Local governments are established by state and territory governments to take responsibility for a number of community services. Powers for NSW Councils are defined by the NSW state government. Local Governments have no constitutional recognition.
The Local Government Act 1993 and many other Acts grant powers and responsibilities to local councils. Some Acts provide a wide power of jurisdiction within a local government's area, while others contain specific powers for local government. Other acts relevant for local government include:
- Environment Planning & Assessment Act
- Protection of the Environment Operations Act
- Waste Minimisation & Management Act
- Public Health Act
- Roads Act.
Each Council is a Statutory Corporation and can sue or be sued as a corporate entity. The Councillors are the governing body of the corporation and they have the responsibility of directing and controlling the affairs of the Council in accordance with relevant legislation.
The Local Government Act 1993 gives councils a charter, which is a set of principles that each council must pursue in carrying out its functions. These principles include:
- Community leadership
- Custodian and trusteeship over public assets
- Facilitation of development, improvement and coordination of local communities
- Obligations to inform both the local community and the state government of the council's activities
In general, the Act details:
- how councils should be administered
- how council finances should be organised
- what council's formal legal powers are
- what procedures should be adopted for levying and collecting rates
- what rules apply for holding elections
- how council meetings should be conducted.
Councils have both elected representatives known as Councillors and employed staff. Both groups have clear and distinct roles and responsibilities.
The main duties of the elected council are:
- to make decisions about the running of the community and the council
- to listen to the problems and ideas of local people and make sure that the council does what they need
Each year, council develops a Management Plan for the next 12 months. In developing its management plan and making its decisions Council should consider the following:
- the short term, long term and cumulative impacts of its decisions
- the relationship it shares with the State government in providing services and support to its community
- the needs of the different members of the community
- the environmental and public health responsibilities to present to future generations
- the obligation to behave consistently and in an unbiased manner
- undertaking appropriate consultation with the community.