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2018-08-07 S&O Agenda - Att 1 to Item 7 - Public Interest Test Report

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                                                                                Att 1 to Item 7
                                                                                Services and Organisation
                                                                                Committee Meeting Agenda
                                                                                7 August 2018


                               PUBLIC INTEREST TEST REPORT

    ADMINISTRATION AND OTHER LOCAL LAWS (AMENDMENT) LOCAL LAW
     (NO. 1) 2018 AND ADMINISTRATION AND OTHER SUBORDINATE LOCAL
         LAWS (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2018


A public interest test has been conducted as part of the National Competition Policy reforms on anti-
competitive provisions identified in the local law and subordinate local law identified in schedule 1.
The public interest test has been conducted against the principles and objectives set by the
Competition Principles Agreement which were outlined in the public interest test plan.

The public interest test report has been prepared in accordance with guidelines issued by the
Department of Local Government and called up by regulation under the Local Government Act 2009.

RESULTS OF CONSULTATION PROCESS

Consultation with the public and key stakeholders occurred over a three week period. An
advertisement was placed in the local paper at the commencement of the consultation period advising
of the review and calling for submissions. Notices were posted on notice boards within the local
government area during the consultation period. Direct notification of the review was sent to all key
stakeholders.

As a result of the public consultation process, Council received 4 written submissions, which all related
to the proposed regulation of parking within the Noosa National Park Carparks. A summary of those
submissions is outlined below.

Submission received        Summary
Submission one              Delighted if Council could stop people parking at Noosa Heads
                              National Park carpark. However, the carpark should not be physically
                              closed / locked all night.
                            A few short stay parks might be useful but having all parks limited to a
                              maximum of 2 hours would be inadequate for:
                              (a) A walk through the park via Hells Gate;
                              (b) Catching waves as they need to be shared with other surfers;
                              (c) A picnic followed by a walk for a family with children.

Submission two                 Overnight campers dominating car parks has become excessive and
                                limits the use by locals.
                               An overnight ban from 10:00pm to 4:00am could be effective.
                               Supporting a 4 hour daytime parking limit to prevent tourist camper
                                vans dominating the car parking for the entire day.
Submission three               The decision to regulate parking in the National Park areas should be
                                applauded. A time limit of 3 to 4 hours would be appropriate to allow
                                time needed to walk, enjoy a surf or a swim.
                               Council should also consider limiting parking time for the streets
                                around Little Cove such as Alderly, Pandanus, Mitti and Kereela.
                                Residents could be supported by providing a vehicle specific exemption
                                certificate.
Submission four                The proposal for regulate the National Park carparks has a lot of merit.
                               Getting the time limits right will be key to ensuring the community is not
                                unfairly disadvantaged. To ensure the location is suitable for day-trips
                                and extended walks, any restriction to parking should be no less than 6
                                hours.



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                                                     ATTACHMENT 1 PIT Report - Administration LL SLL 2018
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Section 2

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVES

Positive and negative impacts on stakeholders from moving to alternatives are particularised in the
schedules to this report as follows:-

Installation of Advertising Devices — See Schedule 2

Operation of Accommodation Parks — See Schedule 3

Operation of Shared Facility Accommodation — See Schedule 4

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES

An analysis of the costs and benefits of moving to an identified alternative is detailed in the following
schedules.

Installation of Advertising Devices — See Schedule 2

Operation of Accommodation Parks — See Schedule 3

Operation of Shared Facility Accommodation — See Schedule 4

PUBLIC INTEREST TEST REPORT RECOMMENDATION

For each prescribed activity, each possible anti-competitive provision reviewed is an anti-competitive
provision and should be retained in its current form in the public interest.

SCHEDULE 1 — LOCAL LAW AND SUBORDINATE LOCAL LAW IN WHICH POSSIBLE ANTI-
COMPETITIVE PROVISIONS IDENTIFIED

Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and
other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018

STATE ENTITES CONSULTED

List of state entities consulted about Administration and Other Local Laws (Amendment) Local Law
(No. 1) 2018 and Administration and other Subordinate Local Laws (Amendment) Subordinate Local
Law (No. 1) 2018 – See Schedule 5

PUBLIC INTEREST TEST PLAN

A copy of the Public Interest Test Plan signed by the CEO 27 April 2018 – See Schedule 6.




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                                                     ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 3

SCHEDULE 2 — INSTALLATION OF ADVERTISING DEVICES

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

               Conservation Interest Groups   Community/ Consumers/ Home                Existing and Potential                     Government
                                                        owners                                 Business

                    Details of Impacts               Details of Impacts                   Details of Impacts                    Details of Impacts

                                              Potential impact from non-           Potential increase of costs           Increased risk of non-compliance
    negative                                  compliance will result in a          associated with ensuring that         by business when exhibiting
                                              decrease in quality of life from     erected signs specifically comply     advertising.
    impacts                                   visual pollution it is expected to   with local government standards.      Council has no control over the
                                              have a moderate impact on the        This increase in costs is not         initial design and construction of
                                              community and a moderate             expected to be significant over       physical     advertising.      An
                                              impact on home owners residing       the life of the business. Overall     increased level of risk will be
                                              in business areas. (-3)              the impact is expected to be          borne by Council in non-
                                                                                   moderate. (- 3)                       compliance. For advertising in
                                                                                                                         the community the magnitude of
                                                                                                                         non-compliance         may     be
                                                                                                                         moderate. Overall, the impact is
                                                                                                                         moderate. (-3)


                                              Decrease in level of safety          Potential for deterioration of        Establishment costs - change in
                                              provided to community because        relationships between business        local law so that the definition of
                                              of a decrease in the quality         and local government.                 permitted advertisement includes
                                              standard of physical advertising.    Local government action against       all classifications and attending
                                              This will have a low impact on the   business for non-compliance -         criteria for approving/rejecting
                                              community      overall   and     a   business      resisting      action   applications which currently exist,
                                              moderate impact on home              because structure is already built.   and thereby includes those
                                              owners near advertising and          Though this impact is only a          advertisements      in   negative
                                              members of the public working        potential impact, it is expected to   licensing regime. These costs
                                              near signs. (-1)                     increase in importance over the       occur once and are not material
                                                                                   longer term, therefore it is          to the overall costs of local
                                                                                   considered to be a moderate           government. For this reason the
                                                                                   impact. (-3)                          impact is considered low. (-1)


