2015-02-03 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 FEBRUARY 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                          3 FEBRUARY 2015

           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)   acopy of the notice; and
                           (b)   acopy of the local law in electronic form.
           Step 7          Update the Council’s register of its local laws.

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