pots),

(f) waste treatment devices designed to comminute or macerate and discharge sewage to a sewerage system,

(g) waste treatment devices that receive and treat sewage before discharging effluent to a common effluent drainage scheme,

(h) waste treatment devices that treat sewage using a specific process to produce biosolids and disinfected effluent to a standard suitable, either separately or in combination, for recycling by surface or sub-surface irrigation or by internal or external household use,

(i) any other kind of sewage management facility specified in a notice published in the Gazette by the Secretary for the purposes of this section.

(2) However, this Subdivision does not apply—

(a) to a sewage management facility intended to treat—

(i) sewage of a non-domestic nature, or

(ii) sewage from premises normally occupied by more than 10 persons, or

(iii) an average daily flow of sewage exceeding 2,000 litres, or

(b) to the part of a sewage management facility that consists of a drain connected to the facility, or

(c) to any other component of a sewage management facility that is specified in a notice published in the Gazette by the Secretary of the Ministry of Health for the purposes of this section.

Facilities to be accredited

41 Facilities to be accredited

(1) The council must not approve the installation or construction of a sewage management facility to which this Subdivision applies unless the council is satisfied that the facility is to be installed or constructed to a design or plan that is the subject of a certificate of accreditation from the Secretary of the Ministry of Health, being a certificate that is in force.

(2) Subsection (1) does not apply to or in respect of a sewage management facility—

(a) that is to be installed or constructed as a model for the purposes of testing, or

(b) that is designed, and is to be constructed, by the owner or occupier of the premises on which it is to be installed, or

(c) that is designed, by a person other than the owner or occupier of the premises on which it is to be installed, specifically and uniquely for those premises.

pt.2-div.4-sdiv.6

Approval required to operate system of sewage management

pt.2-div.4-sdiv.6 Approval required to operate system of sewage management

Subdivision 6 Approval required to operate system of sewage management

Note.

This Regulation does not prescribe the matters that are to accompany an application for approval to operate a system of sewage management. Section 81 of the Act provides that an application for an approval under Part 1 of Chapter 7 of that Act (in which category such an application falls) must be accompanied by “such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application”.

Meaning of “operate a system of sewage management”

42 Meaning of “operate a system of sewage management”

(1) In this Subdivision, operate a system of sewage management means hold or process, or re-use or otherwise dispose of, sewage or by-products of sewage (whether or not the sewage is generated on the premises on which the system of sewage management is operated).

(2) Without limiting subsection (1), operate a system of sewage management includes the following—

(a) use artificial wetlands, transpiration mounds, trenches, vegetation and the like in related effluent application areas,

(b) hold or process sewage that is to be subsequently discharged into a public sewer.

(3) However, operate a system of sewage management does not include any of the following—

(a) any action relating to the discharge of sewage directly into a public sewer,

(b) any action relating to sewage or by-products of sewage after their discharge into a public sewer.

Matters to be taken into consideration in determining applications for approval to operate system of sewage management

43 Matters to be taken into consideration in determining applications for approval to operate system of sewage management

In determining an application for approval to operate a system of sewage management, the council must consider any matter specified in guidelines or directions issued by the Secretary in relation to the environment and health protection matters referred to in section 29(2).

pt.2-div.4-sdiv.7

Operation of system of sewage management

pt.2-div.4-sdiv.7 Operation of system of sewage management

Subdivision 7 Operation of system of sewage management

Performance standards for operation of system of sewage management

44 Performance standards for operation of system of sewage management

(1) A system of sewage management must be operated in a manner that achieves the following performance standards—

(a) the prevention of the spread of disease by micro-organisms,

(b) the prevention of the spread of foul odours,

(c) the prevention of contamination of water,

(d) the prevention of degradation of soil and vegetation,

(e) the discouragement of insects and vermin,

(f) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g) the minimisation of any adverse impacts on the amenity of the premises and surrounding lands,

(h) if appropriate, provision for the re-use of resources (including nutrients, organic matter and water).

(2) Failure to comply with subsection (1) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person operating the system of sewage management (such as a fire, flood, storm, earthquake, explosion, accident, epidemic or warlike action).

(3) A system of sewage management must be operated—

(a) in accordance with the relevant operating specifications and procedures (if any) for the sewage management facilities used for the purpose, and

(b) so as to allow the removal of any treated sewage (and any by-product of any sewage) in a safe and sanitary manner.

Further condition of approval in relation to operation of system of sewage management

45 Further condition of approval in relation to operation of system of sewage management

(1) It is a condition of an approval to operate a system of sewage management that this section is complied with.

(2) The sewage management facilities used in the operation of the system must be maintained in a sanitary condition and must be operated in accordance with the relevant requirements of this Regulation.

(3) A sewage management facility used in the operation of the system must not discharge into any watercourse or onto any land other than its related effluent application area.

(4) The conditions (if any) of any certificate of accreditation issued by the Secretary of the Ministry of Health under this Subdivision in respect of the plans or designs for any components of the sewage management facilities must be complied with.

(5) The person operating the system of sewage management must provide details of the way in which it is operated, and evidence of compliance with the relevant requirements of this Regulation and of the conditions of the approval, whenever the council reasonably requires the person to do so.

Approval to operate system of sewage management extends to concurrent owners and occupiers

46 Approval to operate system of sewage management extends to concurrent owners and occupiers

If an owner or occupier of land is the holder of an approval to operate a system of sewage management on the land (being an approval that is in force), any other owner or occupier of that land may operate the system of sewage management (without obtaining a further approval) in accordance with the conditions of the approval.

Temporary exemption for purchaser of land

47 Temporary exemption for purchaser of land

(1) Despite the other provisions of this Regulation, a person who purchases (or otherwise acquires) land on which any sewage management facilities are installed or constructed may operate a system of sewage management without the approval required under section 68 of the Act for the period of 3 months after the date on which the land is transferred or otherwise conveyed to the person (whether or not an approval is in force, as at that date, in relation to the operation of a system of sewage management on that land).

(2) Further, if the person duly applies, within the period of 2 months after the date on which the land is transferred or otherwise conveyed to the person, for approval to operate the system of sewage management concerned, the person may continue to operate that system of sewage management without approval until the application is finally determined.

pt.2-div.4-sdiv.8

Exemptions

pt.2-div.4-sdiv.8 Exemptions

Subdivision 8 Exemptions

Activities for which approval is not required

48 Activities for which approval is not required

The following activities may be carried out without the prior approval of the council subject to such conditions as are specified—

(a) Transport waste

The transporting of waste over or under a public place for fee or reward if—

(i) the activity is licensed under the Protection of the Environment Operations Act 1997, or

(ii) the activity is being carried out in the Sydney metropolitan area as defined in Part 3 (Interpretative provisions) of Schedule 1 to that Act, or

(iii) the waste is being transported through the area of the council and is not being collected or deposited in that area.

Note.

A person who transports waste for fee or reward in circumstances that do not require a pollution control licence issued by the Environment Protection Authority must comply with the relevant requirements of the regulations made under the Protection of the Environment Operations Act 1997.

(b) Place waste in a public place

The placing of waste in a public place, if it is done in accordance with arrangements instituted by the council.

(c) Discharge of domestic sewage into sewer

The discharge of sewage of a domestic nature into a sewer of the council, if it is done in accordance with arrangements instituted by the council.

(d) Dispose of effluent into sewer

The disposal of septic tank effluent into a sewer of the council, if the premises are within a Common Effluent Drainage District declared by the council.

(e) Install, construct or alter a waste treatment device

The installation, construction or alteration of a waste treatment device, if that installation, construction or alteration is done—

(i) under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or

(ii) in a vessel used for navigation, or

(iii) in a motor vehicle that is registered within the meaning of the Road Transport Act 2013 and is used primarily for road transport.

(f) Operate a system of sewage management

So much of the operation of a system of sewage management as is limited to an action carried out—

(i) under the authority of a licence in force under the Protection of the Environment Operations Act 1997, or

(ii) in a vessel used for navigation, or

(iii) in a motor vehicle that is registered within the meaning of the Road Transport Act 2013 and is used primarily for road transport.

(g) Activities authorised by approval or licence under Water Industry Competition Act 2006

An activity referred to in the Act, section 68, Table, Part B or C if it is carried out under the authority of an approval or licence in force under the Water Industry Competition Act 2006.

s 48: Am 2024 (46), Sch 1[1].

Division 5

Approvals relating to activities on community land and public roads and other activities

Division 5 Approvals relating to activities on community land and public roads and other activities

pt.2-div.5-sdiv.1

Community land

pt.2-div.5-sdiv.1 Community land

Subdivision 1 Community land

Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances

49 Approval for the use of loudspeaker or amplifying device on community land not required in certain circumstances

A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the council if it is done in accordance with a notice erected on the land by the council or if it is done in the circumstances specified, in relation to the setting up, operation or use (as the case may be), in Part 1 of the local approvals policy applying to the land.

pt.2-div.5-sdiv.2

Public roads

pt.2-div.5-sdiv.2 Public roads

Subdivision 2 Public roads

Matters for consideration by council in determining whether to approve applications relating to public roads

50 Matters for consideration by council in determining whether to approve applications relating to public roads

In determining an application for an approval under Part E of the Table to section 68 of the Act the council must take into account—

(a) the provisions of the Roads Act 1993, and

(b) any relevant standards and policies of public authorities applying to the use of the road.

Compliance with standards—approvals relating to public roads

51 Compliance with standards—approvals relating to public roads

It is a condition of an approval referred to in Part E of the Table to section 68 of the Act that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

pt.2-div.5-sdiv.3

Public car parks

pt.2-div.5-sdiv.3 Public car parks

Subdivision 3 Public car parks

Matters to accompany applications relating to the operation of a public car park

52 Matters to accompany applications relating to the operation of a public car park

An application to operate a public car park must be accompanied by the following—

(a) 3 copies of a plan that sufficiently identifies the land concerned and the streets to which the land has frontage and, if the car park comprises the whole or part of a building, describes the building, its location on the site and any other purpose for which it is to be used,

(b) details of the number of vehicles proposed to be accommodated in the car park and the manner in which this is to be done,

(c) details of the means or proposed means of entry to or exit from the car park and as to the method of movement within the car park,

(d) details of the off-street parking facilities available for the temporary accommodation of vehicles awaiting access to the car park,

(e) details of ventilation to be provided if it is a building,

(f) details of any petrol or oil or any motor service facilities to be provided in the car park,

(g) details of the proposed hours of operation of the car park and as to the method or proposed method of receiving the fee or charge and the location or proposed location of any facility for receiving the fee or charge.

Matters to be taken into consideration by council in determining whether to approve the operation of a public car park

53 Matters to be taken into consideration by council in determining whether to approve the operation of a public car park

In determining an application for approval to operate a public car park the council is to take the following matters into consideration—

(a) the views of Transport for NSW about the application,

(b) the effect of the car park on the movement of vehicular traffic and pedestrian traffic,

(c) whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,

(d) whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,

(e) whether there will be adequate provision for pedestrian safety and access for people with disabilities,

(f) whether the internal design of parking facilities and system of traffic management are satisfactory,

(g) whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,

(h) the Work Health and Safety Act 2011, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,

(i) whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.

Standards to be met for approval

54 Standards to be met for approval

The council must not grant an application for an approval to operate a public car park unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

Compliance with standards

55 Compliance with standards

It is a condition of an approval to operate a public car park that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by any regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

Number of vehicles

56 Number of vehicles

The council may, as a condition of an approval to operate a public car park, specify the maximum number of vehicles that may be parked at any one time.

Entries, exits and driveways

57 Entries, exits and driveways

(1) Vehicles must not enter and leave a public car park through the one driveway. Vehicles must not enter or leave a public car park except through the entrance or exit openings provided.

(2) Entrances, exits and driveways are to be provided and arranged, maintained and operated so as to facilitate the orderly entrance and exit of vehicles.

(3) Exits must not be blocked by gates and other obstacles while the car park is open to the public.

Surfaces

58 Surfaces

All traffic ramps, parking spaces, entrances, exits, driveways and holding areas are to be surfaced with material approved by the council.

Fencing

59 Fencing

Land used as a public car park must be fenced to a height determined by the council and with materials approved by the council.

Lighting

60 Lighting

A public car park is, while open to the public, to be lit to the satisfaction of the council.

Vehicles

61 Vehicles

A vehicle is not to be permitted to park in a public car park unless any petrol tank on the vehicle is fitted with a turn cap or seal that is kept closed except when opened for the purpose of refuelling.

Fire extinguishers

62 Fire extinguishers

A public car park must be provided with a sufficient number of fire extinguishers. The fire extinguishers must be emptied and recharged every 6 months.

Speed limit

63 Speed limit

Notices must be displayed in a public car park directing that vehicles are to be driven at a speed not greater than 8 kilometres per hour.

Obstruction of roads

64 Obstruction of roads

A public road must not be used for the purpose of holding or marshalling vehicles in connection with a public car park.

Concurrence required for operation of public car park

65 Concurrence required for operation of public car park

The council must not grant an application for approval to operate a public car park except with the concurrence of Transport for NSW, given having regard to its functions under the road transport legislation (within the meaning of the Road Transport Act 2013) and the Roads Act 1993. Transport for NSW may give concurrence subject to conditions.

Approval for operation of public car park not required in certain circumstances

66 Approval for operation of public car park not required in certain circumstances

(1) A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.

(2) In this section, development consent has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

pt.2-div.5-sdiv.4

Domestic oil or solid fuel heating appliances

pt.2-div.5-sdiv.4 Domestic oil or solid fuel heating appliances

Subdivision 4 Domestic oil or solid fuel heating appliances

Standards to be met for approval

67 Standards to be met for approval

The council must not grant an application for an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) unless it is satisfied that the activity as proposed to be carried out will comply with any applicable standards established by this Regulation or by or under the Act.

Compliance with standards

68 Compliance with standards

It is a condition of an approval to install a domestic oil or solid fuel heating appliance (other than a portable appliance) that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with any applicable standards established by this Regulation or by or under the Act.

Adoption of Building Code of Australia

69 Adoption of Building Code of Australia

(1) All matters relating to the installation of a domestic oil or solid fuel heating appliance (other than a portable appliance) are to be governed by the applicable provisions of the Building Code of Australia.

(2) In this section—

Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

(3) For the purposes of this section—

(a) a reference in the Building Code of Australia to the appropriate authority is a reference to the relevant authority exercising approval powers under the Act, and

(b) the reference in the Building Code of Australia in the definition of Certificate of Accreditation to a State or Territory accreditation authority is a reference to the Secretary when exercising his or her functions under Division 5 of Part 1 of Chapter 7 (sections 120–123B) of the Act.

Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances

70 Approval for installation of domestic oil or solid fuel heating appliance not required in certain circumstances

A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved under Part 6 of the Environmental Planning and Assessment Act 1979.

pt.2-div.5-sdiv.5

Amusement devices

pt.2-div.5-sdiv.5 Amusement devices

Subdivision 5 Amusement devices

Activities for which approval is not required

71 Activities for which approval is not required

Amusement devices not required to be registered under the Work Health and Safety Regulation 2017 may be installed or operated without the prior approval of the council.

Note.

See the Work Health and Safety Regulation 2017, Schedule 5, Part 2 for items of plant that are required to be registered.

Standards to be met for approval

72 Standards to be met for approval

The council must not grant an application for an approval to install or operate an amusement device unless it is satisfied—

(a) that the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and

(b) that the device is registered under the Work Health and Safety Regulation 2017, and

(c) that the device is to be or has been erected in accordance with all conditions (if any) relating to its erection set out in the current certificate of registration issued for the device under that Regulation, and

(d) that there exists for the device a current log book as referred to in that Regulation, Chapter 5, Part 5.2, Division 4, Subdivision 2, and

(e) that there is in force a contract of insurance or indemnity for the device that complies with section 74.

Compliance with standards

73 Compliance with standards

It is a condition of an approval to install or operate an amusement device, that the activity approved, and any building or work associated with or carried out in connection with the activity, complies with the following standards—

(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason,

(b) the device is registered under the Work Health and Safety Regulation 2017,

(c) all conditions (if any) subject to which the device is so registered and all relevant requirements of that Regulation are complied with,

(d) the device is installed (including erected) and operated in a safe manner.

Insurance

74 Insurance

It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.

Approval for installation or operation of small amusement devices not required in certain circumstances

75 Approval for installation or operation of small amusement devices not required in certain circumstances

(1) In this section, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under and includes such amusement devices as mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute.

(2) A small amusement device may be installed or operated without the prior approval of the council if—

(a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and

(b) the device is registered under the Work Health and Safety Regulation 2017, and

(c) the device—

(i) is to be or has been erected, and

(ii) it to be or is being operated,

in accordance with all conditions (if any) relating to its erection or operation set out in the current certificate of registration issued for the device under that Regulation, and

(d) there exists for the device a current log book as referred to in that Regulation, Chapter 5, Part 5.2, Division 4, Subdivision 2, and

(e) in the case of a device that is to be or is installed in a building, fire egress is not obstructed, and

(f) there is in force a contract of insurance or indemnity for the device that complies with section 74.

pt.2-div.5-sdiv.6

Domestic greywater diversion

pt.2-div.5-sdiv.6 Domestic greywater diversion

Subdivision 6 Domestic greywater diversion

75A

Approval required for domestic greywater diversion

75A Approval required for domestic greywater diversion

(1) For the purposes of item 10 of Part F of the Table to section 68 of the Act, domestic greywater diversion is prescribed as an activity that requires the prior approval of the council.

(2) However, domestic greywater diversion may be carried out without the prior approval of the council if—

(a) it is carried out in accordance with the Plumbing Code of Australia, and

(b) a sewage management facility is not installed on the premises concerned, and

(c) the following performance standards are achieved—

(i) the prevention of the spread of disease by micro-organisms,

(ii) the prevention of the spread of foul odours,

(iii) the prevention of contamination of water,

(iv) the prevention of degradation of soil and vegetation,

(v) the discouragement of insects and vermin,

(vi) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(vii) the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.

(3) Failure to comply with subsection (2)(c) is not a breach of that performance standard if the failure was due to circumstances beyond the control of the person carrying out the domestic greywater diversion.

(4) In this section—

domestic greywater diversion means the installation and operation of a system for diverting greywater generated on residential premises to a garden or lawn on those premises, but does not include the manual collection and re-use of greywater (for example, by means of a bucket or similar receptacle).

greywater means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.

residential premises does not include premises comprising more than one dwelling.

Division 6

Miscellaneous

Division 6 Miscellaneous

Form of application for accreditation of components, processes, designs or temporary structures

76 Form of application for accreditation of components, processes, designs or temporary structures

For the purposes of Division 5 of Part 1 of Chapter 7 of the Act, an application for the accreditation of a component, process, design or temporary structure must—

(a) be in writing, and

(b) include a description of the component, process, design or temporary structure to which it relates, and

(c) be accompanied by a copy of a certificate of accreditation issued by the Building Regulations Advisory Committee (within the meaning of the Building Act 1993 of Victoria), if it is so accredited, or if it is not, documentary evidence of any test procedures, results, performances or appraisals relevant to the proposed accreditation that have been obtained from a recognised appraisal body.

Public notice of draft local approvals policies

77 Public notice of draft local approvals policies

The public notice required to be given by the council under section 160(1) of the Act must—

(a) be published—

(i) on the website of the council, and

(ii) in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council, and

(b) be published on the website at least 7 days before the commencement of the public exhibition of the draft local policy and remain there at least until the conclusion of the period during which submissions may be made to the council in relation to the policy.

Public notice of approval

78 Public notice of approval

(1) For the purposes of section 675 of the Act, the prescribed manner of giving public notice of the granting of an approval is to publish the notice—

(a) on the website of the council, and

(b) in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council.

(2) For the purposes of section 675 of the Act, the prescribed form of public notice of the granting of an approval is a form that includes—

(a) a precise indication of the location of any place in relation to which the approval is granted (for example, the address of the place and any other description to help a reader identify the place) and a brief description of the subject-matter of the approval, and

(b) a statement setting out where a record of the approval is available for inspection.

Matters to be submitted to council

79 Matters to be submitted to council

If this Regulation requires evidence or a document to be submitted to council, any copy of the evidence or document is to be a complete and unabridged copy of the original.

Application may be made for approval for exempted activity

80 Application may be made for approval for exempted activity

A person may apply for approval under the Act for the carrying out of an activity, and the application may be determined, even though the person is exempted from the necessity to obtain approval by a local approvals policy.

Local approvals policies—standards

81 Local approvals policies—standards

(1) If a person is exempt (because of a local approvals policy) from the requirement to obtain approval for an activity, the exemption is subject to the condition that the activity comply with the standards referred to in sections 31, 44, 51, 55, 68 and 73.

(2) However, the activity must so comply only to the extent that the provisions (and the standards to which they refer) would apply to the activity if the activity had not been the subject of an exemption under the local approvals policy.

(3) However, if the local approvals policy specifies, as the circumstances (or as part of the circumstances) for the exemption, that the activity is carried out in such part of an area, or such an area, as is specified in the policy, subsections (1) and (2) do not apply to the activity.

(4) Subsection (3) does not prevent a local approvals policy from specifying compliance with one or more of the standards referred to in subsection (1) as part of the circumstances for an exemption under section 158(3) of the Act.

Division 7

Mutual recognition of approvals scheme—the Act, Sch 6, item 8AA

Division 7 Mutual recognition of approvals scheme—the Act, Sch 6, item 8AA

pt 2, div 7: Ins 2025 (475), Sch 1[2].

81A

Definitions

81A Definitions

In this division—

approval means an approval granted under the Act, Chapter 7, Part 1.

recognised approval, in relation to a recognition certificate, means the approval recognised by the recognition certificate.

recognition certificate means a recognition certificate granted under section 81D.

relevant activity means an activity specified in the Act, section 68, table, Part D or Part F, item 7.

s 81A: Ins 2025 (475), Sch 1[2].

81B

Mutual recognition of approvals scheme

81B Mutual recognition of approvals scheme

(1) The provisions of this division comprise a scheme for the mutual recognition by councils of approvals.

(2) For the purposes of the scheme—

(a) a person who holds a recognition certificate is taken to have the prior approval of the council that granted the recognition certificate to carry out the activity referred to in the recognition certificate, and

(b) a person who carries out an activity in accordance with a recognition certificate is taken to carry out the activity in accordance with the approval of the council that granted the recognition certificate.

(3) For the purposes of the scheme, in the Act and this regulation—

(a) a reference to an approval extends to a recognition certificate, and

(b) a reference to an application for an approval extends to an application for a recognition certificate.

(4) However, subsection (3) does not apply to a reference in—

(a) the Act, sections 69, 75, 76, 78, 79, 92–96, 99, 102–103, 106–107A or 114–123B, or

(b) this division.

(5) A reference in the Act, section 101(1) to the date from which the approval operates specified in the notice under section 99 is taken to be the date specified in the recognition certificate under section 81D(4)(c) for a recognition certificate.

s 81B: Ins 2025 (475), Sch 1[2].

81C

Applications for recognition certificates

81C Applications for recognition certificates

(1) A person who holds an approval granted by a council for a relevant activity may apply to another council for a recognition certificate for the approval.

(2) An application must be made in the approved form.

(3) An application must include the following—

(a) a copy of one of the following—

(i) a notice given to the person under the Act, section 99 granting the approval,

(ii) a notice given to the person under the Act, section 100 granting the approval on review,

(iii) a decision of the Land and Environment Court on an appeal made under the Act, section 176 that has the effect of granting the approval,

(b) if the approval is a “deferred commencement” approval referred to in the Act, section 95—a copy of the notice given under the Act, section 99(3)(b) of the date from which the approval operates,

(c) if the approval has been amended, renewed, extended or modified under the Act, sections 106–108—a copy of the notice of the amendment, renewal, extension or modification,

(d) if the approval has been varied by a decision of the Land and Environment Court—a copy of the decision,

(e) a description of any conditions of the approval, other than a condition—

(i) specified in the document given under paragraph (a), or

(ii) set out in a local policy adopted under the Act, Chapter 7, Part 3,

(f) the date the approval lapses.

s 81C: Ins 2025 (475), Sch 1[2].

81D

Determination of applications for recognition certificates

81D Determination of applications for recognition certificates

(1) A council, on application, may—

(a) grant a recognition certificate, with or without conditions, or

(b) refuse to grant the application.

(2) A council may grant a recognition certificate subject to a condition that the person who holds the recognition certificate must comply with council policies that apply to the relevant activity.

(3) Subsection (1) does not affect the Act, section 72.

(4) A recognition certificate must include the following—

(a) a description of the approval subject to the application,

(b) the name of the council,

(c) the date from which the recognition certificate operates,

(d) the date the recognition certificate lapses,

(e) if the recognition certificate is granted with conditions—

(i) a description of the conditions, and

(ii) the reasons for imposing each condition, and

(iii) information about the applicant’s review and appeal rights.

(5) If the council refuses to grant the application, the council must give written notice to the applicant specifying the following—

(a) a description of the approval subject to the application,

(b) the name of the council,

(c) the reasons for the refusal,

(d) information about the applicant’s review and appeal rights.

s 81D: Ins 2025 (475), Sch 1[2].

81E

Cessation of recognition certificates

81E Cessation of recognition certificates

(1) A recognition certificate ceases to have effect on the earlier of the following—

(a) the date the recognition certificate lapses, as specified in the recognition certificate,

(b) the date the recognised approval lapses or is revoked,

(c) if the recognised approval is extended under the Act, section 107—the date the recognised approval would have otherwise lapsed,

(d) the date the council that granted the recognition certificate revokes the recognition certificate under section 81G or the Act, section 108.

(2) If a recognition certificate ceases to have effect under subsection (1)(b) on the revocation of the recognised approval and, on appeal under the Act, section 178, the instrument of revocation is cancelled—

(a) the person who holds the recognition certificate must, within 7 business days, give a copy of the decision of the Land and Environment Court to the council that granted the recognition certificate, and

(b) the recognition certificate comes into operation again from the date the recognised approval comes into operation again.

s 81E: Ins 2025 (475), Sch 1[2].

81F

Notification of modification or revocation of recognised approvals

81F Notification of modification or revocation of recognised approvals

(1) A person who holds a recognition certificate granted by a council must notify the council in accordance with this section if the recognised approval is—

(a) amended under the Act, section 106, or

(b) modified under the Act, section 108, or

(c) revoked under the Act, section 108, or

(d) varied or revoked by a decision of the Land and Environment Court.

Maximum penalty—10 penalty units.

(2) The notice must be given in writing and within 24 hours after the amendment, modification, variation or revocation takes effect.

(3) The notice must include a copy of—

(a) the notice of the amendment, modification or revocation of the approval, or

(b) the decision of the Land and Environment Court varying or revoking the approval.

s 81F: Ins 2025 (475), Sch 1[2].

81G

Modification or revocation of recognition certificates

81G Modification or revocation of recognition certificates

(1) A council may modify or revoke a recognition certificate granted by the council if the recognised approval is—

(a) amended or modified under the Act, section 106 or 108, or

(b) varied by a decision of the Land and Environment Court.

(2) The Act, sections 108, 110, 111 and 178 apply to a modification or revocation under this section.

s 81G: Ins 2025 (475), Sch 1[2].

Part 3

Orders

Part 3 Orders

Note.

In this Part, a reference to an Order of a particular number is a reference to the Order of that number set out in the Table to section 124 of the Act.

Relevant standards for camping grounds, caravan parks, manufactured home estates and moveable dwellings

82 Relevant standards for camping grounds, caravan parks, manufactured home estates and moveable dwellings

For the purposes of—

(a) Order No 5 (a) in its operation as to camping grounds, caravan parks and manufactured home estates, and

(b) Order No 5 (b) in its operation as to moveable dwellings,

any applicable standards referred to in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Relevant standards for certain places of shared accommodation

83 Relevant standards for certain places of shared accommodation

(1) This section applies to the following kinds of places of shared accommodation—

(a) places of shared accommodation that are class 3 buildings under the Building Code of Australia (within the meaning of the Environmental Planning and Assessment Act 1979),

(b) places of shared accommodation that are general boarding houses within the meaning of the Boarding Houses Act 2012.

(2) For the purposes of Order No 5 (d) in its operation as to places of shared accommodation to which this section applies, the standards for places of shared accommodation set out in Part 1 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Relevant standards for hairdressers shops

84 Relevant standards for hairdressers shops

For the purposes of Order No 5 (e), the standards for hairdressers shops set out in Part 2 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Relevant standards for beauty salons

85 Relevant standards for beauty salons

For the purposes of Order No 5 (e), the standards for beauty salons set out in Part 3 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Relevant standards for mortuaries

86 Relevant standards for mortuaries

For the purposes of Order No 5 (f), the standards for mortuaries set out in Part 4 of Schedule 2 are relevant standards referred to in Columns 1 and 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Water supply and sewerage system pipes, fittings and fixtures

87 Water supply and sewerage system pipes, fittings and fixtures

(1) Without limiting Order No 5 (h), and except in the case of a defect to which section 88 applies, the following acts are taken to be included in Column 1 of the Table to section 124 of the Act as acts that may be required by that Order—

(a) to remove, replace, alter, extend or repair a pipe, fitting or fixture located on premises connected to the council’s water supply system or sewerage system,

(b) to stop using such a pipe, fitting or fixture pending its removal, replacement, alteration, extension or repair.

(2) This section applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Rectification of defective water supply or sewerage work

88 Rectification of defective water supply or sewerage work

(1) For the purposes of Order No 5 (h) (and without limiting that Order) in the case of an Order to a licensed contractor under Column 3 of the Table to section 124 of the Act in respect of a defect, the circumstances specified in Column 2 are taken to be included in that Column only where the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979.

(2) A licensed contractor so notified must bear the cost of rectifying the defect.

(3) A circumstance in which the defective work is the subject of an order made by the Civil and Administrative Tribunal under the Home Building Act 1989 constitutes a circumstance that is taken to be excluded from the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 5 (h) can be made.

(4) An Order given by a council in respect of any such defective work ceases to have effect if an order referred to in subsection (3) is made in respect of the defective work.

(5) This section applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

Flow of surface water across land

89 Flow of surface water across land

(1) Without limiting Order No 12, the repair of defective or insufficient roofing, guttering, downpiping or drainage is taken to be included in Column 1 of the Table to section 124 of the Act as an act that may be required by that Order.

(2) Without limiting Order No 12, the circumstance in which the surface water is turbid or otherwise polluted and is flowing across the land boundary constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 12 may be made.

Division 2

Orders requiring that premises be used or not used in specified ways

Division 2 Orders requiring that premises be used or not used in specified ways

Septic tank or closet

90 Septic tank or closet

Without limiting Order No 15, a circumstance in which a septic tank or a septic closet is being constructed, or used, on premises after the date specified (in Order No 24 served on the owner or occupier of the premises) as the date by which the premises were required to be connected with a sewerage system constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 15 may be made.

Keeping of birds or animals

91 Keeping of birds or animals

Without limiting Order No 18, failure to comply with relevant standards or requirements set or made by or under the Act constitutes a circumstance that is taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 18 may be made.

Relevant standards for keeping of birds or animals

92 Relevant standards for keeping of birds or animals

For the purposes of Order No 18, the standards for the keeping of birds or animals set out in Part 5 of Schedule 2 are relevant standards referred to in Column 2 of the Table to section 124 of the Act.

Note.

An Order can be made requiring compliance with these standards if they are not being complied with.

Water carting vehicles

93 Water carting vehicles

Without limiting Order No 20, the following circumstances are taken to be included in the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which that Order may be made—

(a) a vessel used on a vehicle to cart water does not have an aperture that is large enough to enable easy inspection of the interior or thorough cleaning of the interior,

(b) the cover of any such aperture is not of a kind that is able to be kept thoroughly clean.

Disposal of certain waste

94 Disposal of certain waste

For the purposes of Order No 22, and without limiting that Order, failure to comply with the standards for the disposal of certain waste set out in Part 6 of Schedule 2 is taken to be a circumstance in which waste is not being dealt with satisfactorily.

Connection of premises to council’s water supply

95 Connection of premises to council’s water supply

Without limiting Order No 23 in the Table to section 124 of the Act, the following acts are taken to be included in Column 1 of that Table as acts that may be required by that Order—

(a) the construction of all necessary pipes, and the installation of all necessary fixtures and fittings,

(b) the construction or installation of a separate service pipe to the premises, or to each of the premises concerned.

Connection of premises to a sewerage system

96 Connection of premises to a sewerage system

(1) Without limiting Order No 24 in the Table to section 124 of the Act, the following acts are taken to be included in Column 1 of that Table as acts that may be required by that Order—

(a) the construction of all necessary pipes, and the installation of all necessary fixtures and fittings,

(b) the construction or installation of a separate service pipe to the premises, or to each of the premises concerned.

(2) The circumstances specified in Column 2 of the Table to section 124 of the Act in relation to Order No 24 of the Table are taken to include the following—

The sewerage system of a public authority or a State owned corporation is available and the premises can be connected to the system by gravity, pumping or other means considered by the council to be suitable. This applies to all areas in which a public authority or a State owned corporation maintains a sewerage system.

Copies of certain orders to be provided to EPA

97 Copies of certain orders to be provided to EPA

(1) If a council gives Order No 11, 12, 18, 21, 22 or 25 in respect of land or premises and the land or the land on which the premises are situated is subject to statutory contaminated land management, the council must provide the EPA with a copy of the Order and of any modification or revocation of it.

(2) Failure to provide the EPA with a copy does not invalidate an Order, modification or revocation.

(3) In this section—

EPA means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991.

statutory contaminated land management means that one or more of the following matters under the Contaminated Land Management Act 1997 apply in relation to the land—

(a) the land is significantly contaminated land within the meaning of that Act and the council has been notified under section 59 of that Act that the land is significantly contaminated land,

(b) a management order is in force under Part 3 of that Act and the council has been notified under section 59 of that Act that the order is in force,

(c) an approved voluntary management proposal applies to the land under section 17 of that Act and the council has been notified under section 59 of that Act that the proposal has been approved,

(d) an ongoing maintenance order has effect under section 28 of that Act and the council has been notified under section 59 of that Act that the order has effect,

(e) a restriction on the use of the land or a public positive covenant has been imposed by the EPA on the land under section 29 of that Act.

Note.

Section 7(2) of the Protection of the Environment Operations Act 1997 provides for that Act to prevail over any other Act or statutory rule to the extent of any inconsistency and for a regulation under that Act to prevail over any other statutory rule to the extent of any inconsistency.

Section 109 of the Contaminated Land Management Act 1997 provides that the exercise of functions under other Acts must not be inconsistent with the functions of the EPA or other public authority under that Act.

Standards for water supply, sewerage or stormwater drainage work

98 Standards for water supply, sewerage or stormwater drainage work

An Order under section 124 of the Act requiring water supply, sewerage or stormwater drainage work to be carried out is not complied with unless the work is carried out in accordance with any applicable standards or requirements set out or referred to in Part 2 of this Regulation or the Order.

Information to be included in Orders

99 Information to be included in Orders

As well as the matters required by sections 136, 137 and 138 of the Act, the following information is to be included in an Order given by a council—

(a) any relevant provision of the Act, local orders policy or regulations made under the Act that is not being or has not been complied with,

(b) that it is an offence not to comply with an Order and the maximum penalty for the offence,

(c) that, if the Order is not complied with, the council may give effect to the Order and recover the costs of doing so from the person concerned.

Note.

Section 193 of the Act requires the council to give the owner or occupier of premises written notice before a person authorised to enter premises under Part 2 of Chapter 8 of the Act does so.

100

Public notice of local orders policy

100 Public notice of local orders policy

The public notice required to be given by the council under section 160(1) of the Act must—

(a) be published—

(i) on the website of the council, and

(ii) in any other manner that the council considers necessary to bring it to the attention of members of the public in the area of the council, and

(b) be published on the website at least 7 days before the commencement of the public exhibition of the draft local policy and remain there at least until the conclusion of the period during which submissions may be made to the council in relation to the policy.

Part 4

Community land

Part 4 Community land

101

Application of this Division

101 Application of this Division

(1) This Division sets out guidelines for the categorisation of community land.

(2) A council that is preparing a draft plan of management under section 36 of the Act must have regard to the guidelines set out in this Division.

102

Guidelines for categorisation of land as a natural area

102 Guidelines for categorisation of land as a natural area

Land should be categorised as a natural area under section 36(4) of the Act if the land, whether or not in an undisturbed state, possesses a significant geological feature, geomorphological feature, landform, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under section 36(5) of the Act.

Note.

Sections 36A and 36B of the Act provide that community land comprising the habitat of endangered or threatened species must be categorised as a natural area.

Section 36C of the Act provides that community land that is the site of a known natural, geological, geomorphological, scenic or other feature that is considered by the council to warrant protection or special management considerations, or that is the site of a wildlife corridor, must be categorised as a natural area.

103

Guidelines for categorisation of land as a sportsground

103 Guidelines for categorisation of land as a sportsground

Land should be categorised as a sportsground under section 36(4) of the Act if the land is used or proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games.

104

Guidelines for categorisation of land as a park

104 Guidelines for categorisation of land as a park

Land should be categorised as a park under section 36(4) of the Act if the land is, or is proposed to be, improved by landscaping, gardens or the provision of non-sporting equipment and facilities, for use mainly for passive or active recreational, social, educational and cultural pursuits that do not unduly intrude on the peaceful enjoyment of the land by others.

