An Act to provide for the appointment of Commissioners to administer the City of Sydney during a limited period; to alter the boundaries of the City of Sydney and of certain municipalities and to constitute a separate municipality under the name of the Municipality of Northcott; to provide for the administration of that municipality, during a limited period, by Commissioners; to reconstitute the Sydney County Council; to amend the Local Government Act 1919, and certain other Acts in certain respects; and for purposes connected therewith.
Part 1 Preliminary
1 Name of Act, construction and commencement
(1) This Act may be cited as the Local Government (City of Sydney Boundaries) Act 1967.(2) This Act shall be read and construed with the Principal Act.(3) Except where otherwise in this Act provided, this Act shall commence upon the day upon which the assent of Her Majesty to this Act is signified.(4) Parts 3 and 6 of this Act shall commence upon a day to be appointed by the Governor and notified by proclamation, which day shall be not earlier than the day referred to in section ten of this Act.
2 (Repealed)
s 2: Am 1979 No 205, Sch 1. Rep 1999 No 31, Sch 5.66.
3 Definitions
In this Act, unless the context or subject matter otherwise indicates or requires:Appointed day means the day appointed by the Governor pursuant to subsection four of section one of this Act.Principal Act means the Local Government Act 1919, as amended by subsequent Acts.Schedule means Schedule to this Act.
Part 2 Appointment of Commissioners to act as Council of the City of Sydney
4 Appointment of Commissioners
(1) The Governor may by proclamation appoint three persons who shall be Commissioners for the purposes of this Act.(2) Two of the persons so appointed shall, by the instruments of their appointment, be appointed respectively as the Chief Commissioner and the Deputy Chief Commissioner.(3) The Chief Commissioner shall devote the whole of his time to the duties of his office.(4) The Commissioners shall hold office as Commissioners until the day upon which the elections referred to in subsection one of section twenty-five of this Act are held or where those elections are held on different days until the later of those days.
5 Deputy Commissioners
(1) During the absence from office or illness of the Chief Commissioner, the Deputy Chief Commissioner shall act in the place of the Chief Commissioner and while so acting shall have, exercise and discharge all the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed on the Chief Commissioner by or under this Act.(2) The Governor may appoint some person to act in the place of a Commissioner during his absence from office or illness and any person so appointed shall, while so acting, have, exercise and discharge all the responsibilities, liabilities, powers, authorities, duties and functions conferred on a Commissioner by or under this Act.(3) A reference in this Act:(a) to the Chief Commissioner includes a reference to the Deputy Chief Commissioner while acting as the Chief Commissioner, and(b) to the Commissioners includes a reference to any person appointed to act as a Commissioner pursuant to subsection two of this section.(4) No person shall be concerned to inquire whether any occasion has arisen requiring or authorising the Deputy Chief Commissioner to act in the place of the Chief Commissioner or any person to act in the place of a Commissioner; and all acts or things done or omitted to be done by the Deputy Chief Commissioner or such a person, as the case may be, while so acting, shall be as valid and effectual and shall have the same consequence as if they had been done by the Chief Commissioner or a Commissioner, as the case may be.
6 Remuneration of Commissioners
(1) Each of the Commissioners shall receive such remuneration and allowances as the Governor may from time to time determine in respect of them and the remuneration and allowances shall be paid out of the General Fund of the Council of the City of Sydney.(2) Where a Commissioner is an officer of the Public Service or of a statutory body representing the Crown he shall notwithstanding the provisions of any Act or of any rule or regulation made under any Act be entitled to receive remuneration and allowances under this section in addition to any remuneration to which he is otherwise entitled.(3) Any provision made by or under any Act under which the holder of an office specified therein is required to devote the whole of his time to the duties of his office or is prohibited from engaging in employment outside the duties of his office shall not apply to the holder of that office while he is a Commissioner.(4) The office of a Commissioner shall not for the purposes of any Act be deemed to be an office or place of profit under the Crown.
7 Public Service Act not to apply to appointment of Commissioners
The provisions of the Public Service Act 1902, and any Act amending that Act, shall not apply to or in respect of the appointment by the Governor of any Commissioner, and any Commissioner so appointed shall not, in his capacity as a Commissioner, be subject to the provisions of any such Act during his term of office.
8 Oath of allegiance and declaration of office
(1) Each Commissioner shall, before entering upon the duties of his office, and any person appointed pursuant to subsection two of section five of this Act to act as a Commissioner, shall, before so acting, take an oath of allegiance under and in accordance with the provisions of the Oaths Act 1900, as amended by subsequent Acts, and shall make and subscribe the following declaration of office:I ............................................. having been appointed a Commissioner under the Local Government (City of Sydney Boundaries) Act 1967, do hereby declare that I will truly and faithfully fulfil the duties of that office according to the best of my judgment and ability.(2) If a person, after having been afforded an opportunity of taking the oath and making and subscribing the declaration, neglects to do so for a period of one month after the date on which he is appointed or such extended period after that date as the Governor may appoint pursuant to subsection three of this section, he shall, on the expiration of that period of one month or that extended period, as the case may be, be deemed to have declined to accept office.(3) Where the Governor is satisfied that the delay in taking the oath and making and subscribing the declaration is unavoidable, he may extend the time for taking the oath and making and subscribing the declaration for any period not exceeding one month.