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                                                                                                       ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 4

               Conservation Interest Groups   Community/ Consumers/ Home        Existing and Potential                     Government
                                                        owners                         Business

                    Details of Impacts             Details of Impacts             Details of Impacts                    Details of Impacts

                                                                           Increase in responsibility for        Reduction in application and
                                                                           business   to  comply     with        penalty fee revenue.       Fees
                                                                           standards.                            received is immaterial to the
                                                                           Business will now have the            overall revenue received by local
                                                                           responsibility for complying with     government. Local government
                                                                           the standards set in the local law,   does not rely on revenue
                                                                           whereas        previously     local   received from such fees in
                                                                           government ensured compliance         operations and is considered
                                                                           through the permit regime. The        surplus to local government
                                                                           onus of responsibility now resides    needs.     The impact will be
                                                                           with business and is therefore        moderate. (-3)
                                                                           considered to be a moderate
                                                                           impact. (-3)
                                                                           Potential    for    misuse       of
                                                                           environment.
                                                                           There is potential for business to
                                                                           abuse accepted environmental
                                                                           standards. It is expected that this
                                                                           will not occur and is considered a
                                                                           low impact. (- 1)
                                                                           Reduction in paperwork and time       Reduction       in      processing
    positive                                                               from          removal         of      applications      requires     the
                                                                           application/approval process.         restructuring of staff duties and
    impacts                                                                Business will no longer have to       time. The decrease in time spent
                                                                           pay application fees or lose time     approving applications will be
                                                                           waiting for permits to be             applied to the inspection of
                                                                           approved.                             advertising. Some job redesign
                                                                                                                 will be necessary and is therefore
                                                                           The impact is considered low. (-
                                                                                                                 a moderate impact. (-3)
                                                                           1)




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                                                                                               ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 5

DETERMINE NET COMMUNITY BENEFIT

In summary comparison of the alternatives provides the following information:

Alternative          Government            Business                Community/          Conservationists
                                                                   Consumers

Negative             Moderate              Moderate                Moderate            No Impact
licensing            Negative Impact       Negative Impact         Negative Impact
                                                                                       There are no
Current existing     The increased risk    Removal of the          The risk of non-    changes in the
local law is a       of non-compliance     restriction on          compliance will     level of
combination of       and potential for     advertising results     result in a         environmental
negative licensing   damaged               in a transfer of        decrease in         protection.
and permits. The     relationships         responsibility in       environmental
alternative is to    between parties       environmental           and public
convert the permit   far outweighs any     management to           health/safety
process to           benefit received      business and an         standards. This
become part of the   from reducing         increase in the         outweighs any
negative licensing   application           level of risk in non-   benefits to the
process.             processing            compliance. The         stakeholders in
                     requirements.         standard of             removing
                                           advertising will        restrictions on
                     A financial loss      remain, the only        advertising.
                     would result.         benefit being a
                                           monetary/time
                                           reduction in
                                           application
                                           process.


The regulatory alternative of full negative licensing regulation is not expected to result in an overall
benefit to the community. The current local law ensures that the community will not pay costs
associated with exhibiting advertising in certain places resulting in increased visual pollution and
decrease in public health and safety standards. Businesses are still able to compete effectively in the
market with the imposition of existing restrictions.

The level of restriction on competition under the current regulatory arrangement is low compared with
the impacts under the alternative arrangement. Full negative licensing is not considered a viable
alternative because of the increased risk associated with non-compliance. The current local law only
requires application and approval for the exhibition of advertisement in cases where the public health
and safety and visual pollution aspects are highest. In other cases, advertisements are governed by a
negative licensing regime.

Overall, while the provisions reviewed are clearly anti-competitive the benefits to the community of
retaining them outweigh the costs and provide the most appropriate way of achieving the objectives of
the local law.




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                                                      ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 6

SCHEDULE 3 — OPERATION OF ACCOMMODATION PARKS

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

Negative licensing
Stakeholders              Impacts                                                                                                       Weighting

Council                   Council would be impacted by having to implement a new regulatory system ie. amend local law,                 Low negative (-1)
                          educate staff, accommodation park operators and community etc.

                          Saving in administration costs through not having to process permit applications.                             Low positive (+1)

                          Loss of fees.                                                                                                 Low negative (-1)

                          Loss of flexibility and control in regulating accommodation parks ie. loss of ability to set site specific    Moderate negative (-3)
                          conditions and loss of ability to cancel or suspend a permit.                                                 Overall - Moderate
                                                                                                                                        negative
Existing accommodation    Reduction in “red tape” (no requirement to renew permit) may result in reduced operating costs.               Low positive (+1)
park operators
                          Heavier fines for non-compliance.                                                                             Low negative (-1)

                                                                                                                                        Overall - Neutral
Potential accommodation   Removal of barrier to entry for operators.                                                                    Low positive (+1)
park operators
                          Heavier fines for non-compliance.                                                                             Low negative (-1)

                                                                                                                                        Overall - Neutral
Accommodation park        Possible decrease in standards resulting from Council’s loss of discretionary power to refuse permit          Low negative (-1)
occupants                 applications to operate accommodation parks and loss of ability to set site specific conditions.

