Western Australian Current Acts Western Australian Current Acts (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).
[Section 3.5 amended: No. 64 of 1998 s. 5; No. 24
of 2011 s. 166(2); No. 19 of 2016 s. 166.]