ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR · Report

ORDINARY MEETING                                                                         16 MAY 2024


          regarding advertising devices and inserted among of things, Section 3(c)(i) – (iv) of Schedule
          10. On 20 February 2020 Council then adopted a consolidated version of the SLL1 which
          incorporated these amendments. The formatting error was not contained in this Consolidated
          Version.
      •   On 21 October 2021 Council made the Administration (Amendment) Subordinate Local Law
          (No.1) 2021 which made amendments to the SLL1 pertaining to short stay accommodation.
          On this date Council also adopted a Consolidated Version of the SLL1 which incorporated
          these amendments. This Consolidated Version included the formatting error. Attachment 3
          to this Report is section 3(c) of Schedule 10 of the Consolidated Version which contains the
          error.
4. Advice to amend the Consolidated Version
Council recently identified the formatting error and sought legal advice on 2 May 2024. Legal advice
provided on 7 May 2024 recommended that:
      a. Now that Council is aware that the Consolidated Version of the SLL1 is not accurate, for the
         avoidance of doubt, Council should adopt an amended Consolidated Version that rectifies
         the formatting error, and
      b. In line with section 32 of the LGA, Council will need to adopt an amended Consolidated
         Version by resolution as it is not a power that can be delegated to the CEO.

5. Enforcement Consequence of Formatting Error
The formatting error may result in an enforcement issue, but only to the extent that any reliance is
placed on the omitted section 3(c) of Schedule 10 of SLL1 between the commencement date of 1
February 2022 and up until an amended consolidated version is adopted by Council. It is considered
that the formatting error in the Consolidated Version is low risk given that Council did not rely on the
omitted section during this period. No infringements were issued for non-compliance with the omitted
criteria, and there were no formal complaints received from the public in relation to directional event
signage. It is important to highlight this does not include events on public land which are regulated
under an event permit issued by Council’s Property Branch.

Link to Corporate Plan
Theme No. 5 - Excellence

This theme focuses on customer experience, financial sustainability, innovation and technology,
levels of service, governance, our employees and volunteers, funding streams and asset
management practices.

Previous Council Consideration
Nil

Finance
Nil

Risk & Opportunities
Dealing with the formatting error as per the above recommendation means that Council can
demonstrate it is rectifying the formatting oversight in a transparent way and that this has been acted
upon once it became aware of the matter.


Consultation
External Consultation - Community & Stakeholder