2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA       28 APRIL 2015




                                                   Attachment 4




                                                      Page 181 of 211

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                      28 APRIL 2015

                                                                                               Attachment 4

         |  xe
            ge} NOOSA COUNCIL                                        LOCAL          ae nocess |
                                                                                                             |
                                                                                                             |

         boven                                                                                   ee
         | 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
            s28 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                  (b) _ that purports to stop a local law being amended or repealed in the future; or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 fo 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.

    Document Set ID: 19856632
    Version: 1, Version Date: 23/01/2015

                                                                                                    Page 181 of 211