FAQs

Section 3.5 of the Local Government Act 1995 (the Act) provides the power for local governments to make local laws to help perform their functions. 

Local Laws (which were once known as ‘By Laws’) are subsidiary legislation, made by local governments.

Local Laws must be reviewed at least once every eight years in accordance with the Local Government Act 1995. 

This allows for the opportunity to review if these local laws are still "fit for purpose".

The feedback is provided to the Council to assist in its decision making on whether to repeal, amend or retain the current local laws.

There are many steps that must be followed to review a local law and a review can take up to twelve months.

Local laws can only be made when authorised by the Local Government Act 1995 (the Act) or other written laws, but cannot be inconsistent with any State or Federal law.

Local laws typically cover areas such as car parking, activities on thoroughfares, public places and council and committee meetings.

Currently, the City is seeking feedback on the current Property, Parking and Dogs local laws to assist the Council to determine whether they should be amended, repealed or retained in their current form.

If, based on the first round of feedback, the Council then decides to amend a local law, a draft version will then be advertised to enable the public and other stakeholders to provide feedback on the amendments proposed.

The City is also seeking feedback on the proposed Keeping and Control of Cats Amendment Local Law 2024. Once Council has considered that feedback, it will consider whether to make the local law.

If the Council decides to amend the local law, a further report will be prepared by officers and presented for Council to consider advertising a proposed draft local law for public comment. 

On completion of this second round of public comment a final report would be presented to Council to consider making the amended local law.

After considering the public submissions on a draft local law, Council may decide to make the new local law.

Once Council has made the local law, it will be published in the Government Gazette, and come into operation 14 days after gazettal. 

The final process requires the approval of the State Government through the Joint Standing Committee on Delegated Legislation (JSCDL). The JSCDL will scrutinise the local law and either approve it or request the Council to amend it.

If adopted by the Council, the proposed draft Keeping and Control of Cats Amendment Local Law 2024 would make the following changes to the Keeping and Control of Cats Local Law 2022:

1. Insertion of a new clause 2.3 which provides that a cat shall not be in a public place unless the cat is, in the opinion of an authorised person, under effective control.
   Clause 2.3 also stipulates that a cat should not be in a place that is not public, unless consent to its being there has been given by the occupier or a person apparently authorised to consent on behalf of the occupier, and it is under effective control.
   If the cat contravenes clause 2.3, the owner of the cat commits an offence, and an authorised person may seize and impound the cat and deal with the cat pursuant to the Cat Act 2011.
2. A new offence penalty of $250 for a contravention of new clause 2.3.
3. "Brickworks Lake" is specified as a part of the Maylands Lakes cat prohibited area.