Local government in New South Wales

Last updated

New South Wales LGAs by largest council faction as of December 2022. New South Wales LGA map by largest council faction.svg
New South Wales LGAs by largest council faction as of December 2022.
Map of Local Government Areas in New South Wales New South Wales Local Government Areas.svg
Map of Local Government Areas in New South Wales
Types and titles of LGAs in New South Wales New South Wales LGA types.png
Types and titles of LGAs in New South Wales
LGA Regions in New South Wales Australia-Map-NSW-LGA-Regions.png
LGA Regions in New South Wales
Local government areas in Sydney Sydney councils.png
Local government areas in Sydney

The local government areas (LGA) of New South Wales are the third tier of government in the Australian state. Under the Local Government Act 1993 (NSW) they can manage their own affairs to the extent permitted by the legislation. They may be designated as cities or otherwise as areas, though the latter units may choose to use titles that had distinctions under older forms of the act. The smallest local government by area in the state is the Municipality of Hunter's Hill 5.7 km2 (2.2 sq mi) and the largest by area is Central Darling Shire Council 53,492 km2 (20,653 sq mi). There are 129 local government areas in the state as of December 2022.

Contents

Local government authorities provide a wide range of services. The most important of these are the general services of administration, health, community amenities, recreation and culture, roads and debt servicing throughout the area controlled by the council. Councils also provide a range of trading activities, mainly in country areas of NSW. These trading activities include water supply, sewerage services, gas services and abattoir facilities. [1]

Administered by the Government of New South Wales and subject to periodic restructuring involving voluntary and involuntary amalgamation of areas, local government areas are considered a city when an area has received city status by proclamation of the Governor. Some areas retain designations they held under prior legislation, even though these titles no longer indicate a legal status. These may be towns, municipalities, regions, or shires . Many councils now choose not to use any area title, and simply refer to themselves as councils, e.g. Northern Beaches Council, Burwood Council.

History

Legislation

The formation of local government in New South Wales predates the formation of responsible government in the state. The Sydney Corporation was formed in 1842, an elected body to manage primary services such as street lighting and drainage. [2] The Municipalities Act, 1858 introduced a system of local government. Municipalities were compulsorily incorporated by legislation in 1876, the third Municipalities Act, 1897 consolidated municipal law, and in 1905 the Local Government (Shires) Act 1905 was enacted to establish shires. [3] The Local Government Act, 1906 reformed the municipal system, replaced by the Local Government Act, 1919, which lasted until the most recent 1993 Act.

The core principles of the 1993 legislative reforms were:

  1. greater accountability by councils to their communities through better reporting, management plans, consultation on key issues, and access to information;
  2. changes to the relationship between councillors and staff, whereby the elected council held all powers given under the Act, but could delegate most powers and appoint General Managers to have responsibility for “day-to-day” management, council staff and financial resources; and
  3. a better distinction between service provision and regulatory activity was drawn. Maximum flexibility was given in respect to service provision, with some constraints, and accountability was increased. In regard to regulatory functions, proper attention had to be given to due process and procedural correctness. [3]

Reviews of local government areas

NSW LGAs over time
YearNumber
of LGAs		Ref.
1906327 [3]
1910324
1991176
1992177
2001173
2004152
2016132 [4]

The NSW Government has undertaken periodic reviews of local government since the early 1900s. Reforms included providing enfranchisement for women and for residents who did not own property in the LGA, standardising land valuation systems, and the introduction of ordinances.

1930s

The Greater Newcastle Act 1937 amalgamated 10 municipalities with the City of Newcastle to form Greater Newcastle.

1940s

In the post-war period, the Labor Party government of James McGirr, led by Joseph Cahill as Minister for Local Government, decided, following the recommendations of the 1945–46 Clancy Royal Commission on Local Government Boundaries, that Local Government reform would assist the process of improving state infrastructure and community facilities. [5] This vision for a local government reform agenda, including large-scale amalgamations, was largely implemented in the Sydney basin through the Local Government (Areas) Act 1948.

1970s

The Barnett Committee Review of Local Government Areas, conducted during 1973-74, sought to create stronger economic LGAs through a substantial reduction in council numbers. The Barnett Report recommended the forced merging of the then 223 existing local government entities into 97 districts; a proposal that was initially rejected by the Askin–led coalition government. However, by 1980 and after several references to the NSW Local Government Boundaries Commission, the Wran-led Labor government amalgamated 38 councils into 17 entities. [3]

The Bains Review of 1978 influenced the adoption of corporate management in councils whereby council affairs were dealt with as a whole and with co-ordinated forward planning, comprehensive distribution of resources and proper performance monitoring. Bains' review had major influence on the engagement of more powerful general managers, councillors becoming policy makers, and staff free from administrative councillor interference. [3]

1980s

Completed by the NSW Local Government Boundaries Commission, this review focused on the efficiencies in the mergers of rural and regional councils and the anticipated economies of scale in service provision. The Local Government Areas Amalgamation Act 1980 saw the amalgamation of many municipalities with the shires that neighboured - and in some instances, surrounded - them.

1990s

The Carr-led Labor government initiated the Local Government Reform Task Force of 1995-97, the principal outcome of which was to promote resource sharing through the various regional organisations of councils. [3] Triggered by a paper issued by the NSW Local Government and Shires Association, twenty-one councils reviewed their own position and explored three options including the status quo, models for resource sharing and a merger. However, only four councils entered into voluntary mergers in order to avoid potential forced amalgamations. [3]

2000s

The Sproats Inquiry into the structure of local government in eight council areas of the Inner City and Eastern Suburbs of Sydney was commissioned by the state government in October 2000. Despite recommendations for mergers, with the Carr government maintaining a no-forced amalgamation policy, no mergers transpired until late 2008 when Sproats was invited to review his earlier paper, including revisiting the controversial proposal to amalgamate the City of Sydney Council with the South Sydney City Council. [3]

The Carr government abandoned its policy of no forced mergers after the 2003 state election. Within a year, regional “super” councils were legislated for Inner Sydney, surrounding Canberra, Goulburn and Tamworth; four general purpose and two county councils were merged in Clarence Valley, as well as a number of other smaller-scale rural council amalgamations. [3]

2010s

In October 2013, the NSW Government released the findings of an independent review of local government in New South Wales. The review findings, entitled Revitalising Local Government, examined historical and projected demographic data, financial sustainability, and other measures and projected the long-term viability of all local government bodies in the state. Included in the report were 65 recommendations to the government. [6]

The government released its response to the review findings in September 2014 and then facilitated discussions with certain local government authorities with a view towards merger and/or amalgamation. [7] In April 2015, the NSW Government referred the review findings and its responses to the NSW Independent Pricing and Regulatory Tribunal (IPART) to act as the Expert Advisory Panel and to review local council Fit for the Future proposals. [8] Releasing its final report in October 2015, the IPART reviewed submissions from local government authorities and others with a view towards establishing authorities that have the scale and capacity to engage effectively across community, industry and government, are sustainable and efficient, and that effectively manage infrastructure and deliver services for local communities. The IPART found that: [9] [10]

  • 71 per cent of councils in metropolitan Sydney were 'not fit', primarily because councils did not propose a merger despite clear benefits; and
  • 56 per cent of councils in regional NSW were 'not fit', due to not proposing a merger despite clear benefits, ongoing deficits or both.

The IPART proposed a series of council mergers and amalgamation in both metropolitan and regional areas which proposed a reduction in the number of councils from 152 to 112. [11] The NSW Government invited local government authorities to respond by 20 November 2015. Public response to the proposed amalgamations was mixed. [12] Following consideration of the submissions, the Minister for Local Government referred merger proposals to the Chief Executive of the Office of Local Government (OLG) for examination and report under the Local Government Act. The OLG Chief Executive delegated the examination and reporting functions to Delegates who conducted public inquiries and invited further written submissions by 28 February 2016. [13] On 12 May 2016, following a further review by the Minister for Local Government and the independent Local Government Boundaries Commission, Premier Mike Baird announced the creation of 19 new councils, through amalgamations and mergers, with immediate effect. The Minister indicated in principle support to create a further nine new councils, subject to the decision of the courts. [14] [15] On the same day, the Governor of New South Wales acted on the advice of the Minister, and proclaimed the 19 new local government areas. [16]

