2014-08-19 Infrastructure and Services Committee Agenda

INFRASTRUCTURE & SERVICES COMMITTEE MEETING AGENDA                            19 AUGUST 2014


How this procedure is to be used.
The process identified in this document is to be used whenever the council decides to make a
new local law (including a local law that amends an existing local law) unless the procedure is
amended or replaced by a future council resolution.

Council can at any time make a resolution pursuant to section 29(1) of the Act and decide on a
different process for making a local law, provided the process complies with Chapter 1, Part 3 of
the Act.

A.   Making a local law that is a model local law

The process (“model local law making process”) stated in this resolution must be used to
make a local law that is an adopted model local law.

Step 1           By resolution, propose to adopt the model local law.

Step 2           If the model local law proposed for adoption contains an anti- competitive
                 provision comply with the procedures prescribed under a regulation for the
                 review of anti-competitive provisions.

Step 3           By resolution, Council must decide whether to:
                 (a) make the local law and, if there is an existing local law about the matter
                      that is inconsistent with what is adopted amend or repeal the existing
                      local law so that there is no inconsistency (amendment or repeal of the
                      inconsistent law may be done in the same instrument adopting the local
                      law); or
                 (b) proceed with the making of the proposed local law with amendments; or
                 (c) not proceed with the making of the proposed local law.

                 If Council resolves to proceed with the making of the local law with
                 amendments, the use of the model local law making process is to be
                 discontinued, and the proposed adoption of the model local law with
                 amendments must then be progressed using the “other local law making
                 process” (provided separately), commencing at step 2.

                 If the Council resolves to adopt and make the model local law without
                 amendments, continue this process at step 4.

Step 4           Let the public know that the local law has been made, by publishing a notice
                 of the making of the local law in the gazette, fully complying with the
                 requirements set out in section 29B(3) of the Local Government Act 2009, and
                 on the local government’s website, fully complying with the requirements set
                 out in section 29B(4) of the Local Government Act 2009, within 1 month after
                 the day when the local government made the resolution.

Step 5           As soon as practicable after the notice is published in the gazette, ensure
                 that a copy of the local law may be inspected and purchased at the Tewantin
                 Council Office, and be viewed and downloaded from the Council’s website.

Step 6           Within 14 days after the notice is published in the gazette, give the Minister:
                 (a) a copy of the notice; and
                 (b) a copy of the local law in electronic form.

Step 7           Update the Council’s register of its local laws.



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