Local Governments make local laws to assist in carrying out its functions and powers in its district. It should be noted that any contravention of these local laws can lead to prosecution.
The Local Government Act 1995 (Part 3, Division 2) s.3.5 states as follows:
3.5. Legislative power of local governments
- 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.
- 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.
- 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.
The procedure the Shire of Toodyay follows in respect to the making of a Local Law is in accordance with the Local Government Act 1995 (Part 3, Division 2) s.3.12 which states as follows:
3.12 Procedure for making local laws
- In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.
- At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.
- The local government is to —
- give State-wide public notice stating that —
- the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and
- a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
- submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;
- as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and
- provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
- A notice under subsection (3) is also to be published and exhibited as if it were a local public notice.
- After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.
* Absolute majority required.
- After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.
- After the local law has been published in the Gazette the local government is to give local public notice —
- (a)stating the title of the local law; and
- summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and
- advising that copies of the local law may be inspected or obtained from the local government’s office.
- The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.
- In this section —
- making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.
[Section 3.12 amended by No. 1 of 1998 s. 8; No. 64 of 1998 s. 6; No. 49 of 2004 s. 16(4) and 23.]
Local Laws Register
The Department of Local Government maintains a Local Laws Register which records details of when each law was made, amended or repealed.
The following link http://dlg.wa.gov.au/ takes you to the Department of Local Government homepage.
When you get there, click the Legislation tab on the menu bar. This will bring up a pull down menu. Click on “Local Laws” and you will be taken to another pull down menu.
The Local Laws Register will enable you to review and conduct searches in respect to gazetted Local Laws.”
The Shire of Toodyay operates under the following local laws:
If you have any queries in relation to the above local laws please email the CEO via the email firstname.lastname@example.org or alternatively phone (08) 9574 9307.