Regulation Review - IPART - NSW Government

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2 Local government compliance and enforcement functions Regulatory functions under the Local Government Act 1993 The LG Act establishes councils, provides their governance framework and sets out their core service, regulatory and other functions. There are 2 main kinds of local government regulatory functions exercised by councils within their area under the LG Act: 1. Various activities can only be carried out if the council gives its approval – eg, the operation of a caravan park or a public car park; use of community land for business or entertainment; management of waste; water supply, sewerage and stormwater drainage work. 16 Some of these approvals may also be granted as part of the development consent process under planning legislation. 2. A council can order a person to do, or to stop doing, something – eg, order a person to keep fewer animals on their premises; or orders in relation to standards for hairdressers, beauty salons and mortuaries. Failure to obtain or to comply with an approval and failure to comply with an order are offences under the LG Act. 17 Regulatory functions under other State legislation In addition to the LG Act, numerous other regulatory functions are conferred on local government under other State legislation and associated regulations. The Productivity Commission (the PC) identified approximately 50 laws in NSW which impose a regulatory responsibility on local government. 18 Our preliminary investigations, however, indicate this number may be greater. Key areas where the State government has delegated regulatory roles and responsibilities to local government are in the priority regulatory areas for this review: Planning – eg, development controls, development consents, certification of complying developments, and change of use approvals. Building and construction – eg, certification and compliance with building standards, and fire safety requirements. Environmental protection – eg, native vegetation, noxious weeds, waste management, noise control, coastal protection, underground petroleum storage systems, stormwater drainage, sewage and grey water systems, contaminated land, and solid fuel heaters. 16 Local Government Act 1993, section 68. 17 Local Government Act 1993, Chapter 7 Introduction, sections 124 and 626-628. 18 Productivity Commission, Performance Benchmarking of Australian Business Regulation: The Role of Local Government as Regulator, July 2012, Vol 2, Table F.1, p 573. 16 IPART Regulation Review
2 Local government compliance and enforcement functions Public health and safety – eg, food safety, mobile food vendors, skin penetration businesses, cooling towers, warm water systems, and swimming pools. Parking and transport – eg, road openings and closures, structures in or over roadways or footways, traffic management plans and controls, public car parks, and road rules. Companion animal management – eg, registration of dogs and cats, dangerous dogs, and surrendered animals. Examples of regulatory functions in these areas are detailed in Table 2.2 below. Other areas in which local government has a regulatory role or responsibilities include: Liquor & restaurants – eg, controls on licensed premises, and restaurants on footpaths. Public areas & issues – eg, graffiti, hoardings, signs, waste bins, protection of public places, busking, street theatre, parks and playgrounds, public events, trees, and filming. Other activities – eg, hairdressers, beauty salons, mortuaries, backpacker accommodation, camping grounds, and caravan parks. Table 2.2 Function Rule-making Approval Examples of local government regulatory functions Councils’ functions in priority regulatory areas Planning – prepare development control plans (DCPs) and local environmental plans (LEPs) Environment – make decisions on regulating the use of reserves and crown land Health & safety - may change the priority classification of an individual food business if the classification is inappropriate for any reason, including as a result of changes made to the conduct of the food business Parking - powers to build and install traffic control devices (eg, signs) and set parking fees Companion animals - can set rules on number and type of pets residents can keep as domestic animals, to encourage socially responsible pet ownership Planning – provide consent to development applications; impose consent conditions, including on licensed premises; approve changes of use Building – issue compliance, construction, occupation or subdivision certificates in relation to approved developments Environment – can issue approvals to install a solid fuel heater; approve wastewater systems Health & safety – require registration of retail food businesses and skin penetration premises Parking – issue parking permits or grant approval for use of footpaths by businesses (eg, restaurants or storage of items for sale) Companion animals - compulsory microchipping and registration of cats and dogs Regulation Review IPART 17
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