On 9 May 2016, Strathfield Council challenged the proposed merger between Strathfield, Burwood and Canada Bay councils and commenced proceedings in the New South Wales Land and Environment Court. After the Court heard that there were legal flaws in the report from the State Government-appointed delegate who examined the proposal for merging the councils, on 31 May, the NSW Government withdrew from the case and the merger proposal stalled. Mosman, Hunters Hill, North Sydney, Ku-ring-gai, Woollahra, Oberon and Walcha councils also challenged the Government's amalgamations. [17] [18] The proclamation of the new Bayside Council occurred on 9 September 2016, following the conclusion of legal action by Botany Bay City Council in the Court of Appeal. [19] In December, the NSW Court of Appeal unanimously dismissed Woollahra Council's appeal, finding no merit in its arguments that the proposed merger with its neighbouring councils was invalid. [20] In July 2017, the Berejiklian government decided to abandon the forced merger of the Sydney local government areas, following an earlier move to abandon proposed forced mergers in rural and regional NSW. [21]

2021 iVote failures

During the 2021 local elections, the online voting system "iVote" had technical issues that caused some access problems for some voters. Analysis done of these failures indicated a significant chance of having impacted on the electoral results for the final councillors. In Kempsey, where the margin between the last elected and first non-elected candidate was only 69 votes, the electoral commission determined that the outage caused a 60% chance that the wrong final candidate was elected, Singleton was a 40% chance the wrong councillor, Shellharbour was a 7% chance and two other races impacted by a potential sub-1% chance of having elected the wrong candidate. The NSW Supreme Court ordered re-run elections in Kempsey, Singleton and Shellharbour Ward A. In Kempsey, the highest placed non-elected candidate from 2021, Dean Saul, was instead one the first councillors elected. [22] This failure caused the NSW Government to suspend the iVote system from use in the 2023 New South Wales state election.

See also

Related Research Articles

<span class="mw-page-title-main">Warringah Council</span> Former local government area in New South Wales, Australia

Warringah Council was a local government area in the northern beaches region of Sydney, in the state of New South Wales, Australia. It was proclaimed on 7 March 1906 as the Warringah Shire Council, and became "Warringah Council" in 1993. In 1992, Pittwater Council was formed when the former A Riding of Warringah Shire voted to secede. From this point on until amalgamation, Warringah Council administered 152 square kilometres (59 sq mi) of land, including nine beaches and 14 kilometres (9 mi) of coastline. Prior to its abolition it contained 6,000 hectares of natural bushland and open space, with Narrabeen Lagoon marking Warringah's northern boundary and Manly Lagoon marking the southern boundary.

<span class="mw-page-title-main">Wyong Shire</span> Former local government area in New South Wales, Australia

Wyong Shire was a local government area located in the Central Coast region of New South Wales, Australia. The incorporation of the Wyong area dates back to 7 March 1906 when the entire area of the Brisbane Water Police District outside of the Town of Gosford was proclaimed as the Erina Shire. From 1 January 1947, local government in the Central Coast region was reorganised, creating Gosford Shire and Wyong Shire, which comprised Erina Shire north and east of Kulnura, Central Mangrove and Lisarow.

<span class="mw-page-title-main">City of Willoughby</span> Local government area in New South Wales, Australia

The City of Willoughby is a local government area on the Lower North Shore of Northern Sydney, in the state of New South Wales, Australia. It is located 6 kilometres (3.7 mi) north of the Sydney central business district. It was first proclaimed in October 1865 as the Municipality of North Willoughby.

<span class="mw-page-title-main">City of Canada Bay</span> Local government area in New South Wales, Australia

The City of Canada Bay is a local government area in the Inner West region of Sydney, New South Wales, Australia. The city was formed on 1 December 2000, following the merger of Concord and Drummoyne councils. The city covers an area of 19.82 square kilometres (7.65 sq mi) and as at the 2021 census had a resident population of 89,177. The city is ultimately named after Canada Bay, a bay and suburb along the Parramatta River.

<span class="mw-page-title-main">Municipality of Burwood</span> Local government area in New South Wales, Australia

The Municipality of Burwood is a local government area in the inner-west of Sydney, in the state of New South Wales, Australia. The mayor of the Municipality is Cr. John Faker, a member of the Labor Party. The municipality is 7 km2, making it the second smallest Local Government Area in New South Wales, being larger than only Hunter's Hill.

<span class="mw-page-title-main">Lane Cove Council</span> Local government area in New South Wales, Australia

The Lane Cove Council is a local government area located on the Lower North Shore of Sydney, New South Wales, Australia. The administrative seat of Lane Cove is located 10 kilometres (6.2 mi) north-west of the Sydney central business district.

<span class="mw-page-title-main">Mosman Council</span> Local government area in New South Wales, Australia

Mosman Council is a local government area on the Lower North Shore of Sydney, New South Wales, Australia.

