This Order reorganises Tasmanian local government: it abolishes a number of existing municipal areas and councils, redraws some boundaries, creates eight new municipal areas and corresponding councils, declares two as cities, dismisses certain councillors, fixes the number of councillors for each council, revokes a prior elections order and substitutes Schedule 3 of the Local Government Act 1993. It affects residents, council staff, electoral administrators and prospective candidates by changing who governs each area, how many councillors there are and the timing/administration of local elections.
This instrument, cited as the Local Government (Restructuring) Order 1998 (cl. 1), reorganises municipal boundaries, abolishes a set of existing municipal areas and their councils, creates new municipal areas and councils, fixes the number of councillors for each listed municipal area, and substitutes a new Schedule 3 into the Local Government Act 1993 (cl. 13). Mechanically, the order does the following.
Abolishes 23 named municipal areas (cl. 4(1)): Break O'Day; Brighton; Burnie; Central Coast; Central Highlands; Clarence; Derwent Valley; Devonport; Dorset; George Town; Glamorgan-Spring Bay; Huon Valley; Kentish; Kingborough; Latrobe; Launceston; Meander Valley; Northern Midlands; Sorell; Southern Midlands; Tasman; Waratah-Wynyard; West Tamar. It also abolishes the electoral districts in the municipal area of Launceston (cl. 4(2)).
Abolishes the councils of the municipal areas abolished in cl. 4(1) (cl. 5).
Alters and defines the boundaries of Glenorchy, Hobart and West Coast as indicated by heavy black lines on specific plans in the Central Plan Register: Plan No. 4104 for Glenorchy, Plan No. 4105 for Hobart, and Plan No. 4101 for West Coast (cl. 6(1)-(3)). Clause 3(1) confirms that a "Plan" refers to a Plan contained in the Central Plan Register.
Creates eight new municipal areas with plan references, and creates councils for those municipal areas with specified names (cl. 7(1)-(2)). The new municipal areas and plan numbers are Central Derwent Lakes (4099), Clarence (4103), Greater Braddon (4100), Launceston Tamar (4093), North East (4094), Northern Central (4098), South East (4095) and Southern (4097). Corresponding council names are set out in the second table of cl. 7(2).
Declares two of the newly created municipal areas to be cities: Clarence and Launceston Tamar (cl. 8).
Current sections
Direct links to the current provisions in Local Government (Restructuring) Order 1998.
(1) Clauses 1 , 2 , 3 and 11 take effect on the day on which the making of this order is notified in the Gazette.
(2) The remaining provisions of this order take effect on the day on which copies of certificates of the results of the elections to be held on 25 August 1998 are published in the Gazette under section 304 of the Local Government Act 1993.
3
Interpretation
3 Interpretation
(1) In this order, a reference to a Plan is a reference to a Plan contained in the Central Plan Register.
Abolition of municipal areas and electoral districts
4 Abolition of municipal areas and electoral districts
(1) The following municipal areas are abolished:
(a) Break O'Day;
(b) Brighton;
(c) Burnie;
(d) Central Coast;
(e) Central Highlands;
(f) Clarence;
(g) Derwent Valley;
(h) Devonport;
(i) Dorset;
(j) George Town;
(k) Glamorgan-Spring Bay;
(l) Huon Valley;
(m) Kentish;
(n) Kingborough;
(o) Latrobe;
(p) Launceston;
(q) Meander Valley;
(r) Northern Midlands;
(s) Sorell;
(t) Southern Midlands;
(u) Tasman;
(v) Waratah-Wynyard;
(w) West Tamar.
(2) The electoral districts in the municipal area of Launceston are abolished.
5
Abolition of councils
5 Abolition of councils
The councils of the municipal areas specified in clause 4(1) are abolished.
6
Alteration and definition of boundaries of municipal areas
6 Alteration and definition of boundaries of municipal areas
(1) The boundaries of the municipal area of Glenorchy are altered and defined as indicated by a heavy black line on Plan No. 4104.
(2) The boundaries of the municipal area of Hobart are altered and defined as indicated by a heavy black line on Plan No. 4105.
(3) The boundaries of the municipal area of West Coast are altered and defined as indicated by a heavy black line on Plan No. 4101.
7
Creation of municipal areas and councils
7 Creation of municipal areas and councils
(1) Municipal areas are created and named as specified in column 1 of the table below and their boundaries are defined as indicated on the plans specified in column 2 of that table:
| Column 1 – Municipal areas | Column 2 – Plan No. |
| 1. Central Derwent Lakes | 4099 |
| 2. Clarence | 4103 |
| 3. Greater Braddon | 4100 |
| 4. Launceston Tamar | 4093 |
| 5. North East | 4094 |
| 6. Northern Central | 4098 |
| 7. South East | 4095 |
| 8. Southern | 4097 |
(2) The councils for the municipal areas specified in column 1 of the table below are created and named as specified in column 2 of that table:
| Column 1 – Municipal areas | Column 2 – Councils |
| 1. Central Derwent Lakes | Central Derwent Lakes Council |
| 2. Clarence | Clarence City Council |
| 3. Greater Braddon | Greater Braddon Council |
| 4. Launceston Tamar | Launceston Tamar City Council |
| 5. North East | North East Council |
| 6. Northern Central | Northern Central Council |
| 7. South East | South East Council |
| 8. Southern | Southern Council |
8
Declaration of cities
8 Declaration of cities
The following municipal areas created under clause 7(1) are declared to be cities:
(a) Clarence;
(b) Launceston Tamar.
