Council has the power to make local laws to maintain community health and safety.
Local laws control certain activities in your Local Government Area and cover issues such as:
Local laws set rules about the use of roads, Council facilities and public infrastructure. They also outline when you need a permit to carry out an activity in your community, such as holding a festival or operating a business.
We have Model Local Laws and Subordinate Local Laws.
A Model Local Law gives the local government the ability to make rules about issues that affect your community.
A Subordinate Local Law sits below the Model Local Law and sets out the rules created by the local government.
For example, ‘Model Local Law No. 2’ gives Council the power to restrict the number of animals that can be kept on an allotment. Subordinate Local Laws specify the limit on the number of animals.
The Model Local Law says that Council can regulate the issue of Animal Management, while the Subordinate Local Law sets the rules about Animal Management.
A Model Local Law is approved and gazetted by the Minister as being suitable for adoption by all councils.
If there’s inconsistencies between the Subordinate Local Law and the Model Local Law, the Model Local Law is applied. Local laws must be consistent with State and Commonwealth legislation.
We’re required to let the public and the Minister know whenever a local law is made, changed or repealed (cancelled).
Local laws must be recorded in a Local Laws Register and we maintain this.
The Local Government Act 2009 states that there are certain issues that Council cannot regulate. These include:
Locally employed Environmental Health Workers are the appointed Authorised Persons for our Council.
The role of an Authorised Person is to enforce Council’s Local Laws and they’re chosen by the Local Government and must wear their ID badges when exercising their powers.
If an ID Badge is unavailable when exercising powers, the Authorised Person must come back to show the ID Badge to the person(s) affected.