<span class="mw-page-title-main">Municipality of Kiama</span> Local government area in New South Wales, Australia

The Municipality of Kiama is a local government area in the Illawarra region of New South Wales, Australia. The area is situated south of Shellharbour and the City of Wollongong and is located adjacent to the Pacific Ocean, the Princes Highway and the South Coast railway line.

<span class="mw-page-title-main">Gundagai Shire</span> Former local government area in New South Wales, Australia

Gundagai Shire was a local government area in the Riverina region of New South Wales, Australia. On 12 May 2016, Gundagai Shire was abolished and merged with the neighbouring Cootamundra Shire to establish Cootamundra-Gundagai Regional Council.

<span class="mw-page-title-main">Boorowa Shire</span> Former local government area in New South Wales, Australia

Boorowa Council was a local government area in the South West Slopes region of New South Wales, Australia. The LGA was located adjacent to the Lachlan Valley Way and included Boorowa and the small towns of Rye Park, Rugby, Frogmore and Reids Flat. Burrowa LGA was formed on 1 September 1944 through the amalgamation of Murrungal Shire and the Municipality of Burrowa.

<span class="mw-page-title-main">Young Shire</span> Former local government area in New South Wales, Australia

Young Shire was a local government area in the South West Slopes region of New South Wales, Australia. The Shire was located adjacent to the Olympic Highway.

<span class="mw-page-title-main">Harden Shire</span> Former local government area in New South Wales, Australia

Harden Shire was a local government area in the South West Slopes region of New South Wales, Australia. The Shire included the twin towns of Harden and Murrumburrah and the small towns of Galong, Jugiong, Wombat and Kingsvale.

<span class="mw-page-title-main">Cootamundra Shire</span> Former local government area in New South Wales, Australia

Cootamundra Shire was a local government area in the Riverina region of New South Wales, Australia. The Shire was located adjacent to the Olympic Highway, the Burley Griffin Way and the Main South railway line. The Shire included the town of Cootamundra and the small towns of Stockinbingal, Brawlin and Wallendbeen and the locality of Frampton. The Shire was created on 1 April 1975 by the amalgamation of Jindalee Shire and the Municipality of Cootamundra.

<span class="mw-page-title-main">Tumbarumba Shire</span> Former local government area in New South Wales, Australia

Tumbarumba Shire was a local government area in the eastern Riverina region, located in the foothills of the Snowy Mountains, on the upper reaches of the Murray River in New South Wales, Australia. It came into existence in 1906. Prior to this the area covered by the shire was unincorporated. It included the town of Tumbarumba and the small towns of Rosewood, Tooma, Khancoban and Jingellic.

<span class="mw-page-title-main">Lockhart Shire</span> Local government area in New South Wales, Australia

Lockhart Shire is a local government area in the Riverina region of New South Wales, Australia. The Shire was created in 1906 and is an agricultural and pastoral area.

<span class="mw-page-title-main">Northern Beaches Council</span> Local government area in New South Wales, Australia

The Northern Beaches Council is a local government area located in the Northern Beaches region of Sydney, in the state of New South Wales, Australia. The council was formed on 12 May 2016 after the amalgamation of Manly, Pittwater, and Warringah councils.

<span class="mw-page-title-main">Federation Council, New South Wales</span> Local government area in New South Wales, Australia

Federation Council is a local government area located in the Murray region of New South Wales, Australia, formed in 2016 from the merger of the Corowa Shire with neighbouring Urana Shire.

<span class="mw-page-title-main">City of Canterbury-Bankstown</span> Local government area in New South Wales, Australia

Canterbury-Bankstown Council, trading as the City of Canterbury Bankstown, is a local government area located in the South Western region of Sydney, New South Wales, Australia. The council was formed on 12 May 2016 from a merger of the City of Canterbury and the City of Bankstown, after a review of local government in New South Wales by the state government. The eastern portion of the council that was once City of Canterbury falls within the northern portion of The Parish of St George above Wolli Creek and The M5 but below the Cooks River.

<span class="mw-page-title-main">Central Coast Council (New South Wales)</span> Local government area in New South Wales, Australia

The Central Coast Council is a local government area in the Central Coast region of New South Wales, Australia. It is adjacent to the Pacific Highway, Central Coast Highway, the Northern railway line and the Pacific Ocean. The council was formed on 12 May 2016 following the merger of the Gosford City and Wyong Shire Councils.