9
Dismissal of councillors
9 Dismissal of councillors
All the councillors of the Flinders Council and the King Island Council are dismissed.
10
Number of councillors in municipal areas
10 Number of councillors in municipal areas
The number of persons to be elected as councillors in a municipal area specified in column 1 of the following table is the number specified in column 2 of the table next to that municipal area:
| Column 1 – Municipal areas | Column 2 – No. of Councillors |
| 1. Central Derwent Lakes | 9 |
| 2. Circular Head | 9 |
| 3. Clarence | 12 |
| 4. Flinders | 7 |
| 5. Glenorchy | 12 |
| 6. Greater Braddon | 12 |
| 7. Hobart | 12 |
| 8. King Island | 7 |
| 9. Launceston Tamar | 12 |
| 10. North East | 9 |
| 11. Northern Central | 9 |
| 12. South East | 9 |
| 13. Southern | 9 |
| 14. West Coast | 9 |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Municipal Areas | Council Names | No. of Councillors | Electoral Districts | No. of Councillors for each electoral district |
| 1. Central Derwent Lakes (CPR 4099) | Central Derwent Lakes Council | 9 | ... | ... |
| 2. Circular Head (CPR 4102) | Circular Head Council | 9 | .... | .... |
| 3. Clarence (CPR 4103) | Clarence City Council | 12 | ... | ... |
| 4. Flinders (CPR 4092) | Flinders Council | 7 | .... | .... |
| 5. Glenorchy (CPR 4104) | Glenorchy City Council | 12 | .... | .... |
| 6. Greater Braddon (CPR 4100) | Greater Braddon Council | 12 | .... | .... |
| 7. Hobart (CPR 4105) | Hobart City Council | 12 | .... | .... |
| 8. King Island (CPR 4091) | King Island Council | 7 | .... | .... |
| 9. Launceston Tamar (CPR 4093) | Launceston Tamar City Council | 12 | .... | .... |
| 10. North East (CPR 4094) | North East Council | 9 | .... | .... |
| 11. Northern Central (CPR 4098) | Northern Central Council | 9 | .... | .... |
| 12. South East (CPR 4095) | South East Council | 9 | .... | .... |
| 13. Southern (CPR 4097) | Southern Council | 9 | .... | .... |
| 14. West Coast (CPR 4101) | West Coast Council | 9 | .... | .... |
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This order may be cited as the Local Government (Restructuring) Order 1998 .
2 Commencement
2 Commencement
(1) Clauses 1 , 2 , 3 and 11 take effect on the day on which the making of this order is notified in the Gazette.
(2) The remaining provisions of this order take effect on the day on which copies of certificates of the results of the elections to be held on 25 August 1998 are published in the Gazette under section 304 of the Local Government Act 1993.
3 Interpretation
3 Interpretation
(1) In this order, a reference to a Plan is a reference to a Plan contained in the Central Plan Register.
(2) The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were by-laws.
4 Abolition of municipal areas and electoral districts
4 Abolition of municipal areas and electoral districts
(1) The following municipal areas are abolished:
(a) Break O'Day;
(b) Brighton;
(c) Burnie;
(d) Central Coast;
(e) Central Highlands;
(f) Clarence;
(g) Derwent Valley;
(h) Devonport;
(i) Dorset;
(j) George Town;
(k) Glamorgan-Spring Bay;
(l) Huon Valley;
(m) Kentish;
(n) Kingborough;
Dismisses all councillors of Flinders Council and King Island Council (cl. 9).
Fixes the number of councillors for 14 municipal areas by reference to the table in cl. 10, for example 12 councillors for Clarence and Hobart, 7 for Flinders and King Island, 9 for a range of others.
Revokes the Local Government (Elections) Order (No. 2) 1998 (cl. 12).
Repeals Schedule 3 to the Local Government Act 1993 and substitutes a new Schedule 3 that lists municipal areas, council names, numbers of councillors and plan references (cl. 13). The substituted Schedule 3 is displayed in the order and refers to sections 16, 17, 18, 25 and 45 of the Local Government Act 1993.
Commencement is staged: clauses 1, 2, 3 and 11 take effect on the day the making of the order is notified in the Gazette, and the remaining provisions take effect on the day certificates of the results of elections to be held on 25 August 1998 are published in the Gazette under s 304 of the Local Government Act 1993 (cl. 2(1)-(2)). The order was notified in the Gazette on 22 June 1998 and is administered in the Department of Premier and Cabinet, as stated at the end of the order.
The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws (cl. 3(2)). The order also contains a revocation of clause 11 itself by S.R. 1998 No. 119 (note to cl. 11).
Main concepts
The order operates through a small set of legislative devices: abolition, creation, boundary definition by plan, dismissal of office-holders, numeric prescriptions for representation, statutory substitution of a schedule in a principal Act, and staged commencement tied to election certification. These are the concrete legal concepts that drive the instrument.
Abolition of municipal areas and councils. Clause 4(1) lists municipal areas that are abolished; clause 5 states the councils of those municipal areas are abolished. Abolition removes the statutory entity that carried powers and responsibilities prior to this order. The order does not restate residual powers or transitional arrangements in any detailed way within the text provided.
Creation and naming of municipal areas and councils. Clause 7(1) creates municipal areas and defines their boundaries by reference to plans (see also cl. 6), while cl. 7(2) creates and names the corresponding councils. Creation is effected by naming the area and citing the plan number that defines the boundary. The substituted Schedule 3 (cl. 13) mirrors that structure in tabular form.
Boundary definition by plan. Clauses 6 and 7 rely on Plans recorded in the Central Plan Register; cl. 3(1) defines "Plan" for the order. The reliance on plans transfers technical boundary definition and mapping into an external register rather than embedding metes and bounds in the text. The specific plan numbers are provided: 4099, 4100, 4101, 4103, 4093, 4094, 4098, 4095, 4097, 4104, 4105, 4101, and others referenced elsewhere.
Numeric prescription of representation. Clause 10 prescribes the exact number of councillors to be elected for each listed municipal area. The substituted Schedule 3 in cl. 13 reproduces the municipal areas, council names, and the number of councillors in Column 3 of the Schedule table. This is a prescriptive rule about council composition, not a delegation to a subsequent regulation maker.
Dismissal of serving councillors. Clause 9 effectuates immediate removal of all councillors of Flinders Council and King Island Council once the clause commences. The provision is categorical: "All the councillors ... are dismissed." There is no express process or appeal mechanism contained in the order text provided.
Statutory substitution into the Local Government Act 1993. Clause 13 repeals Schedule 3 to the Local Government Act 1993 and substitutes a new Schedule 3. The substituted schedule is expressed to be relevant to sections 16, 17, 18, 25 and 45 of the Act, indicating the structural link between the order and the principal Act's operative provisions about municipal areas and representation.
Commencement tethered to election certification. Clause 2 stages commencement and connects the operative effect of most of the order to the publication in the Gazette of certificates of results of elections to be held on 25 August 1998 under s 304 of the Local Government Act 1993. This makes the effective date contingent on an administrative electoral certification process.
Interpretation treatment. Clause 3(2) imports the Acts Interpretation Act 1931 to apply as if the order were by-laws. That affects how the order is to be interpreted and may import rules about construction typically applied to subordinate legislation.
Revocation and administrative status. Clause 12 revokes a prior elections order. The order is administered in the Department of Premier and Cabinet and is displayed in accordance with the Rules Publication Act 1953; it is also dated and notified in the Gazette (final lines).
These concepts interact: abolition removes entities created previously, creation and boundary-definition set up new entities via plan references, the substituted Schedule 3 integrates the new municipal structure into the Local Government Act 1993, and staged commencement ties the changes to an electoral event and its certification.
Who it affects
The order affects a set of discrete actors and legal entities. The primary affected categories are local government entities and office-holders, the electoral administration for local government elections, the Department of Premier and Cabinet as administrator, and any person or business whose local government boundaries or governance arrangements change as a result.
Councils and municipal areas named. The order directly abolishes the municipal areas listed in cl. 4(1) and abolishes the corresponding councils under cl. 5. Persons and entities that were within those municipal areas become subject to the newly created municipal areas set out in cl. 7(1), or to municipal areas whose boundaries were altered under cl. 6. The list in cl. 4(1) includes specific municipal areas; the new municipal areas created are listed in cl. 7(1) and cl. 7(2). The substituted Schedule 3 (cl. 13) contains the final list of municipal areas and council names that will operate under the Local Government Act 1993.
Serving councillors. Clause 9 dismisses all councillors of Flinders Council and King Island Council. Those office-holders therefore lose office as from the commencement of the clause. Clause 10 sets numerical representation for many municipal areas, which will affect persons seeking election and political actors planning contests and ticketing. The order does not preserve or transfer individual councillors from abolished councils into new councils.
Electors. The electoral districts in the municipal area of Launceston are abolished (cl. 4(2)). Electors within areas whose municipal boundaries are changed will face a new electoral map and a possibly different council structure and number of councillors (cl. 10 sets numbers). Clause 2(2) ties the operative provisions to the certification of elections held 25 August 1998, indicating the order contemplates elections as the mechanism by which the new councils will acquire democratic legitimacy. Clause 12 revokes a prior Local Government (Elections) Order, which may change the legal instrument governing electoral mechanics, although the substantive electoral law in the Local Government Act 1993 itself remains the statutory base.
Department of Premier and Cabinet. The order states that it is administered in the Department of Premier and Cabinet (end note). The department therefore carries responsibility for overseeing implementation, gazettal and any administrative tasks related to the structural change.
Users of the Central Plan Register and mapping authorities. The effect of the order depends on plan references recorded in the Central Plan Register (cl. 3(1)). Users needing the precise boundary descriptions must consult the Plan numbers cited (for example Plan No. 4104 for Glenorchy). Any entity relying on municipal boundaries for rates, service delivery, development approvals or local governance must review the relevant CPR plans.
Parties to statutory duties tied to sections of the Local Government Act 1993. Clause 13 replaces Schedule 3 to the Local Government Act 1993, a Schedule referenced to sections 16, 17, 18, 25 and 45 of the Act. Those sections will operate with the new municipal area and council mapping in Schedule 3; therefore, statutory duties and powers that flow from those sections will attach to the newly listed municipal areas and council names.
