The Shire of Kellerberrin invites public submissions. Your feedback will be reviewed and presented to Council when considering if these local laws are amended, repealed or unchanged.
What is a local law?
The Local Government Act 1995 enables Western Australian local governments to make local laws considered necessary for the good government of their districts.
Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.
Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as achieving effective government.
When did the Local Government Act 1995 Change the local law periodic review timeline from 8 years to 15 years?
Section 20 of the Local Government Amendment Act 2024 commenced on 7 December 2024, requiring all local governments to carry out a review of the local law to determine whether it considers that the local law should be repealed, be amended or remain unchanged (s 3.16).
Which provisions require local governments to review local laws within the next 2 years?
Schedule 9.3, Division 7, Clause 65 of the Local Government Act 1995 provide provisions for periodic reviews of local laws in relation to the 2024 amendment act.
The Shire of Kellerberrin is now required to review any local laws that are either due or overdue for a review. This must be undertaken within a two-year period, prior to 7 December 2026, unless a review occurred within the last 8 years. If this review does not occur, the local laws that have not been reviewed within this timeframe they will automatically be repealed.
What is the local law process?
Review Process:
Within a period of 15 years after the day on which a local law commenced or a determination in respect of the local law was last made under section 3.16 subsection (4), as the case requires, a local government must carry out a review of the local law to determine whether it considers that the local law should be repealed, be amended or remain unchanged.
The local government is to give local public notice stating that —
(a) the local government proposes to review the local law; and
(b) a copy of the local law may be inspected or obtained at any place specified in the notice; and
(c) submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.
After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.
After the report has been submitted to its council, the local government must determine whether it considers that the local law should be repealed, be amended or remain unchanged.
No changes to existing Local Laws:
The minutes of the meeting at which the local government determine that the local law remain unchanged are published on the City's website.
The local government is not required to advertise the decision further.
New and Amendment Local Laws (not a model local law):
At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.
The local government is to —
(a) give local public notice stating that —
(i) the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and
(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is proposed to be made — the chief executive officer of that other department; and
(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
After the last day for submissions under subsection, the local government is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was proposed.
After making a local law, the local government must —
(a) publish the local law in the Gazette; and
(b) give a copy of the local law to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is made — the chief executive officer of that other department.
After the local law has been published in the Gazette the local government is to give notice in the required way —
(a) stating the title of the local law; and
(b) summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and
(c) advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.
If during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure.
Unless it is made under section 3.17, a local law comes into operation on the 14th day after the day on which it is published in the Gazette or on such later day as may be specified in the local law.
Repeal of Local Law:
The process for making local laws applies.
Where can i view the current Local Laws?
These can be viewed on the Shire's website, under Shire - Public Documents - Local Laws tab at Documents in Local Laws » Shire of Kellerberrin.
The Local Laws are also available for viewing in the Shire Administration office at 110 Massingham Street, Kellerberrin during normal office hours.
What is the role of community consultation in the review?
The Shire is required to undertake community consultation as part of the local laws review. This is to gauge public opinion on the contents and ongoing suitability of the local laws.
Following the review process, where it is identified that a local law is to be amended or repealed, the Shire is required to undertake further community consultation for each local law that is affected.
What happens next?
The submissions received during the consultation period will be reviewed and officers develop a recommendation for Council.
A report including submissions will be presented to Council, who will decide whether to amend, repeal or retain the local law.
If it is resolved that a local law is to be retained, no further action will be required.
If it is resolved that a local law is to be amended or replaced, further work will be undertaken in accordance with section 3.12 of the Act.
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