9 Vacation of office
(1) A Commissioner shall be deemed to have vacated his office:(a) if he dies,(b) if he becomes bankrupt, compounds with his creditors, or makes any assignment of any salary, remuneration or allowances payable to him, or of his estate, for their benefit,(c) if without leave granted by the Minister he absents himself from four consecutive meetings, convened pursuant to subsection two of section ten, or subsection two of section fifteen, of this Act, of the Commissioners,(d) if he becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act 1958, as amended by subsequent Acts,(e) if he or she is convicted in New South Wales of an indictable offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,(f) if he resigns his office by writing under his hand addressed to the Governor and his resignation is accepted by the Governor,(g) if he is removed from office by the Governor.(2) The Governor may, for any cause which appears to him sufficient, remove any Commissioner from office.s 9: Am 1999 No 94, sec 7 (1) and Sch 5, Part 1.
10 Commissioners substituted for Council of City of Sydney
(1) On and from a day to be appointed by the Governor and notified by proclamation:(a) the Lord Mayor of the City of Sydney shall cease to hold office as Lord Mayor,(b) the aldermen of the Council of the City of Sydney shall cease to hold office as aldermen,(c) the Commissioners shall, subject to this Act, be deemed to be the Council of the City of Sydney and in the name and on behalf of the corporation, the Council of the City of Sydney, shall, in respect of the City of Sydney, have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed:(i) upon a council of a municipality and upon the Council of the City of Sydney, and(ii) upon them, by or under this Act,(d) the Chief Commissioner shall have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed upon the mayor of a municipality and upon the Lord Mayor of the City of Sydney, and(e) the Commissioners shall be deemed to be aldermen of the City of Sydney:(i) for the purpose of electing members of the Metropolitan Water Sewerage and Drainage Board under the provisions of Part 3 of the Metropolitan Water, Sewerage, and Drainage Act 1924, as amended by subsequent Acts, whether passed before or after the day appointed pursuant to this subsection, and(ii) for the purpose of electing councillors of the Sydney County Council under the provisions of Division 3 of Part 6 of the Gas and Electricity Act 1935, as amended by subsequent Acts, whether passed before or after the day appointed pursuant to this subsection.(2) For the purposes of the exercise and discharge of their responsibilities, liabilities, rights, powers, authorities, duties and functions, the Commissioners shall hold meetings, which shall be convened by the Chief Commissioner at least once in each month and at which:(a) two Commissioners shall form a quorum, and(b) the Chief Commissioner shall preside and, in the event of equality of voting, shall have, in addition to his original vote, a second or casting vote.(3) The time and place of the first meeting of the Commissioners held pursuant to subsection two of this section shall be as determined by the Chief Commissioner, and of subsequent meetings shall be as determined by the Commissioners.(4) The procedure to be followed in the conduct of meetings held pursuant to subsection two of this section shall be as determined by the Commissioners.
11 Additional duties of Commissioners
The Commissioners shall:(a) as soon as practicable after the day appointed pursuant to subsection one of section ten of this Act cause to be prepared from the records of the Council of the City of Sydney:(i) an extract from the valuation book, andshowing the particulars necessary for the preparation of rate books and of the list of persons who at the time the extract is prepared appear to have the requisite qualifications to be electors for and in respect of the lands respectively described in Schedules One, Two, Three and Four,(ii) an extract from the list of persons referred to in section sixty-five of the Principal Act,(b) cause those extracts to be maintained continuously up-to-date until the appointed day, and(c) forward those extracts, on the appointed day or as soon as practicable thereafter, to the respective councils to whose areas the extracts relate.
Part 3 Alteration of areas and constitution of new area
12 Alteration of areas
(1) On the appointed day:(a) the division into wards of the City of Sydney as constituted immediately before that day, shall be abolished,(b) the boundaries of the City of Sydney shall be altered by taking therefrom the land described in Schedules One, Two, Three and Four so that the boundaries of the City of Sydney shall be as described in Schedule Five,(c) the boundaries of the Municipalities of Leichhardt, Marrickville and Woollahra shall be altered by adding thereto the lands described in Schedules One, Two and Three respectively so that the boundaries of the Municipalities of Leichhardt, Marrickville and Woollahra shall be as described in Schedules Six, Seven and Eight respectively,(d) the land described in Schedule Four shall be constituted as a separate municipality, under the name of the Municipality of Northcott.(2) The alteration of areas , and the taking of land from the area of the City of Sydney and the constitution of that land as a separate municipality, effected pursuant to paragraphs (b), (c) and (d) of subsection one of this section, shall be deemed to be an exercise of the powers conferred on the Governor by paragraphs (a) and (c) of section sixteen of the Principal Act, and the provisions of that Act shall, to the extent to which provision is not otherwise made in this Act, apply as if on the day upon which the assent of Her Majesty to this Act is signified, proclamations had been made by the Governor under paragraphs (a) and (c) of section sixteen of the Principal Act providing that the alterations of areas, and the taking of land from the City of Sydney and the constitution of that land as a separate municipality, shall be effected on the appointed day.(3) Notwithstanding subsection two of this section and anything contained in the Principal Act, the ordinances in force in, and the provisions of any rule, regulation, by-law, notification or proclamation that applied to, the City of Sydney as constituted immediately before the appointed day shall continue on and after the appointed day to be in force in, and to apply to, the City of Sydney as constituted by this Act and the parts taken from the City of Sydney and added to the Municipalities of Leichhardt, Marrickville and Woollahra, or constituted as the Municipality of Northcott.The ordinances, rules, regulations, by-laws, notifications or proclamations referred to in this subsection may under the provisions of the Act under which they were in force be repealed, rescinded, revoked, varied or amended at any time after the appointed day.(4) For the purpose of giving effect to the provisions of this section, any proclamation which the Governor is authorised to make under section twenty-one of the Principal Act may be made at any time either before or after the appointed day.
