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2017-10-10 Services & Organisation Committee Agenda
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AGENDA
Services & Organisation
Committee Meeting
Tuesday, 10 October 2017
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 FREE HOLIDAY BUSES 2017-18 3
2 PROPOSED AMENDMENTS TO CURRENT LOCAL LAWS 8
3 PROPOSED LOCAL LAW 7 (WASTE MANAGEMENT) 2017 39
4 WASTE MANAGEMENT CONTRACT VARIATION - 1,100 LITRE CARDBOARD
SERVICE 60
5 DESIGNATING WASTE AND RECYCLING COLLECTION AREAS AND
APPROVED WASTE CONTAINERS 63
6 FINAL SPORT AND ACTIVE RECREATION PLAN 72
7 NOOSA LOCAL DISASTER MANAGEMENT PLAN 2018 76
REPORTS FOR NOTING BY THE COMMITTEE 82
8 UPDATE ON COUNCIL INFORMATION COMMUNICATION TECHNOLOGY (ICT)
SECURITY 82
CLOSED SESSION -
Page 2 of 84
Section 3
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 FREE HOLIDAY BUSES 2017-18
DOCUMENT INFORM AT ION
Author Project Officer, Joanna Ferris
Infrastructure Services Department
Index ECM \ Project \ Pub-Trans: PT-FHB; NHLPC
ECM \ Subject \ 45.15 Traffic and Transport
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 10 October 2017 and:
A. Agree to provide Free Holiday Buses for the Christmas (26 December 2017 to 5 January
2018) and Easter (30 March 2018 to 8 April 2018) periods including the Boreen Point –
Tewantin FlexiLink and Council Cabs services;
B. Accept TransLink’s quotation of $35,988 (excl GST) for the Christmas Free Holiday buses
for Routes 626, 627, 628, 629 and 632;
C. Accept Transit Australia Group’s (Sunbus) quotation of $35,377 (excl GST) for a shuttle
service between Peregian Beach and Noosa Heads for both the Christmas and Easter
periods;
D. Approve the installation of temporary decals on the Peregian - Noosa Heads Shuttle at an
estimated cost of $5,740 (excl GST);
E. Delegate authority to the CEO to finalise negotiations with TransLink for the provision of the
Easter Free Holiday buses for Routes 626, 627, 628, 629 and 632;
F. Approve a marketing budget of $8,440 for the Christmas and Easter Free Holiday Buses;
G. Approve a budget of $3,526 for a Sunbus passenger assistant to be located at the Hastings
Street bus interchange on 30 - 31 December 2017, 31 March 2018, and 7 April 2018;
H. Approve the use of Noosa Heads Lions Park as a car park for the Christmas (26 December
2017 to 7 January 2018) and Easter periods with the car park to be managed by the
Tewantin-Noosa Lions Club, and set the parking fee to $20 per day or part thereof; and
I. Approve the allocation of 35.5% of the Noosa Heads Lions Park car parking revenue to the
Tewantin-Noosa Lions Club with the remaining revenue to come to Council and applied
towards the regeneration of the park.
REPORT
The purpose of this report is to seek Council’s approval to:
a) Proceed with the Christmas 2017/18 and Easter 2018 Free Holiday Buses; and
b) Increase the parking fee from $10 to $20 at the Noosa Heads Lions Park as a paid car park
during the Christmas and Easter holiday periods with 35.5% of the revenue going to the
Tewantin-Noosa Lions Club.
Page 3 of 84
Section 4
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
1. Free Holiday Buses
The following five Noosa-specific TransLink services, currently operate 7 days a week, and are
recommended for inclusion in the Free Holiday Buses programme:
Route 626 – Tewantin to Sunrise Beach via Noosa Heads
Route 627 – Tewantin to Sunshine Beach via Noosa Heads
Route 628 – Noosa Parklands to Noosa Junction, via Noosa Civic
Route 629 – Tewantin to Noosa Junction via Noosa Civic
Route 632 – Noosa to Cooran via Cooroy and Pomona
Four additional TransLink services travel outside the Shire into Maroochydore, Nambour, and
Eumundi (Routes 620, 622, 630 and 631). A request to include the Noosa only component of
these services was not approved by TransLink. Refer to Section 6: Consultation.
The following additional shuttle service, provide by Transit Australia Group (Sunbus) is
recommended for use by residents between Peregian Beach and Noosa Heads:
064 (temporary shuttle) – Peregian Beach to Noosa Heads from 8am to 6pm, half hourly
In previous years, the Boreen Point - Tewantin Flexilink and Council Cabs services have been
included as part of the Free Holiday Buses programme and are recommended for inclusion in
2017/18.
2. Dates
The proposed dates for the Free Holiday Bus services are:
Tuesday, 26 December 2017 – Friday, 5 January 2018 (10 days); and
Friday, 30 March 2018 – Sunday, 8 April 2018 (10 days).
Proposed dates for the Noosa Heads Lions Park car park are:
Tuesday, 26 December 2017 – Sunday, 7 January 2018 (12 days); and
Friday, 30 March 2018 – Sunday, 8 April 2018 (10 days)
Historically, the car park has remained open for longer than the Free Holiday Buses period in
order to include an additional weekend period.
3. Marketing
Proposed marketing of the Free Holiday Buses includes:
Posters at major bus stops;
15 street banners;
Four variable message boards (Cooroy/Noosa Rd, Eumundi Noosa Rd, David Low Way,
Walter Hay Dr);
Posters in all Council facilities;
Council communication tools including website, Facebook, and messages on hold;
Liaison with external stakeholders (Tourism Noosa, accommodation providers, Shopping
Centres etc.) for inclusion on websites, emails, and newsletters;
Media launch with support from local newspapers;
Prize for online feedback survey; and
In kind marketing support from TransLink.
Page 4 of 84
Section 5
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
4. Passenger Assistant
It is proposed that one Sunbus passenger assistant be located at the Noosa Heads Bus Station
from 9.30am to 4.10pm on the following dates:
Saturday, 30 December 2017;
Saturday, 31 December 2017;
Saturday, 31 March 2018; and
Saturday, 7 April 2018.
These dates have been selected based on previous passenger data and days that are predicted
to be busiest.
The role of the passenger assistant is to:
Coordinate movement of buses/passengers to avoid overcrowding;
Offer assistance with routes, times and which side of the stop to wait at;
Encourage passengers to complete the Free Holiday Buses survey; and
Remind drivers to press buttons to record passenger data.
5. Decals
In order to make the Free Holiday buses more identifiable, in particular the Peregian-Noosa
Heads temporary shuttle bus, decals could be installed on the bus/buses.
Estimated costs per Free Holiday Buses program:
Develop artwork - approx. $500.
Print and installation x 1 bus - approx. $2,370.
Print and installation x 6 buses - approx. $12,000.
6. Noosa Heads Lions Park – car park
For many years, the Noosa Heads Lions Park has been converted into a paid car park during the
Christmas and Easter Free Holiday Buses programme. There has not been a fee increase since
its inception.
In order to discourage vehicles entering the Hastings Street precinct during the busy Christmas
and Easter holiday period it is proposed that the Noosa Heads Lions Park parking fee of $10 be
increased to $20 per day or part thereof (Bay Village parking fee is $8 per hour).
Page 5 of 84
Section 6
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
The Tewantin-Noosa Lions Club have requested a 35.5% Lions Club and 64.5% Noosa Council
arrangement (refer to Section 6. Consultation for more detail). The remaining revenue would
come to Council and some of these funds would be utilised for park regeneration.
Previous Council Consideration
Ordinary Meeting, 17 November 2016, Item 7, Page 8
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 8 November 2016 and:
A. Provide Free Holiday Buses during the periods 26 December 2016 to 4 January 2017 and
8 to 17 April 2017.
B. Accept TransLink’s quotation of $40,614 (excl GST) for the Christmas Free Holiday buses
for Routes 626, 627, 628, 629 and 632.
C. Delegate authority to the CEO to accept TransLink’s quotation for the Easter Free Holiday
buses for Routes 626, 627, 628, 629 and 632.
D. Accept Transit Australia Group’s quotation of $32,200 (excl GST) for a shuttle service
between Peregian Beach and Noosa Heads for both the Christmas and Easter holiday
periods.
E. Approve a marketing budget of $12,259 for the Christmas and Easter Free Holiday Buses.
F. Include Boreen Point–Tewantin Flexilink service and Council Cabs in the Free Holiday
Buses services.
G. Approve the use of Noosa Heads Lions Park as a car park for the period 26 December
2016 to 8 January 2017 and 8 to 17 April 2017 to be managed by the Tewantin-Noosa
Lions Club.
H. Approve 60% of the Lions Park car parking revenue be provided to the Tewantin-Noosa
Lions Club for the management of the temporary car park.
Finance & Risk
It is proposed that the Free Holiday Bus services be funded by the Sustainable Transport Levy.
The opening balance of the Sustainable Transport Levy for the 2017/18 financial year is
$2,197,567.33.
Table 1: 2017/18 Proposed Expenditure (excl GST)
Services Proposed Expenditure
Christmas 2017/18 $35,988
TransLink Services (626,627,628,629,632)
Easter 2018 $15,000
TransLink Services (626,627,628,629,632) (estimate based on 2017)
Peregian-Noosa Heads Shuttle (Xmas 2017/18) $17,759
Peregian-Noosa Heads Shuttle (Easter 2018) $17,617
Passenger Assistant (Xmas & Easter) $3,526
Marketing (Xmas and Easter) $8,440
Xmas & Easter Decals x 1 bus (Peregian – Noosa Heads shuttle) $5,740
Total $104,070
Page 6 of 84
Section 7
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Consultation
External Consultation - Community & Stakeholder
Staff have discussed the Transport Strategy with the Tewantin-Noosa Lions Club and the need to
discourage vehicles (not people) entering the Hastings Street precinct during the busy holiday
period by increasing the parking fee from $10 to $20 per vehicle. It is proposed that the
Tewantin-Noosa Lions Club continue to receive the same income as they did under the $10
arrangement ($3 per vehicle) but with a slight increase ($3.55 per vehicle) under the $20
arrangement. The Lions Club have requested this slight increase as they will have to increase
insurance costs for holding larger sums of cash and will need to invest in an electronic payment
method due to people carrying less cash.
The Tewantin-Noosa Lions Club share the income 55% / 45% with the Cooroy Camphor Laurel
group who assist with parking vehicles.
Item Amount
GST $1.82
Tewantin-Noosa Lions Club $6.45
(35.5% after GST)
Noosa Council $11.73
(64.45% after GST)
Total $20.00
Feedback from TransLink
Noosa Council staff requested free travel on route 620 (Noosa Heads – Maroochydore servicing
Castaways, Marcus Beach, Peregian Beach etc.) to those passengers boarding and alighting
within Noosa Shire only. TransLink’s response was that unfortunately TransLink’s existing
ticketing system technology is not able to be programmed to only charge a fare for a portion of a
journey.
Should Noosa Council decide to offer the free holiday bus promotion on route 620, the expected
loss of revenue for this service would need to include the entire journey and is estimated to be
$27,465. As such, the total loss of revenue to provide free travel on routes 620, 626, 627, 628,
629, 632 and 630 would be $63,454 (Sunshine Coast Council are no longer offering the Free
Holiday Bus service).
