What is a by-law?
While councils have many responsibilities under state legislation, a by-law is a tool that allows them to tailor rules to their unique local circumstances.
For example, a council might create a by-law to manage activities in public spaces, such as setting rules for footpath dining or street trading, to balance the needs of businesses and pedestrians.
Every by-law must relate to a council's official functions and powers. It only has legal force within that council's boundaries and automatically expires 10 years after it is made, unless a shorter period is specified.
How by-laws are made
The power for councils to make by-laws is granted by the Tasmanian Parliament, and the process is set out in Part 11 of the Local Government Act. As part of this process, the council must release a draft of the proposed by-law and a formal statement explaining its impact for public consultation (called a regulatory impact statement), allowing community members to provide feedback before it is formally adopted.
Finding current by-laws
By-laws are regularly updated and they expire after 10 years. The most reliable and up-to-date source for a council's current by-laws is the council itself.
Councils are required to have copies of their current by-laws on their website. Find your local council's website in the Tasmanian council directory.
