2021-10-12 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 OCTOBER 2021


However, no changes to fees and charges are proposed for the remainder of the 2021/22 year and
as a result no charge will be applicable for any application submitted from commencement on 1
February 2022 through to 30 June 2022.
This approach promotes change management and proactive submission of applications by
property owners, as well as recognising the current uncertain economic conditions with the COVID-
19 pandemic.
7.    Statutory process and obligations
The proposed local law has been prepared and made available for public consultation following
Council’s Local Law Making Policy and requirements under the Local Government Act 2009.
Consultation
Consultation on Administration (Amendment) Local Law (No.1) 2021 was undertaken with State
agencies in accordance with the requirements of the Local Government Act 2009 and Council Local
Law Making Policy. Refer to section 10.1 of this report.
Consultation on Administration (Amendment) Local Law (No.1) 2021, Administration (Amendment)
Subordinate Local Law (No.1) 2021 and the Public Interest Test Plan was undertaken for an
extended period of 7 weeks.
A number of changes are recommended to the proposed local law in response to submissions.
The proposed changes are not substantial and no further public consultation is warranted.
Adoption and commencement
Contemporaneously with, but immediately after, Council’s adoption of the proposed local law, a
consolidated version of each of Noosa Shire Council Local Law No. 1 (Administration) 2015 and
Subordinate Local Law No. 1 (Administration) 2015 which incorporate, relevantly:
(a)   the amendments detailed in each of the amending local law in Attachment 3 and the
      amendment particularised in Recommendation A; and
(b)   the amendments detailed in each of the amending subordinate local law in Attachment 4 and
      the amendments particularised in Recommendation B,
should be adopted by Council.
Promptly after Council resolves to make each of the proposed local law and the proposed
subordinate local law, a notice will be placed in the government gazette, on Council’s website and
in a local newspaper. The commencement date for each of the proposed local law and the
proposed subordinate local law will be 1 February 2021. The Minister will also be notified and
provided with a certified copy of each of the proposed local law and the proposed subordinate local
law, together with consolidated versions of each of Noosa Shire Council Local Law No. 1
(Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015.
Local Government Regulation 2012 and the National Competition Policy -Public Interest Test Plan
The proposed local law contains anti-competitive provisions requiring compliance with the
procedures under section 15 of the Local Government Regulation 2012 and the National
Competition Policy. A list of likely anti-competitive provisions was compiled and a Public Interest
Test Plan was publicly notified during the consultation period.
Council is obliged to undertake a public interest test in relation to these anti-competitive provisions
during the local law making process.
The public interest test report in Attachment 7 provides the results of the public interest test. It is
informed by a detailed economic cost benefit analysis prepared by economic consultants AEC.
Council’s public interest test plan identifies regulatory and non-regulatory alternatives which may
achieve the purpose of the regulation of the prescribed activity of the operation of short stay letting
and home hosted accommodation under the proposed local law. Of the identified alternatives, only
2 alternatives were chosen for further consideration, co-regulation and negative licensing.

                                                                                      Page 21 of 185