The order does not include express provisions about staff, contracts, or assets and liabilities of abolished councils. The document therefore does not itself fix transitional arrangements for employment, property, or agreements. Those matters may be handled under the Local Government Act 1993, other statutory provisions, or by administrative action, none of which are specified in the text provided.
Key duties and rights
The order is primarily structural and prescriptive; it does not itself create a broad set of operational duties or private rights beyond the express items listed. However, it resets the statutory framework in which duties and rights under the Local Government Act 1993 operate. The following are the concrete duties and rights established or implicated by the order.
Duty to give effect to boundary definitions using Plans. The order defines boundaries by reference to specific Plan numbers in the Central Plan Register (cl. 6(1)-(3), cl. 7(1)). Agencies and councils have an implicit duty to apply those plan-based boundaries in any function that depends on municipal boundaries. Clause 3(1) explicitly defines "Plan" to mean a Plan in the Central Plan Register, so the authoritative boundary definitions are off-text and recorded in the CPR. Users must consult the CPR to determine precise lines.
Right and duty regarding representation numbers. Clause 10 fixes the number of persons to be elected as councillors for each municipal area listed. This establishes a legal right to a set number of elected members per council and imposes a duty on electoral administrators to fill that number by election. Clause 13 reproduces those numbers in the substituted Schedule 3, binding the Local Government Act 1993 machinery to operate with those numbers. Election organisers and prospective candidates must work within these prescribed numbers.
Loss of office for specified councillors. Clause 9 dismisses all councillors of Flinders Council and King Island Council. That provision effects a loss of office, which is a legal removal of the rights and functions of those councillors. The order contains no provision reinstating rights to compensation or appeal, nor does it set out an alternative temporary governance arrangement in the clause text provided. Any duties previously carried by those councillors cease on dismissal.
Creation of councils and municipal areas with attendant legal personality under the Local Government Act 1993. Clause 7(2) creates councils by name. Once the substituted Schedule 3 takes effect in the Local Government Act 1993 (cl. 13), statutory duties and powers conferred by the Act and by other laws that apply to councils will attach to the created council entities. The order itself does not enumerate those powers, but it places the councils into the statutory map to which the Act's powers attach (see the Schedule header referencing ss 16, 17, 18, 25 and 45).
Right to city status. Clause 8 declares Clarence and Launceston Tamar to be cities. The order records that declaration. Whether the status carries particular statutory consequences under other provisions of the Local Government Act 1993 or elsewhere is not specified within the instrument. The order confers the declaratory fact of city status.
Duty to observe the Acts Interpretation Act 1931 approach. Clause 3(2) provides that the Acts Interpretation Act 1931 applies to interpretation as if the order were by-laws. This imports certain interpretive presumptions and rules when construing the order, and consequently applies a duty on courts and administrators to read the order with those rules in mind.
Duty to implement changes following the staged commencement. Clause 2 sets staged commencement linked to Gazette notification and to the publication of election certificates under s 304 of the Local Government Act 1993. Actors with implementation responsibilities have a timing duty. The earlier subset of clauses (1, 2, 3 and the revoked clause 11) took effect on Gazette notification; the balance of duties and rights depended on the later certification step.
Revocation of an elections order. Clause 12 revokes the Local Government (Elections) Order (No. 2) 1998. Any duties created by that revoked order no longer apply from the point of revocation. Electoral administrators and candidates must follow the remaining applicable electoral law.
The instrument does not itself specify operational duties concerning staff transfer, asset disposition, rates, contracts or procedural transitional steps for abolished councils. Those duties, if any, would need to be found in the Local Government Act 1993 or arranged administratively. The order’s substitution of Schedule 3 into the Act is the key mechanism by which the Act’s substantive duties and rights become associated with the new municipal map.
Penalties and enforcement
The text of the order contains no express penalty provisions, enforcement mechanisms, or criminal or civil sanctioning clauses specific to non-compliance with the order itself. The following points are drawn from the instrument’s content about enforcement and legal consequence.
No penalty provisions in the order. There are no clauses in the order that create offences, fines, or enforcement paths specific to contraventions of the order. The order is a structural reorganisation instrument that effects abolition and creation, but enforcement of the order’s terms (for example ensuring elections are held and councillor numbers are respected) would proceed through the ordinary machinery of the Local Government Act 1993 and electoral law rather than by penalties contained in the order.
Administrative implementation responsibility. The order is administered in the Department of Premier and Cabinet (final lines). Practical enforcement and administrative steps to implement the order, such as ensuring the Central Plan Register contains the authoritative plans and that electoral certifications are published in the Gazette, will be carried out by relevant administrative bodies. Any failure to perform those administrative steps would be an operational matter rather than a statutory offence under the order.
Interaction with the Local Government Act 1993. Clause 13 substitutes Schedule 3 into the Local Government Act 1993, which is the Act that contains the statutory regime governing council duties, elections, and related enforcement provisions. Where the Act imposes sanctions or remedial mechanisms tied to municipal area definitions, those mechanisms will operate against the newly declared municipal areas and councils as the Act provides. The order itself does not modify those sanctioning provisions except by altering the Schedule content that the Act references.
Revocation of other subordinate rules. Clause 12 revokes the Local Government (Elections) Order (No. 2) 1998. Any enforcement or penalty provisions that were included in that revoked order cease to have effect on revocation. The order does not replace or create an alternative subordinate instrument that contains enforcement provisions.
Judicial supervision. Because the Acts Interpretation Act 1931 applies to interpretation (cl. 3(2)), judicial or tribunal interpretation of the order will proceed under the interpretive rules applicable to by-laws. If a person sought a legal remedy to challenge an action under the order, the usual avenues of judicial review or statutory appeal under general administrative law or the Local Government Act 1993 would be available, subject to any statutory bars. The order itself contains no bespoke dispute-resolution path.
In short, the order achieves structural changes without specifying new penalty regimes. Enforcement and consequences for non-implementation or disputes should be sought within the Local Government Act 1993, electoral law, or through administrative and judicial processes rather than from any penalties embedded in this order.
How it interacts with other laws
The order explicitly interacts with a small set of statutes and registers. The text itself makes cross-references and consequential amendments which determine how it operates within the broader legal framework.
Local Government Act 1993. Clause 13 directly amends the Local Government Act 1993 by repealing Schedule 3 and substituting a new Schedule 3 that lists municipal areas, council names, numbers of councillors and plan references. The substituted schedule is expressed to be related to sections 16, 17, 18, 25 and 45 of the Local Government Act 1993. The order therefore changes the operative municipal map used by that Act, meaning all provisions of the Act which depend on Schedule 3 will operate against the newly listed municipal areas and councils. Clause 2(2) also ties commencement of most of the order to publication of certificates of election results "under section 304 of the Local Government Act 1993", thereby explicitly using that Act’s electoral certification mechanism as a trigger.
Acts Interpretation Act 1931. Clause 3(2) provides that the Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. This imports standard interpretive rules and presumptions into the order, aligning its construction with the legislative interpretation regime for subordinate instruments.
Central Plan Register, mapping regime. Clause 3(1) defines "Plan" as a Plan in the Central Plan Register. Clauses 6 and 7 rely on specific Plan numbers in the Central Plan Register to define municipal boundaries. The order therefore depends on the CPR's role and status as the authoritative repository for boundary plans, and interacts operationally with any laws or regulations governing the CPR.
Local Government (Elections) Order (No. 2) 1998. Clause 12 revokes that subordinate order. This interaction removes a subordinate instrument that previously governed some aspect of local government elections, although the order does not insert a replacement elections order within its text. Electoral conduct will proceed under remaining election law and any other subordinate instruments in force.
Rules Publication Act 1953. The order is displayed and numbered in accordance with the Rules Publication Act 1953, and it was notified in the Gazette on 22 June 1998. This indicates compliance with the publication and registration regime required of instruments of this kind.
Statutory sequencing and administrative law. While not directly stated as a cross-reference, the order’s staged commencement and the dismissal of councillors (cl. 9) interact with the administrative law principles and the statutory frameworks that govern employment, property, and contract, insofar as those matters touch the abolished or created councils. The order does not itself resolve issues relating to staff transfers, asset and liability allocation, rates continuity or contractual novation. Those matters will interact with the Local Government Act 1993 and other statutes or administrative arrangements.
Electoral law and certification. Because commencement of most provisions is tied to publication of election result certificates under s 304 of the Local Government Act 1993 (cl. 2(2)), the order depends on the operation of that section and on any procedural rules about the conduct, certification and gazettal of elections. The revocation in cl. 12 may alter which subordinate electoral rules apply.
City status declarations. Clause 8 declares Clarence and Launceston Tamar to be cities. Whether city status triggers consequences under other laws depends on those laws. The order itself records the declaratory act; interactions with other statutes must be inferred by consulting those statutes. The order does not itself specify any cross-legislative effects of city status.
All interactions in this order are achieved by direct textual amendment of the Schedule to the Local Government Act 1993, by reference to plan registers, by revocation of a prior subordinate order, and by linking commencement to an electoral certification mechanism in the Local Government Act 1993. The order does not set out ancillary transitional provisions for employment, rates, assets, liabilities or contracts; those interactions must be managed under other statutory or administrative provisions.
Amendment history
The instrument contains a small set of internal amendment and revocation items and external amendment effects. The text provides the following concrete amendment history points.
Citation and notification. The order may be cited as the Local Government (Restructuring) Order 1998 (cl. 1). It was notified in the Gazette on 22 June 1998, as stated in the final lines of the instrument. Clause 2(1) records that clauses 1, 2, 3 and 11 took effect on the day the making of the order was notified in the Gazette.
Staged commencement tied to electoral certificates. Clause 2(2) provides that the remaining provisions took effect on the day on which copies of certificates of the results of the elections to be held on 25 August 1998 were published in the Gazette under s 304 of the Local Government Act 1993. That staging ties the operative enactment of most of the order to an electoral certification event.
Revocation within the instrument. Clause 11 was revoked by S.R. 1998, No. 119, applied 07 Aug 1998. The order itself includes a marginal note that clause 11 was revoked; the marginal note references the revoking statutory rule and date. The content of clause 11 is not present because of that revocation note. Clause 2(1) indicates clauses 1, 2, 3 and 11 took effect on Gazette notification; the revocation note indicates that clause 11 was later revoked by a further subordinate instrument.
Revocation of a prior elections order. Clause 12 revokes the Local Government (Elections) Order (No. 2) 1998. That is an express revocation of a prior subordinate instrument that governed elections, and the revocation takes effect as part of this order. The order does not, within its text, substitute a new elections order; it only revokes the prior instrument.
Amendment to the Local Government Act 1993. Clause 13 repeals Schedule 3 to the Local Government Act 1993 and substitutes a new Schedule 3. The substituted Schedule 3 is displayed in the text and is expressed to be relevant to sections 16, 17, 18, 25 and 45 of the Local Government Act 1993. The new Schedule 3 lists municipal areas, council names, and the number of councillors with plan (CPR) references. The Schedule is printed and displayed in accordance with the Rules Publication Act 1953.
Administration and display. The order records that it is administered in the Department of Premier and Cabinet and that it was displayed and numbered in accordance with the Rules Publication Act 1953.
Beyond these items, the order itself does not contain a history of prior amendments to its text other than the revocation of clause 11. Any further amendment history (subsequent revocations, judicial determinations, or later amending orders) is not contained in the text provided.
Litigation history
The document provided contains no references to litigation, court decisions, or tribunal determinations concerning this order. The order does not record any judicial consideration or legal challenges. Therefore, based solely on the text, there is no litigation history included in the instrument.
Practitioners should note that the absence of litigation history in the instrument does not mean none exists; it only means that no cases or legal proceedings are referenced in the order itself. Any litigation that may have arisen in connection with the order, such as judicial review of dismissals, disputes about boundary interpretation of the CPR plans, challenges to the revocation of a previous elections order, or disputes over transitional asset and personnel treatment, would have to be identified from external case law or tribunal records, which are not contained in this instrument.
Gotchas
The order is compact in form but contains several practical traps and implementation points that can cause confusion if not attended to. These are concrete legal and administrative "gotchas" derived from the text.
Reliance on plan references in the Central Plan Register. Boundaries are defined by plan numbers (cl. 6, cl. 7). The order does not reproduce boundary descriptions in words. Practitioners must access the Central Plan Register and the specific Plan Nos cited (for example Plan No. 4104 for Glenorchy, Plan No. 4105 for Hobart, Plan No. 4101 for West Coast, and the plan numbers in cl. 7) to determine exact boundaries. Failure to consult the CPR could lead to incorrect assumptions about municipal limits. Clause 3(1) makes this reliance explicit.
Staged commencement tied to election certification. Most operative provisions depend on publication of certificates of election results under s 304 of the Local Government Act 1993 (cl. 2(2)). There is therefore a contingent effective date. If the electoral certification process is delayed, the effective date of abolition, creation, councillor dismissals and councillor-number prescriptions is delayed too. Implementation planning must align with that certification step.
Dismissal of councillors without transitional provisions in-text. Clause 9 dismisses all councillors of Flinders Council and King Island Council. The order does not set out transitional mechanisms for governance during the interregnum, nor does it address staff, contracts, rates, or assets. Practitioners should not assume transitional arrangements are provided within this order; they will need to locate where in the Local Government Act 1993 or in administrative arrangements those practical matters are dealt with.
Substitute Schedule 3 contains placeholders. The substituted Schedule 3 reproduced in cl. 13 and at the end of the order contains ellipses "..." and "...." in Columns 4 and 5 (Electoral Districts and No. of Councillors for each electoral district). That indicates the Schedule, as printed here, does not set out detailed electoral district divisions within some councils. Users seeking fine-grained district-level representation details must look beyond the text provided.
Revocation of a prior elections order without replacement in-text. Clause 12 revokes the Local Government (Elections) Order (No. 2) 1998. The order does not itself set out an alternative subordinate elections order within its text. Practitioners must determine what electoral instruments or rules remain applicable for the 25 August 1998 elections and for subsequent elections. Do not assume the revoked order’s provisions continue to apply.
Acts Interpretation Act applied as if by-laws. Clause 3(2) requires interpretation as if the order were by-laws, which may alter customary interpretive presumptions. This can affect how courts construe ambiguous clauses. Treat ambiguities with attention to the Acts Interpretation Act rules.
Clause 11 revoked. The text shows clause 11 was revoked by S.R. 1998 No. 119 applied 07 Aug 1998. If any transactional advice or historical tracing relied on clause 11, confirm the content and effect of the revoking instrument. The order’s internal numbering and references therefore must be checked against the consolidated instrument state.
City declarations are declaratory only in the order. Clause 8 declares Clarence and Launceston Tamar to be cities. The order does not, within its text, attach further consequences or benefits to that declaration. Verify any statutory or regulatory consequences of "city" status in the Local Government Act 1993 or elsewhere rather than assuming particular legal entitlements flow automatically from the declaration.
Differences between textual tables and on-the-ground effects. The substituted Schedule 3 lists municipal areas and councillor numbers with CPR references. Where the Schedule contains ellipses for electoral districts, on-the-ground electoral arrangements will require separate detail. Do not rely on the printed Schedule alone for district-level electoral planning.
Careful administrative cross-checking with the Central Plan Register, the Department of Premier and Cabinet, the Local Government Act 1993, the Gazette publications (noting the dates and certification steps), and any subsequent subordinate instruments is essential to avoid operational mistakes.
How to comply
For councils, electoral administrators, Departmental officers and affected stakeholders, compliance is a mixture of documentary, electoral and administrative tasks. The order is short on transitional mechanics, so compliance requires a sequence of concrete steps tied to its provisions.
Consult the Gazette and confirm commencement dates. Clause 2(1) and (2) stage commencement. Confirm the date of Gazette notification and the date of publication of election result certificates under s 304 of the Local Government Act 1993. The majority of the order’s provisions take effect only when those certificates are published (cl. 2(2)). Ensure administrative calendars and staffing changes are aligned to those dates.
Retrieve and rely on the Central Plan Register plans. Clause 3(1) defines "Plan" as a Plan in the Central Plan Register. For every boundary change or new municipal area reference (cl. 6 and cl. 7), obtain the specific Plan No. from the CPR (for example Plan Nos 4099, 4103, 4100, 4093, 4094, 4098, 4095, 4097, 4104, 4105, 4101, etc.). Use the CPR plans for rates notices, service delivery areas, development approvals, and electoral roll mapping.
Prepare for elections on 25 August 1998 in line with the staged commencement. The order ties operative effect to certificates of election results from the 25 August 1998 elections (cl. 2(2)). Electoral administrators must prepare ballots, notices and candidate information consistent with the new municipal areas and with the number of councillors set by cl. 10 and cl. 13 (Schedule 3). Because cl. 12 revokes the Local Government (Elections) Order (No. 2) 1998, confirm which subordinate instruments govern the conduct of the election and ensure election rules applied are the ones in force at the relevant time.
Implement councillor numbers precisely. Clause 10 prescribes the number of councillors to be elected per municipal area. Ensure nomination forms, ballot design, and counting rules are organised to fill the exact numbers set. Clause 13 reproduces these numbers in Schedule 3, so councils must finish the electoral process in a way that yields the prescribed council composition.
Effect the dismissals and provide interim governance arrangements. Clause 9 dismisses all councillors of Flinders and King Island Councils. Ensure administrative continuity by arranging for interim executive or administrator appointments if required under other statutory powers. The order does not itself provide transitional administrative arrangements for governance, staff, assets, rates or contracts. Seek authority under the Local Government Act 1993 or obtain ministerial/departmental directions for interim management.
Update statutory and administrative records. Replace references to abolished councils and municipal areas in internal systems, databases, rate books, contracts and communications. Update references in the Local Government Act 1993 context by ensuring the substituted Schedule 3 is reflected in departmental records and in public-facing materials. Note that the substituted Schedule 3 contains placeholders for electoral districts; obtain authoritative district-level data where necessary.
Review contracts, staff and assets. The order does not address staff, contracts, property or liabilities. Conduct an audit of contractual arrangements, employment instruments and property titles to identify where novation, assignment or legislative transfer is required. Seek the statutory basis for any transfers under the Local Government Act 1993 or obtain administrative directions from the Department of Premier and Cabinet.
Check the status of revoked subordinate instruments. Clause 12 revokes a prior elections order. Verify which subordinate instruments remain in force to govern electoral procedures and ensure compliance with those instruments. If necessary, seek guidance from the Department of Premier and Cabinet about any gaps in electoral regulation produced by the revocation.
Use the Acts Interpretation Act 1931 rules where ambiguity arises. Clause 3(2) applies the Acts Interpretation Act 1931 to construction of the order as if it were by-laws. Where ambiguity or interpretive questions arise about dates, scope or plan references, apply the interpretive rules set out in that Act.
Document decisions and publish notices in the Gazette where required. The order was displayed and numbered under the Rules Publication Act 1953 and notified in the Gazette (final lines). Ensure any subsequent administrative notices or certificates required by the Local Government Act 1993 are published in the Gazette as mandated, particularly election certification under s 304 which triggers the order’s operative effect.
Seek legal confirmation for unresolved transitional issues. Because the order does not specify asset, staff or contractual transition rules, obtain legal advice or departmental directives on whether transfers or compensation mechanisms are available under the Local Government Act 1993 or other statutes. Where duties or liabilities are unclear, prepare for possible legal challenges and document administrative decisions to reduce legal risk.
In all these steps, rely on the precise clause language. The order is silent on many practical transitional matters; compliance therefore requires coordination with the Local Government Act 1993, the Central Plan Register, the Department of Premier and Cabinet, and electoral authorities.
Section 6Alteration and definition of boundaries of municipal areas
(2) The electoral districts in the municipal area of Launceston are abolished.
5 Abolition of councils
5 Abolition of councils
The councils of the municipal areas specified in clause 4(1) are abolished.
6 Alteration and definition of boundaries of municipal areas
6 Alteration and definition of boundaries of municipal areas
(1) The boundaries of the municipal area of Glenorchy are altered and defined as indicated by a heavy black line on Plan No. 4104.
(2) The boundaries of the municipal area of Hobart are altered and defined as indicated by a heavy black line on Plan No. 4105.
(3) The boundaries of the municipal area of West Coast are altered and defined as indicated by a heavy black line on Plan No. 4101.
7 Creation of municipal areas and councils
7 Creation of municipal areas and councils
(1) Municipal areas are created and named as specified in column 1 of the table below and their boundaries are defined as indicated on the plans specified in column 2 of that table:
| Column 1 – Municipal areas | Column 2 – Plan No. |
| 1. Central Derwent Lakes | 4099 |
| 2. Clarence | 4103 |
| 3. Greater Braddon | 4100 |
| 4. Launceston Tamar | 4093 |
| 5. North East | 4094 |
| 6. Northern Central | 4098 |
| 7. South East | 4095 |
| 8. Southern | 4097 |
(2) The councils for the municipal areas specified in column 1 of the table below are created and named as specified in column 2 of that table:
| Column 1 – Municipal areas | Column 2 – Councils |
| 1. Central Derwent Lakes | Central Derwent Lakes Council |
| 2. Clarence | Clarence City Council |
| 3. Greater Braddon | Greater Braddon Council |
| 4. Launceston Tamar | Launceston Tamar City Council |
| 5. North East | North East Council |
| 6. Northern Central | Northern Central Council |
| 7. South East | South East Council |
| 8. Southern | Southern Council |
8 Declaration of cities
8 Declaration of cities
The following municipal areas created under clause 7(1) are declared to be cities:
(a) Clarence;
(b) Launceston Tamar.
9 Dismissal of councillors
9 Dismissal of councillors
All the councillors of the Flinders Council and the King Island Council are dismissed.
10 Number of councillors in municipal areas
10 Number of councillors in municipal areas
The number of persons to be elected as councillors in a municipal area specified in column 1 of the following table is the number specified in column 2 of the table next to that municipal area:
| Column 1 – Municipal areas | Column 2 – No. of Councillors |
| 1. Central Derwent Lakes | 9 |
| 2. Circular Head | 9 |
| 3. Clarence | 12 |
| 4. Flinders | 7 |
| 5. Glenorchy | 12 |
| 6. Greater Braddon | 12 |
| 7. Hobart | 12 |
| 8. King Island | 7 |
| 9. Launceston Tamar | 12 |
| 10. North East | 9 |
| 11. Northern Central | 9 |
| 12. South East | 9 |
| 13. Southern | 9 |
| 14. West Coast | 9 |
11.
[Clause 11 Revoked by S.R. 1998, No. 119, Applied:07 Aug 1998]
12 Local Government (Elections) Order (No. 2) 1998 revoked
12 Local Government (Elections) Order (No. 2) 1998 revoked
The Local Government (Elections) Order (No. 2) 1998 is revoked.
13 Local Government Act 1993 amended
13 Local Government Act 1993 amended
Schedule 3 to theLocal Government Act 1993 is repealed and the following Schedule is substituted:
SCHEDULE 3 - Municipal areas and councils
Sections 16 , 17 , 18 , 25 and 45
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Municipal Areas | Council Names | No. of Councillors | Electoral Districts | No. of Councillors for each electoral district |
| 1. Central Derwent Lakes (CPR 4099) | Central Derwent Lakes Council | 9 | ... | ... |
| 2. Circular Head (CPR 4102) | Circular Head Council | 9 | .... | .... |
| 3. Clarence (CPR 4103) | Clarence City Council | 12 | ... | ... |
| 4. Flinders (CPR 4092) | Flinders Council | 7 | .... | .... |
| 5. Glenorchy (CPR 4104) | Glenorchy City Council | 12 | .... | .... |
| 6. Greater Braddon (CPR 4100) | Greater Braddon Council | 12 | .... | .... |
| 7. Hobart (CPR 4105) | Hobart City Council | 12 | .... | .... |
| 8. King Island (CPR 4091) | King Island Council | 7 | .... | .... |
| 9. Launceston Tamar (CPR 4093) | Launceston Tamar City Council | 12 | .... | .... |
| 10. North East (CPR 4094) | North East Council | 9 | .... | .... |
| 11. Northern Central (CPR 4098) | Northern Central Council | 9 | .... | .... |
| 12. South East (CPR 4095) | South East Council | 9 | .... | .... |
| 13. Southern (CPR 4097) | Southern Council | 9 | .... | .... |
| 14. West Coast (CPR 4101) | West Coast Council | 9 | .... | .... |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 June 1998
This order is administered in the Department of Premier and Cabinet.
SCHEDULE 3 - Municipal areas a SCHEDULE 3 - Municipal areas and councils
SCHEDULE 3 - Municipal areas a SCHEDULE 3 - Municipal areas and councils
Sections 16 , 17 , 18 , 25 and 45
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Municipal Areas | Council Names | No. of Councillors | Electoral Districts | No. of Councillors for each electoral district |
| 1. Central Derwent Lakes (CPR 4099) | Central Derwent Lakes Council | 9 | ... | ... |
| 2. Circular Head (CPR 4102) | Circular Head Council | 9 | .... | .... |
| 3. Clarence (CPR 4103) | Clarence City Council | 12 | ... | ... |
| 4. Flinders (CPR 4092) | Flinders Council | 7 | .... | .... |
| 5. Glenorchy (CPR 4104) | Glenorchy City Council | 12 | .... | .... |
| 6. Greater Braddon (CPR 4100) | Greater Braddon Council | 12 | .... | .... |
| 7. Hobart (CPR 4105) | Hobart City Council | 12 | .... | .... |
| 8. King Island (CPR 4091) | King Island Council | 7 | .... | .... |
| 9. Launceston Tamar (CPR 4093) | Launceston Tamar City Council | 12 | .... | .... |
| 10. North East (CPR 4094) | North East Council | 9 | .... | .... |
| 11. Northern Central (CPR 4098) | Northern Central Council | 9 | .... | .... |
| 12. South East (CPR 4095) | South East Council | 9 | .... | .... |
| 13. Southern (CPR 4097) | Southern Council | 9 | .... | .... |
| 14. West Coast (CPR 4101) | West Coast Council | 9 | .... | .... |