Notice of making of Local Laws (to commence on 1 July 2024)

Making of Local Laws

On 8 November 2023, Cairns Regional Council resolved to make:

1. Amending Local Law No. 1 (Administration) 2023;
2. Amending Local Law No. 2 (Animal Management) 2023;
3. Amending Subordinate Local Law No. 2 (Animal Management) 2023;  
4. Amending Local Law No. 3 (Community and Environment) 2023;
5. Amending Subordinate Local Law No. 3 (Community and Environment) 2023;
6. Amending Local Law No. 5 (Temporary Homes and Camping) 2023;
7. Amending Local Law No. 6 (Camping Grounds, Caravan Parks and Shared Facilities Accommodation) 2023;
8. Amending Local Law No. 7 (Human Remains and Cemeteries) 2023;
9. Amending Local Law No. 8 (Swimming Pools) 2023;
10. Amending Local Law No. 9 (Temporary Entertainment Events) 2023;
11. Amending Local Law No. 10 (Cane Railways) 2023;
12. Amending Local Law No. 11 (Local Government Controlled Areas and Roads) 2023;
13. Amending Subordinate Local Law No. 11 (Local Government Controlled Areas and Roads) 2023;
14. Amending Local Law No. 12 (Parking) 2023;
15. Amending Subordinate Local Law No. 12 (Parking) 2023; and
16. Amending Local Law No. 14 (Town Water) 2023,

(collectively, the “New Amending Local Laws”),

and to make the following new local law:

17. Local Law No. 15 (Waste Management) 2023 (the “New Local Law”).

Commencement

The New Amending Local Laws and the New Local Law will commence on 1 July 2024.

Adoption of Consolidated Versions

On 8 November 2023, Council also resolved to adopt consolidated versions of the New Amending Local Laws.

Local Laws Amended

The New Amending Local Laws amend the following existing local laws from 1 July 2024:

1. Local Law No. 1 (Administration) 2016;
2. Local Law No. 2 (Animal Management) 2016;
3. Subordinate Local Law No. 2 (Animal Management) 2016;  
4. Local Law No. 3 (Community and Environment) 2016;
5. Subordinate Local Law No. 3 (Community and Environment) 2016;
6. Local Law No. 5 (Temporary Homes) 2016;
7. Local Law No. 6 (Camping Grounds, Caravan Parks and Shared Facilities Accommodation) 2016;
8. Local Law No. 7 (Human Remains and Cemeteries) 2016;
9. Local Law No. 8 (Swimming Pools) 2016;
10. Local Law No. 9 (Temporary Entertainment Events) 2016;
11. Local Law No. 10 (Cane Railways) 2016;
12. Local Law No. 11 (Local Government Controlled Areas and Roads) 2016; and
13. Subordinate Local Law No. 11 (Local Government Controlled Areas and Roads) 2016;
14. Local Law No. 12 (Parking) 2016;
15. Subordinate Local Law No. 12 (Parking) 2016; and
16. Amending Local Law No. 14 (Town Water) 2016.

Purpose and general effect

The purpose and general effect of all of the New Amending Local Laws are to:

• amend superseded legislative references;
• make miscellaneous clarifying changes; and
• fix typographical errors and renumbering of provisions,

and more specifically, for each New Amending Local Law, the purpose and general effect are:

