This exemption means that councils can continue to undertake these necessary firefighting, prevention and recovery activities which would usually require approval from the Commonwealth without seeking and obtaining that approval. Councils are reminded that, in undertaking these activities they must continue to comply with all applicable State legislation and requirements of relevant NSW agencies (eg: obtaining a Bush Fire Hazard Reduction certificate from the NSW Rural Fire Service).

The Office of Local Government (OLG) has agreed to be the State coordinating agency between affected local councils seeking assistance and councils who have the capacity to assist. OLG has teamed up with the City of Sydney, Sydney Resilience Office and Local Government NSW to provide a disaster recovery council resource co ordination service to assist councils impacted by the bushfire crisis.

The NSW Government has announced the first comprehensive review of the Impounding Act 1993 since it commenced (the Act).

Amendments have been made to the electoral provisions of the Local Government (General) Regulation 2005 (the Regulation). The amendments give effect to the Government’s commitment, made in its response to the Independent Pricing and Regulatory Tribunal’s review of local government election costs, to modernise the electoral provisions of the Regulation and to align them with the more contemporary and efficient practices used at State elections in time for the September 2020 council elections.

The draft Code of Accounting Practice and Financial Reporting (Code) (update 28) has been released for comment. Guidance material on AASB 16 Leases, AASB 15 Revenue from Contracts with Customers and AASB1058 Income of Not‑for-Profit Entities.

Councils can use the annual report checklist and joint organisations can use the annual performance statement checklist to ensure that all the information required under the Local Government Act 1993 (the Act), the Local Government (General) Regulation 2005 and other relevant legislation and guidelines is in their annual report and annual performance statement.

New councils formed in 2016 that have opted out of the rates path protection extension will cease to be included under the Ministerial Determination issued for Section 218CB of the Local Government Act 1993. New councils that have decided to extend the rates path protection will be included under provisions of the Ministerial Determination to 2021. New councils formed in 2016 will be eligible to apply for a Special Variation or Minimum Rate Variation, regardless of whether they have opted out of the rates path protection extension.

The LGNSW Conference is the annual policy-making event for NSW councils and associate members. It is well attended by mayors/deputy mayors, councillors, general managers and senior staff.

The purpose of this Circular is to inform councils and joint organisations of the recent decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134. The Court’s decision may be found here. The Supreme Court has held that, notwithstanding the penalties available to councils for code of conduct breaches by councillors under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures), the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors, is the power to formally censure conferred under section 440G.

Councils are reminded to inform the NSW Electoral Commissioner (NSWEC) if they have resolved for the NSWEC to administer a constitutional referendum or poll in conjunction with the 2020 local government elections.