Internal Consultation
Financial Services – Confirmation of available Sustainable Transport Levy funds
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development X Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
Page 7 of 84
Section 8
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
2 PROPOSED AMENDMENTS TO CURRENT LOCAL LAWS
DOCUMENT INFORM AT ION
Author Governance Advisor, Paul Bright
Executive Services Department
Index ECM/ Subject/ Local Laws
Attachments 1. Local Law Making Process;
2. Administration and Other Local Laws (Amendment) Local Law
(No. 1) 2017;
3. Administration and Other Subordinate Local Laws (Amendment)
Subordinate Local Law (No. 1) 2017
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 October 2017 and:
A. Repeal Council’s current Local Law Making Process and adopt the updated Local Law
Making Process (as provided at Attachment 1);
B. Propose to make the proposed Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2017 (as provided at Attachment 2);
C. Propose to make the proposed Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2017 (as provided at Attachment 3);
D. Note that Council will comply with the procedures prescribed under section 15 of the Local
Government Regulation 2012 to review the possible anti-competitive provisions in the
proposed amending local laws;
E. Note that Council will consult with the public about the proposed amending local laws for at
least 21 days and comply with the requirements of the public consultation process as
outlined in the local law making process;
F. Authorise the CEO to make any minor formatting amendments to the proposed amending
local laws (if required) prior to the public consultation.
REPORT
1. Legislative authority to make and amend local laws
By virtue of s28 of the Local Government Act 2009, a local government may make and enforce
any local law that is necessary or convenient for the good rule and local government of its local
government area. However, this authority has a number of exceptions and limitations, which are
further prescribed by the Act.
Council’s current suite of local laws became effective on 1 July 2015. These local laws are based
on the model local laws as drafted by the State Government and notified by way of Government
Gazette on 25 June 2010.
Page 8 of 84
Section 9
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
The model local laws were developed to assist local governments by covering a range of matters
considered appropriate for a local government to regulate in a simple and consistent format.
2. Local law review project
Given that over two years has passed since the commencement of the current suite of local laws,
it was considered appropriate to review what was working well with current local laws and identify
whether any changes or amendments were required.
In May 2017, feedback on the current suite of local laws was obtained from operational areas
across Council. This feedback was considered and used to inform the development of the
amending local laws subject to this report.
Limited feedback has been received from the community by way of complaint or otherwise in
respect of the current suite of local laws to date. However, it is important to note that the public
will be consulted with respect to the amending local laws as outlined in this report and in
accordance with Council’s Local Law Making Process.
A summary of the internal feedback received in respect of the local law review project and the
resulting actions are outlined in the table below.
Suggested Amendments Action
Regulate by way of requiring Council approval to Not considered appropriate for inclusion in Council’s
operate an industrial type activity with the potential local laws based on legal advice obtained. Further
for negative impact on Noosa’s Stormwater. information provided under the heading ‘Regulation
of operations impacting on storm water’ below
provides an overview of a suggested alternative
solution.
Specify approval requirements for the operation of Included in the amending local laws.
‘Shared Accommodation Facilities’ (omitted
previously in error).
Prescribe further requirements relating to approval Included in the amending local laws and further
conditions on the operation of Camping Grounds streamlining of the approval process.
and Accommodation Parks.
Consider including a time limit of 24 hours post sale Included in the amending local laws.
or leasing of property for the agent remove relevant
real estate sign.
Strengthen Council’s ability to deter and enforce Included in the amending local laws.
interference with vegetation on local government
controlled areas and roads.
Improve definition of urban area within the local Included in the amending local laws.
laws.
Consider including additional pest species in Local Not considered appropriate for inclusion based on
Law 3 (Community and Environmental limited request received in respect of this area. Note
Management) 2015 e.g. running bamboo. that Council has authority to Act in respect of pest
species declared under the Biosecurity Act 2014.
Consider mandatory de-sexing of cats and dogs Not considered to be required given that Council
(other than approved breeders). has a high level of de-sexed cats and dogs and it is
considered that education tools and registration
incentives can achieve desired outcomes.
Consider further regulating of election signage on Not considered to be required given the limited
privately owned land. number of issues from recent elections and that the
controls provided in the current planning scheme
are sufficient.
Improve and expand on a number of definitions Identified minor amendments and improvements
within the laws. included in the amending local laws.
Page 9 of 84
Section 10
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
3. Regulation of Operations impacting on storm water
Council will recall that the Coordinator Environmental Health provided an update on the
investigation of stormwater pollution in the Noosaville Industrial Area to the Services and
Organisation Committee Meeting of 11 July 2017. This report recommended that amendments
be made to the Noosa Shire Council Local Law No 1 (Administration) 2015 that would result in
making the operation of ‘an industrial premises’ a ‘prescribed activity’ (thereby, requiring Council
approval to operate).
Council staff raised the abovementioned proposed amendment with King and Company Lawyers
and received advice that regulating such operations by way of a prescribing a formal approval or
registration process under a local law is not appropriate.
King and Co identified that such an amendment could arguably create a process that is
considered similar to or duplicates all or part of the process in the Planning Act 2016. This is
prohibited under the Local Government Act 2009.
It was also advised that given the State government has already devolved responsibility to
Council to manage things such as contaminates released into the local water ways to Council
under the Environmental Protection Act 2008, the proposed amendment may not pass the state
interest test when seeking feedback on the amendment by the relevant department.
Given the above, staff in consultation with King and Company, have developed an alternative
solution that is expected to bring about the intended environmental outcomes of the originally
proposed amendment by other means in a cost effective manner. This solution relies upon
operators’ willingness to be compliant with environmental requirements which was demonstrated
during the investigation of the industrial area.
A further report on this matter will be brought to a future Council meeting for consideration but
essentially the proposal is to:
1. Develop a voluntary service for relevant operators of industrial premises to obtain from
Council a regular inspection and assessment of operational compliance with the
requirements of the Environmental Protection Act 2008, at a fixed cost recovery fee
pursuant to section 262(3)(c) of the Local Government Act; and
2. Formalise a Council approved inspection program to formally review operators compliance
with the Environmental Protection Act 2008, which Council has authority to monitor and
take compliance and enforcement action.
4. Updated Local Law Making Process
The updated local law making process provided at Attachment 1 contains some minor changes
to the current version (which was adopted by Council on 28 August 2014) and aligns it to the
version recommended for use by King and Company.
5. Amending local laws
The amending local laws provided at Attachments 2 and 3 are the instruments which will enable
the amendments to be incorporated into Council’s current suite of Local Laws and Subordinate
Local Laws.
The amending local laws have been drafted in accordance with the ‘Office of the Queensland
Parliamentary Counsel Guidelines for Drafting Local Laws’ and reviewed by King and Company.
Page 10 of 84
Section 11
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
The proposed Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017
amends the relevant provisions in the following local laws:
1. Local Law No. 1 (Administration) 2015;
2. Local Law No. 2 (Animal Management) 2015; and
3. Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.
The proposed Administration and Other Subordinate Local Laws (Amendment) Subordinate
Local Law (No. 1) 2017 amends the relevant provisions in the following subordinate local laws:
1. Subordinate Local Law No. 1 (Administration) 2015;
2. Subordinate Local Law No. 2 (Animal Management) 2015; and
3. Subordinate Local Law No. 3 (Community and Environmental Management) 2015.
Once the local law making process is finalised, the amendments will be incorporated into the
current local law documents and published as consolidated versions.
6. Future Progress
Pending Council’s adoption to propose to make the proposed amending local laws, the
organisation will continue with the local law making process and report to Council at a future date
with an update on the outcomes of the prescribed public consultation process and anti-
competitive assessment.
Previous Council Consideration
Ordinary Meeting, 7 May 2015, Item 20, Page 9
That Council note the report by the Governance Advisor to the Planning & Organisation
Committee Meeting dated 28 April 2015 and:
A. Note the Anti-competitive Provisions Assessment (provided in Attachment 5 to the report),
which provides that whilst the proposed Noosa Shire Council Local Laws No 1 and No 4,
and the proposed Noosa Shire Council Subordinate Local Laws No 1 and No 4, contain
some anti-competitive provisions, the impacts of these provisions are not considered
significant to warrant further public interest assessment;
B. Repeal the current Noosa Shire Council Local Laws 2011 No 1 to No 6 (inclusive) on 30
June 2015, and make the proposed Noosa Shire Council Local Laws No 1 to No 6
(inclusive) (provided at Attachment 1 to the report) to commence operation on 1 July 2015;
C. Repeal the current Noosa Shire Council Subordinate Local Laws 2011 No 1, No 3, No 4
and No 5 on 30 June 2015, and make the proposed Noosa Shire Council Subordinate
Local Laws No 1, No 3, No 4 and No 5 (provided at Attachment 2 to the report) to
commence operation on 1 July 2015;
D. Repeal the current Noosa Shire Council Subordinate Local Laws No 2 and No 6 on 30
June 2015, and make the amended proposed Noosa Shire Council Subordinate Local
Laws No 2 and No 6 (provided at Attachment 3 to the report) to commence operation on 1
July 2015;
E. Authorise the Chief Executive Officer (CEO) to undertake the process to have L.G. 43
Peregian Beach Bathing Reserve reduced in size, (to allow dogs on the beach between
beach access 59 and beach access 67) and have the reconfigured Bathing Reserve
gazetted in accordance with the Local Government Act 2009;
F. Authorise the CEO to make any minor non substantial formatting amendments (if required)
prior to certification and commencement of the new suite of local laws;
Page 11 of 84
Section 12
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
G. Advertise the new local laws by publishing a notice in the Government Gazette and on
Noosa Council’s website, within 1 month of the Council adopting this resolution;
H. Ensure that a copy of each new local law is made available to be inspected and purchased
at the Tewantin Council Office, and can also be viewed and downloaded from Council’s
website; and
I Within 14 days after the abovementioned notice is published in the gazette, provide the
Minister with a copy of the notice and a copy of each local law and subordinate law in
electronic format.
Finance & Risk
It is considered prudent to ensure that Council’s local laws remain current and effective in order
to achieve the strategic compliance and enforcement objectives of Council. Ensuring that Council
has a practical and relevant local law system in place further protects the Noosa Community.
Consultation
External Consultation - Community & Stakeholder
In accordance with the Local Law Making Process, the public will be consulted and invited to
make written submissions supporting or objecting to the proposed amendments. Relevant state
government entities including the Department of Infrastructure, Local Government and Planning
will also be consulted.
Internal Consultation
The development of the proposed amending local laws has involved internal consultation with a
number of operational areas across Council and the project group, which includes Council’s
Local Law Coordinator, Waste and Environmental Health Manager, Waste and Environmental
Health Coordinator, Director Community Services and Governance Advisor.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
X Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 12 of 84
Section 13
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
ATTACHMENT 1
Page 13 of 84
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
ATTACHMENT 1
| @ NOOSA Council Policy
mm Meee Local Law Making Process
Corporate Plan Reference: Excellence as a Council
Endorsed by Council: <Insert Date of Ordinary Meeting >
Policy Author: Director Community Services
Introduction
In accordance with the Local Government Act 2009, this document sets out the procedure Noosa
Council will use when making local laws. In particular when making:
a) Model Local Laws;
b) Other Local Laws; and or
c) | Subordinate Local Laws.
Relevant Sections of the Local Government Act 2009
Division 2 Making, recording and reviewing local laws
$28 Power to make a local law
(1) A local government may make and enforce any local law that is necessary or convenient for
the good rule and local government of its local government area.
(2) However, a local government must not make a local law—
a) that sets a penalty of more than 850 penalty units for each conviction of failing to
comply
b) with a local law, including each conviction when there is more than 1 conviction for a
continuing offence or repeat offence; or
c) — that purports to stop a local law being amended or repealed in the future; or about a
subject that is prohibited under division 3.
