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2019-09-12 Special Meeting Agenda

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SPECIAL MEETING AGENDA   12 SEPTEMBER 2019




                               Page 43 of 57

SPECIAL MEETING AGENDA                                                                       12 SEPTEMBER 2019

                                                                                                                                               Attachment 3

                                                LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

         Local Law:                    Administration (Amendment) Local Law (No. 2) 2019.
         Purpose:                      The purpose of the local law is to amend Noosa Shire Council Local Law No. 1 (Administration) 2015.

                 Anti-competitive                      Relevant criteria                                    Explanatory Comments
                    Provisions
          Local law section 5              5 — prescribed standard                The provision identifies, for the purpose of the local law, the prescribed activity of the
          (Amendment     of   schedule 2 | 7 — business restriction               operation of short stay letting. Under the local law:-
          (Prescribed activities))         10 — permit requirement                (a) | anapproval is required in respect of the undertaking of the prescribed activity;
                                                                                        and
                                                                                  (b)   the local government has a discretion about the granting of approvals; and
                                                                                  (c)   if an approval is granted by Council—the approval may be granted subject to
                                                                                        conditions prescribed by Council.

         Subordinate Local Law:        Administration (Amendment) Subordinate Local Law (No. 2) 2019.
         Purpose:                      The purpose of the subordinate local law is to amend Subordinate Local Law No. 1 (Administration) 2015.

                 Anti-competitive                      Relevant criteria                                    Explanatory Comments
                    Provisions
          Subordinate Local law section 5 | 5— prescribed standard                e  imposes a requirement to obtain an approval in respect of the undertaking of the
          (Insertion of new schedule 21A— | 7 — business restriction                 prescribed activity and may have an impact on the conduct of a business activity,
          Operation of short stay letting) 10 — permit requirement                   and in particular, the prescribed activity of the operation of short stay letting.
                                                                                  e  Regulates the process for the grant of an approval by constraining the Council's
                                                                                     discretion.
                                                                                  «  The power to impose conditions and examples of subject matter for conditions
                                                                                     which form part of the process for the grant of an approval. The imposition of
                                                                                     conditions may have an impact on the conduct of a business activity.

         Attachment 3 - List of likely anti-competitive provisions

                                                                                                       Page 43 of 57
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