sec.54By-laws

sec.54 By-laws

MEDQ may make by-laws under this Act for priority development areas about any matter for which a local law may be made, including the creation of offences. However, a by-law can not fix a penalty of more than— if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or otherwise—20 penalty units for an offence against the by-law. A by-law replaces a local law if— the local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and the by-law applies to the matter within the priority development area. A by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within a priority development area. If a by-law provides that a stated local law does not apply, or applies with stated changes, within a priority development area, the local law does not apply, or applies with the stated changes, within the area. A by-law must be approved by the Governor in Council. The effect of subsection (6) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) . A by-law prescribed by regulation is taken, for the Environmental Protection Act 1994 , schedule 1 , section 3 (a) and (b) , to be a local law. s 54 amd 2019 No. 11 s 42 (sec.54-ssec.1) MEDQ may make by-laws under this Act for priority development areas about any matter for which a local law may be made, including the creation of offences. (sec.54-ssec.2) However, a by-law can not fix a penalty of more than— if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or otherwise—20 penalty units for an offence against the by-law. (sec.54-ssec.3) A by-law replaces a local law if— the local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and the by-law applies to the matter within the priority development area. (sec.54-ssec.4) A by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within a priority development area. (sec.54-ssec.5) If a by-law provides that a stated local law does not apply, or applies with stated changes, within a priority development area, the local law does not apply, or applies with the stated changes, within the area. (sec.54-ssec.6) A by-law must be approved by the Governor in Council. The effect of subsection (6) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) . (sec.54-ssec.7) A by-law prescribed by regulation is taken, for the Environmental Protection Act 1994 , schedule 1 , section 3 (a) and (b) , to be a local law.