                          Lower prices if operational savings passed on.                                                                Low positive (+1)

                          Greater consumer choice and product differentiation through increased competition.                            Low positive (+1)
                                                                                                                                        Overall - Low positive




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                                                                                                             ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 7

Stakeholders                Impacts                                                                                                    Weighting

General community and       Possible decrease in amenity and increase in nuisances resulting from Council’s loss of discretionary      Low negative (-1)
residents living in close   power to refuse permit applications to operate accommodation parks and loss of ability to set site
proximity to                specific conditions.                                                                                       Overall - Low negative
accommodation parks
Qld Caravan Park            Association may be called on to play a greater role in setting standards for the operation of              Low positive (+1)
Owners Association          accommodation parks.
                                                                                                                                       Overall - Low positive




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                                                                                                            ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 8

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVE

Negative licensing

Council               Existing             Potential             Accommodation      General        Qld Caravan
                      accommodation        accommodation         park occupants     community      Park Owners
                      park operators       park operators                           and            Association
                                                                                    residents

Moderate              Neutral impact       Neutral impact        Low positive       Low            Low positive
negative impact                                                  impact             negative       impact
                      Reduction in “red    Removal of                               impact
Council would         tape” is offset by   barrier to entry is   Possible                          Association
lose the ability to   the risk of          offset by risk        decrease in        Possible       may be called
set site specific     heavier fines for    heavier fines for     standards is       decrease in    on to play a
conditions and to     non-compliance.      non-compliance.       balanced by        amenity and    greater role in
cancel permits.       However,             However,              greater consumer   increase in    setting
                      maximum fines        maximum fines         choice and lower   nuisances.     standards for
                      are rarely           are rarely            prices.                           the operation of
                      awarded by the       awarded by the                                          accommodation
                      courts, so overall   courts, so overall                                      parks.
                      impact lends         impact lends
                      towards being        towards being
                      positive.            positive.




Overall, the analysis of costs and benefits has determined there would be a net cost in moving to a
negative licensing regime. Benefits accrue to a number of stakeholder groups, viz: accommodation park
occupants and the Qld Caravan Park Owners Association. A neutral outcome has been determined for
existing and potential accommodation park operators. However, a low negative impact has been
determined for the general community and residents living in close proximity to accommodation parks
and a moderate negative impact has been assessed for the Council.




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                                                             ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 9

SCHEDULE 4 — OPERATION OF SHARED FACILITY ACCOMMODATION

POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE

Co-regulation
Stakeholder     Impact                                                                                                                      Weighting

Local           Developing new local law - consulting with stakeholders, negotiating standards for new local law.                           Low negative -1
government
                Implementing/establishing new local law - ie. amending or replacing existing local law, training staff, advising industry   Low negative -1
                etc.

                A reduction in administrative and/or enforcement requirements is likely to result from agreement between Council            Moderate positive +2
                and industry. Compliance is more likely because those affected by the local law are involved in its development -
                Council is likely to receive less complaints.
                                                                                                                                            Overall - Neutral

Existing        Better relations with Council through local law development process ie. Council will have a better understanding and        Low positive +1
operators       appreciation of problems the business sector faces.

                More appropriate standards in new local law.                                                                                Low positive +1

                                                                                                                                            Overall - Low positive

Potential       Better relations with Council through local law development process ie. Council will have a better understanding and        Low positive +1
operators       appreciation of problems the business sector faces.

                More appropriate standards in new local law.                                                                                Low positive +1

                                                                                                                                            Overall - Low positive

Residents/      Better outcomes for residents through being able to input into the development of a new local law.                          Low positive +1
tenants
                                                                                                                                            Overall - Low positive
Immediate       Better outcomes for residents through being able to input into the development of a new local law.                          Low positive +1
neighbours
                                                                                                                                            Overall - Low positive



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                                                                                                            ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 10

Stakeholder      Impact                                                                                                                Weighting

Tourist          There is potential for an increase in business as a result of agreement between stakeholders. That is, less           Low positive +1
operators        complaints/problems in the business sector, a good reputation for the business sector should result and be a boost
                 to tourism in the local government area.                                                                              Overall - Low positive

Pensioner’       Establishment of links with operators and Council.                                                                    Low positive +1
representative
bodies                                                                                                                                 Overall - Low positive

Backpackers’     Establishment of links with operators and Council.                                                                    Low positive +1
Association
                                                                                                                                       Overall - Low positive




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                                                                                                         ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 11

Negative licensing
Stakeholder      Impact                                                                                                                      Weighting

Local           Development and implementation of new regulatory regime.                                                                     Low negative -1
government
                Loss of fees to cover administrative costs.                                                                                  Low negative -1

                Reduction in administrative processes, ie. no permit applications.                                                           Low positive +1

                Possibility of lack of knowledge of when new operators enter the market.                                                     Low negative -1

                Loss of ability to set site specific conditions - may result in lowering of standards and as a result increase complaints.   Low negative -1
                Also, to change the standards, the local law will need to be amended, whereas under the permit system Council
                could simply change the conditions in a permit.
                                                                                                                                             Low positive +1
                Higher fines.
                                                                                                                                             Overall - Low negative

Existing        Reduction in operating costs ie. no permit renewal applications required and no fees.                                        Low positive +1
operators
                Increase in competition through removal of barrier to entry.                                                                 Low negative -1

                Higher fines for non-compliance.                                                                                             Low negative -1

                Standards apply to all operators equally.                                                                                    Low positive +1

                Greater onus on operators to ensure compliance with standards in local law.                                                  Low negative -1

                                                                                                                                             Overall - Low negative

Potential       Removal of barrier to entry.                                                                                                 Low positive +1
operators
                Rules are know prior to entry.                                                                                               Low positive +1

                Higher fines for non-compliance.                                                                                             Low negative -1

                Greater onus on operators to ensure compliance with standards in local law.                                                  Low negative -1

                                                                                                                                             Overall - Neutral

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                                                                                                             ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 12

Stakeholder      Impact                                                                                                                     Weighting

Residents/       Possibility of decrease in standards due to loss of Council power to assess operators prior to entering the market         Low negative -1
tenants          and loss of power to set site specific conditions.

                 Potential for improved service, lower prices and greater differentiation between service providers as a result of          Low positive +1
                 greater competition from removal of the barrier to entry to the market.
                                                                                                                                            Overall - Neutral

Immediate        Possibility of decrease in amenity due to loss of Council power to set site specific conditions.                           Low negative -1
neighbours
                                                                                                                                            Overall - Low negative

Tourist          Removal of barrier to entry should be a boost to competition in the market and impact in a positive way on tourist         Low positive +1
operators        operators.
                                                                                                                                            Overall - Low positive

Pensioners’      As Council approval is removed (ie. no permit required) the representative bodies may become the focus of any              Low negative -1
representative   complaints from residents/tenants.
bodies                                                                                                                                      Overall - Low negative

Backpackers’     As Council approval is removed (ie. no permit required) the Association may become the focus of any complaints             Low negative -1
Association      from residents/tenants.
                                                                                                                                            Overall - Low negative




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                                                                                                              ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 13

SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES

In summary, analysis of the alternatives provides the following information:

