Legislation and By-Laws
The principal legislation establishing the powers and functions of Tasmanian Councils is the Local Government Act 1993 (the Act).
In addition, most of our operations are regulated or guided by a range of related legislation, regulations, by-laws and policies.
As described in the Act, the role of Council is:
- to provide for the health, safety and welfare of the community
- to represent the interests of the community
- to provide for the peace, order and good government of the municipal area.
We ensure that our services and programs support this role and continually strive to improve these services by engaging with the community, and ensuring good governance of our actions.
Sorell Council is also governed by a number of by-laws. These provide a framework for our management and regulate our actions as an organisation and regulate or control various activities within the Municipality.
A by-law is considered to be subordinate legislation. That means it cannot override a provision already covered by State Parliament’s legislation of Acts and Statutory Rules.
By-laws are required because in many cases the existing State legislation does not provide the level of detail required for the Council to effectively manage a function.
In creating a by-law, the Council is required to submit a draft of the by-law to the community for input/comment, to the State Government through the Local Government Division, and have it certified by a legal practitioner as not being in conflict with existing legislation. Before a by-law becomes law it must be published in the Tasmanian Gazette.
Sorell Council currently has the following by-laws made under the provisions of the Act: