2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 OCTOBER 2017


                                                    ATTACHMENT 1




                                                       Page 13 of 84

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                               10 OCTOBER 2017

                                                                                  ATTACHMENT 1

 | @         NOOSA                                                       Council Policy
   mm Meee                                        Local Law Making Process

  Corporate Plan Reference:                Excellence as a Council
  Endorsed by Council:                     <Insert Date of Ordinary Meeting >
  Policy Author:                            Director Community Services

  Introduction
  In accordance with the Local Government Act 2009, this document sets out the procedure Noosa
  Council will use when making local laws. In particular when making:
  a)    Model Local Laws;
  b)    Other Local Laws; and or
  c) | Subordinate Local Laws.
  Relevant Sections of the Local Government Act 2009
  Division 2 Making, recording and reviewing local laws
  $28 Power to make a local law
  (1)   A local government may make and enforce any local law that is necessary or convenient for
        the good rule and local government of its local government area.
  (2)   However, a local government must not make a local law—
        a)   that sets a penalty of more than 850 penalty units for each conviction of failing to
             comply
        b)   with a local law, including each conviction when there is more than 1 conviction for a
             continuing offence or repeat offence; or
        c) — that purports to stop a local law being amended or repealed in the future; or about a
             subject that is prohibited under division 3.

  $29 Local law making process
  (1)   A local government may decide its own process for making a local law to the extent that the
        process is not inconsistent with this part.
  (2)   Alocal government makes a local law by passing a resolution to make the local law.
  (3)   If a local government proposes to make a local law about a matter (the new local law) and
        there is an existing local law about the same matter that would be inconsistent with the new
        local law, the local government must amend or repeal the existing local law so that there is
        no inconsistency.
        Note— The new local law may include the amendment or repeal of the inconsistent law in
        the same instrument.
  (4) | An interim local law must include a provision stating when the law expires.
  (5)   A local government must ensure its local laws are drafted in compliance with the guidelines
        issued by the Parliamentary Counsel under the Legislative Standards Act 1992, section 9 for
        local laws and subordinate local laws.
  (6)   To remove any doubt, it is declared that a local government does not have to carry out any
        public consultation before making either of the following—
        a) — aninterim local law;
        b)   a local law that only incorporates a model local law and does not contain an
             anticompetitive provision.

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