Local Government Act 2019
278Making by-laws
Start here
Get a plain-English read of 278
Turn the raw legal text into a practical explanation grounded in Local Government Act 2019.
278 Making by-laws (1) 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: (i) publish the following on its website: (A) 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 (c) 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.