$29 Local law making process
(1) A local government may decide its own process for making a local law to the extent that the
process is not inconsistent with this part.
(2) Alocal government makes a local law by passing a resolution to make the local law.
(3) If a local government proposes to make a local law about a matter (the new local law) and
there is an existing local law about the same matter that would be inconsistent with the new
local law, the local government must amend or repeal the existing local law so that there is
no inconsistency.
Note— The new local law may include the amendment or repeal of the inconsistent law in
the same instrument.
(4) | An interim local law must include a provision stating when the law expires.
(5) A local government must ensure its local laws are drafted in compliance with the guidelines
issued by the Parliamentary Counsel under the Legislative Standards Act 1992, section 9 for
local laws and subordinate local laws.
(6) To remove any doubt, it is declared that a local government does not have to carry out any
public consultation before making either of the following—
a) — aninterim local law;
b) a local law that only incorporates a model local law and does not contain an
anticompetitive provision.
Page 13 of 84Section 14
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Page 14 of 84
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
COUNCIL POLICY -LOCAL LAW MAKING PROCESS
How this procedure is to be used
The process identified in this document is to be used whenever the council decides to make a new
local law (including a local law that amends an existing local law) unless the procedure is amended
or replaced by a future council resolution.
Council can at any time make a resolution pursuant to section 29(1) of the Local Government Act
2009 and decide on a different process for making a local law, provided the process complies with
Chapter 1, Part 3 of the Act.
Part A - Introduction
For the purposes of section 29(1) of the Local Government Act 2009, the local government’s
process for making each local law of the local government is the process detailed below.
The process—
(a) applies to the making of—
(i) | each local law that incorporates a model local law; and
(ii) | each local law that is a subordinate local law; and
(ili) each other local law; but
(b) does not apply to a local law that is an interim local law.
Part B - Making a local law that incorporates a model local law
The process (model local law making process) stated in this Part B must be used to make a local
law that incorporates a model local law into the local laws of the local government.
Step 1— By resolution, propose to incorporate the model local law.
Step 2 — If the model local law contains an anti-competitive provision, comply with the
procedures prescribed under a regulation for the review of anti-competitive
provisions.
Step 3 If there is an existing local law about a matter in the model local law that would be
inconsistent with the matter in the model local law—amend or repeal the existing
local law so that there is no inconsistency.
Step 4 — By resolution, incorporate the model local law.
Step 5 — Let the public know that the local law has been made, by publishing notice of the
making of the local law in accordance with the requirements of section 29B(1) to (4)
inclusive of the Local Government Act 2009.
Step 6 — As soon as practicable after the notice is published in the gazette, ensure that a
copy of the local law may be inspected and purchased at the local government’s
public office.
Step 7 — Within 14 days after the notice is published in the gazette, give the Minister—
(a) acopy of the notice; and
(b) acopy of the local law in electronic form; and
(c) _ if the local law contains 1 or more anti-competitive provisions—
(i) | advice of each anti-competitive provision; and
(ii) | the reasons for their inclusion.
Step 8 — Update the local government's register of its local laws.
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Part C - Making an “other” local law
The process (other local law making process) stated in this Part C must be used to make a local
law (a proposed local law) other than—
(a) amodel local law; or
(b) an interim local law; or
(c) asubordinate local law.
Step 1 — By resolution, propose to make the proposed local law.
Step 2— Consult with relevant government entitles about the overall State interest in the
proposed local law.
Step 3 — Consult with the public about the proposed local law for at least 21 days (the
consultation period) by—
(a) publishing a notice (a consultation notice) about the proposed local law at
least once in a newspaper circulating generally in the local government's
area; and
(b) displaying the consultation notice in a conspicuous place at the local
government's public office from the first day of the consultation period until
the end of the last day of the consultation period; and
(c) making a copy of the proposed local law available for inspection at the local
government's public office during the consultation period; and
(d) making copies of the proposed local law available for purchase at the local
government's public office during the consultation period.
The consultation notice must state the following—
(a) the name of the proposed local law; and
(b) the purpose and general effect of the proposed local law; and
(c) the length of the consultation period and the first and last days of the period;
and
(d) that written submissions by any person supporting or objecting to the
proposed local law may be made and given to the local government on or
before the last day of the consultation period stating—
(i) | the grounds of the submission; and
(ii) | the facts and circumstances relied on in support of the grounds.
If the local government decides, by resolution, that the proposed local law only
amends an existing local law to make an insubstantial change, the local
government may proceed to step 6 without satisfying step 3 or step 5.
Step 4 — If the proposed local law contains an anti-competitive provision, comply with the
procedures prescribed under a regulation for the review of anti-competitive
provisions. For avoidance of doubt, step 3, and this step 4, may be undertaken
contemporaneously.
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Step 5 — Accept and consider every submission properly made to the local government.
A submission is properly made to the local government if it —
(a) is the written submission of any person about the proposed local law; and
(b) states—
(i) | the grounds of the submission; and
(ii) | the facts and circumstances relied on in support of the grounds; and
(c) is given to the local government on or before the last day of the consultation
period.
Step 6 By resolution, decide whether to—
(a) proceed with the making of the proposed local law as advertised; or
(b) proceed with the making of the proposed local law with amendments; or
(c) make the proposed local law as advertised; or
(d) make the proposed local law with amendments; or
(e) not proceed with the making of the proposed local law.
If the local government resolves to proceed with the making of the proposed local
law with amendments, and the amendments are substantial, the local government
may again —
(a) consult with the public at step 3; and
(b) accept and consider every submission properly made to the local
government at step 5.
For the avoidance of doubt, if an amendment changes an anti-competitive
provision, the local government must again comply with the procedures prescribed
under a regulation for the review of anti-competitive provisions for the amended
anti-competitive provision.
Step 7 — Let the public know that the local law has been made, by publishing notice of the
making of the local law in accordance with the requirements of section 29B(1) to
(4) inclusive of the Local Government Act 2009.
Step 8 — As soon as practicable after the notice is published in the gazette, ensure that a
copy of the local law may be inspected and purchased at the local government's
public office.
Step 9 — Within 14 days after the notice is published in the gazette, give the Minister—
(a) acopy of the notice; and
(b) acopy of the local law in electronic form; and
(c) _ if the local law contains 1 or more anti-competitive provisions—
(i) | advice of each anti-competitive provision; and
(ii) | the reasons for their inclusion.
Step 10— Update the local government’s register of its local laws.
Part D—Making a subordinate local law
The process (subordinate local law making process) stated in this Part D must be used to make a
subordinate local law (a proposed subordinate local law).
The local government may start the process for making a subordinate local law even though the
process for making the local law (including a model local law) on which the subordinate local law is
to be based (the proposed authorising law) has not finished.
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The local government may use steps 1 to 5 of the subordinate local law making process (other
than actually making the subordinate local law) before the proposed authorising law is made if—
(a) in making the proposed authorising law, the local government has to satisfy—
(i) | the model local law making process; or
(ii) | the other local law making process; and
(b) if the proposed authorising law is made under the other local law making process— the
notice about the subordinate local law under step 2 of the subordinate local law making
process is published no earlier than the notice about the proposed authorising law under step
3 of the other local law making process is published.
For the avoidance of doubt, a subordinate local law made by the local government using the
process detailed in this Part D may provide for the local government to, from time to time, by
resolution, reference or incorporate information.
For example, under the Local Government Regulation 2012, the competition policy guidelines for
the identification of anti-competitive provisions are a document made by the department and
available for inspection on the department's website.
Step 1— By resolution, propose to make the proposed subordinate local law.
Step 2— Consult with the public about the proposed subordinate local law for at least 21
days (the consultation period) by—
(a) publishing a notice (also a consultation notice) about the proposed
subordinate local law at least once in a newspaper circulating generally in the
local government’s area; and
(b) displaying the consultation notice in a conspicuous place in the local
government's public office from the first day of the consultation period until
the end of the last day of the consultation period; and
(c) making a copy of the proposed subordinate local law available for inspection
at the local government's public office during the consultation period; and
(d) making copies of the proposed subordinate local law available for purchase
at the local government's public office during the consultation period.
The consultation notice must state the following—
(a) the name of the proposed subordinate local law; and
(b) the name of—
(i) | the local law allowing the proposed subordinate local law to be made;
or
(ii) if the local government has started the process for making a
subordinate local law even though the process for making the proposed
authorising law on which the subordinate local law is to be based has
not finished — the proposed authorising law; and
(c) the purpose and general effect of the proposed subordinate local law; and
(d) the length of the consultation period and the first and last days of the period;
and
(e) that written submissions by any person supporting or objecting to the
proposed subordinate local law may be made and given to the local
government on or before the last day of the consultation period stating—
(i) | the grounds of the submission; and
(ii) | the facts and circumstances relied on in support of the grounds.
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If the local government decides, by resolution, that the proposed subordinate local
law only amends an existing subordinate local law to make an insubstantial change,
and the amendment does not affect an anti-competitive provision, the local
government may proceed to step 5 without satisfying any of step 2 to step 4
inclusive.
Step 3 — If the proposed subordinate local law contains an anti-competitive provision, comply
with the procedures prescribed under a regulation for the review of anti-competitive
provisions. For avoidance of doubt, step 2, and this step 3, may be undertaken
contemporaneously.
Step 4 — Accept and consider every submission properly made to the local government.
A submission is properly made to the local government if it—
(a) is the written submission of any person about the proposed subordinate local
law; and
(b) states—
(i) | the grounds of the submission; and
(ii) | the facts and circumstances relied on in support of the grounds; and
(c) is given to the local government on or before the last day of the consultation
period.
Step 5 — By resolution, decide whether to—
(a) proceed with the making of the proposed subordinate local law as advertised;
or
(b) proceed with the making of the proposed subordinate local law with
amendments; or
(c) make the proposed subordinate local law as advertised; or
(d) make the proposed subordinate local law with amendments; or
(e) not proceed with the making of the proposed subordinate local law.
If the local government resolves to proceed with the making of the proposed
subordinate local law with amendments, and the amendments are substantial, the
local government may again —
(a) consult with the public at step 2; and
(b) accept and consider every submission properly made to the _ local
government at step 4.
For the avoidance of doubt, if an amendment changes an anti-competitive
provision, the local government must again comply with the procedures prescribed
under a regulation for the review of anti-competitive provisions for the amended
anti-competitive provision.
Step 6 — Let the public know that the subordinate local law has been made, by publishing
notice of the making of the subordinate local law in accordance with the
requirements of section 29B(1) to (4) inclusive of the Local Government Act 2009.
Step 7 — As soon as practicable after the notice is published in the gazette, ensure that a
copy of the subordinate local law may be inspected and purchased at the local
government's public office.
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Step 8 — Within 14 days after the notice is published in the gazette, give the Minister—
(a) acopy of the notice; and
(b) acopy of the subordinate local law in electronic form; and
(c) if the subordinate local law contains 1 or more anti-competitive provisions—
(i) | advice of each anti-competitive provision; and
(ii) | the reasons for their inclusion.
Step 9 — Update the local government's register of its local laws.
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ATTACHMENT 2
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ATTACHMENT 2
i em ce | a ie ag a
ae i : “ fat fe Rs ee = aed —
a ns | ah OF et ; E
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ee > i | 4 e
Noosa Shire Council
Administration and Other Local Laws
(Amendment) Local Law (No. 1) 2017
ss Lite KL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au
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Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 2
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2017
Contents
Part 1 PLeliMIMALY .......0.cccccceeeeeerseeeeeeeneeeesseseeeeenecesseseeseenecesseeseeeeneceeateeeeeeeeeensO
Part 2 Amendment of Noosa Shire Council Local Law No. 1
(AGMINISTFATION) 2015.0... ceeeeeeeceesseeeeesseeeeesstereneeseceneneeeeneneeeeaeeeeees@
3 Local law amended «2... eon ence cence eee ence teen eeen cece eeeeeeceeeeecneseeeeeeees D
4 Amendment of s38 (Subordinate local laws) -....--.....-2.. eee een D
5 Amendment of sch 1 (Dictionary) ....-....--.. ooo... ence eee ee eee ee eee enter D
6 Amendment of sch 2 (Prescribed activities) 2.22... eee eee ee eeeeee eee 4
Part 3 Amendment of Noosa Shire Council Local Law No 2 (Animal
ManageMent) 2015 «0.0... .eccccecesecesseseeeeneeeesseseeeeeneeesseeeeeteneeessesesenseeeenel
7 Local law amended .0o.. ence cece eee eee ence eee eeen cece eeeeeeceeeeneeseeeeeeee #
8 Amendment of sch (Dictionary) -..... 2... nen nnn ce nee ee eeeeeeeeeeeeee
Part4 Amendment of Noosa Shire Council Local Law No 4 (Local
Government Controlled Areas, Facilities and Roads) 2015.............5
93 Local law amended . 20... teen ee ee eeeeen ecco eeeeeeeereeeeeeereeeeeee D
10 = Insertion of new pt3A — Protection of vegetation —..-. eee
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Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 3
Noosa Shire Council
Administration and Other Local Laws (Amendment) Local
Law (No. 1) 2017
Part 1 Preliminary
1 Short title
This local law may be cited as Noosa Shire Council Administration and Other
Local Laws (Amendment) Local Law (No. 1) 2017.
2 Purpose
The purpose of this local law is to amend each of —
(a) Noosa Shire Council Local Law No 1 (Administration) 2015; and
(b) Noosa Shire Council Local Law No. 2 (Animal Management) 2015; and
(c) Noosa Shire Council Local Law No. 4 (Local Government Controlled
Areas, Facilities and Roads) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3 Local law amended
This part amends Noosa Shire Council Local Law No. 1 (Administration) 2015.
4 Amendment of s38 (Subordinate local laws)
Section 38(1), ‘caravan parks’ —
omit, insert—
‘accommodation parks’.
5 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition caravan—
omit, insert—
‘caravan see Residential Tenancies and Rooming Accommodation Act 2008,
section 7.’.
(2) Schedule 1, definition complementary accommodation, paragraph (b), ‘caravan
parks’ —
omit, insert—
‘an accommodation park’.
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Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 4
(3) Schedule 1—
insert—
‘accommodation park includes—
(a) aplace for parking and residing in caravans; and
(b) acamping ground; and
(c) aplace that provides for complementary accommodation. ’.
6 Amendment of sch 2 (Prescribed activities)
(1) Schedule 2, part 1, ‘operation of camping grounds’ —
omit.
(2) Schedule 2, part 1, ‘operation of cane railways’ —
omit.
(3) Schedule 2, part 1 ‘caravan’ —
omit, insert—
‘accommodation’.
(4) Schedule 2, part2, prescribed activity, establishment or occupation of a
temporary home, ‘a camping ground or caravan park’ —
omit, insert—
‘an accommodation park’.
(5) Schedule 2, part 2, prescribed activity, operation of camping grounds—
omit.
(6) Schedule 2, part 2, prescribed activity, operation of cane railways—
omit.
(7) Schedule 2, part 2, prescribed activity, operation of caravan parks—
omit, insert
‘operation of accommodation parks means to operate, on a commercial basis, an
accommodation park’.
Part 3 Amendment of Noosa Shire Council Local
Law No 2 (Animal Management) 2015
7 Local law amended
This part amends Noosa Shire Council Local Law No 2. (Animal
Management) 2015.
8 Amendment of sch (Dictionary)
Schedule, definition State planning instrument, ‘Sustainable Planning Act 2009,
schedule 3” —
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Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 5
omit, insert —
‘Planning Act 2016, schedule 2.’.
Part 4 Amendment of Noosa Shire Council Local
Law No 4 (Local Government Controlled
Areas, Facilities and Roads) 2015
9 Local law amended
This part amends Noosa Shire Council Local Law No. 4 (Local Government
Controlled Areas, Facilities and Roads) 2015.
10 Insertion of new pt3A — Protection of vegetation
After part 3—
insert—
‘Part 3A Protection of vegetation
10A Protection of vegetation on local government controlled areas and
roads
(1) A person must not, without lawful excuse, interfere with vegetation on a local
government controlled area or road.
Maximum penalty for subsection (1) — 850 penalty units.
(2) However, subsection (1) does not apply if the person is—
(a) an employee of the local government acting in the course of the employee’s
duties; or
(b) authorised by the local government to interfere with the vegetation.
Example for paragraph (a)
A local government employee engaged in pruning or trimming trees or removing dead or damaged
vegetation from a local government controlled area or a road.
Example for paragraph (b)
A member of a community group who is authorised by the local government to undertake weed
clearing in a local government controlled area.
(3) Ifa person is convicted of an offence against subsection (1), the court in which the
conviction is made shall have jurisdiction to make an order, in addition to the
imposition of a punishment for the conviction, requiring the person to pay to the
local government —
(a) an amount to compensate the community for the value of the vegetation
interfered with as if the value of the vegetation was a debt; and
(b) the amount of any cost or expense incurred, or to be incurred, by the local
government in rectifying the damage caused by the person’s interference
with the vegetation.
Example for paragraph (b) — the local government may incur costs and expenses in rectifying
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Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 6
damage caused by a person’s interference with vegetation, including —
e Revegetating the area at which the interference with the vegetation occurred to the same
state as before the vegetation was interfered with.
e Installing a screen to protect vegetation planted by the local government to replace
vegetation interfered with by the person.
(4) Subsection (3) does not limit the court’s powers under the Penalties and
Sentences Act 1992 or another law.
(5) In this section, interfere, with vegetation, means to engage in any activity
damaging or leading to the death, disfigurement or mutilation of the vegetation,
and includes any of the following —
(a) the poisoning (including by contamination) of the vegetation;
(b) the spilling of oil, petroleum, paint, cement, mortar or other deleterious
substances onto the root zone of the vegetation;
(c) the cutting or tearing of branches or roots of the vegetation other than in the
course of pruning permitted under this local law;
(d) the ringbarking of the vegetation;
(e) the scar barking of the vegetation;
(f) the fixing of any object into living tissue, or surrounding bark, of the
vegetation;
(g) the damaging of the root zone of the vegetation by compaction, excavation
or filling;
(h) the uprooting or displacing of the vegetation;
(i) the effecting of any hydrological scheme which causes the drainage or
flooding of the vegetation;
(j) the burning, scorching, singeing, or damaging, by radiant heat, of the
vegetation...
This and the preceding 5 pages bearing my initials is a certified copy of Noosa Shire Council
Administration and Other Local Laws (Amendment) Local Law (No. 1) 2017 made in
accordance with the provisions of the Local Government Act 2009 by Noosa Shire Council by
resolution dated the day of 2017.
Chief Executive Officer
654391 1
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ATTACHMENT 3
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; ATTACHMENT 3
ge See et en
poe ANIC OM et. ee ,
eo Z ee
Noosa Shire Council
Administration and Other Subordinate
Local Laws (Amendment) Subordinate
Local Law (No. 1) 2017
ss Lite KL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au
Page 26 of 84Section 27
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Administration and Other Subordmate Local Laws (Amendment) Subordinate Local Low (No.1) 2017 = 2
Contents
Part 1 PPO LiIMIMALY ........00cccccccecercsecseeeeeeeeeeeeneenesensenseeseesneenenecseneeseeeeeeeemesseens of
1. Slwort title nnn ce rece
ee
Pe re
Part 2 Amendment of Subordinate Local Law No. 1 (Administration)
POTD oe ceccecencencnenseeeeeeeceneenseeseeseeeeeeesensensansceseeseesntenssesseneneeeseemesseees
4. Subordinate local law amended ___.-- een
45. Amendment of 58 (Prescribed complementary accommodation — Authonsing
bocal law, schedule 1) eee nee eee
6. Amendment of sch 2 (Categones of prescribed activities for the purposes of
De | ee.
7. Amendment of sch4 (Prescribed complementary accommeadation) ............... 4
8 Amendment of sch 10 (Installation of advertising devices)...
8 Omission of sch 12 (Operation of camping grounds) ......-..-.-..----------. 4
10. Amendment of sch 13 (Operation of accommodation parks) ...........-..-..-..-. 4
11. Inserton of new sch 13 —Operation of shared facility accommodation _......... 8
12. Amendment of sch 19 (Undertaking regulated activities on local goverment
controlled areas amd roads) annette TE
Part 3 Amendment of Subordinate Local Law WNo. ? (Animal
Management) 2015 ou. scsscssssenesseessscrssseseeseeseceectsereeseoeerensesessene De
13. Subordinate local law amended eee VE
14. Amendment of 54 (Definitions)... nee 1
Part 4 Amendment of Subordinate Local Law No. 3 (Community and
Environmental Management) 2015... ssseseessensesecseneeseneneneee Da
15. Subordinate local law amended ___._. anne TE
16. Amendment of s4 (Definitions)... een eeeeeeeeeeeeeeee 1
17. Amendment of sch 3 (Prohibited fires)... eee TS
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Administration and Other Subordinate Local Laws (Amendment) Subordinate Local Law (No. 1) 20173
Noosa Shire Council
Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2017
Part 1 Preliminary
1. Short title
This subordinate local law may be cited as Administration and Other Subordinate
Local Laws (Amendment) Subordinate Local Law (No. 1) 2017.
2. Purpose
The purpose of this subordinate local law is to amend each of—
(a) Subordinate Local Law No 1(Administration) 2015;,and
(b) Subordinate Local Law No. 2 (Animal Management) 2015; and
(c) Subordinate Local Law No» 3 (Community and» Environmental
Management) 2015.
3. Authorising local law
The making of the provisions of this subordinate local law is authorised by local
laws as follows—
(a) Noosa Shire Council Local Law No.1 (Administration) 2015 authorises the
making, of part 2;
(b)»»Noosa Shire’ Council, Local Law No.2 (Animal Management) 2015
authorises the making of part 3;
(c) Noosa Shire Council Local Law No. 3 (Community and Environmental
Management) 2015 authorises the making of part 4.
Part 2 Amendment of Subordinate Local Law No. 1
(Administration) 2015
4. Subordinate local law amended
This part amends Subordinate Local Law No. 1 (Administration) 2015.
5. Amendment of s8 (Prescribed complementary accommodation —
Authorising local law, schedule 1)
Section 8, ‘caravan’ —
omit, insert—
‘accommodation’.
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6. Amendment of sch 2 (Categories of prescribed activities for the purposes
of maximum penalties)
(1) Schedule 2, part 2, subsection (2)—
omit.
(2) Schedule 2, part 2, subsections (3) to (6)—
renumber as subsections (2) to (5).
7. Amendment of sch4 (Prescribed complementary accommodation)
Schedule 4, ‘caravan’ —
omit, insert-
‘accommodation’.
8. Amendment of sch 10 (Installation of advertising devices)
(1) Schedule 10, section 2(2)(d)(iv), *’—
omit, insert—
“; and’.
