LOCAL GOVERNMENT ACT 2009 No. 17 - SECT 29 29 Local law making process

LOCAL GOVERNMENT ACT 2009 No. 17 - SECT 29

(1) Each local government may decide its own process for making a local law.

(2) However, the process must be consistent with this section.

(3) The local government must consult with relevant government entities about the overall State interest in a proposed local law before it makes the local law, unless the local law is--

(a) an interim local law; or

(b) a local law that is an adopted model local law; or

(c) a subordinate local law.

(4) The local government must let the public know that a local law has been made, by publishing a notice of making the local law--

(a) in a newspaper that is circulating generally in the local government area; and

(b) in the gazette; and

(c) on the local government's website.

(5) The notice must be published within 1 month after the day when the local government made the resolution to make the local law.

(6) The notice must state--

(a) the name of the local government; and

(b) the date when the local government made the resolution to make the local law; and

(c) the name of the local law; and

(d) the name of any existing local law that was amended or repealed by the new local law; and

(e) if the local law is an adopted model local law--that fact; and

(f) if the local law is an interim local law--that fact, and the date on which the interim local law expires; and

(g) if the local law is a subordinate local law--the name of the local law that authorises the subordinate local law to be made; and

(h) the purpose and general effect of the local law; and

(i) if the local law contains an anti-competitive provision--that fact; and

(j) that a copy of the local law may be--

(i) inspected and purchased at the local government's public office; and

(ii) inspected at the department's State office.

(7) As soon as practicable after the notice is published in the gazette, the local government must ensure that a copy of the local law may be inspected and purchased at the local government's public office.

(8) A copy of a local law must cost no more than the cost to the local government of making the copy available for purchase.

(9) Within 7 days after the notice is published in the gazette, the local government must give the Minister--

(a) a copy of the notice; and

(b) a copy of the local law; and

(c) a drafting certificate for the local law.

Note--

See section 121 for the powers of the Minister in relation to a local law that is not made according to this section.