Suburban municipal government

Unique IDFN-0029Description*** This function reflects the whole of the responsibilities and powers allocated to the suburban municipal Councils that were absorbed by Sydney City Council in 1908 and 1949 ***

It does not cover the South Sydney Municipal Council (1968-1981) which was created by excising territory from the City of Sydney, and then reabsorbed into the City. The SSMC operated under the same legislative code (Local Government Act 1919 as amended) as the City of Sydney. For SSMC functions, see functions noted as *** applying to all Councils ***

These Councils, with dates of their creation, and absorbtion by the City, were:
Alexandria Municipal Council (1868-1948)
Camperdown Municipal Council (1862-1908)
Darlington Municipal Council (1864-1948)
Erskineville Municipal Council (formerly Macdonaldtown 1893-1948)
Glebe Municipal Council (1859-1948)
Macdonaldtwon Municipal Council (1872-1893 renamed Erskineville)
Newtown Municipal Council (1862-1948)
Redfern Municipal Council (1859-1948)
Paddington Municipal Council (1860-1948)
Waterloo Municipal Council (1860-1948)

In New South Wales, local government was introduced with the Sydney Corporation Act 1842. However this legislation applied only to the City of Sydney. Municipal government for other areas of the Colony was only introduced with the passage of the Municipalities Act 1858. This Act was replaced by new Municipalities Acts in 1867 and 1897, and by the Local Government Act 1919, each of which clarified anomalies, and provided new powers and responsibilities.

From 1842 until 1948, the City of Sydney remained subject to its own special legislation, while all other local governments in NSW were subject to another set of legislation. From 1949 the City of Sydney lost its special status and came under the Local Government Act 1919. This Act was replaced by the Local Government Act 1993 which now governs all local governments in New South Wales. From 1988 another City of Sydney Act has also applied only to the City, as an overlay to the Local Government Acts.

In addition to the major pieces of legislation discussed above, the NSW Parliament passed (and continues to pass) many other laws relating to local government. These can broadly be divided into two categories: those affecting particular municipalities (for example the Borough of Redfern Electric Lighting Act 1895), and those affecting a number of municipalities in a particular way (for example the Municipal Baths Act 1896).

Legislation not specifically about local government can also contain provisions which affect municipal responsibilities (for example the Public Health Act 1902).

Copies of the major pieces of legislation affecting the municipal councils absorbed by Sydney City Council are available for consultation at the Archives. However we do not have a complete set of past and current NSW legislation, and researchers are advised to visit the State Library of NSW for this.

MAJOR RESPONSIBILITIES

The major responsibilities and powers of municipal councils (other than Sydney) for the period before 1949 are listed in the table below. It is important to understand that the creation of records by a municipality is directly related to the carrying out of its powers and responsibilities. The table is not a complete listing.

Municipalities Act 1858:
New municipalities could be created on the petition of at least fifty resident householders.
Adjoining areas could be added to an existing municipality.
Part of a municipality could be split off to form a new municipality.
Municipalities could be divided into wards.
Councils could appoint salaried/waged officers and servants.
Power to abate and remove nuisances (offensive matter, noxious trades etc).
Care and management of public roads, wharves, bridges etc.
Care and management of water supply, sewerage, street-lighting.
May establish hospitals, asylums, public libraries and museums, botanical gardens etc.
Power to levy rates and to borrow money.
Power to establish committees.

In the following sections, powers and responsibilities first established in 1858 (or later) are not repeated under later Acts if they carried forward essentially unchanged.

Municipalities Act 1867:
Power to own municipal property.
Ratepayers to have cumulative votes based on value of their property.
Responsibility for care construction and management of cemeteries, baths and wash-houses.
May levy a fee on public vehicles.
Power to extirpate noisome weeds.
Responsibility for ensuring houses, fences etc do not encroach onto streets.
May establish free infant schools.
Power to make by-laws to control houses of ill-fame, bowling alleys, and amusement places.
Responsibility to control markets, slaughterhouses, public reserves.
Power to open new roads.

Municipalities Act 1897:
Power to establish gas works and to supply gas to premises and for street lighting.
Power to lease or purchase wharves.
Power to construct and manage public pounds (Impounding Act 1865).
Codification of general power to control building and construction works.
Responsibility for house numbering (and street naming?).
Authority to receive notice of any proposal to construct a building (but not to approve it).

Local Government Act 1919 (including amendments to 1949):
Responsibility for public health and sanitation measures.
Responsibility for rubbish collection and disposal.
Power to construct and manage a wide variety of community facilities including welfare centres for infants and aged persons.
Regulation of the treatment and sale of milk.
Supervision of animals.
Regulation of boarding houses and hairdressers.
Regulation of new building and changes to existing buildings (and retain copies of plans).CreationMunicipalities Act 1858
Municipalities Act 1867
Municipalities Act 1897
Local Government Act 1919 (amended to 1948)AbolitionCity of Sydney Boundaries Extension Act 1908.
Camperdown Municipality absorbed by Sydney City Council.

Local Government (Areas) Act 1948.
Municipalities absorbed by Sydney City Council

Agency

Leichhardt Municipal Council

Waterloo Municipal Council

Paddington Municipal Council

Redfern Municipal Council

Newtown Municipal Council

Macdonaldtown Municipal Council

Glebe Municipal Council

Erskineville Municipal Council

Darlington Municipal Council

Camperdown Municipal Council

Alexandria Municipal Council

Description

Start date27th October 1858End date31st December 1948

Identification

Source system ID29

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Suburban municipal government