Making by-laws
278 Making by-laws
Before a council makes a by-law:
(a) the council must, at least 28 days before the meeting at which the council proposes to make the by-law:
publish the following on its website:
the proposed by-law;
(B) a document explaining the general nature and effect of the by-law; and
(ii) make copies of the proposed by-law available for public inspection, without fee, at the council's public office; and
(b) the council must allow at least 21 days for members of the public to make written submissions to the council about the by-law; and
the council must consider the submissions; and
(d) the council must obtain a certificate from the CEO of the Agency, which specifies that the by-law is consistent with the principles in this Part.
(2) A special resolution of the council is required for making a by-law.
Notes for section 278
1 Sections 63A to 63C of the Interpretation Act 1978 are relevant to the making of by‑laws.
2 Section 63A(1)(a)(ii) provides that by-laws must be signed by a person authorised by the council to sign them and forwarded to the Minister.
3 Section 63A(2) provides that, where by-laws are forwarded to the Minister, the Minister must cause them to be notified in the Gazette and must lay them before the Legislative Assembly within 6 sitting days after the Gazette notification. By‑laws are then liable to disallowance by the Legislative Assembly under section 63C.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.