Legislation and Tasmanian councils
The Local Government Act 1993 is the principal piece of legislation establishing Tasmanian councils' powers and functions. More than 20 additional pieces of legislation define further responsibilities and functions for councils.
We play a crucial role in supporting councillors to understand the regulatory environment, particularly concerning their duties. In addition, we closely scrutinise legislative changes which may impact councils.
When we review proposed legislation or advocate for legislative changes, we talk to our members to ensure the proposed changes are informed by a practical understanding of how things work on the ground.
Major legislation affecting local government
As well as the Local Government Act 1993, many other pieces of Tasmanian legislation affect the operation and activities of councils. Some of the most essential Acts that are relevant to the work of councils include:
- Local Government (General) Regulations 2015
- Local Government (Meeting Procedures) Regulations 2015
- Local Government (Content of Plans and Strategies) Order 2014 (S.R. 2014, No. 35)
- Local Government (Audit Panels) Order 2014 (S.R. 2014, No. 34)
- Local Government (Management Indicators) Order 2014 (S.R. 2014, No. 36)
- Land Use Planning and Approvals Act 1993
- Environmental Management and Pollution Control Act 1994
- Public Health Act 1997
- Building Act 2016
- Dog Control Act 2000
- Water and Sewerage Corporation Act 2012.
These and other relevant pieces of legislation can be found at www.legislation.tas.gov.au
How LGAT advocates for Tasmanian councils
Current significant legislative review projects
Local Government Legislation Review
The Tasmanian Government began a major review of Tasmania’s Local Government Legislation Framework in 2018 to develop a new Local Government Bill based on the principles of community engagement, good governance, transparency and accountability, efficiency and effectiveness. The new Bill will support the important role and functions of councils and allow them to best serve their local communities.
We have been intensely engaged in the process and were able to influence the final directions agreed upon by the State Government. As well as consulting with councils and making submissions at critical stages, we are represented on the Project Steering Committee and have nominated local government representatives for the Reference Group and Technical Advisory Group.
Additionally, we are working on two key issues not currently within the scope of the Review – the Code of Conduct provisions and independent living unit rates exemptions.
Code of Conduct
The Code of Conduct Provisions in the Local Government Act has gone through significant review over the last few years, with our successful advocacy work in 2014 and 2017.
To this end, we have recently written to the Minister seeking a more holistic review as part of the Local Government Legislative Review currently underway.