City of Canning Local Law Review

Introduction

The City is seeking your feedback on its proposed draft, City of Canning Dog Amendment Local Law 2021.

At its Ordinary Council Meeting of 17 August 2021 the City of Canning Council approved commencement of the local law making procedure in accordance with the Local Government Act for the draft City of Canning Dog Amendment Local Law 2021.

This amendment is required to meet the request of the Joint Standing Committee on Delegated Legislation.

The purpose of the proposed Dog Amendment Local Law 2021 is to make amendments to the Dog Local Law 2021.

The effect of the proposed Dog Amendment Local Law 2021 is to correct typographical errors within the Dog Local Law 2021 including to amend the definition of authorised person, to accurately reference the fee setting sections of the Local Government Act 1995 and to remove reference to the Fencing Local Law 2021.

Under the Local Government Act 1995, a statutory public consultation period of 42 days applies, with the consultation closing 1 November 2021.

To read more about the City's Local Laws, visit this link

Submissions received will not be directly responded to, unless requested. All submission will be reviewed and considered, as part of a report to be presented to Council in either December 2021 or February 2022.

Background

The City of Canning Dog Local Law 2021 was published in the Government Gazette on Friday, 26 March 2021 and came into operation 14 days after publication. The Local Law was submitted to the Joint Standing Committee on Delegated Legislation (JSCDL), a Western Australian (WA)

Parliamentary Committee. Review by the JSCDL is an important final step in the law making process and commonly results in minor changes to local laws to ensure they are lawful and do not go beyond the power that is delegated.

The JSCDL wrote to the City of Canning Mayor on 15 June 2021, requesting minor amendments be made to the Dog Local Law 2021. They provided the suggested content of a Council resolution on the matter requesting the undertakings be resolved by Council, which occurred on Tuesday, 20 July 2021. Subsequently the Mayor wrote to the Joint Standing Committee confirming Council’s commitment to make the undertakings.

Details of the proposed amendments

The amendments are minor in nature and relate to changes to the definition of ‘authorised person’ to reference Section 11A of the Dog Act, changing the reference in Clause 3.10 from ‘6.15’ to ‘6.16’ where it relates to fee setting and removing reference to the City of Canning Fencing Local Law 2021 as it has not yet come into operation.

Law-making process

After the last day for submissions (being 1 November 2021) the Council must consider any submissions and may, by an absolute majority, proceed with the local law as proposed or make alterations that are not significantly different from what was first proposed; (if alternations are proposed that make

the proposed local law significantly different from what was first proposed, then the process must start again and six weeks consultation must recommence).

The adopted local law is published in the Government Gazette.

After the local law is published, the City will provide a signed and sealed copy of the adopted local law to the Minister(s).

Another local public notice is given:

• i. Stating the title of the local law;
• ii. Summarising its purpose and effect;
• iii. Specifying the date on which it comes into operation; and
• iv. Advising that copies of the local law may be inspected or obtained from the office of
• the local government.

All Relevant documents are sent to the Parliament’s Joint Standing Committee on Delegated Legislation (JSCDL) for a review of the local law.

Submissions

Submissions about the proposed local law may be made to the Chief Executive Officer, City of Canning Locked Bag 80, Welshpool, WA 6986 or lodge comments via this Your Say page (Comments and Feedback section below) no later than 1 November 2021.

For any questions, please contact the City’s Manager Regulatory Services on 9231 0667.