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.
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: