Making of Local Laws and Subordinate Local Laws
Ipswich City Council (the "Council") by resolution dated the 28 October 2019 amended the following local laws and subordinate local laws:
- Local Law (Amending) Local Law No.1 (Administration) 2019 amends Local Law No.1 (Administration) 2013;
- Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 amends Local Law No.3 (Commercial Licensing) 2013;
- Local Law (Amending) Local Law No.4 (Permits) 2019 amends Local Law No.4 (Permits) 2013;
- Local Law (Amending) Local Law No.5 (Parking) 2019 amends Local Law No.5 (Parking) 2013;
- Local Law (Amending) Local Law No.6 (Animal Management) 2019 amends Local Law No.6 (Animal Management) 2013;
- Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 amends Local Law No.7 (Local Government Controlled Areas and Roads) 2013;
- Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019 amends Local Law No.8 (Nuisances and Community Health and Safety) 2013;
- Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 amends Local Law No.49 (Vegetation Management);
- Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 amends
- Subordinate Local Law No.3.1 (Commercial Licensing) 2013;
- Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 amends Subordinate Local Law No.5.1 (Parking) 2013;
- Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 amends
- Subordinate Local Law No.6.1 (Animal Management) 2013;
- Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019 amends Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2013; and
- Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019 amends Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2013.
and made:
- Subordinate Local Law No.49 (Vegetation Management)
Council further amended Subordinate Local Law No.5.1 (Parking) 2013 by resolution on 25 July 2024.
Commencement of Local Laws
All of the local laws commenced on 1 November 2019, with the exception of the further amended Subordinate Local Law No.5.1 (Parking) 2013 which commenced on 26 July 2024.
Repeal of Existing Local Laws
- Local Law (Repealing) Local Law No.2 (Council Meetings) 2019 repeals Local Law No.2 (Council Meetings) 2013;
- Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019 repeals Local Law No.25 (Extractive Industries); and
- Subordinate Local Law (Repealing) Subordinate Local Law No.2.1 (Council Meetings) 2019 repeals Subordinate Local Law No.2.1 (Council Meetings) 2013.
Purpose and general effect of the local laws
Local Law No. 1 (Administration) 2013
The purpose of this local law is to provide a legal framework for the administration, implementation and enforcement of the local government's local laws and subordinate local laws.
Like the local law it replaced, this law sets up the basic machinery necessary for the administration of council business. It provides for broad application and approval process, for the appointment of authorised persons to carry council functions and defines their powers; it details the council's powers to deal with unclaimed and confiscated goods and sets out a process for review of internal administrative decisions.
Local Law No. 3 (Commercial Licensing) 2013
The purpose of this local law is to ensure that-
- the operation of commercial activities do not result in:
- harm to human health or safety or personal injury; or
- property damage or a loss of amenity; or
- environmental harm or environmental nuisance; and
- the operation of the activity complies with the Local Government Acts that regulate the licence regulated activity by subjecting the licence regulated activity to an inspection, monitoring and enforcement regime.
It brings together all licensing requirements for commercial activities in the local government area and is a 'one-stop-shop' for business. The concept is that commercial activities will require a 'licence'.
Subordinate Local Law No. 3.1 (Commercial Licensing) 2013
Its subject matter covers the minimum standards required to be observed, the usual material that is required in the an application for a licence and the usual conditions that will be imposed on a licence in relation to the following licence types:
- Caravan Parks;
- Camping grounds
- Public swimming pools
- Temporary advertising devices and signs including election signs
- Cemeteries
- Catteries
- Election signs
- Kennels
- Pet shops
- Stables
- Commercial activities on roads and local government controlled areas (other than footpath dining )
- Footpath dining as a commercial activity on roads and local government controlled areas
- Temporary entertainment events
Local Law No. 4 (Permits) 2013
The purpose of this local law is to ensure that-
- a permit regulated activity does not result in:
- harm to human health or safety or personal injury; or
- property damage or a loss of amenity; or
- environmental harm or environmental nuisance; and
- the operation of a permit regulated activity complies with the Local Government Acts that regulate the regulated activity by subjecting the regulated activity to an inspection, monitoring and enforcement regime.
A permit regulated activity is generally an activity of a non-commercial nature which if not controlled has the potential of creating harm or loss of amenity such as the keeping of more than one dog in a residential area or concentrated use of a local park.
This local law sets out how a permit is applied for, how the application is decided, the general sorts of conditions that can be imposed on the permit and enforcement of permits.
Local Law No. 5 (Parking) 2013
The purpose of this local law is to provide for safe, efficient and equitable parking regulation in traffic areas, on roads and in off-street regulated parking areas in the local government area in accordance with Chapter 5, Part 6 of the Transport Operations (Road Use Management) Act 1995 including:
- establishing and regulating parking in traffic areas, on roads and in off-street regulated parking areas; and
- regulating the issue and use of parking permits; and
- imposing temporary parking prohibitions and restrictions.
- the regulation of parking and storage of heavy vehicles in residential areas
Subordinate Local Law No. 5.1 (Parking) 2013
The purpose of this subordinate local law is to assist with the implementation of Local Law No.5 (Parking) 2013 by specifying those matters that are necessary for the implementation of a regulated parking system in the local government's area.
The law details the requirements for parking permits such as resident, heavy vehicle and media permits and sets the penalty amounts for parking traffic infringements. It specifies certain traffic areas and off-street parking areas.
Interim Local Law No. 1 (Parking) 2024 (2 February 2024 - 25 July 2024)
The purpose of the Interim Local Law is to facilitate equitable use by the community, of the off-street parking area at the Springfield Central Community Centre, 134 Parkland Drive, Springfield Central. The effect of the Interim Local Law modifies the parking areas regulated through the existing Subordinate Local Law No. 5.1 (Parking) 2013 to enable regulation of the aforementioned off-street parking area.
