3.1) DELEGATING AUTHORITY

Efficient management of Local Laws may be assisted by ensuring appropriate aspects are delegated to the Chief Executive Officer. This is best achieved at the time the Local Government resolves to make the Local Law under s. 3.12(4) of the Local Government Act 1995.

Section 5.42 of the Local Government Act allows a Local Government to delegate any of its powers and duties to its CEO. Exceptions are listed in s. 5.43, which amongst things is the authority to make or amend a Local Law. Section 5.44 further allows the CEO to delegate to any staff member.

A sample of typical delegations from a number of Local Laws is contained in the following table:

LOCAL LAW SAMPLE DELEGATION
Extractive Industries  That Council:
  1. Delegate determination of forms to be used in administering the Local Law to the Chief Executive Officer;
  2. Delegate the administration of this Local Law including any enforcement action and collection of the annual licence fee to the Chief Executive Officer, but that the exercise of the following powers be reserved to the Council –
    • issue or refusal of a licence under clause*;
    • determination of a licence period under clause*;
    • cancellation of a licence under clause*; and
    • renewal or refusal to renew a licence under clause*
Local Government Property
  1. Delegate the determination of forms to be used in administering the Local Law to the Chief Executive Officer;
  2. Delegate the administration of this Local Law to the Chief Executive Officer, including the appointment of authorized persons (under section 9.10 of the Act) to perform any of the functions of an authorized person under this Local Law, subject to the following - 
    • the CEO may refer any matter, at his discretion, for decision of the Council;
    • the Council is to be provided details of any prosecutions under the Local Law;
    • only the Council is to –
      • make a determination under Part *;
      • enter into an agreement with a permit holder in respect of ownership of materials in a building (clause*);
      • restrict use of the airport through a designation under clause*;
      • hear an objection under Part *;
      • appoint authorized persons who are not employees under section 9.10 of the Act.
Fencing
  1. Delegate determination of forms to be used in administering the Local Law to the Chief Executive Officer; and
  2. Delegate the administration of this Local Law including any enforcement action and collection of fees to the Chief Executive Officer.
Activities on Thoroughfares and Trading in Thoroughfares and Public Places
  1. Delegate the determination of forms to be used in administering the Local Law to the Chief Executive Officer;
  2. Delegate the administration of this Local Law to the Chief Executive Officer, including the appointment of authorised persons (under section 9.10 of the Act) to perform any of the functions of an authorised person under this Local Law, subject to the following –
    • The CEO may refer any matter, at his discretion, for decision of the Council;
    • The Council is to be provided details of any prosecutions under the Local Law;
    • Only the Council is to –
      • require any person to fence land adjoining a public place or local government property at his/her expense (see clause*);
      • declare a thoroughfare to be a “flora road” under clause*;
      • designate a thoroughfare or part of a thoroughfare as “a special environmental area” under clause*;
      • grant any exemptions under clause*;
      • adopt or vary policy containing conditions subject to which an application for a permit may be approved under clauses* and *;
      • hear an objection (see clause*); and
      • appoint authorised persons who are not employees under section 9.10 of the Act

3.2) MAKING DETERMINATIONS

A number of Local Laws permit the Local Government to make determinations in relation to matters such as property management (permitted and prohibited activities on public land – Local Government Property Local Law), parking provisions (creation of parking stalls and determination of time limits for stopping in stalls – Parking and Parking Facilities Local Law).

It is appropriate that determinations are incorporated in the proposed Local Law to ensure community awareness in the public consultation phase. Determinations are referred to in the Schedule(s) to the subject Local Law. A sample of typical delegations from a number of Local Laws is contained in the following table:

LOCAL LAW SAMPLE DELEGATION
Local Government Property  Playing Golf

2.1 A person is prohibited from playing or practising golf or striking a golf ball on local government property except on land which is reserved to the local government for the purpose, or which is set aside under clause 2.7(1) for the purpose.

Vehicles on Foreshore
2.2 A person shall not without the approval of the local government, drive or ride or bring any vehicle onto or permit any person to drive or ride or bring any vehicle onto that portion of foreshore between ________ and _________.

