Bylaws, Policies & Legislation
In the three spheres of Government in Australia, there is the Australian Government, the Tasmanian State Government, and then there is Local Government. Local Government is tasked with working under both Australian Government legislation as well as the Tasmanian State Government legislation. Council’s across Tasmania conduct their operations under the legislative framework and authority of the Local Government Act 1993.
Council By-laws take over where other legislation leaves off - while the Local Government Act provides general rules about many things, it recognises that these may not be sufficient to enable Council to carry out its functions successfully so it gives it (Council) the power to make “By-laws”.
To make a By-law Council must follow the procedures set out in the Act. Each By-law is tailored to address the specific requirements of Southern Midlands and, as specified in the Act, has a life of no more than 10 years from the date it comes into effect, which is usually the date the by-law is advertised in the Tasmanian Government Gazette.
At this point in time Southern Midlands Council does not have any by-laws, however we are in the process of developing a Street Trading By-law to handle seating/tables on the footpaths, as well as sandwich board signing and the like in our public street throughout the Southern Midlands.
These are formal frameworks in which Council provide a consistency in administering legislation requirements or in handling specific matters pertinent to the Southern Midlands, eg Dog Management Policy, Risk Management Policy. The process that Council has in adopting a policy is that, where appropriate, Community consultation is undertaken, following that, a report along with a draft policy is presented at a Council meeting of elected members, Council considers the information and elected members have the opportunity to provide their considered views for debate and deliberation, a decision is then taken and the policy is normally approved in draft with amendments and is required to be brought back to the next Council meeting for further consideration and final adoption as a Council policy.
As well as the Local Government Act 1993, other pieces of Tasmanian legislation have a significant impact on operation and activities of councils including, but not limited to the following State Government legislation:
- Land Use Planning and Approvals Act 1993
- Environmental Management and Pollution Control Act 1994
- Resource Management and Planning Appeal Tribunal Act 1993
- Local Government (Building and Miscellaneous Provisions) Act 1993
- Building Act 2000
- Dog Control Act 2000
- Public Health Act 1997
- Local Government (Highways) Act 1982
- Roads and Jetties Act 1935
- Traffic Act 1925
- Drains Act 1954
- Water Management Act 1999
- Financial Management and Audit Act 1990
- Ombudsman Act 1978
- Tasmanian Food Act 2003
- Right to Information Act 2009
- Judicial Review Act 2000
The Australia Government then has their respective set of legislation.