The legislation that establishes the powers and functions of Council is the Local Government Act 1993.
By-laws assist the Council to control and manage areas of responsibility, such as parks and reserves and swimming pools.
Legislation
The Council works with lots of different legislation that includes:
You can view more legislation at www.legislation.tas.gov.au
The power to create a by-law is provided in legislation. In the case of the Council the most commonly used legislation to create a by-law is the Local Government Act 1993 (Part 11, Sections 145-174).
A by-law is considered to be subordinate legislation. That means it cannot override a provision already covered by State Parliament's legislation of Acts and Statutory Rules.
By-laws are required because in many cases the existing State legislation does not provide the level of detail required for the Council to effectively manage a function.
In creating a by-law, the Council is required to submit a draft of the by-law to the community for input/comment to the State Government through the Local Government Division and have it certified by a legal practitioner as not being in conflict with existing legislation. Before a by-law becomes law it must be published in the Tasmanian Gazette.
City of Launceston By-Laws:
Notice of proposed by-law : On-Street Parking Penalties By-Law No. 1 of 2023 (by-law)
On 10 March 2022, the City of Launceston (Council) passed a motion that it intended to create a new by-law. The title of the proposed by-law is the On-Street Parking Penalties By-Law No. 1 of 2023 (by-law).
The objective of the by-law is to provide Council with an efficient and effective means of enforcing parking controls under the Local Government (Highways) Act 1982 (the Act). The by-law will achieve this objective by ensuring that Council officers can continue to issue infringement notices as an alternative to prosecution.
The by-law has no impact on any applicable parking fees required to utilise a parking space, and only becomes applicable in instances of non-compliance with the Act.
The primary feature of the by-law is to move away from fixed penalties to penalties that are a proportion of a penalty unit calculated under the Penalty Units and Other Penalties Act 1987. The change will see an initial increase of ~39% to existing penalties, which will index over time.
The by-law will also repeal Part 7 of the Parking By-Law Number No. 2 of 2013.
Members of the public are invited to make written submissions in respect of the by-law, addressed to the Chief Executive Officer by email to contactus@launceston.tas.gov.au or by mail or in person at: Town Hall, 18-28 St John Street, Launceston TAS 7250.
The submission period is from 16 January 2023 until 10 February 2023. Council is required to consider each submission made to it. Copies of the published notice, the by-law and the relevant regulatory impact statement are available below:
Copies are also available at Town Hall and can be provided in hard copy for free upon request.
Documents will be removed no earlier than 13 February 2023. Further information on the content and effect of the by-law is available by calling Council's Manager Governance on 6323 3000.