2014-08-19 Infrastructure and Services Committee Agenda

INFRASTRUCTURE & SERVICES COMMITTEE MEETING AGENDA                                 19 AUGUST 2014


7                         LOCAL LAW MAKING PROCESS
DOCUMENT IN FOR MATI ON




Author                          Disaster Management and Public Order Manager, Ron Thomas
                                Community Services Department

Index                           Local Laws / local Laws Governance

Attachments                     1.   Local Law Making Process


EXECUTIVE SUMMARY
Pursuant to the Local Government (De-amalgamation Implementation) Regulation 2013, Noosa
Council inherited the suite of Local Laws & Subordinate Local Laws developed and implemented
by the Sunshine Coast Council for the former Sunshine Coast Council local government area.
The suite of Local Laws includes a range of matters that are now redundant and inconsistent in
their operational implementation and governance of Noosa Shire e.g. parking schedules, dog
exercise areas.

Accordingly, Council needs to undertake a review of these local laws in order to ensure the local
laws reflect the values of the Noosa community and are up to date with legislative changes in
State and Federal Laws.

Before a Local Government can adopt, amend or repeal a local law, it must first adopt a Local
Law Making Process. This process sets out the procedural steps that must be undertaken by the
Local Government. Without this adopted process, a local law would have no effect.

RECOMMENDATION
That Council note the report by the Disaster Management & Public Order Manager to the
Infrastructure & Services Committee Meeting dated 19 August 2014 adopt the Council Local Law
Making Process as set out in Attachment 1 to the report.

REPORT
In January 2014, Noosa Shire Council was formally established as a local government. The Local
Government (De-amalgamation Implementation) Regulation 2013, provided for the existing
Sunshine Coast Council Local Laws to become the Local Laws of Noosa Shire Council until such
times those local laws are amended or repealed by Noosa Shire Council.
Given there are a number of matters within the current suite of local laws that have no relevance
or are redundant to Noosa Shire e.g. dog exercise areas, parking areas or do not reflect the way
Noosa seeks to do business, we need to introduce a new suite of local laws for the Shire.
Section 28 of the Local Government Act 2009 (the Act) allows for a local government to make
and enforce any local law that is necessary or convenient for the good rule and local government
of its local government area. Section 29 states a local government may decide its own process
for making a local law to the extent that the process is not inconsistent with the Act.
To comply with the Act and to ensure procedural compliance is achieved to allow Council to
make local laws, a Council Local Law Making Process (Attachment 1) has been developed. This
process is similar to the process adopted by other Queensland Councils and is consisent with
Department of Local Govenment processes. If approved by Council, the procedure will become
the process our Council will follow when introducing new Local and Subordinate Local Laws,
making amendments to existing Local Laws or making an Interim Local Law. Without a
procedure, the local law making process would not comply with the conditions of the Act and
could not commence.

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