105

Guidelines for categorisation of land as an area of cultural significance

105 Guidelines for categorisation of land as an area of cultural significance

Land should be categorised as an area of cultural significance under section 36(4) of the Act if the land is—

(a) an area of Aboriginal significance, because the land—

(i) has been declared an Aboriginal place under section 84 of the National Parks and Wildlife Act 1974, or

(ii) whether or not in an undisturbed state, is significant to Aboriginal people in terms of their traditional or contemporary cultures, or

(iii) is of significance or interest because of Aboriginal associations, or

(iv) displays physical evidence of Aboriginal occupation (for example, items or artifacts such as stone tools, weapons, engraving sites, sacred trees, sharpening grooves or other deposits, and objects or materials that relate to the settlement of the land or place), or

(v) is associated with Aboriginal stories, or

(vi) contains heritage items dating after European settlement that help to explain the relationship between Aboriginal people and later settlers, or

(b) an area of aesthetic significance, by virtue of—

(i) having strong visual or sensory appeal or cohesion, or

(ii) including a significant landmark, or

(iii) having creative or technical qualities, such as architectural excellence, or

(c) an area of archaeological significance, because the area contains—

(i) evidence of past human activity (for example, below-ground features such as building foundations, occupation deposits, features or artifacts or above-ground features such as buildings, works, industrial structures, and relics, whether intact or ruined), or

(ii) any other deposit, object or material that relates to the settlement of the land, or

(d) an area of historical significance, because of the importance of an association or position of the land in the evolving pattern of Australian cultural history, or

(e) an area of technical or research significance, because of the area’s contribution to an understanding of Australia’s cultural history or environment, or

(f) an area of social significance, because of the area’s association with Aboriginal life after 1788 or the area’s association with a contemporary community for social, spiritual or other reasons.

106

Guidelines for categorisation of land as general community use

106 Guidelines for categorisation of land as general community use

Land should be categorised as general community use under section 36(4) of the Act if the land—

(a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and

(b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under sections 102–105 of this Regulation for categorisation as a natural area, a sportsground, a park or an area of cultural significance.

107

Guidelines for categorisation of land as bushland

107 Guidelines for categorisation of land as bushland

(1) Land that is categorised as a natural area should be further categorised as bushland under section 36(5) of the Act if the land contains primarily native vegetation and that vegetation—

(a) is the natural vegetation or a remainder of the natural vegetation of the land, or

(b) although not the natural vegetation of the land, is still representative of the structure or floristics, or structure and floristics, of the natural vegetation in the locality.

(2) Such land includes—

(a) bushland that is mostly undisturbed with a good mix of tree ages, and natural regeneration, where the understorey is comprised of native grasses and herbs or native shrubs, and that contains a range of habitats for native fauna (such as logs, shrubs, tree hollows and leaf litter), or

(b) moderately disturbed bushland with some regeneration of trees and shrubs, where there may be a regrowth area with trees of even age, where native shrubs and grasses are present in the understorey even though there may be some weed invasion, or

(c) highly disturbed bushland where the native understorey has been removed, where there may be significant weed invasion and where dead and dying trees are present, where there is no natural regeneration of trees or shrubs, but where the land is still capable of being rehabilitated.

108

Guidelines for categorisation of land as wetland

108 Guidelines for categorisation of land as wetland

Land that is categorised as a natural area should be further categorised as wetland under section 36(5) of the Act if the land includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a waterbody that is inundated cyclically, intermittently or permanently with fresh, brackish or salt water, whether slow moving or stationary.

109

Guidelines for categorisation of land as an escarpment

109 Guidelines for categorisation of land as an escarpment

Land that is categorised as a natural area should be further categorised as an escarpment under section 36(5) of the Act if—

(a) the land includes such features as a long cliff-like ridge or rock, and

(b) the land includes significant or unusual geological, geomorphological or scenic qualities.

110

Guidelines for categorisation of land as a watercourse

110 Guidelines for categorisation of land as a watercourse

Land that is categorised as a natural area should be further categorised as a watercourse under section 36(5) of the Act if the land includes—

(a) any stream of water, whether perennial or intermittent, flowing in a natural channel, or in a natural channel that has been artificially improved, or in an artificial channel that has changed the course of the stream of water, and any other stream of water into or from which the stream of water flows, and

(b) associated riparian land or vegetation.

111

Guidelines for categorisation of land as foreshore

111 Guidelines for categorisation of land as foreshore

Land that is categorised as a natural area should be further categorised as foreshore under section 36(5) of the Act if the land is situated on the water’s edge and forms a transition zone between the aquatic and terrestrial environment.

112

Consultation concerning categorisation of land as an area of cultural significance

112 Consultation concerning categorisation of land as an area of cultural significance

(1) A council that is considering whether or not land is an area of Aboriginal significance (within the meaning of section 105(a)) must give notice of that consideration to Aboriginal people traditionally associated with the area in which the land is situated.

(2) That notice must be given by—

(a) giving written notice to the following—

(i) the Local Aboriginal Land Council for the area concerned,

(ii) New South Wales Native Title Services Limited (ACN 098 971 209),

(iii) the Registrar appointed under the Aboriginal Land Rights Act 1983,

(iv) the Secretary of the Premier’s Department,

(v) the Secretary of the Department of Planning, Industry and Environment, and

(b) publishing the notice—

(i) on the website of the council, and

(ii) in any other manner that the council considers necessary to bring it to the attention of Aboriginal people traditionally associated with the area in which the land is situated, and

(c) placing a written notice on the land in a position where the notice is visible to any person on adjacent public land.

(3) The notice—

(a) must state that submissions may be made to the council, in relation to the council’s consideration, by any Aboriginal person traditionally associated with the area in which the community land is situated, and

(b) must specify a period of not less than 28 days after the date on which the notice is given during which submissions may be made to the council.

(4) A council that is considering whether or not land is an area of Aboriginal significance (within the meaning of section 105(a)) must not make a final determination on that matter unless the council has considered any submissions made under this section by Aboriginal people traditionally associated with the area in which the community land is situated.

(5) A council must not prepare a draft plan of management that categorises community land as an area of cultural significance on the ground that the land is an area of Aboriginal significance (within the meaning of section 105(a)) unless the council has called for and considered any submissions made under this section by Aboriginal people traditionally associated with the area in which the community land is situated.

s 112: Am 2023 No 35, Sch 4.26.

113

Preparation of draft plan of management where land is categorised in more than one category

113 Preparation of draft plan of management where land is categorised in more than one category

A draft plan of management that categorises an area of community land, or parts of an area of community land, in more than one category must clearly identify the land or parts of the land and the separate categories (by a map or otherwise).

114

Adoption of draft plan of management in relation to which certain submissions have been made

114 Adoption of draft plan of management in relation to which certain submissions have been made

(1) This section applies if—

(a) a council prepares a draft plan of management, and

(b) the council receives any submission, made in accordance with the Act, concerning that draft plan that makes any objection to a categorisation of land under the draft plan, and

(c) the council adopts the plan of management without amending the categorisation that gave rise to the objection.

(2) If this section applies, the resolution by which the council adopts the plan of management must state the council’s reasons for categorising the relevant land in the manner that gave rise to the objection.

115

Exemptions for leases for temporary accommodation—the Act, s 748(2)

115 Exemptions for leases for temporary accommodation—the Act, s 748(2)

(1) This section applies to community land in the following areas—

(a) Ballina local government area,

(b) Byron local government area,

(c) City of Lismore local government area,

(d) Clarence Valley local government area,

(e) Kyogle local government area,

(f) Richmond Valley local government area,

(g) Tweed local government area.

(2) This section does not apply to community land categorised as a natural area or an area of cultural significance in a plan of management for the community land.

(3) Community land used for the purposes of temporary accommodation development, as authorised by a temporary accommodation lease, is exempt from the operation of the Act, sections 45(2), 46, 46A, 47A and 47C.

Note—

The specified provisions of the Act—

(a) generally restrict the granting of leases and subleases in relation to community land, and

(b) impose certain requirements for the granting of leases, including requirements for tendering, the giving of notices to certain persons and obtaining the Minister’s consent to the grant of a lease.

(4) In this section—

public authority has the same meaning as in the Environmental Planning and Assessment Act 1979.

temporary accommodation development means development carried out without development consent under State Environmental Planning Policy (Housing) 2021, section 135.

Note—

State Environmental Planning Policy (Housing) 2021, section 135 allows development for the purposes of caravan parks and camping grounds to be carried out without development consent in certain circumstances.

temporary accommodation lease means a lease of community land granted by a council to a public authority for the purposes of temporary accommodation development.

s 115: Ins 2022 (212), Sch 1.

116

Leases, licences and other estates in respect of community land

116 Leases, licences and other estates in respect of community land

(1) For the purposes of section 46(1)(b)(iii) of the Act, the use or occupation of community land for the following events is prescribed as a purpose in respect of which a council may grant a licence in respect of community land on a short-term, casual basis—

(a) the playing of a musical instrument, or singing, for fee or reward,

(b) engaging in a trade or business,

(c) the playing of a lawful game or sport,

(d) the delivery of a public address,

(e) commercial photographic sessions,

(f) picnics and private celebrations such as weddings and family gatherings,

(g) filming sessions,

(h) the agistment of stock.

(2) However, the use or occupation of community land for events listed in subsection (1) is prescribed only if the use or occupation does not involve the erection of any building or structure of a permanent nature.

(3) For the purposes of section 46(1)(b)(iii) of the Act, the use of any existing road or fire trail on community land—

(a) to transport building materials and equipment required in relation to building work that is to be, or is being, carried out on land adjoining the community land, or

(b) to remove waste that is consequential on such work,

is prescribed as a short-term, casual purpose.

(4) For the purposes of section 46(1)(b)(iii) of the Act, the use of any community land that does not have an existing road or fire trail—

(a) to transport building materials and equipment required in relation to building work that is to be, or is being, carried out on land adjoining the community land, or

(b) to remove waste that is consequential on such work,

is prescribed as a short-term, casual purpose if such work is for a purpose referred to in section 46(4)(a)(ii) of the Act.

