Circulars

What’s new or changing?

• The Mutual Recognition Scheme is now available to all NSW councils, facilitated by amendments to the Local Government Act 1993 and Local Government (General) Regulation 2021.
• The Mutual Recognition Scheme has been designed to simplify the approval process and reduce the administrative and cost burden on councils and mobile businesses.
• Instead of requiring a mobile business to obtain separate ‘Section 68’ approval from each council where they intend to operate, holders of eligible approvals may seek to have a current approval recognised by other councils.
• Council participation in mutual recognition is non-mandatory; however, councils are encouraged to recognise approvals to reduce the administrative burden associated and improve economic outcomes in their area.
• The Mutual Recognition Scheme contains the following provisions: 
  • Authorise councils to recognise an approval issued by another council under Part D or Part F7 of Section 68 of the Local Government Act 1993
  • Prescribe particulars to be inserted by a council on a Recognition Certificate
  • Apply any enforcement powers for Section 68 approvals to recognition of approvals
  • Establish an offence that can be applied against a person that has had an approval revoked and has not notified the councils who have recognised the approval.
• To support the new Mutual Recognition Scheme, the Office of Local Government (OLG) has developed Mutual Recognition Guidelines (Guidelines), FAQ’s, explanatory videos, best practice forms and a model council policy template.
• The Guidelines and supplementary suite of resources can be accessed via the OLG website https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/

What will this mean for council?

• The Mutual Recognition Scheme has commenced. All current and new approvals issued under Section 68 Part D or Part F7 of the Local Government Act 1993 are eligible for mutual recognition requests.
• Councils are not required to formally opt-in to participate in the Mutual Recognition Scheme and have discretion to participate in the Mutual Recognition Scheme.
• Councils who participate in the Mutual Recognition Scheme may need to review suitability of existing forms, processes, policies and fees for managing mutual recognition requests.
• Guidelines and supporting material is available on the OLG website:
  https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition/.

Key points

• Mutual recognition is immediately available to all councils and holders of eligible approvals (Section 68 Part D or Part F7).
• OLG has developed Guidelines and a suite of resource materials to assist councils and businesses interpret, implement and use the Mutual Recognition Scheme.
• The development of the Mutual Recognition Scheme and the supporting Guidelines has been a collaborative effort, informed through engagement with various NSW Government agencies, local councils and the mobile business sector.

Where to go for further information

• For further information go to https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition, or contact the Sector Policy and Frameworks team on
  02 4428 4100 or via email at olg@olg.nsw.gov.au    

Brett Whitworth
Deputy Secretary
Office of Local Government