Section 29A of the Local Government Act 2009 and section 31A of the City of Brisbane Act 2010 require local governments to consult with relevant state agencies about the overall state interest in the proposed local law before making a local law. Section 29A clarifies that a state interest check is not required if:
- the proposed local law is a subordinate local law
- a local law incorporates a model local law or part of a model local law. However, a state interest check must be undertaken on any part of the proposed local law that is different from, or additional to, the model local law.
Each local government must consult with those state departments that have portfolio responsibility for the area the local law relates to and obtain their feedback and comments for consideration before a local law is made by resolution.
Careful consideration should be given to the comments provided by state agencies. If, for example, the local law duplicates or contradicts a state law, the local government should either discontinue the local law making process or make amendments to address the state interest before proceeding.
The Minister for Local Government has powers under section 38AB of the Local Government Act 2009 and section 42 of the City of Brisbane Act 2010 to suspend or revoke a local law if it does not satisfactorily deal with the state interest, is contrary to another law or is inconsistent with the local government principles.