1. Local Law No. 1 (Administration) 2016
   • provide additional grounds for removal of vehicles from roads;
   • allow for service of documents to occur electronically;
   • add and amend existing definitions; and
   • clarify existing administrative provisions.
2. Local Law No. 2 (Animal Management) 2016
   • update and clarify existing provisions and conditions of approvals;
   • allow for the prohibition of animals in public places and dog off-leash areas to be designated by Council resolution;
   • increase the penalty unit amount for some repeat offences;
   • allow for the seizure of animals being kept in contravention of a prohibition; and
   • clarify the return of seized animals following a compliance notice being issued and appeals and stays of destruction orders.
3. Subordinate Local Law No. 2 (Animal Management) 2016
   • clarify specific standards for keeping an animal;
   • remove the prohibition related to the breeding of dogs to remove any inconsistency with the Animal Management (Cats and Dogs) Act 2008; and
   • delete Schedule 5 for the prohibition of animals in public places.
4. Local Law No. 3 (Community & Environment) 2016
   • update the requirements for emergency declarations for declared pests;
   • amend the grounds for determining overgrown allotments and accumulation of objects and materials on allotments;
   • delete Part 4 relating to Waste Management; and
   • clarify the application of fires within the local government’s area.
5. Subordinate Local Law No. 3 (Community and Environment) 2016 to:
   • update declared local pests, prohibited fires and prescribed requirements for community safety hazards; and
   • update the prescribed noise standards within Schedule 5 to assist in regulation of those noise standards and where they apply.
6. Local Law No. 5 (Temporary Homes) 2016 to:
   • update the criteria and conditions of approval when considering applications for temporary homes;
   • amend the Title of Local Law No. 5 to include camping’; and
   • insert a prescribed activity for camping on premises, not otherwise regulated by Local Law No. 6 (Camping Grounds, Caravan Parks and Shared Facilities Accommodation) 2016 or the Planning Act 2016.
7. Local Law No. 6 (Camping Grounds, Caravan Parks and Shared Facilities Accommodation) 2016 to:
   • update and clarify the types of conditions to impose on permits.
8. Local Law No. 7 (Human Remains and Cemeteries) 2016 to:
   • update the criteria to be considered for applications and update the conditions to be imposed on permits;
   • place obligations on funeral directors when conducting ceremonies within a local government cemetery; and
   • include an approval process for the purchase of burial rights.
9. Local Law No. 8 (Swimming Pools) 2016 to:
   • update the relevant guidelines and standards that must be complied with as an operator of a swimming pool.
10. Local Law No. 9 (Temporary Entertainment Events) 2016 to:
    • amend references to ‘minor’ and ‘major’ events to ‘small temporary entertainment events’ and ‘large temporary entertainment events’;
    • clarify the circumstances when an approval is required for each type of event and when an event is considered an ‘exempt event’ that does not require approval;
    • specify the requirements that must be addressed when applying to the local government to conduct an event;
    • update the criteria that must be considered before granting a permit; and
    • update the conditions that may be imposed on permits.
11. Local Law No. 10 (Cane Railways) 2016 to:
    • update the criteria to be considered on an application to the local government and the conditions that must be imposed on a permit.
12. Local Law No. 11 (Local Government Controlled Areas and Roads) 2016 to:
    • provide an offence provision for non-compliance with a verbal direction for a restricted activity;
    • remove ‘general activities’ as a prescribed activity and replace it with ‘public place activities’ for non-commercial use of local government controlled areas and roads (“LGCAR”) and ‘commercial use activities’ for commercial use of LGCAR;
    • amend activities that do not require a permit from the local government;
    • update conditions to be imposed on permits; and
    • enable a verbal direction to be given for an intoxicating liquor offence.
13. Subordinate Local Law No. 11 (Local Government Controlled Areas and Roads) 2016 to:
    • remove all LGCAR listed in Schedule 1, except foreshores, roads and other areas controlled by the local government;
    • update the prohibited activities in Schedule 2;
    • update the restricted activities in Schedule 3; and
    • update the map and coordinates for The Boulders in Schedule 5.
14. Local Law No. 12 (Parking) 2016 to:
    • update and clarify existing provisions, including when a person or entity may apply for a permit;
    • update the additional criteria to be considered before granting or refusing a permit; and
    • update the conditions that will be imposed on a permit.
15. Subordinate Local Law No. 12 (Parking) 2016 to:
    • update the mapping for the Declaration of off-street regulated parking areas in Schedule 1, including new declared off-street regulated parking areas for the Bluewater Boat Ramp and Tanks Car Park; and
    • update the minor traffic offences within Schedule 2 to reflect the Transport Operations (Road Use Management – Road Rules) Regulation 2009; and
    • increase the penalty unit amount for stopping in a parking area for people with disabilities without the required permit from 1.725 to 4 penalty units.
16. Local Law No. 14 (Town Water) 2016 to:

• amend the approval process for hiring metered standpipes; and
• include an offence provision where the responsible person for premises does not take all reasonable steps to prevent water loss.

The purpose and general effect of the New Local Law is to:

• regulate the storage, servicing and removal of waste from premises;
• regulate the disposal of waste at local government waste facilities; and
• protect the environment and loss of amenity by the community including to prevent harm to human health, safety and/or personal injury, to prevent property damage and/or loss of amenity and to prevent environmental harm or environmental nuisance.

Anti-competitive provisions

The New Amending Local Laws contain anti-competitive provisions.

Inspection and purchase

A copy of the New Amending Local Laws and the New Local Law, and the consolidated versions of the Local Laws amended by the New Amending Local Laws, may be inspected and purchased at Council’s public office at 119-145 Spence Street, Cairns.

A copy of the New Amending Local Laws and the New Local Law may also be viewed by the public on the website of the Department of State Development, Infrastructure, Local Government and Planning.

CHIEF EXECUTIVE OFFICER
CAIRNS REGIONAL COUNCIL