FAQs

A range of State legislation regulates public and environmental health in Western Australia. Local governments have an important role in administering and enforcing this legislation and working with residents, businesses and industry to meet public health requirements.

The City of Fremantle Health Local Laws 1997 provide additional local requirements covering areas including:

• sanitation
• housing
• waste and food refuse
• keeping of animals
• pest control
• infectious diseases
• lodging houses
• offensive trades.

The Health Local Laws commenced in 1998 and have not undergone a comprehensive review since that time.

Since then, public health legislation, regulations and common practices have changed. In 2024, a number of health regulations were also repealed or replaced, meaning some provisions within the City's existing Health Local Laws may no longer be required or may need updating.

The Health Local Laws commenced in 1998 and have not undergone a comprehensive review since that time. Changes to State legislation and the public health regulatory framework have occurred since the Local Laws were introduced. The review provides an opportunity to consider whether the Local Laws remain current and appropriate.

No. No changes are proposed at this stage. The purpose of this consultation is to hear from the community before Council determines whether the existing Local Law should remain unchanged; or be amended or repealed.

The City intend to conduct a further review of the local law once the State Government finalises its new health regulations, with significant changes expected.

Schedule 9.3, Division 7, Clause 65 of the Local Government Act 1995 provide provisions for periodic reviews of local laws in relation to the 2024 amendment act.

The City of Fremantle is now required to review any local laws that are either due or overdue for a review. This must be undertaken within a two-year period, prior to 7 December 2026, unless a review occurred within the last 8 years. If this review does not occur, the local laws that have not been reviewed within this timeframe they will automatically be repealed.

Review Process:

Within a period of 15 years after the day on which a local law commenced or a determination in respect of the local law was last made under section 3.16 subsection (4), as the case requires, a local government must carry out a review of the local law to determine whether it considers that the local law should be repealed, be amended or remain unchanged.

The local government is to give local public notice stating that —

1. the local government proposes to review the local law; and
2. a copy of the local law may be inspected or obtained at any place specified in the notice; and
3. submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.

After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council. 

After the report has been submitted to its council, the local government must determine whether it considers that the local law should be repealed, be amended or remain unchanged.

No changes to existing Local Laws:

The minutes of the meeting at which the local government determine that the local law remain unchanged are published on the City's website.

The local government is not required to advertise the decision further.

New and Amendment Local Laws (not a model local law):

At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner. 

The local government is to —

1. give local public notice stating that —

1. the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
2. a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
3. submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and

2. as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to —

1. the Departmental CEO; and
2. if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is proposed to be made — the chief executive officer of that other department; and

3. provide a copy of the proposed local law, in accordance with the notice, to any person requesting it. 

After the last day for submissions under subsection, the local government is to consider any submissions made and may make the local law as proposed or make a local law that is not significantly different from what was proposed. 

After making a local law, the local government must —

1. publish the local law in the Gazette; and
2. give a copy of the local law to —

1. the Departmental CEO; and
2. if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is made — the chief executive officer of that other department. 

After the local law has been published in the Gazette the local government is to give notice in the required way —

1. stating the title of the local law; and
2. summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and
3. advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.

If during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure. 

Unless it is made under section 3.17, a local law comes into operation on the 14th day after the day on which it is published in the Gazette or on such later day as may be specified in the local law. 

Repeal of Local Law:

The process for making local laws applies.