Council's Community Local Law 2023 (Local Law) supports the health, safety, and good governance of the municipal community in alignment with the Council Plan. It facilitates these objectives by regulating activities that may diminish others' enjoyment, prohibiting those that cause adverse impacts, protecting Council assets, and promoting a cohesive, sustainable, and flourishing environment for current and future generations.
A procedural irregularity was recently identified in the Local Law impacting clause 38(h). The specific clause, restricting the use of fireworks during the koala breeding season, was added after extensive public consultation on three alternatives, which did not include this option.
The result of this procedural irregularity is that clause 38(h) is invalid.
Council is committed to strong community engagement, and consultation is required under the Local Government Act 2020 when a change to the law affects a person's rights or responsibilities, even where prior consultation has occurred.
Council will proceed with a further review of the Local Law, supported by independent advice, to determine and communicate the next steps required to satisfactorily resolve this issue.
"Council acknowledges this procedural oversight and apologises for the error. While this issue is being addressed, clause 38(h) of the Local Law will not be enforced. We will continue to work alongside the community during this process and strongly encourage consideration of the koala breeding season along with all enforceable elements of the Local Law, including not endangering any animal when planning or undertaking fireworks or pyrotechnic displays."
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