2015-02-03 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                3 FEBRUARY 2015


Model Local Laws

The proposed Local Laws are the Model Local Laws, which were notified in the Government
Gazette on 25 June 2010, and are made available for adoption by local governments in
Queensland by the Department of Local Government, Community Recovery and Resilience (the
Department).

The Model Local Laws were drafted by the Queensland Office of Parliamentary Counsel in
accordance with the ‘Guidelines for drafting local laws and subordinate local laws’. The Model
Local Laws cover a range of matters considered appropriate for local government to regulate.
Model local laws are approved by the Minister of the Department as suitable for incorporation by
all local governments into their local laws.

The Department undertakes an extensive consultation and screening process in developing the
model local laws, which enables local governments to adopt a model local law without consulting
with public about the content.

The proposed Local Laws are the Model Local Laws provided by the Department. Accordingly,
pursuant to section 29(6) of the Local Government Act 2009, Council is not required seek public
consultation on the proposed Local Laws. However, Council will make the proposed Local Laws
available for public viewing as part of the public consultation process for the proposed Subordinate
Local Laws outlined below. The reason for this is that in order to understand the context and effect
of the proposed Subordinate Local Laws, each proposed Subordinate Local Law should be read
in conjunction with its corresponding proposed Local Law.

Subordinate Local Laws

Subordinate Local Laws are essential to give effect to their corresponding authorising Local Laws.
The Model Local Laws have been drafted to require local governments to develop Subordinate
Local Laws that specify the details of regulatory requirements that meet each local government’s
particular needs.

The attached proposed Subordinate Local Laws have been developed using the Subordinate Local
Law templates and guidelines provided by the Department. The templates provide a Subordinate
Local Law structure that is consistent with the heads of power provided in the corresponding Model
Local Law.

The “Subordinate Local Law making process” outlined on page 6 of the Approved Process, must
be used by Council to make a Subordinate Local Law.

Public Consultation Process

The Approved Process provides that Council must consult with the public about a proposed
Subordinate Local Law for at least 21 days (the Consultation Period) by:

 Publishing a consultation notice about the proposed Subordinate Local Law at least once in a
   newspaper circulating generally in the local government’s area;
 Displaying the consultation notice in a conspicuous place at the Tewantin Council Office from
   the first day of the Consultation Period until the end of the last day of the Consultation Period;
 Making a copy of the proposed Subordinate Local Law available for inspection at the Tewantin
   Council Office and on Council’s website during the Consultation Period; and
 Making copies of the proposed Subordinate Local Law available for purchase at the Tewantin
   Council Office and available for download from the Council’s website during the Consultation
   Period.



                                                                                    Page 82 of 122