(2) Schedule 10, after section 2(2)(d)(iv)—
insert —
‘(v)all signs thatrelate to the sale/lease of aproperty including sold signs must be
removed by the end of day om,the day after the sale settlement or the signing of
lease has occurred.”,
9. Omission of sch 12,(Operation of camping grounds)
Schedule 12—
omit.
10. Amendment of sch 13 (Operation of accommodation parks)
(1) Schedule 13, section 2, ‘Nil’—
omit , ins ert
‘Approval is not required under the authorising local law for the operation of a
self-contained RV park on land if—
(a) the self-contained RV park provides for 5 or less spaces and no other short
term accommodation is provided on the land; and
(b) the operator of the self-contained RV park complies with the following—
(i) — section 6(1)(vi) and (m)(i) and (iii) of this schedule; and
(ii) if no water is provided at the self-contained RV park, and no liquid or
solid waste may be left or disposed of onsite at the self-contained RV
park—the placing of self-contained RVs at the self-contained RV park
is limited to a maximum of 4 consecutive nights; and
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(iii) the land used for the operation of the self-contained RV park must—
(A) be zoned rural; and
(B) have an area greater than 10 hectares; and
(iv) vehicles (including self-contained RVs) must be able to safely enter
and exit the self-contained RV park.’.
(2) Schedule 13, section 3(c)(viii), after “park’—
insert
‘(including each site proposed to be used to accommodate self-contained RV
overnight parking)’.
(3) Schedule 13, section 4, ‘his section has been intentionally left blank’ —
omit, insert—
‘The following criteria may be considered when granting an approval—
(a) whether the accommodation park can be operated in a way which will not
cause any nuisance, inconvenience or annoyance to the occupiers of
adjoining land; and
(b) whether all facilities in the accommodation park are at an acceptable
standard or can bebought to an acceptable standard. ’.
(4) Schedule 13, section 6(1) to (3)—
omit, insert—
‘(1) The conditions that will ordinarily be imposed, on an approval are the
following—
(a) each site must be large enough to allow a 1.8 m separation distance
between sites, or if a device is used to secure a tent, between the device
and the adjacent tent or device used to secure it; and
(b) every site shall have a well-drained surface and where concrete pads are
provided they, should be designed and built in accordance with the
current Australian Standard; and
(c) unless permanent on site accommodation is fitted with a sanitary
convenience, and shower or bath and hand wash basin as a minimum
standard, provide for the exclusive use of the occupants separate
sanitary conveniences and ablution facilities for each sex in accordance
with the table below; and
Table A (NB: facilities must be located at least 6m, but no more than
100m from the site)
No. of | No. of water | No. of water | Length of
sites closets and pans_ | closets and _ | urinals for
for females pans for males males
Up to 40 1 for every 7 sites | 1 for every 10 | 0.6m for every
of part thereof sites or part | 20 sites or part
thereof thereof
Over 40 6 plus an | 4 plus an | 0.6m for every
additional 1 for | additional 1 for | 20 sites or part
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every 15 sites or | every 15 sites or | thereof
part thereof in | part thereof in
excess of 40 sites | excess of 40
sites
No. of | No. of shower | No. of shower
sites cubicles or bath | cubicles or bath
facilities and _ | facilities and
hand wash | hand wash
basins for | basins for
females males
Up to 40 1 for every 10 | 1 for every 10
sites or part | sites or part
thereof thereof
Over 40 1 for every 10 | 1 for every 10
sites or. part | sites or \ part
thereof thereof
(d) in any case, provide -
(i) for each.40 sites, or part thereof, at least 1 such closet fixture
and 1 shower-facility with a compartment or cubicle that is
constructed, equipped and provided with access in accordance
with AS1428, Code of Practice for Design Rules for Access by
the disabled; and
(it) where.unisex toilets are permittedby the local government, the
total number of toilets are not reduced below the combined
threshold for males and females in Table A.
(e) »,ensure all sanitary conveniences are constructed to ensure privacy to the
satisfaction of an authorized person; and
(f) excluding on site permanent accommodation which is fitted with
ablutionary facilities, provide for the exclusive use of the occupants
separate ablutionary facilitics as per Table A above; and
(g) \ ensure a shower or bath facilities are installed—
(iii) with separate drainage points for the discharge of water into
either an approved sewer or septic tank or treatment device; and
(iv) in a separate compartment or cubicle which is constructed to
ensure privacy to the satisfaction of an authorized person; and
(h) provide for exclusive use of the occupants, laundry facilities in the ratio
of 1 laundry tub and 1 clothes washing machine and 1 clothes hoist, or
an equivalent length of clothes line, for every 20 sites or part thereof;
and
(i) provide connection to either an approved sewer or septic tank or
treatment device in conformity with the requirements of the local
government for the carrying off and disposal of all wastes from every
water closet fixture, urinal, ablutionary facility, laundry facility and
site; and
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(j) provide, at a distance not more than 10m from any site, a waste water
disposal point which is—
(i) provided with a water stand pipe; and
(ii) provided with an impervious paved area measuring not less than
Im x Im and graded to a central drainage inlet which is
connected to sewage or a drainage system; and
(k) the operation of the accommodation park must—
(i) not attract fly breeding or vermin infestation; and
(ii) be kept free of pests and conditions offering harbourage for
pests; and
(1) the approval holder must—
(i) | provide an adequate and continuous supply of hot and cold water
to all toilet, bathroom, kitchen, laundry and drinking water
facilities that form part of the operation.of the accommodation
park; and
(ii) maintain a potable water supply for drinking and cooking
purposes; and
(iii) ensurehat any water supply outlet for non-potable water is
prominently and permanently labelled with the words “Not fit
for human consumption”; and
(iv) ensure that electricity is provided as part of the operations; and
(v) notallow a person to camp orsleep in a part of the
accommodation park that is not nominated as a site in the plan
approved by the local government; and
(vi) ensure thatthe undertaking of the prescribed activity does not
adversely impacton any nearby property; and
(vii), ensure that the maximum number of persons accommodated at
the accommodation park does not exceed the limit specified on
the,development approval for the accommodation park; and
(viii) ensure that the accommodation park is serviced by an approved
refuse removal service; and
(m) the,accommodation park must be maintained to provide a safe and
habitable environment for all residents of the accommodation park,
including—
(i) all buildings, structures, facilities, fixtures, fittings, equipment
and furniture being maintained in good working order, and in a
clean, tidy, sanitary and hygienic condition; and
(11) the grounds being maintained at all times; and
(ii1) the operator keeping a register, available for inspection at any
time by an authorised person, containing—
(A) the name and address of each person who hires a site;
and
(B) an identifying number for the site; and
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(C) ifavehicle is brought onto the site—the registration
number of the vehicle; and
(D) the dates when the hiring of the site begins and ends.
(2) The conditions specified in subsection (1)(c) will not ordinarily be imposed
on an approval for the operation of an accommodation park that commenced
operation before the commencement of this subordinate local law.
(3) However, the conditions mentioned in subsection (1)(c) will ordinarily be
imposed on the operation of an accommodation park that commenced
operation before the commencement of this subordinate local law if the
facilities mentioned in subsection (1)(c) undergo significant renovation. ’.
(5) Schedule 13, after section 8—
insert—
‘9 In this schedule—
self-contained RV means a recreational vehicle(RV) that—
(a) is designed to hold fresh water, greywater and)black water on board;
and
(b) has on board cooking and sleeping facilities.
self-contained RV park means a place set aside for parking and residing in
self-contained RVs.’.
(6) Schedule 13—
renumber as schedule 12.
11. Insertion of new sch 13 —Operation of shared facility accommodation
After schedule] 2—
insert —
‘Schedule13 Operation of shared facility accommodation
Section 11
1 Prescribed activity
Operation of shared facility accommodation.
Example: hostel, backpacker accommodation
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for
approval
The following documents and materials must accompany an application for an
approval—
(a) application form; and
(b) the appropriate fees as determined in the local government’s schedule
of fees and charges; and
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(c) the documents, information and materials identified in the application
form for the prescribed activity.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding whether or not to
grant the approval—
(a) whether the approval includes a pest management plan,
incorporating—
(i) the prevention of the introduction of pests; and
(ii) the maintenance required to prevent the harbourage of pests;
and
(iii) procedures to monitor the detection of the presence of pests;
and
(iv) intervention strategies when pests are detected; and
(v) record keeping pertaining to the plan; and
(b) whether the premises will be suitable and convenient for operation as
shared facility accommodation and will provide a proper standard of
hygiene, safety and comfort in the opinion of an authorised person.
5 Conditions that must be imposed on approvals
The conditions that must be imposed_on an approval are that the approval
holder and.the operator of the shared facility accommodation must—
(a) ensure that\the shared facility accommodation is kept in a clean and
sanitary condition to the satisfaction of an authorised person; and
(b) ensure that the shared facility accommodation is maintained in a
good state of repair and working order to the satisfaction of an
authorised)person; and
(c) ensure that allfixtures, equipment, fittings and furniture is kept in a
good state of repair and working order to the satisfaction of an
authorised person; and
(d), reside, or delegate an approved representative to reside, at the
shared facility accommodation at all times; and
(e) keep aregister which includes the following details—
(v) the name and address of each occupant; and
(vi) the date of each occupant's arrival at, and departure from, the
shared facility accommodation; and
(vii) the number of the bedroom and bed allocated to each
occupant; and
(f) keep arecord of all fire safety management plans, and
(g) keep arecord of pest control, and
(h) keep appropriate records for any swimming pool as required by, and
to the satisfaction of, an authorised person; and
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(i) keep an up-to-date site plan that identifies all rooms, bed allocation
and communal facilities; and
(j) ensure that all records and site plans are maintained and made
available for perusal by an authorised person on request, and kept at
the office at the shared facility accommodation at all times while the
office is open and in a fireproof safe located at the shared facility
accommodation when the office is not open and saved and backed
up electronically off site; and
(k) not make any changes or alterations to the shared facility
accommodation without the prior approval of the local government
with such application for approval to be submitted in writing; and
(1) establish and maintain at the shared facility accommodation a clearly
designated office; and
(m) ensure that occupants can contact emergency services at all times;
and
(n) provide shared or communal areas and facilities and maintain such
areas and facilities in a good condition to the, satisfaction of an
authorised person; and
(o) provide a setof clean sheets orclean sheet sleeping envelopes to each
occupant on arrival at the shared facility accommodation; and
(p) ensure all light, fittings and otherceiling and wall projections
(including ceilingand wallfans) are provided with safety guards or
positioned so as not,to be a danger to any occupant of a bedroom in
the shared facility \accommodation to the satisfaction of an
authorised person; and
(q) ensure all rooms are clearly numbered.
6 Conditions that will ordinarily be imposed on approvals
The following conditions, will ordinarily be imposed on an approval—
(a) the approval holder may be required to—
(1) provide kitchen, clothes washing, clothes drying, bathroom,
rooms, shower and toilet facilities and maintain such facilities
in a good condition to the satisfaction of an authorised
person; and
(ii) provide furniture, fittings, equipment and chattels and
maintain such items in a good condition to the satisfaction of
an authorised person; and
(iii) ensure that no cooking or facilities for cooking are allowed in
any bedroom of the shared facility accommodation; and
(iv) ensure that sleeping bags are not used to sleep on any bed in
the shared facility accommodation; and
(v) provide a secure, lockable storage area for the purpose of
storing occupants’ packs and luggage; and-
(vi) ensure that in any bunk, the distance between the surface
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of—
(A) the lower bed and the base of the upper bed is at least
87cm; and
(B) the upper bed and the ceiling is at least 100cm; and
(vii) provide adequate under cover dining room seating for a
minimum of 25% of the maximum potential number of
occupants at the shared facility accommodation; and
(viii) ensure that towels and bed linen supplied are replaced with
clean towels and bed linen before a change of occupancy, or
replaced every third day thereafter until occupancy has
ceased; and
(ix) provide the following kitchen facilities at the shared facility
accommodation to enable occupants to prepare a substantial
meal—
(A) one hand washebasin with hot.and cold water delivered
through a common outlet in each kitchen; and
(B) refrigerator space which is sufficient to meet the
reasonable needs of the maximum potential number of
occupants at the shared facility accommodation; and
(C) vermin proof dry food storage space which is sufficient
to meet the reasonable needs of the maximum potential
number “of occupants \ at the shared facility
accommodation; and
(D)» washing up sinks or dishwashers which are sufficient to
meet the reasonable needs of the maximum potential
number of occupants at the shared facility
accommodation.