(5) In this section, existing road or fire trail means a road or a fire trail that was in existence on 1 January 2001.

117

Exemptions from section 47A of the Act (Leases, licences and other estates in respect of community land—terms of 5 years or less)

117 Exemptions from section 47A of the Act (Leases, licences and other estates in respect of community land—terms of 5 years or less)

(1) Leases, licenses and other estates granted for the following purposes are exempt from the provisions of section 47A of the Act—

(a) residential purposes, where the relevant community land has been developed for the purposes of housing owned by the council,

(b) the provision of pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the council or other public utility provider that is situated on the community land,

(c) use and occupation of the community land for events such as—

(i) a public performance (that is, a theatrical, musical or other entertainment for the amusement of the public),

(ii) the playing of a musical instrument, or singing, for fee or reward,

(iii) engaging in a trade or business,

(iv) playing of any lawful game or sport,

(v) delivering a public address,

(vi) conducting a commercial photographic session,

(vii) picnics and private celebrations such as weddings and family gatherings,

(viii) filming,

(d) a purpose referred to in section 116(3) or (4).

(2) However, the use or occupation of community land for events listed in subsection (1)(c) is exempt only if—

(a) the use or occupation does not involve the erection of any building or structure of a permanent nature, and

(b) in the case of any use or occupation that occurs only once, it does not continue for more than 3 consecutive days, and

(c) in the case of any use or occupation that occurs more than once, each occurrence is for no more than 3 consecutive days, not including Saturday and Sunday, and the period from the first occurrence until the last occurrence is not more than 12 months.

118

Additional notifications in relation to certain filming projects

118 Additional notifications in relation to certain filming projects

(1) This section prescribes, for the purposes of section 47AA of the Act, the additional manner of notification or advertisement of a council’s proposal under section 47A of the Act to grant a lease, licence or other estate in respect of community land in order to allow a filming project to be carried out on that community land.

(2) If the community land is—

(a) critical habitat (as defined in section 36A(1) of the Act), or

(b) directly affected by a recovery plan or threat abatement plan (as referred to in section 36B(2) of the Act),

written notice is to be given to the Secretary.

(3) If the community land is declared to be an area of cultural significance under section 36D(1) of the Act because of the presence on the land of any item that the council considers to be of Aboriginal significance—

(a) written notice is to be given to the Local Aboriginal Land Council for the area in which the land is situated, and

(b) a copy of the notice is to be published—

(i) on the website of the council, and

(ii) in any other manner that the council considers necessary to bring it to the attention of Aboriginal people traditionally associated with the area in which the land is situated.

(4) A notice required by this section must include the matter specified in section 47(2) of the Act (subject to section 47AA(2) of the Act).

119

Sublease of community land

119 Sublease of community land

For the purposes of section 47C(1)(b) of the Act—

(a) refreshment kiosks, dances and private parties are prescribed as purposes for which community land that is leased for a surf life-saving club or a sporting club may be sublet, and

(b) a croquet club is prescribed as a purpose for which community land that is used as a bowling club may be sublet.

Part 5

Rates and charges

Part 5 Rates and charges

120

Application of Part

120 Application of Part

The provisions of this Part that relate to the making and levying of ordinary rates do not apply to county councils.

121

Land used for caravan park or manufactured home not to be categorised as residential (the Act, section 516(2))

121 Land used for caravan park or manufactured home not to be categorised as residential (the Act, section 516(2))

If the dominant use of land is for a caravan park or a manufactured home estate, the land is not to be categorised as residential for rating purposes.

122

Land used for retirement village, serviced apartments or time-shares to be categorised as residential (the Act, section 516(2))

122 Land used for retirement village, serviced apartments or time-shares to be categorised as residential (the Act, section 516(2))

If the dominant use of land is for a retirement village, serviced apartments or a time-share scheme, the land is to be categorised as residential for rating purposes.

123

Land exempt from rates (the Act, section 556)

123 Land exempt from rates (the Act, section 556)

The following land is exempt from all rates, except water supply special rates and sewerage special rates—

(a) all land leased by the Royal Agricultural Society in the Homebush Bay area (as defined in the Olympic Co-ordination Authority Act 1995 before the repeal of that Act),

(b) all land occupied by the Museum of Contemporary Art Limited,

(c) all land comprising the site known as Museum of Sydney, on the site of first Government House,

(d) all land that is held by a body corporate on behalf of an Aboriginal person or persons pursuant to an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth.

124

Highest ordinary rate for certain rateable land

124 Highest ordinary rate for certain rateable land

For the purposes of the Act, section 530(4), the factor of 1.5 times is prescribed.

s 124: Ins 2021 (604), sec 3.

125

Services for which an annual charge may be imposed (the Act, section 501)

125 Services for which an annual charge may be imposed (the Act, section 501)

(1) Emergency services provided or proposed to be provided within the area of the Blue Mountains City Council are prescribed for the purposes of section 501 of the Act.

(2) In this section, emergency services includes (without limitation) bushfire and other fire services, civil emergency services, and management services associated with emergency services.

125A

Annual charges for stormwater management services

125A Annual charges for stormwater management services

(1) For the purposes of section 496A of the Act, a council may make or levy an annual charge for stormwater management services only in respect of urban land that is categorised for rating purposes as residential or business.

Note.

Part 3 of Chapter 15 of the Act allows a council to categorise each parcel of land within its area.

(2) A council may not make or levy an annual charge for the provision of stormwater management services in respect of a parcel of land if—

(a) the parcel of land is vacant land, or

(b) the parcel of land is subject to a special rate or charge that has been made for or towards meeting the cost of any works, services, facilities or activities the primary purpose of which is the provision of stormwater management services.

(3) A council may not make or levy an annual charge for the provision of stormwater management services if the council has received an instrument from the Minister under section 508 or 508A of the Act which specifies the percentage by which the council may vary its income and the instrument imposes a condition with respect to that variation to the effect that the primary purpose of the variation is to fund stormwater management services.

(4) A council may not make or levy an annual charge for the provision of stormwater management services for a parcel of land that exceeds—

(a) if the anticipated cost of providing stormwater management services to the parcel of rateable land is less than the maximum annual charge in respect of the parcel of rateable land—the anticipated cost, or

(b) if the anticipated cost referred to in paragraph (a) is equal to or greater than the maximum annual charge in respect of the parcel of rateable land—the maximum annual charge for the parcel of rateable land.

(5) In this section—

maximum annual charge, in respect of a parcel of land, means the maximum annual charge that may be made or levied by a council in respect of the parcel of rateable land in accordance with section 125AA.

urban land means land within a city, town or village.

125AA

Maximum annual charge for stormwater management services (the Act, section 510A)

125AA Maximum annual charge for stormwater management services (the Act, section 510A)

(1) The maximum annual charge for stormwater management services that may be levied in respect of a parcel of rateable land is—

(a) for land categorised as residential (other than land referred to in paragraph (b))—$25, and

(b) for a lot in a strata scheme that is categorised as residential—$12.50, and

(c) for land categorised as business (other than land referred to in paragraph (d))—$25, plus an additional $25 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, and

(d) for a lot in a strata scheme that is categorised as business—the greater of the following—

(i) $5,

(ii) the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme if it were a parcel of land subject to paragraph (c).

(2) In this section, the relevant proportion, in relation to a lot in a strata scheme, is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme.

(3) Words and expressions used in this section have the same meanings as they have in the Strata Schemes Management Act 2015.

126

Minimum amount of ordinary rate—the Act, s 548(3)

126 Minimum amount of ordinary rate—the Act, s 548(3)

For the Act, section 548(3)(a), the amount prescribed is $639.

s 126: Am 2022 (90), sec 3. Subst 2023 (49), sec 3. Am 2024 (119), Sch 1; 2025 (144), Sch 1.

127

Rates and charges notices

127 Rates and charges notices

(1) A rates and charges notice must contain the following information—

(a) the land to which it relates,

(b) the land value of the land to which it relates and the base date of the general valuation from which the land value is derived,

(c) particulars of each rate or charge levied on the land by the notice,

(d) if the rate consists of a base amount to which an ad valorem amount is added, particulars of the base amount,

(e) the date the notice is taken to have effect,

(f) particulars of any outstanding arrears of rates and charges levied on the land and of any interest payable on those amounts,

(g) the total amount due and the dates for payment of the rates or charges concerned,

(h) the amounts payable for, and the due dates for payment of, instalments of rates or charges,

(i) particulars of any waiver of an amount of special rate in consideration of payment of a lump sum,

(j) a statement that concessions are available to eligible pensioners for any quarter in which they are eligible pensioners,

(k) particulars of any concession extended in respect of payment of the rates,

(l) particulars of any discount for prompt payment in full of a rate or charge,

(m) particulars of any postponement of rates or postponed rates,

(n) particulars of any option to pay a lump sum towards the capital cost of any works, services or facilities instead of a special rate in the notice,

(o) a statement that if payment is not made on or before the due date or dates interest accrues on the overdue amount,

(p) a statement as to how to make inquiries about the notice,

(q) the text, or a summary, of the following provisions of the Act (if applicable)—

(i) section 524 (Notice of change of category),

(ii) section 525 (Application for change of category),

(iii) section 526 (Appeal against declaration of category),

(iv) section 555 (What land is exempt from all rates?),

(v) section 556 (What land is exempt from all rates, other than water supply special rates and sewerage special rates?),

(vi) section 557 (What land is exempt from water supply special rates and sewerage special rates?),

(vii) section 562 (Payment of rates and annual charges),

(viii) section 563 (Discount for prompt payment in full),

(ix) section 564 (Agreement as to periodical payment of rates and charges),

(x) section 566 (Accrual of interest on overdue rates and charges),

(xi) section 567 (Writing off of accrued interest),

(xii) section 574 (Appeal on question of whether land is rateable or subject to a charge).

