2015-02-03 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 FEBRUARY 2015



                                                      ATTACHMENT 3




                                                      Page 85 of 122

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                         3 FEBRUARY 2015

                                                                                             ATTACHMENT 3

           as
         or MENLO ECOL eNO                                          LOCAL LAW MAKING
                                                                                       PROCESS

         Corporate Plan Reference:           Setting Policy and Strategy

         Adopted by Council:                 28 August 2014

         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
          $28 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                (b)  that purports to stop a local law being amended or repealed in the future; or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.
          $29 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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