13 Certain added parts to be new wards
The lands referred to in Schedules One, Two and Three shall, until in the exercise of the powers conferred on him by section fifty-eight of the Principal Act the governor otherwise provides, respectively be deemed to be new wards of the Municipalities of Leichhardt, Marrickville and Woollahra.
14 Appointment of persons to act as aldermen
(1) Three persons each of whom has the requisite qualification for enrolment in respect of the land described in Schedule One and is recommended by the Boundaries Commission for appointment under this subsection shall be appointed by the Governor to act, on and from the appointed day, as aldermen of the Council of the Municipality of Leichhardt until the next ordinary election of aldermen of that council.(2) Two persons each of whom has the requisite qualification for enrolment in respect of the land described in Schedule Two and is recommended by the Boundaries Commission for appointment under this subsection shall be appointed by the Governor to act, on and from the appointed day, as aldermen of the Council of the Municipality of Marrickville until the next ordinary election of aldermen of that council.(3) Three persons each of whom has the requisite qualification for enrolment in respect of the land described in Schedule Three and is recommended by the Boundaries Commission for appointment under this subsection shall be appointed by the Governor to act, on and from the appointed day, as aldermen of the Council of the Municipality of Woollahra until the next ordinary election of aldermen of that council.(4) The Boundaries Commission shall, before the appointed day and when required by the Minister to do so, make recommendations for the purposes of subsections one, two and three of this section.(5) The persons appointed pursuant to this section shall, on and from the appointed day, take office and be aldermen of the Council of the Municipality of Leichhardt, Marrickville or Woollahra, as the case may require.(6) If and extraordinary vacancy occurs in the office of any person appointed pursuant to this section, the Governor may, on the recommendation of the Boundaries Commission, appoint another person to fill the vacant office.
15 Administration of transferred parts
(1) On and from the appointed day:(a) the number of aldermen constituting the Councils of the Municipalities of Leichhardt, Marrickville and Woollahra shall, until the Governor in the exercise of the powers conferred on him by section twenty-three of the Principal Act otherwise determines, be deemed to be increased by the number of persons required to be appointed to each of those councils respectively under section fourteen of this Act,(b) the Commissioners and each of them shall, in respect of the City of Sydney as altered by this Act have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed on them and on each of them, as the case may be, by section ten of this Act,(c) the Commissioners shall be deemed to be the Council of the Municipality of Northcott and shall, in respect of that area, have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed:(i) upon the council of a municipality or upon the Council of the Municipality of Northcott, and(ii) upon them by or under this Act,(d) the Chief Commissioner shall, in respect of the Municipality of Northcott, have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed by or under the Principal Act upon the mayor of a municipality,(e) the Commissioners shall be deemed to be aldermen of the Municipality of Northcott:(i) for the purpose of electing members of the Metropolitan Water Sewerage and Drainage Board under the provisions of Part 3 of the Metropolitan Water, Sewerage, and Drainage Act 1924, as amended by subsequent Acts, whether passed before or after the commencement of this Act, and(ii) for the purpose of electing councillors of the Sydney County Council under the provisions of Division 3 of Part 6 of the Gas and Electricity Act 1935, as amended by subsequent Acts, whether passed before or after the commencement of this Act,(f) all consents, approvals, decisions and permissions given, made or granted by the Council of the City of Sydney and relating to land or premises within any part taken from the City of Sydney and added to the Municipality of Leichhardt, Marrickville or Woollahra, or constituted as the Municipality of Northcott, shall be deemed to be consents, approvals, decisions and permissions given, made or granted by the respective councils of those areas, and(g) the valuations and the lists of persons shown in the extracts prepared pursuant to section eleven of this Act in respect of the lands described in Schedules One, Two, Three and Four shall, for all purposes, respectively be the valuations in force and the list referred to in Division 4 of Part 5 of the Principal Act in respect of those parts of the City of Sydney which, pursuant to this Act, are added to the Municipalities of Leichhardt, Marrickville and Woollahra and the part constituted as the Municipality of Northcott until new valuations are made in accordance with the provisions of the Valuation of Land Act 1916, as amended by subsequent Acts, or the list is amended, altered or varied by the clerk of the respective council, pursuant to the provisions of the Principal Act.(2) For the purpose of the exercise and discharge of their responsibilities, liabilities, rights, powers, authorities, duties and functions as the Council of the Municipality of Northcott, the Commissioners shall hold meetings which shall be convened by the Chief Commissioner at least once in each month and at which:(a) two Commissioners shall form a quorum, and(b) the Chief Commissioner shall preside and, in the event of equality of voting, shall have, in addition to his original vote, a second or casting vote.(3) The time and place of the first meeting of the Commissioners held pursuant to subsection two of this section shall be as determined by the Chief Commissioner, and of subsequent meetings shall be as determined by the Commissioners.(4) The procedure to be followed in the conduct of meetings held pursuant to subsection two of this section shall be as determined by the Commissioners.(5) Such proportion of the remuneration and allowances payable to the Commissioners on or after the appointed day as may be determined by the Minister shall be paid from the General Fund of the Council of the Municipality of Northcott to the Council of the City of Sydney.
Part 4 Constitution of committees
Division 1 Constitution and functions of Staff Joint Committee
16 Staff Joint Committee
(1) There shall be constituted a joint committee, which shall be called the Staff Joint Committee, and which shall consist of six members as follows:(a) the Under Secretary of the Department of Local Government, or his nominee, who shall convene all meetings of the Staff Joint Committee and shall be chairman of the meetings,(b) the Town Clerk of the Council of the City of Sydney or, in the absence through sickness or other good cause of the Town Clerk, his nominee,(c) a Commissioner, or a servant of the Council of the City of Sydney, nominated by the Commissioners and appointed by the Minister,(d) a person employed by a municipal, shire or county council, who shall be a person who holds a prescribed certificate, and, at the date of his appointment, holds office as a council clerk, and who shall be nominated by the Local Government Association of New South Wales and appointed by the Minister,(e) a person nominated by the Local Government Association of New South Wales and appointed by the Minister, and(f) the General Secretary of The Federated Municipal and Shire Council Employees’ Union of Australia, New South Wales Division or, in the absence through sickness or other good cause of the General Secretary, his nominee.(2) If a nomination is not made within thirty days after the day upon which the Under Secretary of the Department of Local Government has, in writing, called for nominations to fill any position referred to in paragraph (c), (d) or (e) of subsection one of this section, the Minister may appoint any person to fill that position.(3) Four members of the Staff Joint Committee, one of whom shall be the chairman, shall form a quorum.(4) Where the voting on any question at a meeting of the Staff Joint Committee is equal the chairman shall, in addition to his original vote, have a second or casting vote.
17 Functions of Staff Joint Committee
(1) As soon as practicable after it is constituted and before the appointed day, the Staff Joint Committee shall make determinations as to which of the servants of the Council of the City of Sydney should be transferred:(a) to the council of an area to which, under this Act, the lands described in Schedules One, Two and Three are respectively to be transferred, or(b) to the council of the area described in Schedule Four, to be constituted under this Act as the Municipality of Northcott.(2) When the Staff Joint Committee has made its determination it shall submit its report and recommendations to the Minister.
18 Transfer of staff
(1) Determinations made by the Staff Joint Committee pursuant to section seventeen of this Act shall be embodied in a proclamation or proclamations which may be made at any time before the appointed day.(2) A servant of the Council of the City of Sydney referred to in a proclamation made pursuant to subsection one of this section shall, on and from the appointed day,(a) be transferred to the service of the council of the area specified in the proclamation as being the council to whose service he is to be transferred,(b) become a servant of the council of that area,(c) be paid salary or wages not less than at the rate at which he was employed immediately before the appointed day, until that salary or those wages is or are varied or altered by the council of that area: Provided that that salary or those wages shall not be reduced for a period of at least two years from the date of his transfer except to the extent necessary to give effect to any fluctuation in a basic or minimum wage by reference to which his salary or wages is or are fixed, and(d) be deemed to have been appointed and employed by the council of that area under the provisions of the Principal Act.(3) A person so transferred shall, on and from the appointed day and until otherwise directed by the council to whose service he is transferred, continue to perform the duties which attached to his employment before that day.(4) Subject to subsection five of this section, the provisions of subsections two to eight inclusive of section 20C of the Principal Act shall, mutatis mutandis, apply to and in respect of any person transferred pursuant to this section.(5)(a) This subsection applies to and in respect of persons transferred from the service of the Council of the City of Sydney pursuant to this section, being persons referred to in paragraph (a) of subsection two of section twelve of the Local Government (Areas) Act 1948, who, pursuant to paragraph (b) of that subsection elected to retain the rights and privileges referred to in that paragraph.(b) Any person to whom this subsection applies, and who becomes entitled to receive a gratuity under subsection five of section 20C of the Principal Act, shall not be entitled to receive any compassionate or retiring allowance under any award or industrial agreement referred to in subsection two of that section:Provided that the amount payable to any such person as a gratuity under subsection five of that section shall not in any case be less than the amount which would have been payable to such person as a compassionate or retiring allowance under any such award or industrial agreement if this paragraph had not been enacted.(c) For the purposes of paragraph (b) of subsection two of section twelve of the Local Government (Areas) Act 1948, as amended by subsequent Acts, the services of any person to whom this subsection applies with the council of any area to whose service he is transferred pursuant to this section shall be deemed to be service with the Council of the City of Sydney.
Division 2 Constitution and functions of Finance Joint Committee
19 Finance Joint Committee
(1) There shall be constituted a joint committee, which shall be called the Finance Joint Committee, and which shall consist of six members as follows:(a) the Auditor-General or his nominee, who shall convene all meetings of the Finance Joint Committee and shall be chairman of the meetings,(b) the Under Secretary of the Department of Local Government, or his nominee,(c) the Town Clerk of the Council of the City of Sydney or, in the absence through sickness or other good cause of the Town Clerk, his nominee,(d) a Commissioner, or a servant of the Council of the City of Sydney, nominated by the Commissioners and appointed by the Minister,(e) a person employed by a municipal, shire or county council, who shall be a person who holds a prescribed certificate, and at the date of his appointment, holds office as a council clerk, and who shall be nominated by the Local Government Association of New South Wales, and appointed by the Minister, and(f) a person nominated by the Local Government Association of New South Wales and appointed by the Minister.(2) If a nomination is not made within thirty days after the day upon which the Under Secretary of the Department of Local Government has, in writing, called for nominations to fill any position referred to in paragraph (d), (e) or (f) of subsection one of this section, the Minister may appoint any person to fill that position.(3) Four members of the Finance Joint Committee, one of whom shall be the chairman, shall form a quorum.(4) Where the voting on any question at a meeting of the Finance Joint Committee is equal the chairman shall, in addition to his original vote, have a second or casting vote.(5) The members of the Finance Joint Committee shall cease to hold office upon the day on which the elections referred to in subsection one of section twenty-five of this Act are held or where those elections are held on different days upon the later of those days.
