Local laws and the Public Health Act

The following information summarises key issues related to the making of local laws.

Can local government make local laws under the new Act?

No. During consultation on the development of the new Act, local government indicated a preference for all local laws to be made under the Local Government Act 1995. 

Consistent with that feedback, the Public Health Act 2016 does not make provision for local laws. In future, these will instead be made under the Local Government Act 1995.

What will happen to our existing health local laws?

Local laws made under the Health (Miscellaneous Provisions) Act 1911 will remain in effect until stage 5 of implementation of the Public Health Act 2016.

Can local governments continue to make health local laws under the Health Miscellaneous Provisions) Act 1911?

No, it is recommended that new local laws are made under the Local Government Act 1995 rather than the Health (Miscellaneous Provisions) Act 1911.

Some local governments, who have local laws up for review, have started transitioning or developing new local laws under the Local Government Act 1995. Some examples include:

• City of Albany
• City of Belmont
• Shire of Cunderdin
• City of Gosnells
• Shire of Manjimup

What is the process for making local laws under the Local Government Act 1995?

The Department of Local Government, Sport and Cultural Industries have provided comprehensive Local Government Operational Guidelines on their Local Laws website (external link) to assist in the development, amendment and repeal of local laws under the Local Government Act 1995.

The Department of Health will provide guidance to local governments on which public health risks will be managed with regulations under the Public Health Act 2016 and whether local laws will be required for any remaining unregulated, lower risk activities.

Some activities that may require health local laws could include:

• Previous offensive trades which fall below the prescribed premises production or design capacities of the Environmental Protection Act 1986 – including piggeries
• Management of morgues
• Nuisances
• Cloth materials management

Will the repeal of the Model By-laws "Series A" impact my local laws if they were adopted by my local government?

The Model By-Laws “Series A” were repealed in stage 3 of the rollout of the new legislation. This will not have any effect on your own local government’s local laws. The Model By-Laws “Series A” provided a set of model local laws that could be adopted by each local government, but as a piece of legislation was not enforceable in its own right. It was viewed as a guidance document from which local governments could copy and paste the local laws they wished to adopt, rather than have to go the time and expense of drafting their own.

Will new Health Model Local Laws be developed under the Local Government Act 1995?

It is intended that the Department of Health will be working with the Department of Local Government, Sport and Cultural Industries and WALGA to provide information and guidance material to allow for the easy transition of local laws from sitting under the Health (Miscellaneous Provisions) Act 1911 to under the Local Government Act 1995. 

This process will occur closer to stage 5 of implementation of the Public Health Act 2016. If a local government’s health local laws require review, they have the option of either transitioning similar or updated local laws under the Local Government Act 1995 prior to Stage 5 or decide to wait until guidance material is released.

Do new health local laws made under the Local Government Act 1995 need to be submitted to the Department of Health?

No, local laws made under the Local Government Act 1995 do not need to be sent to the Department of Health as was the previous procedure when they were made under the Health Act 1911.