General Enquiries & Emergencies
(07) 3810 6666


TTY Phone
133 677 then ask for
07 3810 6666

Accessibility Options: A A Adjust contrast

Search

Making of Local Law 2013

Making of Local Laws and Subordinate Local Laws

Ipswich City Council (the "Council") has, by resolution dated the 26 June 2013 made the following local laws and subordinate local laws:

  • Local Law No. 1 (Administration) 2013
  • Local Law No. 2 (Council Meetings) 2013
  • Subordinate Local Law No. 2.1 (Council Meetings) 2013 (authorised by Local Law No. 2 (Council Meetings) 2013)
  • Local Law No. 3 (Commercial Licensing) 2013
  • Subordinate Local Law No. 3.1 (Commercial Licensing) 2013 (authorised by Local Law No. 3 (Commercial Licensing) 2013)
  • Local Law No. 4 (Permits) 2013
  • Local Law No. 5 (Parking) 2013
  • Subordinate Local Law No. 5.1 (Parking) 2013 (authorised by Local Law No. 5   (Parking) 2013)
  • Local Law No. 6 (Animal Management) 2013 
  • Subordinate Local Law No. 6.1 (Animal Management) 2013 (authorised by Local Law No. 6 (Animal Management) 2013)
  • Local Law No. 7 (Local Government Controlled Areas and Roads) 2013
  • Subordinate Local Law No. 7.1 (Local Government Controlled Areas and Roads) 2013 (authorised by Local Law No. 7 (Local Government Controlled Areas and Roads)    2013)
  • Local Law No. 8 (Nuisances and Community Health and Safety) 2013
  • Subordinate Local Law No. 8.1 (Nuisances and Community Health and Safety) 2013 (authorised by Local Law No. 8 (Nuisances and Community Health and Safety) 2013)

Commencement of Local Laws

All the local laws commence on 1 August 2013 except for section11 (3) of Local Law No. 8 (Nuisances and Community Health and Safety) 2013 which commences on 1 July 2014.

Repeal of Existing Local Laws

Local Law No. 1 (Administration) 2013 repealed the following existing local law:

  • Local Law No. 1 (Administration) 1999

Local Law No. 2 (Council Meetings) 2013 repealed the following existing local law:

  • Local Law No. 5 (Meetings) 1994

Local Law No. 3 (Commercial Licensing) 2013 repealed the following existing local laws:

  • Local Law No.13 (Cemeteries) 2005
  • Local Law No. 19 (Swimming Pools) 1999
  • Local Law No. 20 ( Commercial Use of Roads) 1999
  • Local Law No. 30 (Camping Grounds) 1999
  • Local Law No. 31 (Caravan Parks) 1999,
  • Local Law No. 50 (Control of Advertisements)

Local Law No. 5 (Parking) 2013 repealed the following existing local laws:

  • Local Law No. 6 (Heavy and Other Vehicle Parking) 2004,
  • Local Law No. 27 (Regulated Parking) 1997

Local Law No. 6 (Animal Management) 2013 repealed the following existing local laws:

  • Local Law No. 3 (Impounding Animals) 1996
  • Local Law No.4 (Keeping and Control of Animals (1998)
  • Local Law No.7 (Dogs) 2005

Local Law No. 7 (Local Government Controlled Areas and Roads) 2013 repealed the following existing local laws:

  • Local Law No. 12 (Roads) 1999 
  • Local Law 17 (Parks an Reserves) 1997
  • Local Law No. 24 (Gates and Grids) 1999
  • Local Law No. 32 (Pedestrian Malls) 2000
  • Local Law 35 (Visibility of Road Intersections and Road Junctions) 1999,
  • Local Law No. 42 (Libraries) 1998

Local Law No. 8 (Nuisances and Community Health and Safety) 2013 repealed the following existing local laws:

  • Local Law No.8 (Control of Pests) 2005
  • Local Law No.9 (Entertainment Venues) 1999
  • Local Law No. 10 (Health and Safety) 1999
  • Local Law No. 18 (Control of Nisances) 1998
  • Local Law No. 22 (Water Supply) 1999
  • Local Law No. 23 (Telecommunications Cabling) 1997
  • Local Law No. 28 (Spray Painting) 1999
  • Local Law No. 29 (Temporary Homes) 2000
  • Local Law No. 45 (Construction of Dams) 1999
  • Local Law No. 51 (Private Railways) 1999
  • Interim Local Law No. 1 (Smoke Free Areas) 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. 2 (Council Meetings) 2013

The purpose of this local law is to provide a framework for the orderly and proper conduct of meetings of the local government and its committees.

Subordinate Local Law No. 2.1 (Council Meetings) 2013

This subordinate local law provides for the detailed procedures for the holding and conduct of council meetings. 

Local Law No. 3 (Commercial Licensing) 2013

The purpose of this local law is to ensure that-

  1.   the operation of commercial activities do not result in:
    1. harm to human health or safety or personal injury; or
    2. property damage or a loss of amenity; or
    3. environmental harm or environmental nuisance; and
    4. 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-

  1. a permit regulated activity does not result in:
    1. harm to human health or safety or personal injury; or
    2. property damage or a loss of amenity; or
    3. environmental harm or environmental nuisance; and
  2. 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:

  1. establishing and regulating parking in traffic areas, on roads and in off-street regulated parking areas; and
  2. regulating the issue and use of parking permits; and
  3. imposing temporary parking prohibitions and restrictions.
  4. 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. 

Local Law No. 6 (Animal Management) 2013 

The purpose of this local law is to regulate the keeping of animals:

  1. to protect the community against risk of injury and damage; and
  2. to ensure that animals do not create a nuisance or a risk to human health or safety; and
  3. to prevent environmental harm and environmental nuisance resulting from the keeping of animals and to protect the amenity of the local environment; and
  4. 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:

  1. protect the health and safety of persons using local government controlled  areas and roads;
  2. preserve the features and amenity of the natural and built environment under the local government's control;
  3. prescribe appropriate standards of conduct on local government controlled areas and roads; and
  4. provide direction on use of and access to local government controlled roads and areas; and
  5. 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:

  1. inadequate protection against animal and plant pests; and
  2. vegetation overgrowth; and
  3. visual pollution resulting from accumulation of objects and materials or from waste; and
  4. diminution of amenity by the emission of light;
  5. containers remaining kerbside for extended periods of time; and
  6. fires and fire hazards not regulated by State law; and
  7. safety hazards; and
  8. abandoned shopping trolleys; and 
  9. 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.

The provisions of current interim law banning smoking in pedestrian malls and at bus stops and taxi zones have been incorporated into this law. The standards required in relation to noise and light emissions and the requirements for the occupation of a temporary home remain unchanged.

Anti-competitive Provisions

The following local laws contain anticompetitive provisions which were subject to public interest test plans, consultation and public interest reports:

  • Local Law No. 3 (Commercial Licensing) 2013
  • Subordinate Local Law No. 3.1 (Commercial Licensing) 2013
  • Local Law No. 5 (Parking) 2013
  • Subordinate Local Law No. 5.1 (Parking) 2013
  • Local Law No. 6 (Animal Management) 2013 
  • Subordinate Local Law No. 6.1 (Animal Management) 2013
  • Local Law No. 8 (Nuisances and Community Health and Safety) 2013
  • Subordinate Local Law No. 8.1 (Nuisances and Community Health and Safety) 2013

Inspection and purchase of local laws

Copies of the local laws are available for inspection and purchase at the counter of the Council's Administration building, 45 Roderick Street, Ipswich and may be viewed and downloaded from the Council's website.