Western Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1995 - SECT 3

3 .5.         Legislative power of local governments

        (1)         A local government may make local laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.

        (2)         A local law made under this Act does not apply outside the local government’s district unless it is made to apply outside the district under section 3.6.

        (3)         The power conferred on a local government by subsection (1) is in addition to any power to make local laws conferred on it by any other Act.

        (4)         Regulations may set out — 

            (a)         matters about which, or purposes for which, local laws are not to be made; or

            (b)         kinds of local laws that are not to be made,

                and a local government cannot make a local law about such a matter, or for such a purpose or of such a kind.

        (5)         Regulations may set out such transitional arrangements as are necessary or convenient to deal with a local law ceasing to have effect because the power to make it has been removed by regulations under subsection (4).

        [Section 3.5 amended by No. 64 of 1998 s. 5.]