393BExercise of council functions during caretaker period

#### 393B Exercise of council functions during caretaker period 393B Exercise of council functions during caretaker period > > (1) The following functions of a council must not be exercised by the council, or the general manager or any other delegate of the council (other than a Joint Regional Planning Panel, the Central Sydney Planning Committee or a local planning panel), during a caretaker period— > > > > > (a) entering a contract or undertaking involving the expenditure or receipt by the council of an amount equal to or greater than $150,000 or 1% of the council’s revenue from rates in the preceding financial year (whichever is the larger), > > > > > (b) determining a controversial development application, except where— > > > > > > > (i) a failure to make such a determination would give rise to a deemed refusal under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 8.11(1), or > > > > > > > (ii) such a deemed refusal arose before the commencement of the caretaker period, > > > > > (c) the appointment or reappointment of a person as the council’s general manager (or the removal of a person from that position), other than— > > > > > > > (i) an appointment of a person to act as general manager under section 336(1) of the Act, or > > > > > > > (ii) a temporary appointment of a person as general manager under section 351(1) of the Act. > > > (2) Despite subsection (1), such a function may be exercised in a particular case with the consent of the Minister. > > > (3) In this section— > > > > caretaker period means the period of 4 weeks preceding the date of an ordinary election. > > > > controversial development application means a development application for designated development for which at least 25 persons have made a submission during community consultation. > > > > designated development means designated development within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 4.10. > > > > local planning panel has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > Note. > > See also Division 9A (Provisions relating to activities during regulated periods) of this Part for controls on certain activities during the regulated period before elections.