Parking Parking Region
The parking region is divided into 2 sectors, Sector A and Sector B, that together are the whole of the district excluding the following portions of the district—
  1. the approach and departure prohibition areas of all existing and future traffic control signal installations as determined by the Commissioner of Main Roads;
  2. prohibition areas applicable to all existing and future bridges and subways as determined by the Commissioner of Main Roads; and
  3. any road which comes under the control of the Commissioner of Main Roads unless the control of parking and parking facilities on that road has been delegated by the Commissioner of Main Roads to the local government.
      • Sector B is the portion of the district bounded by the western boundary of the district, the northern boundary of ________Street, the eastern boundary of __________Street to its termination at ________Avenue then the western boundary of _________Avenue, and the southern boundary of _________Street. Sector A is the balance of the district not included in Sector B

 
STANDING ORDERS
Purpose The purpose of these standing orders is to provide for the orderly conduct of the proceedings and business of the Council, and for the safe custody and use of the Council’s common seal.
Effect: The effect of these standing orders is that all Council meetings, committee meetings, and other meetings as described in the Act, and the use of Council’s common seal, shall be governed by these standing orders unless otherwise provided in the Act, regulations or other written law.
LOCAL GOVERNMENT PROPERTY
Purpose: To regulate the care, control and management of all property of the local government except thoroughfares.
Effect: To control the use of local government property. Some activities are permitted only under a permit or under a determination and some activities are restricted or prohibited. Offences are created for inappropriate behaviour in or on local government property.
ACTIVITIES ON THOROUGHFARES AND TRADING IN THOROUGHFARES AND PUBLIC PLACES
Purpose: To consolidate and make one local law relating to activities in thoroughfares and trading in thoroughfares and public places.
Effect: Some activities are prohibited and some activities are permitted only under permit on thoroughfares and public places.
EXTRACTIVE INDUSTRIES
Purpose: To prohibit the carrying on of an extractive industry unless by authority of a licence issued by the local government; regulate the carrying on of the extractive industry in order to minimise damage to the environment, roads and other peoples' health and property; and provide for the restoration and reinstatement of any excavation site.
Effect: Any person wanting to carry on an extractive industry will need to be licensed and will need to comply with the provisions of this local law.
HEALTH
Purpose and Effect: To provide for proper sanitary and health requirements for people living in the Local Government district and to maintain appropriate public health standards.
FENCING
Purpose: The purpose of this local law is to prescribe a sufficient fence and the standard for the construction of fences throughout the district.
Effect: The effect of this local law is to establish the minimum requirements for fencing within the district.
PARKING AND PARKING FACILITIES
Purpose: To constitute a parking region, enable the local government to regulate the parking of vehicles within the parking region and provide for the management and operation of parking facilities occupied by the local government.
Effect: A person parking a vehicle within the parking region is to comply with the provisions of this Local Law.
BUSH FIRE BRIGADES
Purpose: To make provisions about the organisation, establishment, maintenance and equipment of bush fire brigades.
Effect: To align existing Local Laws with changes in the law and operational practice.
DOGS
Purpose: To make provisions about the impounding of dogs, to control the number of dogs that can be kept on premises and the manner of keeping those dogs and to prescribe areas in which dogs are prohibited and dog exercise areas.
Effect: To extend the control over dogs which exist under the Dog Act 1976
CEMETERIES
Purpose: To provide for the orderly management of the _______________ Cemetery in accordance with established plans and to create offences for inappropriate behaviour within the cemetery grounds.
Effect: All persons engaged in the administration of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery, are to comply with the provisions of this Local Law.
PRIVATE PROPERTY
Purpose: To provide for the regulation, control and management of street numbering, security and floodlighting, vehicle wrecking, fibreglassing, spray painting, private swimming pool inspections, sand drift, rubbish and litter control, land nuisances, driveways, vehicle crossovers and water runoff generally on private property within the district so as to protect the amenity of the area.
Effect: To establish the requirements for erecting street numbering, security and floodlighting, vehicle wrecking, fibreglassing, spray painting, private swimming pool inspections, sand drift, rubbish and litter control, land nuisances, driveways, vehicle crossovers and water runoff generally on private property within the district.