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Chapter Summary of the Local Government Act 1993 - Updated ...

Chapter Summary of the Local Government Act 1993 - Updated ...

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12 UPDATED INFORMATION PAPER NO. 3DISCLAIMER: ALL DUE CARE HAS BEEN TAKEN IN PREPARING AND CHECKING THIS INFORMATION DOCUMENT. THE DEPARTMENT OF LOCAL GOVERNMENT EMPHASISESTHAT THE DOCUMENT IS THE DEPARTMENT’S VIEW ONLY AND SHOULD NOT BE RELIED UPON IN ANY RELEVANT LEGAL PROCEEDINGS. A COUNCIL OR OTHER PARTIESSHOULD BE GUIDED BY THEIR OWN LEGAL ADVICE.Division 2 <strong>of</strong> Part 2 deals with matters relating to evidence in legalproceedings involving a council. These include:– matters <strong>of</strong> which pro<strong>of</strong> by a council is not required unless evidence to<strong>the</strong> contrary is given;– matters <strong>of</strong> which judicial notice is to be taken.Division 3 <strong>of</strong> Part 2 deals with certain notices involving a council,including <strong>the</strong> content, giving and service <strong>of</strong> <strong>the</strong> notices.Division 4 <strong>of</strong> Part 2 deals with legal proceedings to recover unpaidrates and charges.Division 5 <strong>of</strong> Part 2 enables <strong>the</strong> sale <strong>of</strong> land and interests in land(o<strong>the</strong>r than an estate or interest <strong>of</strong> <strong>the</strong> Crown in land) to recoveramounts unpaid for rates and charges.Part 3 deals with matters such as compensation and exemption fromliability that may arise as a result <strong>of</strong> proceedings involving a council.<strong>Chapter</strong> 18. MiscellaneousThis <strong>Chapter</strong> makes provision for a number <strong>of</strong> matters relating to <strong>the</strong>operation <strong>of</strong> <strong>the</strong> <strong>Act</strong>. These include:– a requirement that notices under <strong>the</strong> <strong>Act</strong> be in writing;– a description <strong>of</strong> <strong>the</strong> ways in which <strong>the</strong> Governor may exercise <strong>the</strong>Governor’s powers under <strong>the</strong> <strong>Act</strong>;– a description <strong>of</strong> <strong>the</strong> effect <strong>of</strong> proclamations;– a description <strong>of</strong> how public inquiries are to be held;– specification <strong>of</strong> tax exemptions applicable to council property anddealings;– a description <strong>of</strong> <strong>the</strong> manner <strong>of</strong> settling disputes between councils;– specification <strong>of</strong> <strong>the</strong> Minister’s and Director-General’s powers todelegate.This chapter also authorises <strong>the</strong> making <strong>of</strong> regulations.

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