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 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