20 Functions of Finance Joint Committee
(1) The functions of the Finance Joint Committee shall be:(a) to determine (by apportionment or otherwise) what assets (including land and interests in land) and rights, and what debts and liabilities of the Council of the City of Sydney, as constituted immediately before the appointed day, are to be transferred or become assets, rights, debts, and liabilities of a transferee council,(b) to determine whether the expense of meeting payments on account of leave or upon retirement or death of a servant transferred from the service of the Council of the City of Sydney to the service of a transferee council, pursuant to section eighteen of this Act should be apportioned between the Council of the City of Sydney and the council to whose service he is so transferred and, if so, how that apportionment should be made, and(c) to determine what books, documents, records and papers of the Council of the City of Sydney are to be handed over to each transferee council.(2) Without limiting the generality of subsection one of this section, where the Finance Joint Committee considers that any asset (including land or an interest in land) or right or any debt or liability should be wholly or partly transferred to a transferee council, the Committee may, instead of determining that the asset or right or the debt or liability be so transferred, determine that a payment shall be made in respect of that asset, right, debt or liability to or by the transferee council by or to the Council of the City of Sydney, as the case may be.(3) The Finance Joint Committee may make separate determinations, either before or after the appointed day, in respect of all or any of the matters referred to in subsections one and two of this section and shall submit its report and recommendations on any such determination to the Minister.
21 Recommendations of Finance Joint Committee to be embodied in proclamations
(1) Recommendations made by the Finance Joint Committee pursuant to section twenty of this Act shall be embodied in a proclamation or proclamations which may be made at any time either before or after the appointed day.(2) A proclamation made under subsection one of this section shall take effect:(a) where it is made on or before the appointed day—on that day, andor on a later day specified in the proclamation.(b) where it is made after the appointed day—on the day on which it is made,(3) A proclamation made under subsection one of this section shall:(a) where it is expressed to transfer any asset or right or any debt or liability wholly or partly to a transferee council or to transfer any books, documents, records or papers to a transferee council, operate to vest in that council that asset or right, or that debt or liability, to the extent therein expressed or to vest in that council those books, documents, records or papers,(b) where it specifies an amount determined to be paid to a transferee council by reason of an apportionment referred to in paragraph (b) of subsection one of section twenty of this Act, operate to create a debt of that amount payable by the Council of the City of Sydney to that transferee council, or(c) where it specifies an amount to be paid to or by a transferee council by reason of a determination made under subsection two of section twenty of this Act, operate to create a debt of that amount payable by or to the transferee council to or by the Council of the City of Sydney, as the case may be.(4) Without limiting the generality of subsection three of this section, the following provisions shall, by virtue of this Act, apply in respect of any asset, right, debt or liability vested by a proclamation made under that subsection in a transferee council:(a) moneys, or liquidated and unliquidated claims which were payable to or recoverable by the Council of the City of Sydney shall be moneys, liquidated or unliquidated claims payable to or recoverable by the transferee council,(b) all suits, actions and proceedings pending immediately before the vesting shall be suits, actions and proceedings pending at the suit of the transferee council,(c) all contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Council of the City of Sydney and in force immediately before the vesting shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the transferee council,(d) the transferee council may pursue the same remedies for the recovery of any moneys and claims and for the prosecution of any such suits, actions an proceedings as the Council of the City of Sydney might have done immediately before the day of such vesting,(e) the transferee council may enforce and realise any security or charge existing immediately before the day of the vesting in favour of the Council of the City of Sydney in respect of any such moneys and claims as if the security or charge were existing in favour of the transferee council,(f) all debts due and moneys payable by the Council of the City of Sydney and all claims liquidated or unliquidated recoverable against that Council immediately before such vesting shall be debts due and moneys payable by and claims recoverable against the transferee council,(g) a reference to the Council of the City of Sydney in any instrument shall from the day of such vesting be read and construed as a reference to the transferee council, and(h) no attornment by a lessee of any land vested in a transferee council by virtue of a proclamation made under this section shall be necessary.
22 References to “transferee council” in sections 20 and 21
In sections twenty and twenty-one of this Act, transferee council means the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott.
23 Minister may exercise powers of Finance Joint Committee after its disbandment
(1) The Minister may after the day upon which the members of the Finance Joint Committee cease to hold office exercise or perform, in respect of any assets (including land and interests in land), rights, debts or liabilities that have not been the subject of a determination made by the Finance Joint Committee under subsection one or two of section twenty of this Act, the functions and powers of the Finance Joint Committee.(2) A reference in this Act to the Finance Joint Committee includes, where the Minister exercises or performs any function or power of the Finance Joint Committee pursuant to subsection one of this section, a reference to the Minister.
Part 5 Miscellaneous provisions
24 Division into, and alteration of, wards
(1) Within twelve months after the appointed day:(a) the Commissioners shall submit to the Minister proposals for the division into wards of the City of Sydney and the Municipality of Northcott as respectively altered and constituted by this Act, and(b) the Councils of the Municipalities of Leichhardt, Marrickville and Woollahra shall each submit to the Minister a proposal for the alteration of the division of its area, as altered by this Act, into wards.(2) Each proposal shall be deemed to be an application to the Governor to exercise the powers conferred on him by section fifty-eight of the Principal Act and the provisions of that section shall, mutatis mutandis, apply to such proposals.
