2014-08-19 Infrastructure and Services Committee Agenda

 INFRASTRUCTURE & SERVICES COMMITTEE MEETING AGENDA                             19 AUGUST 2014




                                                                LOCAL LAW MAKING
                                                                        PROCESS


Corporate Plan Reference:             Setting Policy and Strategy


Adopted by Council:                   <Insert Date>


Policy Owner and Department:          Director, Community Services


 Introduction.
 In accordance with the “Local Government Act 2009” (“the Act”), this document sets out the
 procedure Noosa Council will use when making local laws. In particular when making:
 a)    Model Local Laws
 b)    Interim Local Laws
 c)    Other Local Laws
 d)    Subordinate Local Laws

 Relevant sections of the Act.
 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 with a local law, including each conviction when there is more than 1
             conviction for a continuing offence or repeat offence; or
       (b) that purports to stop a local law being amended or repealed in the future; or
       (c) 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 anti-
              competitive provision.

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