Local Government Gazette Notices Explained

Western Australia's 137 local governments are prolific publishers in the Government Gazette. From local laws to rate notices to public health orders, the Gazette is the formal mechanism through which councils exercise many of their statutory powers.

If you work in local government — or work with local governments — understanding what gets gazetted and why is fundamental to doing your job effectively.

What Do Local Governments Publish in the Gazette?

Local Laws

Local laws (formerly by-laws) are the rules that councils make under the Local Government Act 1995 and other legislation. They cover matters like:

• Parking and traffic — local parking restrictions, traffic management
• Animals — dog registration, cat control, livestock in urban areas
• Health — food safety, public swimming pools, offensive trades
• Building and property — fencing, signage, property maintenance
• Activities on public land — events, trading, camping

Local laws must be gazetted to take legal effect. The gazettal date is when the law becomes enforceable. Before gazettal, the local law goes through a public consultation process, but it's the gazette publication that gives it legal force.

Rate Notices

Under the Local Government Act 1995, councils must give public notice of their rates and charges. While rate notices are sent to individual property owners, the formal public notice is published in the Gazette.

Bush Fire Notices

Local governments with bushfire-prone areas publish:

• Prohibited burning period notices
• Restricted burning period notices
• Firebreak requirements
• Total fire ban notices

These are gazetted under the Bush Fires Act 1954 and carry significant compliance obligations for landowners.

Public Health Orders

Under the Public Health Act 2016 and related legislation, local governments can issue:

• Food business registration requirements
• Public health risk notices
• Environmental health orders
• Pest control notices

Appointment and Delegation Notices

Councils gazette appointments of authorised officers (parking inspectors, health officers, building surveyors) and delegations of authority from council to the CEO or other officers.

Road Closures and Dedications

Opening, closing, and dedicating roads requires gazettal. These notices affect property access, subdivision approvals, and infrastructure planning.

Planning Notices

While planning scheme amendments follow a specific process (covered in our planning guide), local governments also publish other planning-related notices including structure plan approvals and development contribution plans.

The Gazettal Process for Local Laws

The process for making a local law illustrates how the Gazette fits into local government operations:

1. Council resolution to make the local law
2. Statewide notice published in the Gazette and a newspaper (advertising the proposed local law)
3. Local notice at the council offices
4. Public comment period — minimum 42 days
5. Council considers submissions and may modify the local law
6. Final version sent to the Minister and the Joint Standing Committee on Delegated Legislation
7. Gazettal — the local law is published in the Gazette and takes effect on the date specified (or the date of gazettal if no date is specified)
8. Tabling in Parliament — the local law is tabled and can be disallowed within a set period

This means there are at least two gazette moments for every local law: the advertising notice and the final gazettal. Both are important — the first for public participation, the second for legal effect.

Why This Matters for Council Officers

Compliance

Many council actions only have legal effect once gazetted. If a local law isn't properly gazetted, it's not enforceable. Council officers responsible for compliance and enforcement need to verify that the gazettal process was correctly followed.

Tracking Other Councils

Local government officers often need to know what other councils are doing:

• Benchmarking — comparing local laws, rates, and policies
• Regional coordination — aligning approaches on issues like bushfire management or animal control
• Best practice — learning from other councils' local laws

The Gazette is the definitive source for what other councils have enacted.

State Government Actions Affecting Councils

The state government publishes notices in the Gazette that directly affect local governments:

• Changes to the Local Government Act regulations
• Minister's orders and directions
• Planning decisions that override local schemes
• Environmental conditions affecting council land

Council officers who only read their own gazette notices miss the broader regulatory context.

Meeting Statutory Requirements

The Local Government Act 1995 and other legislation impose specific gazettal requirements. Failure to gazette properly can invalidate council decisions and expose the council to legal challenge.

Why This Matters for Stakeholders

Developers and Property Owners

Local laws and planning notices directly affect development rights. A new local law restricting signage, changing parking requirements, or introducing property maintenance standards can affect existing businesses and planned developments.

Businesses

Food businesses, event organisers, and commercial operators are subject to local laws. Changes to health regulations, trading conditions, or licensing requirements are gazetted.

Ratepayers and Residents

Rate notices, bushfire requirements, and animal control local laws affect every resident. While councils typically publicise major changes, the Gazette is the formal and authoritative source.

Legal Practitioners

Lawyers advising clients on local government matters need to verify that local laws were properly made and gazetted. The Gazette record is primary evidence of a local law's validity and commencement date.

Common Issues with Local Government Gazette Notices

1. Delayed Gazettal

Sometimes there's a gap between council approval and gazettal. During this gap, the local law has no legal effect, even if council has resolved to make it.

2. Errors in Gazetted Notices

Errors in gazette notices — wrong dates, incorrect references, typos in legal descriptions — can create enforcement problems. Corrections require a further gazette notice.

3. Disallowance

The Joint Standing Committee on Delegated Legislation can recommend that Parliament disallow a local law. If disallowed, the local law ceases to have effect. The disallowance is gazetted.

4. Outdated Local Laws

Some councils have local laws that haven't been reviewed for years. The Gazette record helps identify when laws were last updated and whether they're still current.

Monitoring Local Government Gazette Notices

With 137 local governments publishing in the Gazette, plus state government notices affecting councils, the volume of relevant notices is substantial. Manual monitoring means:

• Reading every Tuesday and Friday gazette
• Scanning Part 4 (Local Government) plus relevant parts of Parts 2 and 3
• Tracking notices from specific councils or on specific topics
• Watching for both advertising and final gazettal of local laws

For council officers, consultants, and lawyers who work across multiple local government areas, this quickly becomes unmanageable.

How GovScanner Helps

GovScanner monitors every WA Government Gazette and delivers alerts based on your keywords. For local government professionals, this means:

• Track specific councils — get alerts whenever a particular council publishes a notice
• Monitor topics — local laws, rates, health orders, bushfire notices
• Watch for state actions — regulatory changes affecting local government
• Never miss a deadline — advertising and comment periods are flagged when they appear

Whether you're a council officer keeping tabs on your obligations, a consultant advising multiple councils, or a lawyer verifying local law validity, automated monitoring ensures you're always informed.

Key Takeaways

• WA local governments publish local laws, rates, health orders, and more through the Gazette
• Gazettal gives local laws legal effect — without it, they're not enforceable
• Council officers need to monitor both their own gazetted notices and state government actions
• Stakeholders including developers, businesses, and lawyers are affected by local government gazette notices
• Automated monitoring is the practical solution for tracking notices across 137 local governments