Jean Frances Hay is an Australian local government politician. She served as the Mayor of Manly Council from 1999 to 2004 and was the last mayor of Manly from 8 September 2008 to 12 May 2016, following Manly's amalgamation into the new Northern Beaches Council.

References

  1. ↑ "Special Article - The History of Government in New South Wales". New South Wales Year Book, 1998. Australian Bureau of Statistics, Australian Government. 7 March 2008. Retrieved 1 January 2017.
  2. ↑ Kelly, A. H. (4–8 July 2011). The Development of Local Government in Australia, Focusing on NSW: From Road Builder to Planning Agency to Servant of the State Government and Developmentalism (Paper). World Planning Schools Congress 2011. Perth: University of Wollongong . Retrieved 1 January 2017.
  3. 1 2 3 4 5 6 7 8 9 Tiley, Ian; Dollery, Brian (April 2010). "Local Government Amalgamation in New South Wales". Centre for Local Government. University of New England.
  4. ↑ "Local Government Directory". Office of Local Government. Government of New South Wales . Retrieved 25 May 2016.
  5. ↑ "4895 Royal Commission on Local Government Boundaries". State Records Archives Investigator. State Archives and Records Authority of New South Wales. Retrieved 2 November 2017.
  6. ↑ Sansom, Graham; Munro, Jude; Inglis, Glenn (25 October 2013). "Revitalising Local Government: Final Report" (PDF). Independent Local Government Review Panel. Government of New South Wales. Archived from the original (PDF) on 9 February 2015. Retrieved 11 January 2015.
  7. ↑ "Reform – Fit for the Future". Local Government NSW. 2015. Retrieved 11 January 2015.
  8. ↑ Baird, Mike (22 April 2015). "Terms of Reference for a review of local council Fit for the Future proposals by an Expert Advisory Panel" (PDF) (Press release). NSW Independent Pricing and Regulatory Tribunal . Retrieved 15 November 2015.
  9. ↑ Boxall, Peter J., AO; Jones, Catherine; Comrie, John (October 2015). Assessment of Council Fit for the Future Proposals (PDF). NSW Independent Pricing and Regulatory Tribunal. ISBN   978-1-925340-21-1 . Retrieved 15 November 2015.{{cite book}}: CS1 maint: multiple names: authors list (link)
  10. ↑ Baird, Mike; Toole, Paul (20 October 2015). "Fit for the future: $2 billion community windfall by merging unfit councils" (Press release). Government of New South Wales . Retrieved 15 November 2015.
  11. ↑ "NSW councils to merge under State Government plan for forced amalgamations; 2016 elections delayed". ABC News. Retrieved 21 December 2015.
  12. ↑ Kembrey, Melanie. "Council mergers: expert adviser Graham Sansom slams merger proposals". The Sydney Morning Herald. Retrieved 21 December 2015.
  13. ↑ "Background". Council Boundary Review. Government of New South Wales . Retrieved 18 February 2016.
  14. ↑ "Introduction". Stronger Councils. Government of New South Wales. 12 May 2016. Retrieved 12 May 2016.
  15. ↑ "New councils for NSW". Family & Community Services (Press release). Government of New South Wales. 12 May 2016. Retrieved 12 May 2016.
  16. ↑ "Local Government (Council Amalgamations) Proclamation 2016" (PDF). Stronger Councils. Government of New South Wales . Retrieved 12 May 2016.
  17. ↑ Raper, Ashleigh (31 May 2016). "NSW council amalgamations: Strathfield, Burwood and Canada Bay merger stopped". ABC News . Australia. Retrieved 1 June 2016.
  18. ↑ Davies, Anne (31 May 2016). "Council amalgamations: government push for mergers suffers setback". The Sydney Morning Herald . Retrieved 1 June 2016.
  19. ↑ "Joint Organisation – Council Secure Portal". www.strongercouncils.nsw.gov.au.
  20. ↑ Visentin, Lisa (22 December 2016). "Woollahra loses merger appeal, hints at High Court challenge". The Sydney Morning Herald . Retrieved 31 December 2016.
  21. ↑ Blumer, Clare; Chettle, Nicole (27 July 2017). "NSW council amalgamations: Mayors fight to claw back court dollars after backflip on merger". ABC News . Australia. Retrieved 27 July 2017.
  22. ↑ "'Angry and disappointed' voters in three NSW local government areas forced back to the polls on July 30". ABC News. 8 June 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.