Published on Tuesday, 2 July 2024 at 1:45:00 PM
Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.
The purpose of the Extractive Industries Local Law is to:
- Prohibit the carrying on of an extractive industry unless by authority of a license issued by the local government;
- Regulate the carrying on of the extractive industry in order to minimize damage to the environment, roads and other peoples’ health and property; and
- Provide for the restoration and reinstatement of any excavation site.
The effect of the Extractive Industries Local Law is to ensure any person wanting to carry on an extractive industry is licensed and complies with the provisions of the local law.
Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as achieving effective government.
Section 3.16(1) of the Local Government Act 1995 requires that all local laws of local government must be reviewed within an 8-year period after their commencement or from their last review date.
Earlier this year, Shire Officers reviewed the Extractive Industries Local Law 2001 and determined that some minor changes were required, including the addition of definitions for ‘land’, ‘occupier’ and ‘owner’, updating the format to the current local law template, and significant changes to Schedule 1 to include additional prescribed offences.
As various changes were recommended, it was proposed that a new local law, the Shire of Esperance Extractive Industries Local Law 2024, be adopted which will repeal the current local law.
A public submission period was open between 5 April and 25 May 2024, with no submissions received. Shire officers sought advice from the Department of Local Government, Sport and Cultural Industries (DLGSC), who proposed minor modifications to the Extractive Industries Local Law 2024. The DLGSC proposed the inclusion of ‘planning approval’ definition and the notification of outcomes in clauses 3.1 and 4.1. These changes have since been incorporated into the Extractive Industries Local Law 2024 which has been adopted by Council.
The Extractive Industries Local Law, and other local laws, can be found at https://www.esperance.wa.gov.au/council/publications-documents/local-laws.aspx
Council Plan 2022-2032
Prosperity - Outcome 12. A prosperous and diverse economy
Objective 12.1. Attract and retain diverse industries and enterprises to grow the economy and local jobs.
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