Western Australia, Australia, local Plebiscite [ATP] - Legislative power of local governments [General]

General Typology

Instrument
Plebiscite [ATP]
Location
Western Australia, Australia
Political level
local
Local Name:
Legislative power of local governments [General]
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Division 2 — Legislative functions of local governments 

3.5. Legislative power of local governments 

(1) A local government may make local laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.
(2) A local law made under this Act does not apply outside the local government’s district unless it is made to apply outside the district under section 3.6.
(3) The power conferred on a local government by subsection (1) is in addition to any power to make local laws conferred on it by any other Act.
(4A) Nothing in the Building Act 2011 prevents a local government from making local laws under this Act about building work, demolition work, a standard for the construction or demolition of buildings or incidental structures, or the use and maintenance of, and requirements in relation to, existing buildings or incidental structures, as those terms are defined in section 3 of that Act. (4B) Nothing in the Health (Miscellaneous Provisions) Act 1911 or the Public Health Act 2016 prevents a local government from making local laws under this Act about matters relating to public health (as defined in the Public Health Act 2016 section 4(1)).
(4) Regulations may set out —
(a) matters about which, or purposes for which, local laws are not to be made; or (b) kinds of local laws that are not to be made, and a local government cannot make a local law about such a matter, or for such a purpose or of such a kind.
(5) Regulations may set out such transitional arrangements as are necessary or convenient to deal with a local law ceasing to have effect because the power to make it has been removed by regulations under subsection (4). 

References: Western Australia Local Government Act 1995 (accessed March 30,2020)

Subject Matter:

General rule to  allow local governments to make laws (maybe for further citizen participation)

Actors

Author:
Law
Initiator:
Local government
Decision maker:
Local government

Requirements

Available Time:
Turnout Quorum:
Approval Quorum:
Geographical Quorum:
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: