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

                         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: