2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 OCTOBER 2017




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                10 OCTOBER 2017

 COUNCIL POLICY -LOCAL LAW MAKING PROCESS

               If the local government decides, by resolution, that the proposed subordinate local
               law only amends an existing subordinate local law to make an insubstantial change,
               and the amendment does not affect an anti-competitive provision, the local
               government may proceed to step 5 without satisfying any of step 2 to step 4
               inclusive.

  Step 3 —     If the proposed subordinate local law contains an anti-competitive provision, comply
               with the procedures prescribed under a regulation for the review of anti-competitive
               provisions.  For avoidance of doubt, step 2, and this step 3, may be undertaken
               contemporaneously.

  Step 4 —     Accept and consider every submission properly made to the local government.
               A submission is properly made to the local government if it—
                (a)  is the written submission of any person about the proposed subordinate local
                     law; and
                (b)  states—
                     (i) | the grounds of the submission; and
                     (ii) | the facts and circumstances relied on in support of the grounds; and
                (c)  is given to the local government on or before the last day of the consultation
                     period.

  Step 5 —     By resolution, decide whether to—
                (a)  proceed with the making of the proposed subordinate local law as advertised;
                     or
                (b)  proceed with the making of the proposed subordinate local law with
                     amendments; or
                (c)  make the proposed subordinate local law as advertised; or
                (d)  make the proposed subordinate local law with amendments; or
                (e)  not proceed with the making of the proposed subordinate local law.
                If the local government resolves to proceed with the making of the proposed
                subordinate local law with amendments, and the amendments are substantial, the
                local government may again —
                (a)   consult with the public at step 2; and
                (b)   accept and consider every submission        properly made to the _ local
                      government at step 4.
                For the avoidance of doubt, if an amendment changes an anti-competitive
                provision, the local government must again comply with the procedures prescribed
                under a regulation for the review of anti-competitive provisions for the amended
                anti-competitive provision.

  Step 6 —     Let the public know that the subordinate local law has been made, by publishing
               notice of the making of the subordinate local law in accordance with the
               requirements of section 29B(1) to (4) inclusive of the Local Government Act 2009.

  Step 7 —     As soon as practicable after the notice is published in the gazette, ensure that a
               copy of the subordinate local law may be inspected and purchased at the local
               government's public office.

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