Meeting papers

ATTACHMENT 2



                                                                            Council Policy
                                                    Local Law Making Process
 Corporate Plan Reference:                  Excellence as a Council

 Endorsed by Council:                       19 October 2017

 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
 s28 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       c)    that purports to stop a local law being amended or repealed in the future; or about a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.

 s29 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)   A local 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)     an interim local law;
       b)     a local law that only incorporates a model local law and does not contain an
              anticompetitive provision.

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