Local Government



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Local Laws - Overview
Local Laws
 
Overview
The Local Government Act 1995 offers the power for Western Australian local governments to make any local laws considered necessary for the good government of their districts. A local law is invalid to the extent that it is inconsistent with any State or Federal law.

Local Laws Register
Local laws are enacted by local governments. This register records details of when each local law was made, amended or repealed.

The gazettal date, page number of the gazette, title and date of repeal (where applicable) are recorded for each local law made by a local government.

Go to the Local Laws Register »

The Department of Local Government and Regional Development does not maintain electronic copies of the actual legislation. People wishing to see the details of any particular local law may use the Government Gazette references as a guide or inquire directly with the local government concerned.

Local Laws Guidelines
The Department's Local Government Operational Guidelines No. 16 - Local LawsPDF 94.41Kb is an important resource to assist local government officers in drafting local laws and ensuring compliance with the legislative procedures. It provides comprehensive information on the local law process, includes examples of public notices and outlines common local law problems.

Key Circulars
The following Departmental Circulars dealing with local law matters are a useful reference.

SubjectCircular ReferenceFeatures
Explanatory Memoranda Directions - Joint Standing Committee on Delegated LegislationDept Circ 28-2005PDF 40.10Kb
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Dept Circ 28-2005 (Attachment)PDF 127.18Kb		Directions, Examples and Checklist
Local Laws CircularDept Circ 10-2003PDF 148.48KbIdentifies various local law issues
Eight Year Review of Local LawsDept Circ 11-2003PDF 44.52KbAdvises local governments of eight year review requirement
National Competition Policy ReviewsDept Circ 824 (Dec 1997)PDF 82.92KbSample NCP forms and examples
National Competition Policy: Local Law ReviewsDept Circ 916 (Oct 1999)PDF 37.56KbLists local laws exempt from NCP review

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Procedure for Making Local Laws
In making a local law, a local government must follow these steps which are set out in section 3.12 of the Local Government Act 1995:

  • at a council meeting the person presiding is to give notice to the council meeting of the purpose and effect of the proposed local law;
  • Statewide and local public notice is given stating that:
    • (1) the local government proposes to make a local law, and a summary of the purpose and effect of the local law is included;
    (2) a copy of the proposed local law can be inspected or obtained from the local government; and
    (3) submissions about the proposed local law may be made to the local government, before a date given in the notice, being not less than six weeks after the publication of the notice (Note: in calculating the six week period, add extra days for both publishing day and closing day, and when closing day falls on a public holiday).
  • as soon as the notice is given, a copy of the proposed local law, together with the notice and NCP form, must be given to both the Minister for Local Government and to any other Minister administering the Act under which the local law is made;
  • a copy of the proposed local law is to be provided to any person requesting it;
  • after the last day for submissions, the local government must consider any submissions and may, by an absolute majority, proceed with the local law as proposed or make alterations that are not significantly different from what was first proposed;
  • the adopted local law is published in the Government Gazette and a copy is provided to the Minister(s);
  • another local public notice is given:
    • (1) stating the title of the local law;
    (2) summarising its purpose and effect;
    (3) specifying the date on which it comes into operation; and
    (4) advising that copies of the local law may be inspected or obtained from the office of the local government.
  • documents (Explanatory Memorandum, checklist etc) are sent to the Parliament's Joint Standing Committee on Delegated Legislation.
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Local Law Process – Flow Chart (s.3.12)

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Role of the Department
The Department of Local Government and Regional Development has recently allocated greater resources to its monitoring and advisory functions to assist local governments with the making of their local laws. While the Act allows local governments to enact their own local laws, the legislation requires that copies of the proposed laws be forwarded to the Minister for Local Government and other relevant Ministers for State consideration. The Department works closely with the Western Australian Local Government Association (WALGA) and the Joint Standing Committee on Delegated Legislation of the Parliament to ensure that the proposed content of local laws will be generally acceptable to all concerned.

The Department examines the proposed local laws on behalf of the Minister. This is done when, pursuant to s 3.12(3)(b), local governments provide a copy of the proposed local law and a copy of the notice to the Minister. The Department gives specific consideration to the following:
  • whether the proposal is adopted under the correct Act of Parliament;
  • whether the proposal is in conflict with the Local Government Act 1995 and any other law;
  • National Competition Policy issues;
  • whether an application for the extension of a local government boundary has received Governor's approval;
  • matters raised previously by the Joint Standing Committee on Delegated Legislation; and
  • State Government policy issues.
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Role of the Joint Standing Committee on Delegated Legislation
The Joint Standing Committee on Delegated Legislation is a joint committee of the Parliament of Western Australia comprising 8 members with equal representation from the Legislative Council and Legislative Assembly.

The Committee has been delegated by Parliament the task of scrutinising subsidiary legislation in accordance with its terms of reference. These terms of reference were set in June 2001. The terms of reference and copies of all reports tabled by the Committee (and former Committees) can be downloaded from the Parliament of Western Australia website at www.parliament.wa.gov.au The Committee can be contacted by e-mail at delleg@parliament.wa.gov.au or by telephoning the Legislative Council Committee Office on (08) 9222 7300.

Local laws are subsidiary legislation which are capable of disallowance by either House of Parliament under section 42 of the Interpretation Act 1984. Disallowance is the device by which the Parliament maintains control of the power to make subsidiary legislation that it has delegated, by primary legislation (Acts of Parliament), to local governments, State Departments and other agencies of Government. In the case of local governments, this power is granted by the Local Government Act 1995 and other particular Acts such as the Health Act 1911 and the Dog Act 1976, etc.

Scrutiny by the Committee and disallowance are accountability mechanisms to guard against the making of local laws that are either unlawful by going beyond the power that is delegated or offending one of the Committee’s terms of reference.

The other accountability mechanisms impacting on local laws are:
  • the local community, who under the Act are required to be consulted on proposed local laws;
  • the Minister for Local Government, who is charged with administering the Department of Local Government and Regional Development which monitors local law making;
  • the Government, which can request the Governor to make regulations or local laws under the Act that repeal or amend local laws or prevent certain local laws being made; and
  • the courts, which can pronounce on the validity of local laws.
Because it is Parliament that delegates the power to make local laws, the Parliament can, by disallowance, ensure that the power is not abused or exercised inappropriately. The Committee, through being empowered by Parliament to scrutinise local laws on its behalf, can recommend to Parliament that a local law be disallowed if it offends one of its terms of reference.

The Committee recommends disallowance as a last resort. Such action will usually only occur in circumstances where the local government does not satisfy the concerns of the Committee. In the majority of cases to date, local governments have been willing to provide the Committee with a suitable written undertaking to amend or repeal parts of local laws so as to deal with the particular concerns.

Explanatory Memoranda Directions
The Committee’s Explanatory Memoranda Directions (see Dept Circ 28-2005PDF 40.10Kb & Dept Circ 28-2005 - AttachmentPDF 127.18Kb) set out the information to be sent directly to the Committee (not the Department) as soon as a local government has gazetted a local law. This material needs to be provided to the Committee so it can carry out its duty of looking at the gazetted local laws. Preparing an explanatory memorandum forms part of the process of making a local law (s.3.12(7) of the Act).

Circular 28-2005 also provides examples and a checklist of the material to send.

Local Laws Seminars
In late 2005, the Department presented a number of seminars around the State to brief all local governments on the key elements of making good laws under the Local Government Act 1995. These seminars included details of the requirements of legislation, good drafting techniques and matters raised by the Parliament’s Delegated Legislation Committee.

Seminar Presentation
Local Laws Seminars (PowerPoint Presentation)PPT 2.77Mb
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