Co-regulation

Local                Existing             Potential             Residents/         Immediate           Tourist               Pensioners’          Backpackers’
government           operators            operators             tenants            neighbours          operators             representative       Association
                                                                                                                             bodies
Neutral              Low positive         Low positive          Low positive       Low positive        Low positive          Low positive         Low positive
                     impact               impact                impact             impact              impact                impact               impact
Overall the impact
is neutral. While    Overall the impact   Overall the impact    Residents may      Residents may       There is potential    Benefits may         Benefits may
there are costs      on existing          on existing           benefit from the   benefit from the    for local tourism     result from          result from
involved in          operators would      operators would       opportunity to     opportunity to      industry to gain a    involvement in       involvement in
establishing a new   be positive.         be positive.          input into         input into          benefit from better   process of           process of
system, the long     Benefits should      Benefits should       development of     development of      relations between     developing new       developing new
term benefits may    flow from the        flow from the         new local law.     new local law.      stakeholders.         local law.           local law.
outweigh these       opportunity to       opportunity to
costs.               develop a new        develop a new
                     local law in         local law in
                     consultation with    consultation with
                     other                other
                     stakeholders.        stakeholders.

Overall, the analysis of costs and benefits has determined there would be a negligible net benefit in moving to a co-regulation regime. There would be some
costs initially in developing and implementing a new local law. Long term benefits may accrue from the process of bringing stakeholders together to develop
the new local law such as, establishment of links between stakeholders and fostering better relations between stakeholders, greater compliance by operators
and reduced administration for Council.




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                                                                                                           ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 14

Negative licensing
Local              Existing               Potential            Residents/tenants      Immediate         Tourist              Pensioners’          Backpackers’
government         operators              operators                                   neighbours        operators            representative       Association
                                                                                                                             bodies
Low negative        Low negative          Neutral              Neutral                Low negative      Low positive         Low negative         Low negative
impact              impact                                                            impact            impact               impact               impact

Some benefits       A small reduction     Potential            Two scenarios are      Potential for a   Tourism industry     Potential for an     Potential for an
accrue from         in operating costs    operators benefit    possible. On one       decrease in       should benefit       increase in          increase in
reduction in        would result from     from removal of      hand standards         amenity           through greater      complaints from      complaints from
administrative      removal of fees       barrier to entry     could decline          through loss of   competition in the   residents.           residents.
burden but these    but this is offset    and knowledge of     through removal of     Council power     market.
are offset by the   by higher fines for   “rules” prior to     Council in assessing   to set site
potential for       non-compliance        entry. However,      new operators prior    specific
increased           and a greater         higher fines apply   to entering the        conditions.
complaints and      onus on operators     for non-             market and loss of
loss of fees.       to ensure             compliance and       power to set site
                    compliance.           there is a greater   specific conditions.
                                          onus on operators    On the other hand,
                                          to ensure            residents could
                                          compliance.          benefit from
                                                               increased
                                                               competition in the
                                                               market with
                                                               improved
                                                               product/service,
                                                               greater choice and
                                                               differentiation
                                                               between providers

Overall, the analysis of costs and benefits has determined there would be a net cost in moving to a negative licensing regime. While some benefits would
accrue to operators, these are offset by higher fines for non-compliance. Other stakeholder groups would be negatively impacted as a result of loss of Council
power to set site specific conditions.
Summary and conclusions
The analysis has showed that there would be a net cost to the community in moving to a negative licensing regime. This alternative is not viable and should
be set aside.
The analysis has also determined there would be only a limited benefit to the community as a whole in moving to a co-regulation regime.


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                                                                                                           ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 15

SCHEDULE 5 — List of State Entities Consulted

    Department of Aboriginal and Torres Strait Islander Partnerships
    Department of Agriculture and Fisheries
    Department of Communities, Child Safety and Disability Services
    Department of Education and Training
    Department of Energy and Water Supply
    Department of Environment and Heritage Protection
    Department of Health
    Department of Housing and Public Works
    Department of Justice and Attorney-General
    Department of Infrastructure, Local Government and Planning
    Department of National Parks, Sport and Racing
    Department of Natural Resources and Mines
    Department of Science, Information Technology and Innovation
    Department of State Development
    Department of the Premier and Cabinet
    Department of Tourism, Major Events, Small Business and the Commonwealth Games
    Public Safety Business Agency
    Queensland Rail Limited
    Queensland Treasury
    Office of the Health Ombudsman
    Queensland Fire and Emergency Services
    Office of the Inspector General Emergency Management
    Office of the Energy and Water Ombudsman Queensland
    Queensland Police Service
    Electoral Commission of Queensland




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                                                                                      ATTACHMENT 1 PIT Report - Administration LL SLL 2018

Section 16

Schedule 6 - Public Interest Test Plan




                                 PUBLIC INTEREST TEST PLAN
    ADMINISTRATION AND OTHER LOCAL LAWS (AMENDMENT) LOCAL LAW
     (NO. 1) 2018 AND ADMINISTRATION AND OTHER SUBORDINATE LOCAL
         LAWS (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2018


INTRODUCTION

As part of the National Competition Policy reforms, Council is conducting a public interest test on
possible anti-competitive provisions identified in Administration and Other Local Laws (Amendment)
Local Law (No. 1) 2018 and Administration and Other Subordinate Local Laws (Amendment)
Subordinate Local Law (No. 1) 2018. The public interest test will be conducted against the principles
and objectives set by the Competition Principles Agreement (CPA).

Under clause 5(1) of the CPA, all governments agreed to the principle that legislation should not
restrict competition unless it can be demonstrated that:

       the benefits of the restriction to the community as a whole outweigh the costs; and
       the objectives of the legislation can only be achieved by restricting competition.
In reviewing legislation that restricts competition, clause 5(9) of the CPA requires that the review
should:

       clarify the objectives of the legislation;
       identify the nature of the restriction on competition;
       analyse the likely effect of the restriction on competition and on the economy generally;
       assess and balance the costs and benefits of the restriction; and
       consider alternative means of achieving the same result including non-legislative approaches.
Without limiting the matters to be taken into account in a review Clause 1(3) of the CPA sets out
matters which should be taken into account, as follows:

       government legislation and policies relating to ecologically sustainable development;
       social welfare and equity considerations, including community service obligations;
       government legislation and policies relating to matters such as occupational health and
        safety, industrial relations and access and equity;
       economic and regional development, including employment and investment growth;
       the interests of consumers generally or of a class of consumers;
       the competitiveness of Australian businesses; and
       the efficient allocation of resources.
This public interest test plan has been prepared in accordance with guidelines issued by the
Queensland Department of Local Government and called up by regulation under the Local
Government Act 2009 to provide a basis for community consultation. The plan details activities to be
conducted during the test and identifies the depth of analysis to be carried out on the possible anti-
competitive provisions.

PURPOSE OF THE LOCAL LAW AND THE SUBORDINATE LOCAL LAW

The purpose of the proposed local law and the proposed subordinate local law identified in Schedule
1 are specified in the local law and subordinate local law copies of which are available for inspection
with this public interest test plan.

Section 17

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 2

POSSIBLE ANTI-COMPETITIVE PROVISIONS

The possible anti-competitive provisions in each of the local law and the subordinate local law
identified in schedule 1 are also identified in Schedule 1.

CURRENT ENVIRONMENT

Installation of Advertising Devices — See Schedule 2

Operation of Accommodation Parks — See Schedule 3

Operation of Shared Facility Accommodation — See Schedule 4

TYPE OF ASSESSMENT AND LEVEL OF RESOURCES REQUIRED

The assessment of the anti-competitive provisions in each of the local law and the subordinate local
law will be conducted as a minor review. The emphasis will be on qualitative analysis of alternatives
with key impacts expressed in monetary terms where data is available.

The review will be conducted in-house by a team of officers.

EXTENT OF CONSULTATION TO BE CONDUCTED

Consultation will be conducted by giving public notice of the review in the local newspaper and inviting
submissions. Public notices will also be posted on all public notice boards in the Council Chambers.
The public notice will also advise that the consultation on anti-competitive provisions is being
conducted with the public consultation for the proposed local law and subordinate local law.

Council will consult with existing commercial operators advising of the review and seeking comment.

The public interest test plan will be open to inspection at the Council’s public office and available for
purchase.

TIME-FRAME FOR CONDUCTING THE PUBLIC INTEREST TEST

Commence public interest test                       27 April 2018

Estimate of time for completing public interest     2 months including consultation period:
test

Consultation period                                 4 weeks (28 days)

Target date for presenting report to local          The Council meeting to be convened by Council 3
government                                          months after the commencement of the public
                                                    interest test.


CONTENT OF THE PUBLIC INTEREST TEST REPORT

The public interest test report will provide:

       A summary of the consultation process including a list of affected groups consulted and the
        outcomes of consultation
       A statement of alternatives which are assessed to be not viable
       A summary of the positive and negative impacts associated with the alternatives compared to
        the existing environment
       A summary of the net impacts (positive or negative) associated with the alternatives
       Recommendations

Section 18

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 3

PUBLIC INTEREST TEST PLAN APPROVAL

This decision has been delegated by Council to the Chief Executive Officer. The Local Government
Act 2009 allows this decision to be delegated by Council. Council will not delegate any decision in
respect of recommendations contained in the actual public interest test report.



Prepared by:   .......................................................................................   Date: 27 / 4 /2018.

               Brett de Chastel
               Chief Executive Officer

Section 19

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 4

    Schedule 1 Identification of Local Law and Subordinate Local Law


Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018
Local Law, sections 5 and 6 (Amendment of schedule 1 and schedule 2)


Administration and Other Subordinate Local Laws (Amendment) Subordinate Local Law
(No. 1) 2018
Subordinate Local Law, section 9 (Amendment of schedule 10)
Subordinate Local Law, section 11 (Amendment of schedule 13)
Subordinate Local Law, section 12 (Insertion of new schedule 13 – Operation of Shared Facility
Accommodation)

Section 20

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 5


    Schedule 2 Current Environment – Installation of Advertising Devices

CURRENT ENVIRONMENT

The business environment may fail to operate competitively by not including in the product/service
cost, the impact that the categories of signs identified in the proposed subordinate local law have on
public safety and on the local amenity/environment. To ensure business includes these costs, the
regulation of the prescribed activity in the subordinate local law is proposed. The objective is to
ensure the minimum standard the community has regarding safety and visual pollution is maintained.
Without the restriction, costs would be imposed on the community when essentially they should be
included as part of the original transaction between business and consumers. The costs potentially
imposed are a decrease in public safety and an increase in visual pollution.

Public safety is maintained by:

       regulating the structural integrity of advertising signs by specifying materials, dimensions,
        maintenance, positioning and construction; and

       ensuring structures do not obstruct or detract vehicular and pedestrian traffic.

Amenity standards are maintained by:

       prescribing the dimensions of the signs to ensure they bear a reasonable relationship with the
        surrounding environment and do not unreasonably obstruct existing views; and

       the advertisement is consistent, in colour, character and appearance with the environment.

The anti-competitive provision restricting the exhibition of signs is generally restrictive and impacts on
business activities.

CONFIRM IDENTIFIED PROVISIONS ARE ANTI-COMPETITIVE

The sections are confirmed as anti-competitive and no errors in analysis were made in the
identification stage.

REALISTIC REGULATORY AND NON-REGULATORY ALTERNATIVES TO THE PROPOSED
LOCAL LAW AND SUBORDINATE LOCAL LAW

The objective of regulating the prescribed activity to the extent specified in proposed subordinate local
law is to ensure an adequate standard of safety and environmental protection is maintained. The
local law and the subordinate local law achieve this using a combination of conventional and negative
licensing. Some form of government intervention is required to ensure that signs displayed meet the
standards expected by the community and in meeting these standards that the onus of cost is on
business and not the community.

The market is unable to self regulate or impose restrictions due to lack of solidarity within the market
(there is no specific industry) and no common business theme or interest to create dependence
between businesses.

By meeting the objective detailed above, the local law and the proposed subordinate local law do not
induce strongly anti-competitive conduct in the market place or confer monopoly powers on a
business. Considering the need to monitor the exhibition of signs for quality and environmental
reasons, other types of intervention which are considered realistic are:

Section 21

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 6

       Negative licensing was considered to be a viable alternative at this stage. Negative
        licensing is a system whereby participants can enter the market if they meet the standards or
        “rules” set for the particular business activity. There is no requirement to first obtain a permit
        or similar approval. There is, therefore, no barrier to entry to the market. Under a negative
        licensing regime, the local law would need to be changed to remove the requirement to hold a
        licence and prescribe a range of generic standards or “rules”. Of necessity, the standards will
        need to be output standards as opposed to specifying how to meet the output. The local law
        could retain offences and penalties for non-compliance.

        Under the pure model of negative licensing, no fees are paid and no permits are issued.
        However, the penalties for non-compliance are high and should be applied immediately.
        Some uncertainty exists as to whether large penalties can be obtained due to the inability to
        set minimum penalties in local laws (only maximum penalties can be set in local laws) and the
        tendency of judges to apply small fines, particularly for first offences.

       Community empowerment - Local government would act as facilitator rather than regulator
        of signs. No regulation would exist for exhibition of signs with the exception of signs on public
        land or in areas covered by state legislation. Information guidelines would be produced for
        businesses when producing signs, but these would not be enforced.

In assessing the viability of the realistic alternatives, Council considers community empowerment to
be non-viable. The community empowerment alternative fails to provide voluntary compliance by
business to a minimum level of environmental and public safety standards. Over time, the level of
information and interest in maintaining these standards is expected to erode. Council considers the
benefits enjoyed by ensuring some level of environmental and quality standard far outweigh the
benefits given to business under a system of voluntary compliance.

KEY STAKEHOLDERS AFFECTED BY THE CURRENT SITUATION AND BY A MOVE TO
ALTERNATIVE ARRANGEMENTS

The following stakeholders have been identified:


         Stakeholders/broad impacts                             Impact rating and rationale


Local Government

Council is impacted because of the change in its      Moderate - Only requires implementation of new
activities which would result under the new           changes to local law. But will have an impact on
regulatory arrangement.                               staff duties.


Business - Existing and Potential

Existing and potential business are impacted          Medium - The number of businesses dependent
because of changes in regulation about the            on this type of advertising is high. The affect on
exhibition of signage which is displayed for          each business is low.
business purposes.


Consumers

Consumers are impacted by display of signage          Low - Consumers are impacted by changes that
and the content of the signage displayed.             the display of signage has on price.

Section 22

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 7


         Stakeholders/broad impacts                         Impact rating and rationale


Home owners

Home owners are impacted because of the            Low - Only impacts on a small number of total
potential to decrease the monetary and aesthetic   home owners.
value of their homes.


Conservationists

Conservationists have an interest in any changes   Low - Only impacts on how environmental
to environmental protection laws.                  standards are enforced not the level of
                                                   enforcement.

Section 23

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 8


Schedule 3 Current Environment — Operation of Accommodation Parks
CURRENT ENVIRONMENT

The proposed local law and the proposed subordinate local law provide that a person must not carry
on the business of operating an accommodation park without an approval issued by Council under the
local law. The granting of an approval is subject to Council being satisfied being satisfied the
operation and management of the accommodation park will comply with the criteria laid down under
the proposed subordinate local law.

In granting an approval, Council may impose conditions relating to the conduct of the business activity
which the operator must comply with. Conditions can, for example, impose limits on the number of
persons to be accommodated on a site, require the operator to maintain buffer zones and require the
provision of adequate amenities. However, conditions imposed in an approval must be consistent
with any statutory authorisation or approval for the establishment of the accommodation park.

The approval regime established under the local law is directed at a business activity - the operation
of an accommodation park. In its conferring of a discretion as to the grant of an approval and to the
content of conditions to which an approval issued will be subject, the approval regime imposes both a
barrier to entry to a particular market and a restriction on competitive conduct within the market.
Other provisions dealing with regulating the conduct of the business are also anti-competitive, such as
the requirement to keep a register detailing activities of the operation of an accommodation park.

Council considers that some form of local government control or regulation over the “operation” of
accommodation parks is necessary to safeguard public health and safety, protect the amenity of the
local area and to minimise nuisances.

Further, it is considered that, without the local law in place business has the potential to operate
without proper regard to adequate standards of health, safety and amenity. In doing so, the resultant
costs from environmental damage, loss of amenity, public health and safety risks and loss of quality of
life through nuisances, would be born by third parties rather than being included in the transaction
between business and consumers.

CONFIRM SECTIONS ARE ANTI-COMPETITIVE

The sections are confirmed as anti-competitive and no errors in analysis were made in the
identification stage.

REGULATORY AND NON-REGULATORY ALTERNATIVES TO THE PROPOSED LOCAL LAW
AND SUBORDINATE LOCAL LAW

The objectives of the prescribed activity are achieved by using a conventional approval based system,
whereby, upon application to Council, persons are granted approvals to conduct the business of an
accommodation park subject to conditions.

Regulatory and non-regulatory alternatives to the approval system include:

       No regulation

       Self-regulation

       Co-regulation

       Public information and education programs

       Economic incentives

       Industry accreditation

Section 24

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                        Page 9

       Master licensing

       Negative licensing

       Empowering consumers

Further information on each type of alternative is provided in the Department of Local Government
guidelines on conducting public interests tests.

As stated earlier, Council believes that some form of local government regulation or control is required
to ensure that accommodation parks are properly operated and maintained. It is therefore considered
that there are no non-regulatory alternatives which are viable. Given the need to monitor operations
in accommodation parks Council considers there is only one regulatory alternative which is a realistic
option - negative licensing.

Negative licensing - Under a negative licensing regime there is no requirement to first obtain an
approval to enter the market. The presumption in this regime is that an operator is prepared to play
by the “rules” if they know what they are. No approval is required and no fees are paid. Other
characteristics of a negative licensing regime include:

       notification that an operator is in a particular line of business is “collected” during the course
        of day-to-day business, rather than prior to commencement;

       operators are charged a token fee for certification that their operations comply with standards;

       operators who wilfully fail to comply are fined heavily and immediately - the greater the
        breach, the greater the fine;

       the rules/requirements are published periodically, together with details about the availability of
        training;

       consumers are educated as well as operators;

       complaints are responded to swiftly and forcefully.