25 Elections
(1) Elections of aldermen for the Councils of the City of Sydney and the Municipality of Northcott, as respectively altered or constituted by this Act, shall be held:(a) in the case of the Council of the City of Sydney, on a day to be appointed by the Governor and notified by proclamation, and(b) in the case of the Council of the Municipality of Northcott, on a day to be fixed in the manner provided in the Principal Act for the first election after the constitution of an area.(2) The number of aldermen to be elected at the election referred to in subsection one of this section and in any subsequent ordinary election until the Governor in the exercise of the powers conferred on him by the Principal Act otherwise determines, shall be:(a) in respect of the Council of the City of Sydney, twenty aldermen, and(b) in respect of the Council of the Municipality of Northcott, twelve aldermen.(3) Within twenty-one days after the day upon which the election referred to in subsection one of this section:(a) is held for the Council of the City of Sydney, the aldermen of that council shall elect from among their number a Lord Mayor, and(b) is held for the Council of the Municipality of Northcott, the aldermen of that council shall elect from among their number a mayor.(4) Elections next after those referred to in subsections one and three of this section, of aldermen of the Council of the City of Sydney and aldermen of the Municipality of Northcott and of the Lord Mayor and mayor respectively of those areas shall be held in accordance with the provisions of the Principal Act relating to the election of aldermen and mayors of municipalities.(5) On the day or days upon which the election referred to in subsection one of this section:(a) is held for the Council of the City of Sydney, the Commissioners shall cease to be deemed to be the Council of the City of Sydney and shall cease to have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed on them by or under this Act in respect of the City of Sydney, and(b) is held for the Council of the Municipality of Northcott, the Commissioners shall cease to be deemed to be the Council of the Municipality of Northcott and shall cease to have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed on them by or under this Act in respect of the Municipality of Northcott.
26 Alteration of name of Municipality of Northcott
Notwithstanding anything contained in this Act, the Governor may, in the manner provided in the Principal Act, alter the name of the Municipality of Northcott.
27 Payments by Commissioners to transferee councils
(1) Notwithstanding anything contained in the Principal Act or in any other Act, at any time after the appointed day but before the day fixed, pursuant to this Act, for the election of aldermen to the Council of the Municipality of Northcott, or, pursuant to the Principal Act for the ordinary election of aldermen to the Councils of the Municipalities of Leichhardt, Marrickville and Woollahra held next after the appointed day, the Minister may, from time to time and subject to such terms and conditions (including such terms and conditions as to repayment as he deems fit) direct, in writing, the Commissioners to pay to the Council of the Municipality of Northcott, Leichhardt, Marrickville or Woollahra from the General Fund of the Council of the City of Sydney such moneys as the Minister considers necessary for the carrying out by the respective councils of the powers, authorities, duties and functions conferred and imposed upon those councils in respect of the lands which, under this Act, have been constituted as a municipality or added to their areas, as the case may be.(2) The Commissioners shall make any payments as directed by the Minister pursuant to subsection one of this section, and any council to whom any such payment is made shall comply with the terms and conditions subject to which the direction for the payment was given.
28 Agreements between councils as to certain undertakings
(1) Where, immediately before the appointed day, on land taken pursuant to this Act from the City of Sydney and added to the Municipality of Leichhardt, Marrickville or Woollahra or constituted as the Municipality of Northcott, as the case may be, the Council of the City of Sydney conducted any undertaking that is declared by the Minister, in an instrument under subsection two of this section, to be an undertaking for the physical, mental, cultural or social welfare of aged persons, the Council of the City of Sydney and the council of the area in which that land is situated may, at any time after the appointed day, enter into an agreement for the carrying out jointly of the undertaking.(2) The Minister may, on an application made to him:(a) by the Council of the City of Sydney, in respect of an undertaking that was, immediately before the appointed day, carried on on land taken pursuant to this Act from the City of Sydney, orby an instrument in writing issued to the council making the application, declare that undertaking to be an undertaking for the physical, mental, cultural or social welfare of aged persons.(b) by the council of an area, in respect of an undertaking that was, immediately before the appointed day, carried on on land added to, or constituted as that area pursuant to this Act,(3) Where the Council of the City of Sydney and any other council referred to in subsection one of this section fail to agree:(a) as to the manner in which any undertaking referred to in subsection one of this section is to be conducted,(b) as to the apportionment of the expense of maintaining the undertaking and providing the services for which it was established, orthat failure shall be deemed to be a difference between the councils and may be submitted by either council for determination by the Minister and the provisions of section six hundred and fifty-four of the Principal Act apply to any such submission or determination.(c) as to the period for which any such agreement is to remain in force,(4) The Council of the City of Sydney and any other council referred to in subsection one of this section shall, for the purposes of subsection three of this section, be deemed to have failed to agree as referred to in subsection three of this section if they have not entered into such an agreement within a period of three months after a request to do so is made by one of the councils to the other.
29 Grants by Council of the City of Sydney to transferee councils
The Council of the City of Sydney may pay moneys from any appropriate fund as grants to the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott in aid of conducting in the area of that council any undertaking for the physical, mental, cultural or social welfare of persons.
30 Audit
(1) The Commissioners may, pursuant to section two hundred and eleven of the Principal Act, appoint the Auditor-General to carry out the audit of the accounts of the Municipality of Northcott.(2) The Auditor-General is hereby authorised to act as Auditor pursuant to subsection one of this section.(3) The cost of the audit as certified by the Auditor-General shall be paid from the General Fund of the Council of the Municipality of Northcott.
31 City of Sydney Planning Scheme
(1) In this section, City of Sydney Planning Scheme means the City of Sydney Planning Scheme prepared by the Council of the City of Sydney and referred to in the notice published in Gazette No 149 of the thirty-first day of December, one thousand nine hundred and sixty-four, as altered before the appointed day pursuant to section 342J of the Principal Act (as in force immediately before the commencement of the Local Government (Town and Country Planning) Amendment Act 1962) or as in force as a prescribed scheme immediately before the appointed day.(2) The City of Sydney Planning Scheme shall on and from the appointed day:(a) so far as it relates to the land referred to in Schedule Five, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the City of Sydney,(b) so far as it relates to the land referred to in Schedule One, Two or Three, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the Municipality of Leichhardt, Marrickville or Woollahra, as the case may be,(c) so far as it relates to the land referred to in Schedule Four, be deemed to be a scheme prepared under the Principal Act in respect of that land by the Council of the Municipality of Northcott.(3) All things done or omitted to be done for or with respect to the preparation of the scheme, in relation to the scheme, or in pursuance of the scheme, as prepared by the Council of the City of Sydney shall, as regards any land included within their respective areas by virtue of the provisions of this Act, be deemed to be things done or omitted to be done for or with respect to the preparation of the scheme, in relation to the scheme, or in pursuance of the scheme, as deemed by subsection two of this section to be prepared by the Councils of the Municipalities of Leichhardt, Marrickville, Woollahra and Northcott respectively.(4) A reference in the City of Sydney Planning Scheme and in any ordinance prescribing that scheme or that scheme, as altered:(a) to the City of Sydney shall be construed, on and from the appointed day, as including a reference to the lands described in Schedules One, Two, Three and Four, and(b) to the Council of the City of Sydney, shall, as regards the lands described in Schedule One, Two, Three or Four, be construed, on and from the appointed day, as a reference to the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott, as the case may be.(5) In respect of any land added to the Municipality of Leichhardt, Marrickville or Woollahra, or constituted as the Municipality of Northcott, pursuant to the provisions of this Act, a scheme may, at any time after the appointed day, be prepared, under and in accordance with Part 12A of the Principal Act, by the council of the area concerned for the purpose of substituting that scheme for the scheme deemed by this section to have been prepared in respect of that land and repealing that lastmentioned scheme.(6) Nothing in subsection five of this section derogates from the powers under Part 12A of the Principal Act of the Council of the Municipality of Leichhardt, Marrickville, Woollahra or Northcott in relation to the preparation of schemes with respect to the land added to, or constituted as, the area of that council pursuant to the provisions of this Act.
Part 6 Consequential repeals and amendments
Division 1 Amendments to Principal Act
32 (Repealed)
s 32: Rep 1999 No 85, Sch 4.
Divisions 2, 3
33, 34 (Repealed)
pt 6, div 2 (s 33): Rep 1987 No 108, Sch 1.
pt 6, div 3 (s 34): Rep 1979 No 205, Sch 1.
Schedule One Land taken from the City of Sydney and added to the Municipality of Leichhardt
Area about 25 acres: Commencing on the generally western boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948, at its intersection with Parramatta Road; and bounded thence by that road north-easterly to Mallett Street; by that street and Booth Street north-westerly to the said generally western boundary of the City of Sydney; and by part of that boundary generally south-westerly to the point of commencement.And also area about 525 acres: Commencing on the generally western boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948, at Orphan School Creek Stormwater Channel; and bounded thence by that stormwater channel generally south-easterly to Foss Street; by that street north-easterly to Cross Street; by that street south-easterly to Bridge Road; by that road south-westerly to Orphan School Creek Stormwater Channel; by that stormwater channel generally south-easterly to Parramatta Road; by that road north-easterly to Bay Street; by that street north-westerly to William Henry Street; by that street north-easterly to Wattle Street; by that street generally north-westerly to its intersection with the south-easterly prolongation of the south-western boundary of portion 13 (S. 439.858R) parish of St. Andrew county of Cumberland; by that prolongation north-westerly to the generally northern boundary of the said City of Sydney; and by boundaries of that City generally westerly and southerly to the point of commencement.
Schedule Two Land taken from the City of Sydney and added to the Municipality of Marrickville
Area about 423 acres: Commencing on the generally western boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948, at its intersection with Parramatta Road; and bounded thence by that road north-easterly to Mallett Street; by that street south-easterly to Salisbury Road; by that road north-easterly to Church Street; by that street south-easterly to King Street; by that street south-westerly and generally south-easterly to the said generally western boundary of the City of Sydney; and by part of that boundary generally north-westerly to the point of commencement.Schedule Three Land taken from the City of Sydney and added to the Municipality of Woollahra
Area about 330 acres: Commencing on the generally eastern boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948, at the intersection of New South Head Road and Neild Avenue; and bounded thence by Neild Avenue south-westerly to Boundary Street; by that street generally south-westerly to Barcom Avenue; by that avenue south-westerly to Oxford Street; by that street generally south-easterly to the said generally eastern boundary of the City of Sydney; and by part of that boundary north-easterly and generally northerly and westerly to the point of commencement.Schedule Four Land taken from the City of Sydney and constituted as the Municipality of Northcott
Area about 2,603 acres: Commencing at the intersection of Cleveland Street and Dowling Street, Moore Park; and bounded thence by Dowling Street southerly to the north-western corner of portion 412, parish of Alexandria, county of Cumberland; by the western boundary of that portion and its prolongation southerly to Gardeners Road; by a line along the middle of that road westerly to the south-eastern side of Alexandra Canal; by that side of that canal south-westerly to Ricketty Street; by the bridge across Alexandra Canal and Canal Road generally north-westerly to the generally western boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948; by part of that boundary generally north-easterly to Campbell Street; by that street north-westerly to Barwon Park Road; by that road north-westerly to King Street; by that street generally north-westerly and north-easterly to Darlington Road; by that road north-easterly to Codrington Street; by that street south-easterly to Abercrombie Street; by that street north-easterly to Raglan Street; by that street north-westerly to Lander Street; by that street north-easterly to Shepherd Street; by that street north-easterly to Cleveland Street; and by that street generally easterly, to the point of commencement.Schedule Five City of Sydney (as altered)
