Local Government (General) Regulation 2021

• Councils and general managers: the primary addressees of the Regulation's administrative and operational obligations across all Parts.
• Councillors: subject to conduct, induction training, professional development, and meeting practice requirements.
• Council staff and contractors: bound by the conduct code and tendering requirements.
• Residents and property owners: who make applications for approvals (Part 2), receive council orders (Part 3), pay rates and charges (Part 5), and have rights relating to water and sewerage services (Part 6).
• Tenderers and suppliers: who participate in council procurement processes under Part 7.
• Building owners: who may enter environmental upgrade agreements under Part 5A.
• Candidates and voters: in council elections governed by Part 11.
• Joint organisations: covered by Part 11A.
• NCAT, the Office of Local Government, and courts: who rely on the Regulation's procedural and evidentiary framework in disputes and prosecutions.

Conduct (Part 8): councils must adopt the model code of conduct (or a code based on it) and the model administration procedures. The general manager must ensure that alleged contraventions are reported and investigated.

Induction training (section 183): the general manager must ensure that a first-time elected councillor completes induction training within 6 months.

Professional development (Part 8A): the general manager must maintain records of professional development activities undertaken by each councillor.

Tendering (Part 7): councils must comply with the prescribed tendering process for contracts that meet the threshold in section 55 of the Act, including public notice, opening of tenders, and evaluation in a transparent manner.

Rates and charges (Part 5): councils must levy rates and charges in accordance with the prescribed procedures, provide payment periods, and issue notices.

Community land plans of management (Part 4): councils must prepare and adopt plans of management for community land in accordance with the prescribed guidelines and procedures. Draft plans must be publicly exhibited for a minimum period.

Water services (Part 6): councils providing water supply, sewerage, or stormwater services must comply with the applicable technical standards in the Schedule.

Financial reporting (Part 9): councils must keep accounting records, prepare quarterly financial reports, and comply with the Local Government Code of Accounting Practice. The general manager must certify the quarterly financial statements.

General manager's powers (various): the general manager has a range of powers throughout the Regulation, including: designating appropriate persons to receive tender submissions (section 164); granting or refusing approvals (Part 2); and managing conduct investigations.

Chairperson's power in meetings (section 233): the chairperson may require a councillor to apologise for acts of disorder and may expel councillors from meetings for continued disorder under the model code of meeting practice.

Council discretion on community land categorisation (Part 4): councils determine the categorisation of community land (subject to the guidelines in the Regulation), which in turn determines the permissible uses of the land.

Environmental upgrade agreements (Part 5A): councils have discretion whether to enter into environmental upgrade agreements, subject to the requirements of the Regulation.

Penalty notices (Part 12): section 398 prescribes the offences for which penalty notices may be served under section 679(1) of the Act. Schedule 12 sets out the specific offences and amounts.

Penalty notices (Part 12): Schedule 12 lists the prescribed offences and the penalty amounts for penalty notices. Penalty notices provide an alternative to court proceedings for specified offences.

Specific offence provisions: various Parts create offences with specific penalty amounts. For example:

• Section 14 of the Act (failure to vote in council elections): penalties under sections 312 and 314 of the Act (referenced in section 357 of the Regulation).
• Drinking in alcohol-free zones: penalty notices under sections 642 and 647 of the Act.
• Parking offences: under sections 632, 650, and 651 of the Act and the Road Transport (General) Regulation 2021.

Acts of disorder (section 182): prescribed for the purposes of section 490A of the Act. These include disruptive conduct at council meetings.

Tendering:

• Public notice must be given before tenders are invited for contracts above the threshold.
• Specified timeframes apply for the exhibition of tender documents and the receipt and opening of tender submissions.

Community land plans of management:

• Draft plans must be publicly exhibited (minimum exhibition period set by the Act).
• Community consultation must occur before adoption.
• Plans are adopted by resolution of the council.

Induction training: within 6 months of a first-time councillor's election (section 183(1)).

