Local Law Review

Local Government Act 2009

CHERBOURG ABORIGINAL SHIRE COUNCIL (ADOPTION OF LOCAL LAWS) Notice (No. 1) 2021

This notice is published in accordance with s29B(1)(b)(4) of the Local Government Act 2019 and may be cited as the Cherbourg Aboriginal Shire Council (Adoption of Local Laws) Website Notice (No.1) 2021.

New Local Laws

Cherbourg Aboriginal Shire Council (“the Council”) has, by resolution dated 20 October 2021, made the following New Local Laws:

  • Local Law No. 1 (Administration) 2021;
  • Subordinate Local Law No. 1 (Administration) 2021, which is authorised by Local Law No. 1 (Administration) 2021;
  • Local Law No. 2 (Animal Management) 2021;
  • Subordinate Local Law No. 2 (Animal Management) 2021, which is authorised by Local Law No. 2 (Animal Management) 2021;
  • Local Law No. 3 (Community and Environmental Management) 2021;
  • Subordinate Local Law No. 3 (Community and Environmental Management) 2021, which is authorised by Local Law No. 3 (Community and Environmental Management) 2021;
  • Local Law No. 4 (Indigenous Community Land Management) 2021; and
  • Subordinate Local Law No. 4 (Indigenous Community Land Management) 2021, which is authorised by Local Law No. 4 (Indigenous Community Land Management) 2021.

Repealed Local Laws

The New Local Laws repeal the following existing local laws:

  • Cherbourg Aboriginal Shire Council Local Law No 01 Administration 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 02 Keeping and Control of Animals 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 03 Impounding of Animals 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 04 Parks and Reserves 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 05 Overgrown and Unsightly Allotments 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 06 Camping Grounds 2008;
  • Cherbourg Aboriginal Shire Council Local Law No 08 Caravan Parks 2008;
  • Cherbourg Aboriginal Council By Laws Preliminary Repeal Etc;
  • Cherbourg Aboriginal Council By-Laws No 03 Accommodation;
  • Cherbourg Aboriginal Council By-Laws No 04 Advertisements;
  • Cherbourg Aboriginal Council By-Laws No 05 Aerodromes;
  • Cherbourg Aboriginal Council By-Laws No 06 Allotment Numbers;
  • Cherbourg Aboriginal Council By-Laws No 08 Aqua Ammonia;
  • Cherbourg Aboriginal Council By-Laws No 09 Bridges and Culverts;
  • Cherbourg Aboriginal Council By-Laws No 10 Buildings;
  • Cherbourg Aboriginal Council By-Laws No 12 Cemeteries;
  • Cherbourg Aboriginal Council By-Laws No 13 Common Seal;
  • Cherbourg Aboriginal Council By-Laws No 14 Dangerous Goods;
  • Cherbourg Aboriginal Council By-Laws No 15 Discarded or Disused Machinery, Second Hand Materials, etc;
  • Cherbourg Aboriginal Council By-Laws No 16 Explosives;
  • Cherbourg Aboriginal Council By-Laws No 17 Extractive Industries;
  • Cherbourg Aboriginal Council By-Laws No 18 Go Kart Control;
  • Cherbourg Aboriginal Council By-Laws No 19 Libraries;
  • Cherbourg Aboriginal Council By-Laws No 20 Meetings and Business of the Council Committees and Officers;
  • Cherbourg Aboriginal Council By-Laws No 21 Guest Houses;
  • Cherbourg Aboriginal Council By-Laws No 22 Nuisance and Annoyance Control;
  • Cherbourg Aboriginal Council By-Laws No 24 Petrol Pumps;
  • Cherbourg Aboriginal Council By-Laws No 25 Places of Public Amusement or Public Resort;
  • Cherbourg Aboriginal Council By-Laws No 26 Poisonous Baits;
  • Cherbourg Aboriginal Council By-Laws No 27 Preservation of Trees;
  • Cherbourg Aboriginal Council By-Laws No 28 Private Works;
  • Cherbourg Aboriginal Council By-Laws No 29 Public Conveniences;
  • Cherbourg Aboriginal Council By-Laws No 30 Roads and Control of Traffic and Obstructions on Roads;
  • Cherbourg Aboriginal Council By-Laws No 31 Saleyards;
  • Cherbourg Aboriginal Council By-Laws No 32 Community Halls;
  • Cherbourg Aboriginal Council By-Laws No 33 Sporting Places;
  • Cherbourg Aboriginal Council By-Laws No 34 Temporary Homes;
  • Cherbourg Aboriginal Council By-Laws No 35 Zoos;
  • Cherbourg Aboriginal Council By-Laws No 36 Water Supply;
  • Cherbourg Aboriginal Council By-Laws No 37 Sewerage;
  • Cherbourg Aboriginal Council By-Laws No 38 Protection of Fauna and Flora;
  • Cherbourg Aboriginal Council By-Laws No 40 Guests;
  • Cherbourg Aboriginal Council By-Laws No 42 Rates and Charges;
  • Cherbourg Aboriginal Council By-Laws No 43 Motels;
  • Cherbourg Aboriginal Council By-Laws No 44 Regulation of Presence of Person in the Area;
  • Cherbourg Aboriginal Council By-Laws No 45 Litter;
  • Cherbourg Aboriginal Council By-Laws No 46 Law and Order; and
  • Cherbourg Aboriginal Council By-Laws No 47 Court Proceedings and Orders.

Purpose and General Effect

The purpose and general effect of the New Local Laws is as follows:

  • Local Law and Subordinate Local Law No. 1 (Administration) 2021:

To provide a legal and procedural framework for the administration, implementation and enforcement of the local government’s local laws, subordinate local laws and specified regulatory powers under legislation by providing for—

  • consistent and comprehensive processes for the local government to grant and regulate approvals to undertake prescribed activities;
    • authorised persons for enforcing local laws;
    • review of certain decisions made under local laws;
    • enforcement of local laws and matter relating to legal proceedings; and
    • miscellaneous administrative matters relating to meetings, fees, abandoned goods and seized and impounded items.
  • Local Law and Subordinate Local Law No. 2 (Animal Management) 2021:

To regulate and manage the keeping and control of animals in the local government’s area in a way that:

  • balances community expectations with the rights of individuals;
    • protects the community against risks to health and safety;
    • prevents pollution and other environmental damage; and
    • protects the amenity of the local community and environment.
  • Local Law and Subordinate Local Law No. 3 (Community and Environmental Management) 2021:

To protect the environment and public health, safety and amenity within the local government’s area by elimination or reduction of risks and threats to the environment and public health, safety and amenity resulting from:

  • inadequate protection against animal and plant pests;
    • overgrown and unsightly allotments;
    • fires and fire hazards not regulated by State law;
    • community safety hazards; and
    • noise that exceeds noise standards.
  • Local Law and Subordinate Local Law No. 4 (Indigenous Community Land Management) 2021:

To enable the local government with jurisdiction over the trust area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, to regulate the use of that area.

Anti-competitive Provisions

Council has identified that the New Local Laws may contain anti-competitive provisions, and Council has reviewed these anti-competitive provisions in accordance with legislative requirements.

Inspection and purchase

A copy of the New Local Laws may be inspected and purchased at Council’s public office at 22 Barambah Avenue, Cherbourg.

A copy of the New Local Laws may also be viewed by the public on the website of Council and the Department of Local Government, Racing and Multicultural Affairs.

CHIEF EXECUTIVE OFFICER
CHERBOURG ABORIGINAL SHIRE COUNCIL