(2) If the notice includes particulars of a fire and emergency services levy that is payable, the notice may show the total amount payable for instalments for rates or charges and the fire and emergency services levy (instead of showing separately the instalments payable for rates or charges and the instalments payable for the levy).

(3) In this section—

fire and emergency services levy means the levy under the Fire and Emergency Services Levy Act 2017.

128

Information relating to rates and charges

128 Information relating to rates and charges

A council must, if required to do so by the Minister or the Secretary, furnish information to the Minister or the Secretary, in the form required, relating to rates and charges levied by the council.

129

Request for transfer of land in payment of rates, charges or accrued interest

129 Request for transfer of land in payment of rates, charges or accrued interest

A request to the council for the acceptance of a transfer of land under section 570 of the Act in payment of rates, charges or accrued interest must be in writing, be signed by each owner or person having an interest in the land concerned and contain the following information—

(a) title particulars and the rate assessment number of the land,

(b) particulars of any mortgage, charge, lien or other encumbrance affecting the land.

130

Additional circumstances in which rates or charges may be written off: the Act, section 607

130 Additional circumstances in which rates or charges may be written off: the Act, section 607

The council may write off the whole or part of any stormwater management services charge or the interest accrued on any such charge if—

(a) in the opinion of the council, the ratepayer liable for the charge has demonstrated that the ratepayer has practised good stormwater management, or

(b) the person liable for the charge is an eligible pensioner.

131

Procedures for writing off rates and charges

131 Procedures for writing off rates and charges

(1) The council must, from time to time, by resolution, fix the amount of rates and charges above which any individual rate or charge may be written off only by resolution of the council.

(2) An amount of rates or charges of or below that amount can be written off either by resolution of the council or by order in writing of the council’s general manager. In the absence of a resolution under subsection (1), rates and charges can be written off only by resolution of the council.

(3) A resolution or order writing off an amount of rates or charges must—

(a) specify the name of the person whose debt is being written off, and

(b) identify the account concerned, and

(c) specify the amount written off,

or must refer to a record kept by the council in which those particulars are recorded.

(4) An amount of rates or charges can be written off under this section only—

(a) if there is an error in the assessment, or

(b) if the amount is not lawfully recoverable, or

(c) as a result of a decision of a court, or

(d) if the council or the general manager believes on reasonable grounds that an attempt to recover the amount would not be cost effective.

(5) The fact that an amount of rates or charges is written off under this section does not prevent the council concerned from taking legal proceedings to recover the amount.

(6) The general manager must advise the council of rates and charges written off by written order of the general manager.

132

Details of written off rates and charges to be included in annual report

132 Details of written off rates and charges to be included in annual report

The council’s annual report must include the amount of rates and charges written off during the year.

133

Sale of land to recover overdue rates or charges

133 Sale of land to recover overdue rates or charges

An advertisement under section 715(1) of the Act notifying a proposed sale of land for unpaid rates or charges is to contain the following information—

(a) that the council proposes to sell the land for unpaid rates or charges at public auction,

(b) the name of the auctioneer and the proposed place, date and time of the auction,

(c) the persons known to the council to have an interest in the land,

(d) the amount of rates and charges unpaid for more than 5 years from the date on which they became payable and the amount of any interest accrued,

(e) the amount of any other rates and charges payable and unpaid and the amount of any interest accrued,

(f) the total amount due,

(g) that, if all rates and charges payable (including overdue rates and charges) are not paid to the council or an arrangement satisfactory to the council is not entered into by the rateable person before the time fixed for the sale, the council will proceed with the sale.

134

Eligible pensioners for the purposes of determining pensioner concessions—prescribed classes

134 Eligible pensioners for the purposes of determining pensioner concessions—prescribed classes

For the purposes of paragraph (a) of the definition of eligible pensioner in the Dictionary to the Act, the following classes of persons are prescribed—

(a) persons who receive a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth, or a service pension under Part III of the Veterans’ Entitlements Act 1986 of the Commonwealth, and who are entitled to a pensioner concession card issued by or on behalf of the Commonwealth Government,

(b) persons who receive a pension from the Commonwealth Department of Veterans’ Affairs as—

(i) a war widow or war widower within the meaning of the Veterans’ Entitlements Act 1986 of the Commonwealth, or

(ii) the unmarried mother of a deceased unmarried member of the Australian Defence or Peacekeeping Forces, or

(iii) the widowed mother of a deceased unmarried member of the Australian Defence or Peacekeeping Forces,

and do not have income and assets that would prevent them from being granted a pensioner concession card (assuming they were eligible for such a card),

(b1) persons who have received a lump sum mentioned in section 234(1)(b) of the Military Rehabilitation and Compensation Act 2004 of the Commonwealth or are receiving a weekly amount mentioned in that paragraph, and do not have income and assets that would prevent them from being granted a pensioner concession card (assuming they were eligible for such a card),

(c) persons who receive a general rate of pension adjusted for extreme disablement under section 22(4) of the Veterans’ Entitlements Act 1986 of the Commonwealth, or a special rate of pension under section 24 of that Act,

(d) persons who receive, or who at some point in their life have been eligible for, a Special Rate Disability Pension under the Military Rehabilitation and Compensation Act 2004 of the Commonwealth.

135

Application for eligible pensioners concession

135 Application for eligible pensioners concession

An application under Division 1 of Part 8 of Chapter 15 of the Act is to be made in the form approved by the Secretary.

136

Abandonment of pensioners rates and charges—prescribed persons

136 Abandonment of pensioners rates and charges—prescribed persons

For the purposes of section 582 of the Act, any person who receives a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth and is the holder of a pensioner concession card issued by or on behalf of the Commonwealth Government is a prescribed person.

Part 5A

Environmental upgrade agreements

Part 5A Environmental upgrade agreements

136A

What are environmental upgrade works?

136A What are environmental upgrade works?

(1) For the purposes of section 54E of the Act, environmental upgrade works include any works in respect of a building that result in an environmental improvement in respect of the use and occupation of the building.

(2) Works result in an environmental improvement if the works—

(a) increase the efficiency of energy or water consumption, or

(b) reduce energy or water consumption, or

(c) prevent or reduce pollution, or

(d) eliminate or reduce the discharge of wastes, or other substances, that are harmful to the environment, or

(e) reduce the use of materials, or

(f) enable the recovery or recycling of materials, or

(g) enable the monitoring of environmental quality, or

(h) reduce greenhouse gas emissions, or

(i) encourage or facilitate alternative methods of transportation to the use of a private motor vehicle (such as walking and cycling).

(3) Without limiting the above, the following works are environmental upgrade works if they result in an environmental improvement—

(a) the replacement, modification, removal or installation of end-user equipment,

(b) the modification of the usage of end-user equipment.

(4) In this section—

end-user equipment means any equipment, process or system that—

(a) directly consumes energy or water, causes a risk to human health, or degrades the environment, or

(b) controls or influences the impact any other equipment, process or system has on the consumption of energy or water, human health, or the environment.

136B

Delegation of power to impose charge

136B Delegation of power to impose charge

(1) A council may, by resolution, delegate to the general manager of the council the function of making or amending environmental upgrade charges under an environmental upgrade agreement.

(2) The general manager cannot sub-delegate such a function.

(3) Sections 377 and 378 of the Act are modified to the extent necessary to give effect to this section.

136C

Form of charge

136C Form of charge

(1) It is not necessary for a council, when making an environmental upgrade charge, to give a short separate name for each amount of the charge.

(2) Section 543 of the Act is modified to the extent necessary to give effect to this section.

136D

Curing of irregularities

136D Curing of irregularities

Section 545 of the Act is modified so that a reference to the Minister, in relation to an environmental upgrade charge, is to be read as a reference to the Minister for Energy and Environment or the Minister’s delegate.

136E

Levying of charge on strata buildings

136E Levying of charge on strata buildings

(1) An environmental upgrade charge levied on land that is the subject of a strata scheme is a charge on all lots that are the subject of the strata scheme.

(2) However, the amount of any unpaid environmental upgrade charge is to be apportioned between the lots the subject of the strata scheme, so that the charge payable in respect of each lot the subject of the strata scheme is taken to be the relevant proportion of the unpaid environmental upgrade charge.

(3) If the charge payable in respect of a particular lot is paid by the owner of the lot, the unpaid environmental charge to which the payment relates ceases to be a charge on that lot.

(4) In this section, the relevant proportion is the proportion that the unit entitlement of a lot bears to the aggregate unit entitlement of all lots the subject of the strata scheme.

(5) Unit entitlements are determined in accordance with the Strata Schemes Development Act 2015.

(6) Section 550 of the Act, and the provisions of Part 7 of Chapter 15 of the Act that apply in respect of environmental upgrade charges, are modified to the extent necessary to give effect to this section.

(7) To avoid doubt, a reference in this section to the amount of any unpaid environmental upgrade charge includes a reference to any amount charged under an environmental upgrade agreement for late payment of an environmental upgrade charge.

136F

Payment of environmental upgrade charges by lessees

136F Payment of environmental upgrade charges by lessees

(1) The Crown is liable to pay an environmental upgrade charge in respect of land owned by the Crown if the environmental upgrade charge is levied under an environmental upgrade agreement that the Crown entered into as owner of the land.

(2) This section applies even if the land is held under a lease for private purposes.

(3) Section 561 of the Act is modified to the extent necessary to give effect to this section.

(4) This section does not affect the application of section 54N of the Act in respect of any lease of the land by the Crown.