(b) »the approval may state—
(i) \ the approved use of | or more rooms; and
(11) \ the number, of beds that may be placed and the number of
persons who may sleep—
(A) ina specified room in the premises; or
(B) in the premises as a whole.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted
and expires on the next 30" day of June, unless otherwise specified in the
approval.
(2) An approval expires at the end of the day for expiry specified in
subsection (1).
8 Term of renewal of approval
This section has been intentionally left blank.’
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12. Amendment of sch 19 (Undertaking regulated activities on local
government controlled areas and roads)
(1) Schedule 19, section 2(d), ‘a caravan park’ —
omit, insert
‘an accommodation park’.
(2) Schedule 19, section 2(d), “caravan park;’—
omit, insert
‘accommodation park;’.
Part 3 Amendment of Subordinate Local Law No. 2
(Animal Management) 2015
13. Subordinate local law amended
This part amends Subordinate Local Law No. 2(Animal Management) 2015.
14. Amendment of s4 (Definitions)
Section 4, definition urban area —
omit, insert —
“urban area” means the area within the “urban footprint” as that expression
is defined in the South East Queensland Regional Plan 2009-2031 (“the SEQ
Regional Plan”) and more precisely defined in the maps that accompany the
SEQ Regional Plan, including the maps titled SEQ Regional Plan 2009-2013
State Planning Regulatory Provisions Map SEQ RP! and SEQ Regional Plan
2009-2013 State Planning Regulatory Provisions Map SEQ RP4.’.
Part 4 Amendment of Subordinate Local Law No. 3
(Community and Environmental
Management) 2015
15. Subordinate local law amended
This part amends Subordinate Local Law No. 3 (Community and Environment
Management) 2015.
16. Amendment of s4 (Definitions)
Section 4, definition urban area—
omit, insert
“urban area” means the area within the “urban footprint” as that expression
is defined in the South East Queensland Regional Plan 2009-2031 (“the SEQ
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Regional Plan”) and more precisely defined in the maps that accompany the
SEQ Regional Plan, including the maps titled SEQ Regional Plan 2009-2013
State Planning Regulatory Provisions Map SEQ RP! and SEQ Regional Plan
2009-2013 State Planning Regulatory Provisions Map SEQ RP4.’.
17. Amendment of sch 3 (Prohibited fires)
Schedule 3, column 2, ‘less than 2 meters square’ —
omit.
654919 1
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3 PROPOSED LOCAL LAW 7 (WASTE MANAGEMENT) 2017
DOCUMENT INFORM AT ION
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/Subject/Local Laws - Governance
Attachments 1. Local Law No. 7 (Waste Management) 2017
2. List of likely anti-competitive provisions
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 October 2017 and:
A. Propose to make the proposed Local Law No. 7 (Waste Management) 2017 (provided at
Attachment 1) in accordance with Council Local Law Making Process;
B. Note that Council will comply with the procedures prescribed under section 15 of the Local
Government Regulation 2012 to review the possible anti-competitive provisions in the
proposed local law, which are identified in Attachment 2;
C. Note that Council will consult with relevant State Government entities about the overall
State interest in the proposed local law; and
D. Note that Council will consult with the public about the proposed local law for at least 21
days and comply with the requirements of the public consultation process as outlined in
Council’s Local Law Making Process.
REPORT
1. Legislative Background
As previously discussed with Council, the State Government is intending to repeal Part 2A of the
Waste Reduction and Recycling Regulation 2011 that provides:
“Part 2A Designation of areas by local governments for general or green waste collection.
Section 7 - Designation of areas
A local government may— (a) by resolution, designate areas within its local government area in
which the local government may conduct general waste or green waste collection; and (b) decide
the frequency of general waste or green waste collection in the designated areas”.
The State Government also intends to repeal Chapter 5A of the Environmental Protection
Regulation 2008.
“Chapter 5A Waste management by local governments” deals with waste management by
Local Governments and provides extensive provisions relating to the mechanisms for such things
as how Local Government handles waste collection, provision of bins, the obligations for owners
and occupiers and the penalties that may be applied for failure to comply with the legislation.
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2. Expiry of authorising state legislative provisions
Part 2A and Chapter 5A are set to expire 1 July 2018. After that date there will be no head of
power for a local government to:
Designate areas where it may undertake to provide general waste or green waste collection
services, or
Regulate the storage of general waste, removal of general waste, storage and treatment of
Industrial waste, service of compliance notices, or receiving and disposing of waste.
State government expects that local government will provide its own head of power under
relevant local laws to replicate the expiring provisions of the abovementioned Regulations.
Local government has been reluctant to implement local laws to merely replicate existing
Regulations and this has resulted in three extensions to the expiry date.
As at 30 June 2017, only 2 local governments had a Waste Management local law in place.
Advice received from King and Company lawyers is that any further extensions by the State
government are unlikely, and that all local governments should urgently proceed with making a
relevant local law to regulate this area.
If the Regulations expire 30 June 2018, there are significant implications for local government.
King and Company have urged local government to urgently prepare the relevant local law to
ensure they are in existence by 30 June 2018. They also report that they are currently developing
local laws for a significant number of local governments.
3. Competitive neutrality and anti-competitive provisions of the local law
Waste Management in Noosa is conducted under full cost pricing as a business undertaking. The
development of a local law must recognise Council’s obligations in respect of any anti-
competitive provisions in any local law.
Attachment 2 to the report details the potential anti-competitive aspects of the proposed local
law prepared by King and Co. Council is obligated to consider these anti-competitive provisions
during the local law making process in relation to the public interest. (For example, are there
advantages in the public interest that on balance, outweigh the anti- competitive elements of the
proposed local law?).
4. Referral to State Entities
If the Council resolves to propose to make the proposed local law, Council is obligated to refer
the proposed local law to any State entities that may have an interest in the proposed local law
and invite comments. King and Co have recommended that Council refer the proposed local law
as widely as possible to State Agencies in order to prevent potential future claims that Council
failed to make the proposed local law in accordance with the approved process.
5. Public consultation and anti-competitive provisions
After referral to relevant State Entities the proposed local law will be referred for public
consultation for at least 21 days inviting written submissions in support or objecting to the
proposed local law. At the same time the anti-competitive provisions will be considered in
accordance with the prescribed review procedure.
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6. Review of public consultation
Public submissions will be reviewed by staff and referred to Council with comments for
consideration by Council. Council will then either make the proposed local law, or amend the
proposed local law. If the proposed local law is significantly amended following the review of
public consultation or anticompetitive assessment, the updated proposed local law may need to
be referred back to the public for further consultation.
Previous Council Consideration
Ordinary Meeting, 21 September 2017, Item 1, Page 2
That Council withdraw the Proposed Motion to the Local Government Association of Queensland
(LGAQ) 2017 Annual Conference - Repeal of Waste Management Legislation following advice
received from LGAQ.
Ordinary Meeting, 17 August 2017, Item 5, Page 12
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 14 August 2017 and submit the following Proposed Motion to the Local
Government Association of Queensland for consideration at its 2017 Annual Conference:
“That the LGAQ lobby the State Government to:
A. Oppose the potential repeal Part 2A Section 7 of the Waste Reduction and Recycling
Regulations 2011 dealing with the areas that may be designated by a local government for
the collection of waste which require local government to develop local laws to replace
legislation; and
B. Oppose the potential repeal of Part 5A of the Environmental Protection Regulations 2008
dealing with the operational requirements for the collection of waste, which would require
local governments to develop local laws to replace Part 5A of the legislation, when the
current requirements of Part 5A adequately satisfy the requirements of Local Government.”
Finance & Risk
If chapter 5A expires on 1 July 2018 (as is currently legislated) and a local government does not
replace the content of chapter 5A with a local law, it may be more difficult for Council to address
a competitive neutrality complaint because Council would not have the power to rely on the
“compulsion” provisions contained in chapter 5A. Rather, owners and occupiers of premises
would be free to elect to either use, or not use, the collection service provided by Council or,
possibly, use (a minimal) part of the collection service provided by Council, and an additional
service provided by a commercial waste collection contractor.
There would be no control over the number of contractors entitled to provide collection services
to domestic, commercial or industrial properties and no ability to direct owners to have any
service whatsoever with potentially severe impact on public health and amenity.
Cleanaway has tendered its waste management contract on the basis of the contractor providing
the number of services detailed in the tendering process. The contract has provisions for
variation in the contract. If there was a substantial reduction in the number of services and
revenue to offset the contractor’s expenditure on plant and equipment for the 7 year term, the
contractor would be entitled to seek a variation and increase the price per service to maintain the
anticipated revenue under the contract. This could result in a significant increase in waste
collection service charges to residents.
The proposed Local Law No.7 purposely replicates the current provision of the expiring state
legislation in order to minimise the risk of the local law being rejected or amended by the state
and to reassure the public that this is not an increase in legislative control of waste management
by Noosa Council.
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Consultation
External Consultation - Community & Stakeholder
King and Company have prepared the proposed local law and also provided advice on the local
law making process specific to local laws on waste management, which has been followed in
preparation of this report.