Subordinate Local Law No. 5.1 (Parking) 2013 (further updated commencing 26 July 2024)
The purpose of this further amendment was to transition the changes that Interim Local Law No. 1 (Parking) 2024 made to a permanent status in the subordinate local law.
Local Law No. 6 (Animal Management) 2013
The purpose of this local law is to regulate the keeping of animals:
- to protect the community against risk of injury and damage; and
- to ensure that animals do not create a nuisance or a risk to human health or safety; and
- to prevent environmental harm and environmental nuisance resulting from the keeping of animals and to protect the amenity of the local environment; and
- to ensure that animals are kept and used in a way that is consistent with the rights, expectations and enjoyment of the local community.
The law covers the all aspects of non-commercial keeping of animals including an owner's obligations to properly care for the animal by complying with certain minimum standards and responsibilities to ensure an animal does not create a threat to personal safety or create a nuisance by its behaviour including by creating excessive noise.
The law deals with the registration of dogs under the Animal Management (Cats & Dogs) Act 2008.
Subordinate Local Law No. 6.1 (Animal Management) 2013
The purpose of this subordinate local law is to further the purposes of proposed Local Law No. 6 (Animal Management) 2013 by specifying details that are required to implement Local Law No. 6 (Animal Management) 2013.
The law details the minimum standards which must be met in keeping animals, circumstances in which a permit is required to keep animals, the usual conditions that will attach to permits, the information required to be submitted with an application and conditions which must be met when animals are sold. The law also provides for the prohibition on the keeping of specified breeds and the keeping of animals under certain circumstances.
Local Law No. 7 (Local Government Controlled Areas and Roads) 2013
The purpose of this local law is to:
- protect the health and safety of persons using local government controlled areas and roads;
- preserve the features and amenity of the natural and built environment under the local government's control;
- prescribe appropriate standards of conduct on local government controlled areas and roads; and
- provide direction on use of and access to local government controlled roads and areas; and
- protect the assets of the local government
The law sets a system for the regulation of local government controlled areas such as, parks, reserves, council facilities and buildings by the community to ensure the valuable assets of the community are protected and the all members of the community have fait access to utilise these areas.
It allows the exclusive use of some areas and the carrying out of some defined activities on local government controlled areas and roads if a permit is obtained. Such activities are classified a permit regulated activities. It allows for the prohibition certain anti-social conduct in such areas and gives council officers to enforce prohibitions and restrictions by directions and if necessary enforcement action.
Subordinate Local Law No. 7.1 (Local Government Controlled Areas and Roads) 2013
The purpose of this subordinate local law is to supplement proposed Local Law No.7 (Local Government Areas and Roads) 2013 in order to protect the health and safety of persons using local government controlled land, facilities, infrastructure and roads and to preserve features of the natural and built environment and the amenity of local government controlled areas and roads and to protect the assets of the local government.
It provides details of the conditions which will normally attach to permits and specifies a list of prohibited activities.
It gathers together all the relevant parts of the current laws in relation to local government controlled areas and roads and groups them within the one local law.
Local Law No. 8 (Nuisances and Community Health and Safety) 2013
The purpose of this local law is to protect the community and environment by eliminating or reducing nuisances and risks to the community's health and safety and in particular those resulting from:
- inadequate protection against animal and plant pests; and
- vegetation overgrowth; and
- visual pollution resulting from accumulation of objects and materials or from waste; and
- diminution of amenity by the emission of light;
- containers remaining kerbside for extended periods of time; and
- fires and fire hazards not regulated by State law; and
- safety hazards; and
- abandoned shopping trolleys; and
- smoking in certain public places.
This purpose of this proposed law is achieved by providing for the elimination or reduction of risks and threats to the environment and public health, safety and amenity. This has been achieved by classifying certain conduct or omissions, which result in damage or potential damage to the community and its environment and amenity, as a nuisance. A person who commits a nuisance breaches the local law and is subject to the full range of enforcement options.
Subordinate Local Law No. 8.1 (Nuisances and Community Health and Safety) 2013
The purpose of this subordinate local law is to assist in the implementation of proposed Local Law No.8 (Nuisances and Community Health and Safety) 2013 by specifying the nature of permit related activities, requirements and conditions in relation to permits and all other matters to effectively implement the objectives of the authorising local law.
Local Law No.49 (Vegetation Management)
The purpose of this local law is to specify the level and type of permitted damage to protected vegetation, outline the criteria and conditions placed on permits to allow damage to protected vegetation and all cleared vegetation is to be suitably processed or removed from the site by a method approved by Council.
Subordinate Local Law No.49.1 (Protection of Important Vegetation)
To provide detailed information called upon by Local Law No. 49 on the following management issues needed to be addressed for protected vegetation: pest plants, feral species management, fire management, landholder assistance, good neighbour, rare threatened and vulnerable species and/or communities, cultural/archaeological/historical, riparian zone management, remnant vegetation management and offsite damage.
Anti-competitive Provisions
The following local laws contain anti-competitive provisions which were subject to public interest test plans, consultation and public interest reports:
- Local Law (Amending) Local Law No. 3 (Commercial Licensing) 2019
- Subordinate Local Law (Amending) Subordinate Local Law No. 3.1 (Commercial Licensing) 2019
- Local Law (Amending) Local Law No.4 (Permits) 2019
Inspection and purchase of local laws
Copies of the local laws are available for inspection and purchase at Ground Floor, 1 Nicholas Street, Ipswich and may be viewed and downloaded from the Council's website.