Local Laws

2015 – Local Law Making Process V1

Local Laws Register 2015 GOV 15-05-19

VID 15-06-15 YASC Local Law 1 _ Administration 2015

VID 15-07-13 YASC Subordinate Local Law 1 _ Administration 2015

VID 15-06-15 YASC Local Law 2 _ Animal Management 2015

VID 15-07-13 YASC Subordinate Local Law 2 _ Animal Management 2015

VID 15-06-15 YASC Local Law 3 _ Community and Environmental Management 2015

VID 15-07-13 YASC Subordinate Local Law 3 _ Community and Environment Management 2015

VID 15-06-15 YASC Local Law 4 _ Local Government Controlled Areas, Facilities and Roads 2015

VID 15-07-13 YASC Subordinatre Local Law 4 _ Local Government Controlled Areas, Facilities and Roads 2015

VID 15-06-15 YASC Local Law 7 _ Indigenous Community Land Management 2015

VID 15-07-13 YASC Subordinate Local Law 7 _ Indigenous Community Land Management 2015

YARRABAH ABOROGINAL SHIRE COUNCIL

Local Laws govern most of Council’s roles and responsibilities including animal control, overgrown allotments, pests and weeds, and nuisances such as noise and dust.

Following a review of Local Laws, in 2015 Council introduced six new Local Laws and Subordinate Local Laws to replace all of the former laws of Yarrabah Aboriginal Shire Council.

The Queensland Department of Local Government and Planning’s online Local Laws Database is the reference source for all Local Laws and Subordinate Local Laws.

REPEAL OF LOCAL LAWS

The Yarrabah Aboriginal Shire Council has made by resolution on 16 June 2015 the Repealing Local Law No. 1 (Miscellaneous Local Laws) 2015 which repeals the following redundant Local Laws:

00- CDEP Management Committee Local Law 2007

00 – Housing Management Committee Local Law

01 – Administration

02 – Law and Order

03 – Keeping and Control of Animals

04 – Control of Nuisances

05 – Roads

06 – Land and Natural Resource Management.

 

LOCAL LAWS

The Yarrabah Aboriginal Shire Council has made by resolution on 16 June 2015 to adopt the model Local Laws listed below:

 

Local Law No. 1 (Administration) 2015

This law provides a legal and procedural framework for administering, implementing and enforcing Council’s local laws, subordinate local laws and specified regulatory powers under legislation. It also provides for miscellaneous administrative matters.

 

Local Law No. 2 (Animal Management) 2015

This local law regulates and manages the keeping and control of animals in the Yarrabah Local Government area.

 

Local Law No. 3 (Community and Environmental Management) 2015

This local law protects the environment and public health, safety and amenity within the Yarrabah Local Government area.

 

Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015

This local law protects the health and safety of persons using local government controlled land, facilities, infrastructure and roads; and preserves features of the natural and built environment and other aspects of the amenity of Council’s controlled land, facilities, infrastructure and roads.

 

Local Law No. 7 (Indigenous Community Land Management) 2015

This local law is to enable local governments to regulate Reserve and Deed of Grant in Trust land, including who may enter, be in or live in, the trust area, the management of camping sites and the designation and regulation of parks and reserves on trust land.

 

SUBORDINATE LOCAL LAWS

The Yarrabah Aboriginal Shire Council has made by resolution on 13 July 2015 to adopt the model Subordinate Local Laws listed below:

 

Subordinate Local Law No. 1 (Administration) 2015

This subordinate local law supplements Local Law No. 1 (Administration) 2015.

 

Subordinate Local Law No. 2 (Animal Management) 2015

This subordinate local law supplements Local Law No. 2 (Animal Management) 2015.

 

Subordinate Local Law No. 3 (Community and Environmental Management) 2015

This subordinate local law supplements Local Law No. 3 (Community and Environment Management) 2015.

 

Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015

This subordinate local law supplements Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015.

 

Subordinate Local Law No. 7 (Indigenous Community Land Management) 2015

This subordinate local law supplements Local Law No. 7 (Indigenous Community Land Management) 2015.

 

 

The above Local Laws and Subordinate Local Laws contain anti-competitive provisions. These provisions were addressed in the Public Interest Test Report.

 

A copy of the above Local Laws and Subordinate Laws are available for inspection at the Yarrabah Aboriginal Shire Council’s office at 56 Sawmill Road, Yarrabah and on the website athttp://www.yarrabah.qld.gov.au/local-laws.

 

Chief Executive Officer

Janelle Menzies

 

 

 

 

 

ABOUT LOCAL LAWS

What is a local law?

A local law is a regulatory instrument adopted by a local government which regulates all or part of the local government area, but is subordinate to the operation of State or Commonwealth Legislation. The Local Government Act 2009 (Qld) sets out the process Council must follow to make local laws, subordinate local laws and interim local laws.

There are three different types of local law:

  1. A “model local law” is a local law approved and gazetted by the Minister as being suitable for adoption by all councils.
  2. An “interim local law” is a local law that has effect for six (6) months or less.
  3. A “subordinate local law” means a local law that: –
  4. is made under a power contained in a local law; and
  5. provides for the detailed implementation of the broader principles contained in the local law.A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.

Local laws must be consistent with State and Commonwealth legislation.

Council is 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 which is maintained by Council.

 

How do local laws and subordinate local laws interact?

Local laws set out what Council can and can’t do (“heads of power”).  Subordinate local laws only provide definition to the heads of power given in the local laws.

Example: A local law provides for the right for a local government to declare an animal a Local Pest.  The subordinate local law stipulates what breed of animal is considered a Local Pest. The local law states the power.  The subordinate local law provides clarification and is able to be updated by Council to include different breeds of animals with little difficulty.

 

What topics are Council prohibited from regulating under local laws?

Council is prohibited from regulating the following topics by way of its local laws, namely: –

  1. Network Connections – an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.
  2. Election Advertising – prohibiting or regulating the distribution of how-to-vote cards or prohibiting the placement of election signs or posters for government elections (local, State or Federal).
  3. Development Processes – establishing an alternative development process that is similar to or duplicates all or part of a process in chapter 6 of the Sustainable Planning Act 2009 (Qld).
  4. Anti-competitive provisions – creating barriers to entry to a market or barriers to commercial competition.
  5. Swimming pool safety – regulating the construction or maintenance of barriers for a regulated pool, or regulating a matter ensuring the safety of persons using a regulated pool where State legislation prescribes a pool safety standard.

 

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