Internal Consultation
Council’s Governance Advisor has been involved in the development of the proposed local law
and will provide further assistance with the local law making process in consultation with
Council’s Waste and Environmental Health Manager.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
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ATTACHMENT 1
Local Law No. 7 (Waste Management) 2017
Contents
Part 1 PreliMiNary.......cccccccseescceeeeceseeeeceeseeeneeeesseeeseseeeeseaeeseeeeseeeseesassneneaseeese
1 Short tithe oe eee ceececeseeene ceeeeceeeeeeeeeeeeeeecneeeceseeeseeeceeeseeeeceeesneeeneeeeneeeseeeee’
2 ODJeCHS ooo. eee cee cecceecssseeececeecesseaeececaeeeeecesueceseua eeeeeeeeesesaeeeseteeeeesesaees coeaeeesenee®
3 Relationship to other lAWS .............ccccccccecececesesececeeceeessssseeeeeesceeeesseaeeeeesesenensnee®
4 DePINITIONS ...... eee eee ceecececeseee ececeseneseaececeececeecsessaeae eceseseseseeeeseesesesssteeeeeeeserens®
Part 2 Waste Manageme Nt...............cccccceeseeececceececneeeesesssseeeseneeseeeeeeseesesaneae
Division 1 Designation of areas for general or green waste collection 2
5 Designation Of AFCAS..........ceeecceeseceeseeeneecereeneeeceseeceseecssseceeaeenseseaeeetnateenaneeseree®
Division 2 General waste 3
Subdivision 1 Storage of general waste 3
6 Owner or occupier of premises to supply waste containe’rs....................000
7 Requirements for storing general waste in waste containers .......................064
8 General requirements for keeping waste containers at serviced premises ....5
9 Other requirements for storing general waste at particular serviced premises6
Subdivision 2 Removal of general waste 6
10 Local government may give notice about removal of general waste ..............6
11 Depositing or disposal of general waste from premises other than serviced
PFOMISES ........e ec cccecccceeececcseeeeeseeeccesueeecesssecceeseeeeesuecesessseecseaeeecsstatecseseeessteee
Division 3 Storage and treatment of industrial waste 8
12 Requirements for storing industrial Waste .............cccecseceeeeeeeeteteeesteeeeteeeeneeesO
13. Requirement to treat industrial waste for diSPOSAl ...........cceeeeeeeeereeesteeeeeeeeeee®
Part 3 Waste receival And GiSpOSAl] ............sssccessseeeeseneensseneeesseeeeeeseeeeesseeeD
14 Unlawful disposal of waste at waste facility... cccceececeeeeeesteeeeneneee
15 Restrictions on burning waste at waste facility .......00. cc eceeeseeeeestteeeeee 10
16 __ Restrictions on use of waste facility 0.00.0... ccccecsesseeeee sesssseeeeeeeeesesesttteeeeee 10
17 Person to comply with directions and give information .....................:::0:2e 10
Part 4 Subordinate local laWS ...............:sscceeceeneeeeeceeceeeeesssssesseseneneeseeeeeeee V1
18 Subordinate local lAWS ........ cee ceccecccceeses cesssececeseeeceessseececssaeeesseeeeessseeeses 114
Part 5 Transitional ProviSiONS..............ccccceesscseeeesessnseeeeseeesseeeeseeessnseeeseeeee TD
19 Continuation of chapter 5A requirements.................:cccccesccecesseeseseeeeeeseeeesess 12
Schedule DiCtiONALY..........cccccccsseseseeeeeesseseeeeseneneeeeseneessseeeeseaeaseeseseaeesesenseseeeeeeee TO
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Part 1 Preliminary
1 Short title
This local law may be cited as Local Law No. 7 (Waste Management) 2017.
2 Objects
The object of this local law is to protect the public health, safety and
amenity related to waste management by—
(a) regulating the storage, servicing and removal of waste; and
(b) regulating the disposal of waste at waste facilities; and
(c) ensuring that an act or omission does not result in—
(i) harm to human health or safety or personal injury; or
(ii) property damage or loss of amenity; or
(111) environmental harm or environmental nuisance.
3 Relationship to other laws
(1) This local law is—
(a) in addition to and does not derogate from laws about the
management of waste; and
(b) to be read with Noosa Shire Council Local Law No. 1
(Administration) 2015.
(2) For the purposes of Environmental Protection Regulation 2008,
section 81ZC, this local law replaces Environmental Protection
Regulation 2008, chapter 5A (Waste management by local governments).
4 Definitions
The dictionary in the Schedule (Dictionary) of this local law defines the
particular words used in this local law.
Part 2 Waste management
Division 1 Designation of areas for general or green
waste collection
5 Designation of areas
The local government may—
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(a) by resolution, designate areas within its local government area in
which the local government may conduct general waste or green
waste collection; and
(b) decide the frequency of general waste or green waste collection in
the designated arcas.
Division 2 General waste
Subdivision 1 Storage of general waste
6 Owner or occupier of premises to supply waste containers
(1) The owner or occupier of premises must—
(a) subject to subsection (2), supply standard general waste containers
at the premises as—
(1) are necessary to contain the gencral waste produced at the
premises; or
(11) are prescribed by subordinate local law; or
(b) supply at the premises, waste containers, other than standard
general waste containers, as—
(1) if required by the local government — are necessary to
contain the general waste produced at the premises; or
(11) are prescribed by subordinate local law.
Examples of ways the local government may require waste containers for paragraph
L(b)(i—
by a resolution of the local government or a development approval for the premises
Maximum penalty — 20 penalty units.
(2) However, subsection (1)(a) does not apply if the local government supplies
to the premises the number of standard general waste containers the local
government reasonably considers is required at the premises.
(3) If the local government supplies a standard general waste container to
premises under subsection (2), the reasonable cost of supplying the
container is a debt payable by the owner or occupier of the premises to the
local government.
(4) However, subsection (3) does not prevent the local government from
supplying a standard gencral waste container to premiscs without cost to the
owner or occupier of the premises.
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7 Requirements for storing general waste in waste containers
(1) The occupier of premises must—
(a) store general waste produced as a result of the ordinary use or
occupation of the premises in—
(1) astandard general waste container; or
(11) if another type of waste container is prescribed by
subordinate local law — the other type of container; and
(b) keep each waste container clean and in good repair; and
(c) ensure that each waste container is securely covered, except when
the waste is being placed in, or removed from, the container or the
container is being cleaned.
Maximum penalty — 20 penalty units.
(2) A person must not—
(a) place any of the following in a waste container—
(i) a liquid, semi-liquid or moist substance, unless the substance
is securely wrapped or contained to prevent the substance
leaking from the wrapper or container; or
(11) material that is smouldering or aflame; or
(111) matter or a thing that is alive; or
(iv) a thing stated in a subordinate local law; or
(b) remove or disturb the cover of a waste container, except when
placing waste in or cleaning the container; or
(c) use or damage a waste container so that it is not weatherproof or
serviceable or cannot be securely covered; or
(d) disturb or otherwise interfere with the contents of a waste
container.
Maximum penalty — 20 penalty units.
(3) The occupier of the premises must not allow a person to place a thing in a
waste container in contravention of subsection (2)(a).
Maximum penalty — 20 penalty units.
(4) It is a defence in a proceeding against a person for an offence under
subsection (3) for the person to prove the contravention was due to causes
over which the person had no control.
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8 General requirements for keeping waste containers at serviced
premises
(1) Subject to subsection (2), the occupier of serviced premises must ensure that
a waste container supplied for the premises is kept—
(a) if the local government requires the container to be kept at a
particular place at the premises — at the place (the waste container
storage place); or
Examples of ways the local government may require waste containers to be kept at a
particular place —
by a resolution of the local government or a development approval for the premises
(b) if a subordinate local law requires the container to be kept at a
particular place at the premises — at the place (also a waste
container storage place), or
(c) if paragraphs lay andl(b) do not apply — at ground level close to
the rear alignment of a building at the premises.
Maximum penalty — 20 penalty units.
(2) Subsection (1) does not prevent the occupier of the serviced premises from
placing a waste container in a place outside the premises for the collection
of general waste from the container, 1f—
(a) the local government has arranged to collect waste from the
container at the place; and
(b) the container is in the place for no longer than—
(1) the period, if any, allowed under a local law of the local
government; or
(11) 24 hours before or after the scheduled collection day for the
collection of the waste in the container.
Example of a place outside serviced premises—
the kerb adjacent to the serviced premises
(3) If the local government has arranged for the collection of general waste
from a waste container at serviced premises, the occupier of the premises
must ensure there is unobstructed access to the container for removal of the
waste.
Maximum penalty for subsection (3) — 20 penalty units.
(4) It is a defence in the proceeding against a person for an offence under
subsection (3) for the person to prove the contravention was due to causes
over which the person had no control.
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9 Other requirements for storing general waste at particular serviced
premises
(1) This section applies to any of the following persons (each a prescribed
person) for serviced premises, other than a single detached dwelling—
(a) the owner or occupier of the premises;
(b) if a prescribed ERA is carried out at the premises — the holder of
the environmental authority for the prescribed ERA.
(2) The prescribed person must ensure that the waste container storage place for
the premises is supplied with—
(a) if required by the local government — each of the following—
(i) either—
(A) an elevated stand at a level required by the local
government for holding all waste containers; or
(B) an imperviously paved area, drained as required by the
local government, where all waste containers can be
placed;
(11) a hose cock and hose in the vicinity of the stand or paved
area;
(111) a suitable enclosure for the area where the waste containers
are kept; and
Examples of ways the local government may require a prescribed person to
comply with subsection (2)(a) —
by a resolution of the local government or a development approval for the
premises
(b) if a requirement is prescribed by subordinate local law — facilities
and structures for the placement, storage and cleaning of waste
containers as prescribed by subordinate local law.
Maximum penalty for subsection (2) — 20 penalty units.
Subdivision 2 Removal of general waste
10 Local government may give notice about removal of general waste
(1) This section applies where the local government has arranged for the
removal of general waste produced at a premises.
(2) The local government may give the occupier of the premises a written
notice stating—
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(a) the days (each a scheduled collection day) on which the waste is to
be collected; and
(b) the location (collection location) where the waste container is to be
placed for collection of the waste ; and
(c) the time by which the waste container is to be placed in the
collection location for collection of the waste; and
(d) the time by which the waste container is to be removed from the
collection location.
11 Depositing or disposal of general waste from premises other than
serviced premises
(1) This section applies if general waste is produced at a premises, other than
serviced premises.
(2) The local government may—
(a) give a written approval to the owner or occupier of the premises for
depositing or disposing of the waste; and
(b) impose conditions on the approval, including, for example,
conditions about—
(i) the place for depositing or disposing of the waste; or
(11) the method of depositing or disposing of the waste.
(3) A person must not deposit or dispose of the waste unless the person deposits
or disposes of the waste—
(a) at a waste facility in accordance with part 3; or
(b) in accordance with—
(i) an approval under subsection (2) for disposal of the waste;
and
(11) if the approval has been given on conditions — the
conditions of the approval.
Maximum penalty for subsection (3) — 20 penalty units.
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Division 3 Storage and treatment of industrial waste
12 Requirements for storing industrial waste
(1) The occupier of premises where there is industrial waste must—
(a) if required by the local government—
(i) supply at the premises the number of industrial waste
containers required by the local government for storing the
waste at the premises safely, efficiently and without causing a
nuisance; and
(ii) keep the waste containers at the particular place at the
premises required by the local government; and
(11) keep each waste container clean and in good repair; and
Examples of ways the local government may require compliance with subsection 1(a) —
by a resolution of the local government or a development approval for the premises
(b) if a requirement is prescribed by subordinate local law — comply
with each requirement prescribed by subordinate local law, about
each of the following—
(i) the supply at the premises of industrial waste containers for
storing the waste at the premises;
(ii) keeping the waste containers at a particular place at the
premises;
(iii) keeping each waste container clean and in good repair.
Maximum penalty — 20 penalty units.
(2) The local government may supply industrial waste containers at the
premises if the occupier does not supply at the premises the number of
industrial waste containers which are—
(a) required by the local government under subsection (1)(a); or
(b) prescribed by subordinate local law under subsection (1)(b).
(3) If the local government supplies an industrial waste container to premises
under subsection (2), the reasonable cost of supplying the container is a debt
payable by the occupier of the premises to the local government.
13 Requirement to treat industrial waste for disposal
The occupier of premises where there is industrial waste must—
(a) if required by the local government, treat the waste to a standard
approved by the local government—
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(i) for disposal of the waste at a waste facility; or
(ii) for transport to, and disposal of the waste at, a waste facility;
and
Examples of ways the local government may require an occupier to treat industrial waste
for disposal —
by a resolution of the local government or a development approval for the premises
(b) comply with requirements, as prescribed by subordinate local law,
about the treatment of industrial waste—
(i) for disposal of the waste at a waste facility; and
(ii) for transport to, and disposal of the waste at, a waste facility.
Maximum penalty — 40 penalty units.
