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:
On 9 July 2020, Council passed a motion that it intended to create a new by-law. The title of the proposed by-law is the Facilities and Local Highways By-Law No 1 of 2021 (“by-law”).
The objectives of the by-law are to control, regulate and protect facilities, and to promote a safe environment for the public’s use of the facilities and highways managed by Council.
The overall impact of the by-law on the community is envisaged to be similar to the impact experienced under previous by-laws, including: the York Park Stadium By-Law Number 6/2007; the Swimming Centres By-Law, Number 3 of 2009; the Reserves, Parks and Gardens By-Law No 4 of 2009; and the Malls By-Law, Number 1 of 2010. Its main potential impact on competition and business relates to minor, ad-hoc and occasional activities and uses.
The primary features of the by-law regulate and restrict the way in which facilities and local highways can be lawfully used. These restrictions apply to individuals and groups seeking to undertake various activities including commercial activities, public speaking, concerts, together with day-to-day uses of land under Council’s management and ownership.
The by-law allows for infringement notices to be issued for contraventions, including for the misuse of facilities, unsafe driving, nuisances, and entering or remaining in closed areas. The by-law is not intended to interfere with the cultural activities of the Tasmanian Aboriginal community or any other peoples.
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 email@example.com or by mail or in person at: Town Hall, 18-28 St John Street, Launceston TAS 7250. Submissions may be made until 26 February 2021. Council is required to consider each submission made to it.
Copies of the original notice as published in the Examiner, the by-law and the relevant regulatory impact statement are available for inspection for free and purchase for $1 at Council’s Customer Service Centre, and may also be viewed below:
These documents will removed no earlier than 1 March 2021. Further information on the content and effect of the by-law is available by calling Team Leader Legal Services on 6323 3000.
Team Leader, Legal Services