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Regulation Review - IPART - NSW Government

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1 Introduction<br />

The Panel will investigate and identify options for governance models, structural<br />

arrangements and boundary changes for local government in <strong>NSW</strong>. 3 It is due to<br />

report in July 2013. As part of its review, the Panel will examine best practice in<br />

local government in <strong>NSW</strong> and other jurisdictions, and other aspects that intersect<br />

with this review. The recommendations of the Panel may also address some of<br />

the current capacity and capability issues identified as part of this review in<br />

relation to how local government undertakes its regulatory responsibilities.<br />

The Local <strong>Government</strong> Acts Taskforce<br />

The Local <strong>Government</strong> Act 1993 (the LG Act) and the City of Sydney Act 1988<br />

establish the statutory basis for local government in <strong>NSW</strong>, including how it is<br />

constituted, administered, financially managed, financed, operated and made<br />

accountable. These Acts also set out core local government service and<br />

regulatory functions, and general enforcement powers. However, these Acts do<br />

not capture the full scope of regulatory functions and enforcement powers<br />

conferred or delegated on local government, as these are conferred or delegated<br />

under numerous other pieces of State legislation (as discussed in section 2.2 of<br />

this paper).<br />

The <strong>NSW</strong> <strong>Government</strong> has recently announced a review of the provisions of the<br />

LG Act and the City of Sydney Act and their practical operation. This review<br />

will be conducted by the Local <strong>Government</strong> Acts Taskforce. The Taskforce will:<br />

<br />

<br />

adopt the decisions of the <strong>Government</strong> in relation to the recommendations of<br />

the Independent Local <strong>Government</strong> <strong>Review</strong> Panel, and<br />

make recommendations for legislative changes necessary for a new LG Act.<br />

It is due to report by September 2013. 4<br />

Our review is distinct from the reviews of the Independent Local <strong>Government</strong><br />

<strong>Review</strong> Panel and Local <strong>Government</strong> Acts Taskforce because our focus is on the<br />

compliance and enforcement functions of local government.<br />

3 The Terms of Reference for the Panel’s review can be found at<br />

http://www.localgovernmentreview.nsw.gov.au/<br />

4 The Terms of Reference for the Taskforce’s review can be found at<br />

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Circulars/12-32.pdf<br />

<strong>Regulation</strong> <strong>Review</strong> <strong>IPART</strong> 5

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