Local Law Review
Pursuant to section 3.16 of the Local Government Act 1995 the Town of Bassendean is required to periodically review its local laws to determine whether or not they should be amended, repealed or remain unchanged.
Notice is hereby given that the Town of Bassendean proposes to review the following local laws:
• Parking Local Law 2019
• Property Local Law 2001
A copy of the Local Laws are available on the Town’s website at https://www.bassendean.wa.gov.au/documents/local-laws or may be inspected at or obtained from the Customer Service Centre and Bassendean Memorial Library during normal opening hours.
Submissions about the Local Laws may be made to the Chief Executive Officer, Town of Bassendean, PO Box 87, Bassendean WA 6934 or [email protected] by Friday 9 May 2025.
DISCUSSION PAPER
Introduction
The Local Government Act 1995 requires local governments to review their Local Laws every eight years to make sure they are still current and fit for purpose.
The Town of Bassendean is proposing to review both the Parking Local Law 2019 and the Property Local Law 2001.
Following this initial consultation phase and consideration of feedback received, draft amended Local Law/s will be considered at a future Council meeting, prior to release for a second consultation phase.
Based on the Act, two phases of consultation are required, with the overall process as follows:
1. Phase 1 Consultation (CURRENT STAGE). The first phase of engagement is open 20 March 2025 – 9 May 2025
2. Review feedback received
3. Report to Council with draft amended Local Law: expected 27 May 2025 Ordinary Council Meeting.
4. Phase 2 Consultation: Minimum 6 weeks
5. Review feedback received
6. Report to Council with final amended/ new Local Law/s
7. Approval by Joint Steering Committee
8. Gazettal of Local Law
The process to review local laws under the Act
The process to review Local Laws under Section 3.16 of the Act provides the process for reviewing Local Laws. In 2006, the Department of Local Government published Local Government Operational Guidelines on Local Laws (Guidelines) discussing the requirements of a Local Law review conducted in accordance with section 3.16 of the Act. The Guidelines assist with the process to be followed to conduct eight-yearly reviews of current Local Laws to decide if they are to stay unchanged, be amended or repealed. After a Local Law is reviewed, there is a separate process under section 3.12 of the Act for amending an existing Local Law, making a new one or repealing one that is no longer fit for purpose.
Amend - make minor changes to the Local Law in order to make it fairer or more accurate, or to reflect changing circumstances. If the recommendation to Council is to amend, the draft Local Law will be presented to Council for permission to advertise for further consultation.
Repeal - to revoke or withdraw the Local Law formally if it is determined that it’s no longer fit for purpose. If the recommendation to Council is to repeal, the existing Local Law will be presented to Council for permission to advertise for further consultation.
Remain the same – No change means no further consultation required.
What are the objectives of the review?
The following is considered as part of the review of Local Laws:
• to consider if there are provisions that can be removed to address unnecessary regulation that imposes a burden on the community to comply where circumstances may not require it
• to make sure provisions are easy to interpret and understand
• to check they are consistent with other regulatory requirements, relevant Australian Standards and Council policies, and streamline administrative processes to make a Local Law easier to implement.
What feedback does the Town require at this stage?
The Town is seeking feedback on the proposal to review the Town of Bassendean Parking Local Law 2019 and Town of Bassendean Property Local Law 2001 and any comments that may inform development of draft amended Local Law/s.
Following close of consultation and consideration of comments, a draft amended Local Law/s will be presented to Council (expected in May 2025) prior to the second phase of community consultation.