Local Government Act 1995 enables Western Australian local governments to make local
laws considered necessary for the good government of their districts.
Local laws can only be made when authorised by the Local Government Act 1995 (the Act) or other written
laws, but cannot be inconsistent with any State or federal law.
Local government laws typically cover areas such as car parking,
activities on thoroughfares, public places and council and committee
When a local law is made by a council, it is submitted to Parliament. If the Parliament determine that the local law is inappropriate, the Parliament can disallow the local law meaning it ceases to have effect.
Other accountability mechanisms affecting local laws are:
Search and find local laws in your local government district.
The department monitors and provides advice to assist local governments in making their local laws. It works closely with the Western
Australian Local Government Association and the Joint Standing Committee
on Delegated Legislation to ensure that proposed local
laws comply with legislative requirements.
The Act requires
that copies of proposed laws be forwarded to the Minister for Local
Government and other relevant State ministers to fulfil these requirements. The department examines the proposed local laws on behalf of the Minister and gives specific consideration to:
Joint Standing Committee on Delegated Legislation is a committee of the
Western Australian Parliament consisting of eight members, with equal
representation from the Legislative Council and Legislative Assembly.
a local law is gazetted, it is referred to the committee to consider under its terms of reference. Where the committee finds
that a local law offends one or more of its terms of reference, it will
usually seek a written undertaking from the local government to amend or
repeal the instrument in question.
Where a local government does
not comply with the committee’s request for an undertaking, the committee
may, as a last resort, resolve to report to the Parliament recommending
the disallowance of the instrument in the Legislative Council.
A disallowed local law will cease to have effect from the date on which it is
disallowed. If the disallowed local law had amended or repealed another local laws, these changes will be reversed on the day of disallowance.
In making a local law, a
local government must follow the procedure set out in Division 2, Part 3
of the Act. The procedural steps are outlined in the local laws process
Section 3.12 (1) of the Act
states that the local law making process must be followed in the
sequence in which it is described. This is outlined in the
statutory procedures checklist.
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