Changes Required to Local Law under a Negative Licensing System and Implications:

Under a negative licensing regime, the local law would need to be amended to remove the
requirement for operators to obtain an approval before operating an accommodation park and to set
generic conditions which would apply to the operation of all accommodation parks (in place of
individual approval conditions) in the local government area. The opportunity to set site specific
conditions would thus be removed.

As a consequence, if Council wanted subsequently to change the generic conditions, the local law
would need to be amended. Under the approval system, Council could change the conditions
imposed in an approval either with the agreement of the operator or after giving written notice. It is
considered the impact of this loss would be medium. As well as setting generic conditions, the local
law could be amended to include a requirement for operators to comply with any conditions placed on
the development application establishing the accommodation park.

The opportunity to vet approval applications and the discretionary power to reject them if Council is
not satisfied the operation of the accommodation park can comply with criteria laid down under the
subordinate local law, would be removed. However, the local law could be amended to require
written notification be given to Council when new operators and managers take over the operation or
management of an accommodation park. This would be in line with the negative licensing model.

Council could still issue compliance notices but the power to suspend or cancel an approval for failure
to comply with a compliance notice would be removed. However, heavier fines apply under a
negative licensing system to ensure compliance with the “rules”. The local law would need to be
amended to provide for heavier fines for non-compliance. Additionally, the local law could be

Section 25

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 10

amended to give Council the power to issue a “stop order” for failure to comply with a compliance
notice.

Under a negative licensing system, Council would be able to have work carried out and seek to
recover damages if an operator does not comply with a compliance notice.

Council may suffer a financial loss through the loss of approval fees under a negative licensing
regime. However, this loss may be offset by charging an annual inspection fee. This is consistent
with charging a nominal fee for certification that operations comply with the “standards” under the
negative licensing model. The heavier fines for non-compliance would be offset by much larger legal
costs in enforcing compliance with the generic local laws.

In summary, the main impacts on Council from moving to a negative licensing regime would be a loss
of ability to set site specific conditions, loss of discretionary powers as to the grant of an approval and
the expenditure of legal costs in enforcing compliance.

KEY STAKEHOLDERS AFFECTED BY CHANGES TO THE LOCAL LAW AND SUBORDINATE
LOCAL LAW

The following stakeholders and broad impacts have been identified by a move to a negative licensing
regime


          Stakeholders / broad impacts                           Impact rating and rationale


Council

Council would be impacted by having to                 Low negative - mostly a once off impact but
implement a new regulatory system ie. amend            some ongoing impacts with requirement for
local law, educate staff, accommodation park           periodic training and publication of “rules”.
operators and community etc.
                                                       Moderate negative - costs can be substantial.
Loss of flexibility and control in regulating
accommodation parks ie. loss of ability to set site
specific conditions and loss of ability to cancel or
suspend an approval.
                                                       Low positive - saving not estimated to be large
Incurring legal costs in enforcement
                                                       Low negative - loss not substantial
Saving in administration costs through not having
to process approval applications.

Loss of fees.


Existing accommodation park operators

Reduction in “red tape” (ie. no requirement to         Low positive - reduction in costs would be
renew approval) and therefore reduction in             minimal.
operating costs.
                                                       Low negative - large fines not always given by
Heavier fines for non-compliance.                      court.


Potential accommodation park operators

Removal of barrier to entry for operators.             Low positive - In practice, Council did not reject
                                                       approval applications or renewals, therefore it is

Section 26

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 11


         Stakeholders / broad impacts                             Impact rating and rationale

                                                         considered that this impact would be low.

                                                         NB: Local law now relates only to the operation
                                                         of   an   accommodation     park     and    not
                                                         establishment.

                                                         Low negative - large fines not always given by
Heavier fines for non-compliance.                        court.


Accommodation park occupants

Possible decrease in standards resulting from            Low negative - generic conditions and
Council’s loss of discretionary power to refuse          conditions of development approval will apply.
approval applications to operate accommodation
parks and loss of ability to set site specific           Low positive - any price reduction likely to be
conditions.                                              minimal.

Lower costs if operational savings passed on.            Low positive - currently market is saturated and
                                                         growth not likely to be significant.
Greater      consumer      choice   and    product
differentiation through increased competition.


General community and residents living in
close proximity to accommodation parks

Possible decrease in amenity and increase in             Low negative - generic conditions and
nuisances resulting from Council’s loss of               conditions of development approval will apply.
discretionary      power      to    refuse    approval   Council can also use its powers under its other
applications to operate accommodation parks and          local laws to address nuisance problems.
loss of ability to set site specific conditions.


Qld Accommodation Park Owners Association

Association may be called on to play a greater           Low positive – degree of impact uncertain.
role in setting standards for the operation of
accommodation parks.

Section 27

                            Public Interest Test Plan — Noosa Shire Council
   Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
   Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 12

Schedule 4 Current Environment — Operation of Shared Facility Accommodation

   CURRENT ENVIRONMENT

   The current local law and the proposed subordinate local law provide that a person must not carry on
   the prescribed activity at rental accommodation to which the local law applies unless they hold an
   approval issued by Council under the local law. Certain types of accommodation may be excluded
   from application of the local law by Council by subordinate local law.

   Council may grant an approval if satisfied the premises can be lawfully used, that they do not pose a
   health or safety risk and are consistent with any conditions prescribed in a subordinate local law and,
   after taking into account a range of other factors.

   The Council has discretion in the granting of approvals and can place conditions on approvals. For
   example, a condition could limit the number of people for whom the accommodation can be provided
   or require the regular cleaning of the premises. Additionally, a subordinate local law may prescribe
   conditions which must be or will ordinarily be applied on approvals.

   Under the enforcement provisions of the local law, Council has the power to inspect premises, issue
   compliance notices where non-compliance is found, have work carried out and seek to recover the
   costs following non-compliance with a notice. Council has the power to close premises for non-
   compliance following issue of a notice or where premises are operating without an approval. Council
   also has the power to close premises summarily if the premises pose a serious risk to health or
   safety.

   Without the local law, the proposed subordinate local law and the prescribed activity in place, the
   business of providing rental accommodation to which the local law applies could operate without
   proper regard to standards of health, safety and amenity.

   The local law and the proposed subordinate local law will have a slight affect on the size of
   businesses and their participation in the market.        It will affect the consumer price or cost of
   production/operations and will place restrictions on business behaviour and product/service quality.

   The local law and the proposed subordinate local law will have little affect on business distribution,
   ownership, structure or form.

   CONFIRM SECTIONS ARE ANTI-COMPETITIVE

   The sections are confirmed as anti-competitive and no errors in analysis were made in the
   identification stage.

   REALISTIC REGULATORY AND NON-REGULATORY ALTERNATIVES TO THE LOCAL LAW
   AND THE PROPOSED SUBORDINATE LOCAL LAW

   Regulatory and non-regulatory alternatives which may achieve the purpose of regulation of the
   prescribed activity under the local law and the proposed subordinate local law include the following:

          Regulation

          Co-regulation

          Market/industry self-regulation

          No regulation

          Public information and education programs

          Economic incentives

Section 28

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 13

       Industry accreditation

       Master licensing

       Negative licensing

       Empowering consumers

Of the above, two alternatives were chosen for further consideration. These were:

       Co-regulation

       Negative licensing

Co-regulation - The legal instruments and administrative arrangements involved with co-regulation
are much the same as with local government regulation. The difference is that the “rules” are drafted
in close consultation and cooperation with affected parties. The advantages of this approach is that a
higher level of compliance with the rules can be expected because those who are affected by the
rules have agreed to them.

Under a co-regulation regime the local law would be redrafted in consultation with the current
approval holders and other stakeholders.

Negative licensing - Under conventional licensing regimes there is usually a requirement to obtain
an approval or similar approval prior to entering the market to engage in a particular business activity.
Under a negative licensing regime there is no requirement to first obtain an approval to enter the
market. The presumption in this regime is that operators are prepared to play by the rules if they
know what the rules are. No approval is required and no fees are paid. Other characteristics of a
negative licensing regime include:

       notification that an operator is in a particular line of business is “collected” during the course
        of day-to-day business, rather than prior to commencement;

       operators are charged a token fee for certification that their operations comply with standards;

       operators who wilfully fail to comply are fined heavily and immediately;

       the rules/requirements and details about the availability of training are published periodically;

       consumers are educated as well as operators;

       complaints are responded to swiftly and forcefully.

Under a negative licensing regime the local law would be amended to remove the requirement to hold
an approval to carry on the business of the prescribed activity. The local law would specify a range of
generic standards which must be complied with in relation to the conduct of the business and set
penalties for non-compliance with the standards. A small fee would be charged for certification that
premises comply with the standards set by the local law. The local law would retain the current
enforcement framework with any necessary amendments.

Section 29

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 14

KEY STAKEHOLDERS AFFECTED BY THE CURRENT SITUATION AND BY A MOVE TO
ALTERNATIVE ARRANGEMENTS

The following stakeholders and broad impacts have been identified in respect of each alternative.

Co-regulation


         Stakeholders/broad impacts                           Impact rating and rationale


Local government

Council is impacted because of the change in its    Low negative - Only requires implementation of
activities which would result under the new         changes to local law.
regulatory arrangement.


Existing operators

Participation in developing new local law -         Low positive – Impact likely to be positive but
opportunity to influence outcome.                   degree of impact uncertain.

Implementing any necessary changes to meet          Low negative - There is likely to be some costs
new standards.                                      associated with change but degree of impact
                                                    uncertain.


Potential operators

Participation in developing new local law -         Low positive - Impact likely to be positive but
opportunity to influence outcome.                   degree of impact uncertain.


Residents/guests/tenants

Participation in developing new local law -         Low positive - Impact likely to be positive but
opportunity to influence outcome.                   degree of impact uncertain.


Immediate neighbours

Participation in developing new local law -         Low positive - Impact likely to be positive but
opportunity to influence outcome.                   degree of impact uncertain.


Tourist operators

Agreement between Council and business on           Low positive - Any increase not likely to be
local law is likely to have a positive effect on    huge.
tourism ie. increased trade.


Tenants/Pensioners’ representative bodies

Participation in developing new local law -
opportunity to influence outcome.                   Low positive - Impact likely to be positive but
                                                    degree of impact uncertain.

Section 30

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 15


          Stakeholders/broad impacts                          Impact rating and rationale


Travellers’ representative bodies

Participation in developing new local law -          Low positive - Impact likely to be positive but
opportunity to influence outcome.                    degree of impact uncertain.


Negative licensing


          Stakeholders/broad impacts                          Impact rating and rationale


Local government

Council is impacted because of the change in its     Low negative - Only requires implementation of
activities which would result under the new          changes to local law.
regulatory arrangement.


Existing operators

No approval renewal applications required.           Low positive - Cost saving would be minimal.


Potential operators

Removal of barrier to entry.                         Low positive - Rated low because, while
                                                     approvals previously required,

                                                     Council did not refuse to grant an approval
                                                     where applications were consistent with local
                                                     law. Therefore barrier to entry was nominal.


Residents/guests/tenants

Some uncertainty as to what impacts might be.        Low negative - Rated low as uncertain as to
Under this regime Council would not have the         degree of impacts.
ability to set specific conditions associated with
individual premises.

For example, Council would not be able to specify
that certain equipment be provided for tenants in
relation to premises providing accommodation for
the elderly, such as hand rails and other safety
devices unless these are written in the local law.


Immediate neighbours

As with residents/tenants stakeholder group,         Low negative - Degree of impact uncertain.
immediate neighbours may be negatively
impacted through inability of Council to set site
specific conditions but again degree of impacts
uncertain.

Section 31

                         Public Interest Test Plan — Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2018 and Administration and Other
Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 2018                       Page 16


           Stakeholders/broad impacts                         Impact rating and rationale


Tourist operators

Removal of barrier to entry should be a boost to     Low positive - Degree of impact uncertain.
competition in the market and impact in a positive
way on tourist operators.


Tenants’/Pensioners’ representative bodies

Because Council is not able to set site specific
conditions there may be increased requirement to     Low negative - Degree of impact uncertain.
represent tenants to operators and/or Council.


Travellers’ Associations

Because Council is not able to set site specific     Low negative - Degree of impact uncertain.
conditions there may be increased requirement to
represent guests to operators and/or Council.




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