Area about 3,310 acres: Commencing on Rushcutters Bay at the entrance to Rushcutters Bay Stormwater Channel; and bounded thence by that stormwater channel south-westerly to New South Head Road; by that road easterly to Neild Avenue; by that avenue south-westerly to Boundary Street; by that street generally south-westerly to Barcom Avenue; by that avenue south-westerly to Oxford Street; by that street generally south-easterly to its intersection with the northerly prolongation of the generally south-eastern side of Lang Road; by that prolongation and that side of Lang Road generally south-westerly to its intersection with the south-westerly prolongation of the south-eastern side of Cook Road; by that prolongation south-westerly to the north-eastern side of Martin Road; by that side and the south-eastern side of that road south-easterly and south-westerly to its southernmost angle; by a line crossing the intersection of Anzac Parade, Alison Road and Dacey Avenue south-westerly to the intersection of the southern side of Dacey Avenue with the south-western side of Anzac Parade; by Anzac Parade south-easterly and southerly to the northern boundary of portion 412, parish of Alexandria, County of Cumberland; by part of that boundary westerly to Dowling Street; by that street northerly to Cleveland Street; by that street generally westerly to Shepherd Street; by that street south-westerly to Lander Street; by that street south-westerly to Raglan Street; by that street south-easterly to Abercrombie Street; by that street south-westerly to Codrington Street; by that street north-westerly to Darlington Road; by that road south-westerly to King Street; by that street south-westerly to Church Street; by that street north-westerly to Salisbury Road; by that road south-westerly to Mallett Street; by that street and Booth Street north-westerly to Johnstons Creek Stormwater Channel; by that stormwater channel generally north-easterly to Orphan School Creek Stormwater Channel; by that stormwater channel generally south-easterly to Foss Street; by that street north-easterly to Cross Street; by that street south-easterly to Bridge road; by that road south-westerly to Orphan School Creek Stormwater Channel; by that stormwater channel generally south-easterly to Parramatta Road; by that road north-easterly to Bay Street; by that street north-westerly to William Henry Street; by that street north-easterly to Wattle Street; by that street generally north-westerly to its intersection with the south-easterly prolongation of the south-western boundary of portion 13 (S. 439.858R) parish of St. Andrew; by that prolongation north-westerly to the waters of Port Jackson; and by those waters generally northerly and easterly to the point of commencement.Schedule Six Municipality of Leichhardt (as altered)
Area about 3,028 acres: Commencing on Iron Cove at the entrance to Hawthorne Canal; and bounded thence by that canal generally southerly to Parramatta Road; by that road generally north-easterly to Mallett Street; by that street and Booth Street north-westerly to Johnstons Creek Stormwater Channel; by that stormwater channel north-easterly to Orphan School Creek Stormwater Channel; by that stormwater channel generally south-easterly to Foss Street; by that street north-easterly to Cross Street; by that street south-easterly to Bridge Road; by that road south-westerly to Orphan School Creek Stormwater Channel; by that stormwater channel generally south-easterly to Parramatta road; by that road north-easterly to Bay Street; by that street north-westerly to William Henry Street; by that street north-easterly to Wattle Street; by that street generally north-westerly to its intersection with the south-easterly prolongation of the south-western boundary of portion 13 (S. 439.858R) parish of St. Andrew, county of Cumberland; by that prolongation north-westerly to the waters of Port Jackson; and by the waters of Port Jackson, the Parramatta River and Iron Cove generally westerly, northerly and south-westerly to the point of commencement.Schedule Seven Municipality of Marrickville (as altered)
Area about 4,072 acres: Commencing at the confluence of Cooks River and Wolli Creek; and bounded thence by the generally southern bank of Cooks River and the generally south-eastern bank of Alexandra Canal generally easterly and north-easterly to Ricketty Street; by the bridge across Alexandra Canal and Canal Road generally north-westerly to the generally western boundary of the City of Sydney as constituted by the Local Government (Areas) Act 1948; by part of that boundary generally north-easterly to Campbell Street; by that street north-westerly to Barwon Park Road; by that road north-westerly to King Street; by that street generally north-westerly and north-easterly to Church Street; by that street north-westerly to Salisbury Road; by that road south-westerly to Mallett Street; by that street north-westerly to Parramatta Road; by that road generally south-westerly to Hawthorne Canal; by that canal generally southerly to Old Canterbury Road; by that road south-westerly to New Canterbury Road; by the road generally easterly to Garnett Street; by a line along the middle of that street and its prolongation south-easterly to Cooks River; and by that river downwards to the point of commencement.Schedule Eight Municipality of Woollahra (as altered)
Area about 3,012 acres: Commencing on Rushcutters Bay at the entrance to Rushcutters Bay Stormwater Channel; and bounded thence by that stormwater channel south-westerly to New South Head Road; by that road easterly to Neild Avenue; by that avenue south-westerly to Boundary Street; by that street generally south-westerly to Barcom Avenue; by that avenue south-westerly to Oxford Street; by that street and Old South Head Road generally south-easterly, easterly and north-easterly to its intersection with the westerly prolongation of the northern boundary of lot 1, deposited plan 7334; by a line along the northern boundary of that lot and lots 13 to 22 inclusive, easterly to the waters of the South Pacific Ocean; by those waters generally northerly to Inner South Head; by the waters of Port Jackson generally southerly to the northernmost corner of lot 14, section 1, plan catalogued 6722 (L), Camp Cove; by lines successively bearing 313 degrees 257.5 links 229 degrees 19 minutes 228.5 links, and 153 degrees 273 links to the north-western boundary of lot 9, section 1, plan catalogued 6722 (L); and by the waters of Port Jackson generally south-westerly to the point of commencement.