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2015-02-03 Planning & Organisation Committee Agenda

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 FEBRUARY 2015




                                                      Page 87 of 122

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                            3 FEBRUARY 2015

           B.    Making a local law that is an interim local law
           The process (“interim local law making process”) stated in this resolution must be used to make
           a local law that is an adopted interim local law.
           Step 1           By resolution, propose to adopt the interim local law.
           Step 2           Consult with relevant government entities about the overall State interest in the
                            proposed interim local law, if the interim local law does not incorporate a model
                            local law or is a subordinate local law.

           Step 3           By resolution, Council must decide whether to:
                            (a)   adopt and make the proposed interim 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 for the period
                                  of effect of the interim local law (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   interim  local law with
                                  amendments; or
                            (c)   not proceed with the making of the proposed interim local law.
                            If Council resolves to proceed with the making of the interim local law but not to
                            set an expiry date for the interim local law, the use of the interim local law making
                            process is to be discontinued, and the proposed adoption of the 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 interim local law with or without
                            amendments, continue this process at step 4.
           Step 4           Let the public know that the interim 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 Loca/ 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 interim 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)   copy of the interim local law in electronic form.
           Step 7           Update the Council’s register of its local laws.

                                                                                                 Page 87 of 122
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