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Bylaw Making
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A robust legal review of this module was undertaken in October 2014 and as a consequence has been updated.
Part 8 subpart 1 of the Local Government Act 2002 contains general provisions relating to council bylaws. The most recent amendments to the Local Government Act 2002 in August 2014, made changes to the consultation requirements when making, adopting, amending and revoking bylaws and the use of the Special Consultative Procedure. It is important that councils are aware of these changes and undertake consultation and decision making processes in compliance with the law. This module is an aid to support councils in complying with bylaw provisions.
Please note: The process for development of a bylaw for alcohol control purposes follows the same process as development of any proposed bylaw, however there are additional matters that must be considered under Sections 147 and 147A of the Local Government Act 2002. The importance of Section 155 in outlined in this process. Readers are advised to refer to Flow Diagram 19 - Bylaws for Alcohol Control Purposes, in the Alcohol Regulation Module. (Please note the Alcohol Regulation module is being rewritten. The module is expected to be published towards the end of April 2015).
Module Contents:
Issue Identification
Determining the Scope of the Bylaw
Issue resolution Without Using Bylaws
Consideration of Change to Existing Legislation
Creation of a Draft Bylaw
Consultation – Bylaws
Deliberation on Submissions/Feedback (Consideration and Decision)
Council Approval
Bylaw Reviews
Storage and Availability