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 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