Quarterly financial reports: within the prescribed period after each quarter.

Model code of meeting practice: councils must adopt the mandatory provisions by 31 December 2025 following the 2025 Gazette publication (section 232 note).

Applications under Part 2: must be made in the prescribed form and processed within the timeframes required by the Act.

Local Government Act 1993 (NSW): the Regulation is entirely subsidiary to the Act. Every provision of the Regulation is made under a specific section of the Act. The Act defines the functions, powers, and obligations of councils; the Regulation provides the operational detail.

Environmental Planning and Assessment Regulation 2000 (NSW): the definition of "environmentally sensitive area" in section 3 of the Regulation cross-references Part 4 of Schedule 3 to that Regulation. Water and sewerage approvals in Part 2 also interact with planning approval processes.

Community Land Management Act 2021 (NSW): section 3 of the Regulation cross-references definitions of "association" and "association property" in that Act.

Subordinate Legislation Act 1989 (NSW): the Regulation was made under this Act and replaced the 2005 Regulation on 1 September 2021 when the 2005 Regulation was repealed under section 10(2) of the Subordinate Legislation Act (section 2 note).

Road Transport (General) Regulation 2021 (NSW): parking offences are cross-referenced in the penalty notice provisions.

Australian Standards: technical standards in the Schedules (including AS 5200.000-2006 for plumbing products) are incorporated by reference.

Source text duplication: the stored source text has 5 concatenated copies. Practitioners should use the NSW Legislation website version for definitive reference.

Model code of meeting practice updated in 2025: the model code of meeting practice was updated and a new version published on 29 August 2025 (section 232). Councils must adopt the mandatory provisions by 31 December 2025. Any council that has not updated its meeting code by that date will be in breach of the Regulation.

Environmental upgrade agreements require a council resolution: while the Regulation prescribes the framework for environmental upgrade agreements (Part 5A), councils must first resolve to enter into the program before individual agreements can be made.

Community land categorisation has real planning consequences: the categorisation of community land under Part 4 determines the permissible uses of that land under any plan of management. Mischaracterisation can limit council's ability to lease or licence community land for commercial purposes.

Tendering exceptions require care: Part 7 prescribes exceptions to the requirement to invite tenders (for example, urgent works or use of a prescribed procurement body). Councils should not rely on exceptions without proper legal advice, as procurement obligations are a common source of challenge by unsuccessful tenderers.

Induction training is a legal obligation, not optional: section 183 places the obligation on the general manager, not the councillor. Failure to provide induction training within 6 months is a breach of the Regulation.

Tendering for construction contract: a council resolves to construct a new community hall at a cost of $2 million. The contract value exceeds the tendering threshold in section 55 of the Local Government Act 1993. The council must follow Part 7 of the Regulation: publicly advertise the tender, permit sufficient time for submissions, open tenders in a transparent manner, evaluate submissions against specified criteria, and award the contract to the successful tenderer. If the council uses Local Government Procurement Partnership (a prescribed body under section 163(1A)), it may engage in a coordinated procurement without separately advertising.

Community land reclassification: a council wishes to use part of a park (categorised as "park" community land) for a new commercial food kiosk. The permitted uses of "park" land under Part 4 do not include commercial purposes. The council must reclassify the affected portion of the land as "general community use" or another appropriate category and prepare and adopt an amended plan of management, following the public exhibition and consultation process.

Environmental upgrade agreement: a commercial building owner approaches the council about financing an energy efficiency upgrade. Under Part 5A, the council may enter into an environmental upgrade agreement with the owner and a financier, under which the council advances or facilitates the financing and recovers repayments as a charge levied on the building. The charge runs with the land, not the owner, which can assist with financing arrangements.

New councillor induction: following the September 2024 council elections, 5 new councillors are elected. The general manager must arrange induction training for all 5 within 6 months (that is, by March 2025). The training must cover the functions and obligations of councils and councillors and the relevant administrative procedures and operations of the council (section 183(2)).