136G

Payment of environmental upgrade charges by instalment

136G Payment of environmental upgrade charges by instalment

Section 562 of the Act applies to the payment of environmental upgrade charges, unless otherwise agreed by the parties to the environmental upgrade agreement.

136H

Accrual of interest on overdue charges

136H Accrual of interest on overdue charges

(1) Section 566 of the Act applies in relation to any interest on an unpaid environmental upgrade charge that is charged by or on behalf of a finance provider under an environmental upgrade agreement in the same way as it applies in relation to rates and charges levied by a council under Chapter 15 of the Act.

(2) Accordingly, a reference in section 566(3) of the Act to the rate of interest set by the council is to be read as a reference to the rate of interest charged by or on behalf of the finance provider.

136I

Application of payments

136I Application of payments

Section 568 of the Act applies to environmental upgrade charges.

136J

Certificate issued by Council as to environmental upgrade charges

136J Certificate issued by Council as to environmental upgrade charges

(1) A certificate issued by a council under section 603 of the Act in respect of a parcel of land that is affected by an environmental upgrade agreement is to state (in addition to the matters referred to in that section) the amount of any environmental upgrade charges that are due and payable under the agreement.

(2) Land is affected by an environmental upgrade agreement if there is an environmental upgrade agreement in force that enables the council to levy an environmental upgrade charge in respect of the land.

(3) Section 603 of the Act is modified to the extent necessary to give effect to this section.

136K

Sale of land to pay charge

136K Sale of land to pay charge

(1) If a council sells land as a result of a failure to pay an environmental upgrade charge, the unpaid environmental upgrade charge ceases to be a charge on the land when the purchase money for the land is paid to the council (even if the purchase money is insufficient to satisfy the amount of the unpaid environmental upgrade charge).

(2) However, if the purchase money is insufficient to satisfy the amount of the unpaid environmental upgrade charge, a person who, before the sale, was liable to pay the environmental upgrade charge continues to be liable to pay the outstanding amount of the unpaid environmental upgrade charge.

(3) Section 719(b) of the Act does not apply in respect of an environmental upgrade charge.

136L

Modification of Retail Leases Act 1994

136L Modification of Retail Leases Act 1994

(1) Section 12 of the Retail Leases Act 1994 does not apply to a provision of a lease that requires a lessee to pay an environmental upgrade contribution.

(2) Accordingly, an environmental upgrade contribution may be recovered whether or not the contribution is disclosed in a disclosure statement given to the lessee in accordance with Part 2 of that Act.

(3) Section 24A of the Retail Leases Act 1994 does not apply to a provision of a lease to that requires a lessee to pay an environmental upgrade contribution.

(4) In this section, an environmental upgrade contribution means a contribution towards an environmental upgrade charge payable under an environmental upgrade agreement.

136M

Mandatory requirements of guidelines

136M Mandatory requirements of guidelines

Sections 4–7 of the guidelines made under section 54Q of the Act and published in the Gazette on 18 February 2011 are adopted as mandatory requirements.

Note.

A council must comply with any mandatory requirements of the guidelines in exercising its functions under Part 2A of Chapter 6 of the Act.

Part 6

Water services

Part 6 Water services

137

Water supply may be restricted if there is a shortage of supply

137 Water supply may be restricted if there is a shortage of supply

(1) A council that considers the available stored water in a water supply system supplying its area, or the available capacity of supply from that system, to be insufficient to allow the unrestricted consumption of water for purposes other than domestic purposes may, by notice published in accordance with this section, restrict—

(a) the purposes for which the water can be used, or

(b) the times when the water can be used, or

(c) the methods by which the water can be used, or

(d) the quantities of the water that can be used.

(2) The council may, by notice published in accordance with this section, place the same sort of restrictions as are referred to in subsection (1) on the use of water from such a water supply system for any purposes (including domestic purposes)—

(a) if there is a drought, or

(b) if the available stored water, or the available capacity of supply, is so limited as to make extraordinary measures necessary in the general interest of water consumers.

(3) Restrictions under this section can be imposed in respect of all of the council area supplied by the water supply system, but can apply to a part of that area if and only if—

(a) the shortage of water or shortage in capacity of supply is limited to that part, or

(b) the council orders the supply to be restricted to different parts of the area in rotation.

(4) Restrictions under this section can be imposed only by a notice of the council published on the website of the council.

(5) All agreements made by the council relating to the supply of water are subject to this section.

(6) This section does not authorise the council to make orders restricting persons’ rights under the Water Act 1912 or the Water Management Act 2000.

137A

Substances prohibited from being discharged into public sewers

137A Substances prohibited from being discharged into public sewers

(1) For the purposes of section 638 of the Act (Discharge of prohibited matter into sewer or drain), roof, rain, surface, seepage or ground water is prescribed as prohibited matter.

(2) This section does not apply in relation to—

(a) a discharge that is specifically approved under section 68 of the Act, or

(b) a discharge into a public drain or a gutter of a council, or

(c) a discharge in an area of operations within the meaning of the Sydney Water Act 1994 or the Hunter Water Act 1991.

138

Works for which approval is required under section 60 of the Act

138 Works for which approval is required under section 60 of the Act

(1) The Minister for Water, Property and Housing may give a council an approval for the purposes of section 60 of the Act if and only if—

(a) the council has made an application in writing for consent that is accompanied by the relevant documents, and

(b) either the council has complied with any requirement of that Minister to supply further information with respect to the application or that Minister has waived any such requirement, and

(c) that Minister is satisfied that the council is competent to exercise the powers that it would not be able to exercise without that approval, and

(d) all inspections of the work and the site of the work that that Minister has directed to be carried out for the purpose of enabling the application to be considered have been carried out.

(2) The relevant documents are—

(a) the plans and specifications of, and documents and data in the possession of the council that are relevant to, the exercise of power in respect of which the approval is sought, and

(b) any documents containing details sufficient to satisfy the Minister for Water, Property and Housing of the matters referred to in subsection (1)(b)–(d).

(3) If the Minister for Water, Property and Housing has, for the purposes of section 60 of the Act, approved the exercise by the council of its powers with respect to a work, that Minister may, by notice in writing to the council, revoke that approval if the council has failed—

(a) to comply with any requirements that that Minister has made with respect to the provision of additional plans, specifications, documents or information with respect to the exercise of those powers, or

(b) to comply with any directions that that Minister has given with respect to the work, or

(c) to accept any supervision of the exercise of those powers that that Minister has required.

139

Erection of notices to indicate catchment districts

139 Erection of notices to indicate catchment districts

The council may, on land in a catchment district, erect such notices as it considers necessary for indicating the boundaries of the district and directing attention to any prohibitions or restrictions applicable to the district.

Note.

Section 640 of the Act provides that contravention of a prohibition or restriction in such a notice is an offence.

140

Application of the Act, Chapter 6, Part 3, Division 2 to City of Hawkesbury

140 Application of the Act, Chapter 6, Part 3, Division 2 to City of Hawkesbury

(1) For the Act, section 56(3), the land within the City of Hawkesbury area identified on the Windsor Sewerage Scheme Map is prescribed.

(2) In this section—

Windsor Sewerage Scheme Map means the Windsor Sewerage Scheme Map, a public survey, identified as PP5506 and kept in the register of public surveys under the Surveying and Spatial Information Act 2002.

s 140: Ins 2024 (46), Sch 1[2].

141

Works constructed to serve 2 or more council areas

141 Works constructed to serve 2 or more council areas

(1) If water supply works have been constructed to serve the areas of 2 or more councils, the council that has control of the works is required to supply water to each of the other councils concerned, either at the boundary of its area or at some other convenient point that may be mutually agreed with those other councils.

(2) If sewerage works have been constructed to serve the areas of 2 of more councils, the council controlling the sewer mains through which sewage has to flow must allow that flow.

(3) If stormwater drainage works have been constructed to serve the areas of 2 or more councils, a council controlling a component of the stormwater drainage system must facilitate the proper functioning of the system.

(4) If the capital cost of the water supply, sewerage or stormwater drainage works has not been notified as a joint debt, the council that has control of the works may make a charge for—

(a) the supply of water from the water supply works, or

(b) allowing the flow of sewage through the sewerage works and for pumping and treating the sewage, or

(c) managing the flow of stormwater through the stormwater drainage works.

(5) Such a charge is to be—

(a) of such amount as may be agreed with each of the other councils concerned, or

(b) if there is no agreement, of such amount as the Minister may from time to time determine and notify to all of the councils concerned.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Local Government (General) Regulation 2021.

2 Commencement

This Regulation commences on 1 September 2021.

Note.

This Regulation replaces the Local Government (General) Regulation 2005, which is repealed on 1 September 2021 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions

(1) In this Regulation—

approval, for Part 2, Division 7—see section 81A.

AS 5200.000—2006 means AS 5200.000—2006, Technical specification for plumbing and drainage products, Part 000: Procedures for certification of plumbing and drainage products, published by Standards Australia.

building includes a proposed building.

Category 1 business activity has the same meaning as in the Pricing and Costing Guidelines.

Category 2 business activity has the same meaning as in the Pricing and Costing Guidelines.

environmentally sensitive area includes—

(a) land or an area listed in the definition of environmentally sensitive area in Part 4 of Schedule 3 to the Environmental Planning and Assessment Regulation 2000, and

(b) any land or area—

(i) within 100 metres of a natural waterbody, wetland or coastal dune field, or

(ii) with a high watertable, or

(iii) with highly permeable soils or acid sulphate, sodic or saline soils, or

(iv) within a drinking water catchment, or

(v) within the water catchment area of an estuary where the entrance to the sea is intermittently open.

house drain means that part of the sewerage service that conveys (or is intended to convey) the discharges from soil pipes and waste pipes on premises.