Part 3 Waste receival and disposal
14 Unlawful disposal of waste at waste facility
(1) A person must not deposit the following waste at a waste facility—
(a) liquid or semiliquid waste;
(b) hot ash;
(c) material that is smouldering or aflame;
(d) material that can spontaneously combust;
(e) material containing a substance that may be harmful to persons or
property because, if it reacts with air or water, it may produce toxic
gases or become corrosive or explosive;
(f) an explosive;
(g) ammunition, other than ammunition that no longer contains
explosives, pyrotechnics or propellants apart from trace residues
that are no longer capable of supporting combustion or an
explosive reaction;
(h) waste prescribed by subordinate local law.
Maximum penalty — 20 penalty units.
(2) Subsection (1) does not apply to waste deposited with the consent of—
(a) the person who—
(v) is the registered suitable operator for the facility; or
(vi) holds an environmental authority for the facility; or
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(b) the person in charge of the facility.
15 Restrictions on burning waste at waste facility
A person must not set fire to, or burn, waste at a waste facility other than—
(a) under an environmental authority; or
(b) under a development condition of a development approval; or
(c) under the Fire and Emergency Services Act 1990.
Maximum penalty — 20 penalty units.
16 Restrictions on use of waste facility
(1) A person must not, without the consent of a waste facility's owner or
operator—
(a) enter the facility other than to deposit waste; or
(b) remain on the facility after depositing waste; or
(c) interfere with waste at, or remove waste from, the facility.
Maximum penalty — 10 penalty units.
(2) Subsection (1) does not apply to—
(a) the facility’s owner or operator; or
(b) an authorised person; or
(c) a person who acquires from a waste facility, with the consent of the
local government—
(i) recyclable waste, for example, mulch or green waste; or
(ii) 1 or more items of waste which are made available for sale or
disposal by the local government, for example, at a “tip
shop”.
17 Person to comply with directions and give information
(1) This section applies to a person who transports waste to a waste facility.
(2) The person must—
(a) comply with all relevant and reasonable directions contained in any
sign displayed at the facility by a facility person; and
(b) comply with all reasonable instructions about dealing with the
waste at the waste facility which are given by—
(i) _ the person in charge of the facility; or
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(ii) a facility person; and
(c) if asked by a facility person — give information to the facility
person about the type and amount of waste being delivered to the
facility; and
(d) if asked by a facility person — give information to the facility
person that provides satisfactory evidence of the identity and
residential address of the person.
Maximum penalty — 10 penalty units.
(3) In this section, for a waste facility, facility person means each of the
following—
(a) the operator of the waste facility;
(b) the owner of the waste facility;
(c) the local government.
Part 4 Subordinate local laws
18 Subordinate local laws
The local government may, by subordinate local law, specify—
(a) a thing that is specified to be waste pursuant to the Schedule
(Dictionary) of this local law; and
(b) requirements about the necessity to supply standard general waste
containers at premises under section 6(1)(a); and
(c) requirements about the supply at premises of waste containers,
other than standard general waste containers, to contain the general
waste produced at the premises under section 6(1)(b); and
(d) another type of waste container for the storage of general waste
produced as a result of the ordinary use or occupation of premises
under section 7(1); and
(c) a thing that a person must not place in a waste container under
section 7(2); and
(f) requirements about the keeping of the waste container supplied for
premises at a particular place at the premises under section 8(1)(b);
and
(g) requirements about the supply of facilities and structures for the
placement, storage and cleaning of waste containers under
section 9(2)(b); and
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(h) requirements about the supply at premises of industrial waste
containers for storing industrial waste at the premises and other
requirements about waste containers for the storage of industrial
waste under section 12(1)(b); and
(1) requirements about the treatment of industrial waste under
section 13(b); and
(j) waste that a person must not deposit at a waste facility under
section 14(1).
Part 5 Transitional provisions
19 Continuation of chapter 5A requirements
(1) This section applies if a provision of Environmental Protection
Regulation 2008, chapter 5A (Waste management by local governments), is
replaced by a provision of this local law.
(2) In this section, prescribed provision means a provision of Environmental
Protection Regulation 2008, chapter 5A (Waste management by local
governments) which is replaced by a provision of this local law.
(3) If the local government has made a requirement under a prescribed
provision prior to the commencement of this local law, the requirement
applies for the provision of this local law which replaced the prescribed
provision from the commencement of this local law.
Example —
The local government may require that a waste container supplied for serviced premises be
kept at a particular place at the premises by development approval for the premises under
Environmental Protection Regulation 2008, section 81ZH(1). Environmental Protection
Regulation 2008, section 81ZH(1) is a prescribed provision which is replaced by section 8
(General requirements for keeping waste containers at serviced premises). A requirement
under the prescribed provision made prior to the commencement of this local law would
apply for section 8 of this local law from the commencement of this local law.
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Schedule Dictionary
section 3
authorised person means a person appointed by the chief executive officer
of the local government, pursuant to Local Government Act 2009,
section 202, to exercise the powers of an authorised person under this local
law.
collection location means a place at, or adjacent to, premises at which a
standard general waste container associated with the premises can be easily
accessed by a general waste collection vehicle without causing obstruction.
commercial premises means any of the following types of premises—
(a) a hotel, motel, caravan park, cafe, food store or canteen;
(b) an assembly building, institutional building, kindergarten, child
minding centre, school or other building used for education;
(c) premises where a sport or game is ordinarily played in public;
(d) an exhibition ground, show ground or racecourse;
(e) an office, shop or other premises where business or work, other
than a manufacturing process, is carried out.
commercial waste means waste, other than green waste, recyclable waste,
interceptor waste or waste discharged to a sewer, produced as a result of the
ordinary use or occupation of commercial premises.
development approval has the meaning given in the Planning Act 2016.
domestic premises means any of the following types of premises—
(a) a single unit private dwelling;
(b) premises containing 2 or more separate flats, apartments or other
dwelling units;
(c) a boarding house, hostel, lodging house or guest house.
domestic waste means waste, other than domestic clean-up waste, green
waste, recyclable waste, interceptor waste or waste discharged to a sewer,
produced as a result of the ordinary use or occupation of domestic premises.
environmental authority has the meaning given in the Environmental
Protection Act 1994.
environmental harm has the meaning given in the Environmental
Protection Act 1994.
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environmental nuisance has the meaning given in the Environmental
Protection Act 1994.
general waste means—
(a) waste other than regulated waste; and
(b) for part 2, any of the following—
(i) commercial waste;
(ii) domestic waste;
(iii) recyclable waste.
green waste means grass cuttings, trees, bushes, shrubs, loppings of trees,
bushes or shrubs, or similar matter produced as a result of the ordinary use
or occupation of premises.
industrial waste means—
(a) interceptor waste; or
(b) waste other than the following—
(i) commercial waste;
(ii) domestic clean-up waste;
(iii) domestic waste;
(iv) green waste;
(v) recyclable interceptor waste;
(vi) recyclable waste;
(vii) waste discharged to a sewer.
industrial waste container means a container of a type approved by the
local government for storing industrial waste at premises in the local
government’s area.
interceptor means a device used to intercept a substance in sewage, waste
water or trade waste and prevent its discharge into a sewer, septic tank,
waste water disposal system or other treatment device.
Examples of interceptors—
° neutralising interceptors for neutralising acidic and alkaline substances
° grease interceptors for collecting and solidifying fat, grease and similar matter
° oil interceptors for collecting oil and petroleum products
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° silt interceptors for collecting soil, sand, gravel and other sedimentary solids
interceptor waste means matter, other than recyclable interceptor waste,
intercepted by, and held in, an interceptor.
manufacturing process means a handicraft or other process relating to
adapting, altering, assembling, cleaning, finishing, making, ornamenting,
preparing, renovating, repairing, washing, or wrecking goods for trade, sale
or gain or otherwise in connection with a business.
occupier of premises means the person who has the control or management
of the premises.
owner of premises means the person for the time being entitled to receive
the rent for the premises or would be entitled to receive the rent for it if it
were let to a tenant at a rent.
premises includes domestic premises, government premises, industrial
premises and commercial premises.
prescribed ERA has the meaning given in the Environmental Protection
Act 1994.
prescribed person see section 9(1).
recyclable interceptor waste means matter that is, or is intended to be,
removed from a grease interceptor and taken elsewhere for processing into a
non-toxic, non-hazardous and usable substance for sale.
recyclable waste, means clean and inoffensive waste that is declared by the
local government to be recyclable waste for the area of the local
government.
Examples of waste that may be declared to be recyclable waste—
glass bottles, plastic contaimers, paper, cardboard, steel and aluminium cans, and green
waste
regulated waste has the meaning given in the Environmental Protection
Regulation 2008.
scheduled collection day scc section 10(2).
serviced premises means—
(a) premises which are in an area designated by the local government
as an area in which the local government may conduct general
waste collection under—
(1) Waste Reduction and Recycling Regulation 20/1, section 7;
or
(ii) section 5; and
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(b) premises for which the local government has required the owner or
occupier of the premises to arrange for removal of general waste
from the premises.
standard general waste container—
(a) means a container of a type approved by the local government for
storing domestic waste, commercial waste or recyclable waste at
premises in the local government’s area; and
(b) for the avoidance of doubt, includes 1 or more containers each of
which is approved by the local government for storing, at premises
in the local government’s area—
(i) 1 or more or multiple types of commercial waste; or
(ii) 1 or more or multiple types of recyclable waste.
Example for paragraph (b)
The local government may approve | container for storing recyclable waste which is green
waste and | container for storing recyclable waste other than green waste.
waste, has the meaning given in the Environmental Protection Act 1994, and
includes any thing that is specified to be waste under a subordinate local
law.
waste container storage place see section 8(1).
waste facility—
(a) for part 2, means a facility for the recycling, reprocessing,
treatment, storage, incineration, conversion to energy or disposal of
waste; and
(b) for part 3, means a facility for the recycling, reprocessing,
treatment, storage, incineration, conversion to energy or disposal of
waste, but only if the local government is the lessee, occupier,
operator or owner of the facility.
This and the preceding 15 pages bearing my initials is a certified copy of Local Law No. 7
(Waste Management) 2017 made in accordance with the provisions of the Local Government
Act 2009 by Noosa Shire Council by resolution dated the day
of 2017.
Chief Executive Officer
654318 1
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ATTACHMENT 2
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LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS ATTACHMENT 2
Local Law: Local Law No. 7 (Waste Management) 2017
Purpose: The purpose of the local law is to protect the public health, safety and amenity related to waste management by:
(a) regulating the storage, servicing and removal of waste; and
(b) regulating the disposal of waste at waste facilities; and
(c) — ensuring that an act or omission does not result in—
(i) harm to human health or safety or personal injury; or
(ii) | property damage or loss of amenity; or
(iii) | environmental harm or environmental nuisance.
Anti-competitive Provisions Relevant criteria Explanatory Comments
Local Law, section 6(1) 5 — prescribed standard The local government may prescribe requirements about the supply of standard
7 — business restriction general waste containers and waste containers other than standard general
waste containers. Compliance with the requirements may have an impact on
the conduct of a business activity.
Local Law, section 7(1) and (2) | 5— prescribed standard Requirements are prescribed for the storage of general waste in waste
7 — business restriction containers. Compliance with the requirements may have an impact on the
conduct of a business activity.
Local Law, section 8(1) and (2) | 5— prescribed standard Requirements are prescribed for the keeping of waste containers at serviced
7 — business restriction premises. Compliance with the requirements may have an impact on the conduct
of a business activity.
Local Law, section 9(1) and (2) | 5— prescribed standard Requirements are prescribed for the storage of general waste at particular
7 — business restriction serviced premises and compliance with the requirements may have an impact
on the conduct of a business activity.
Local Law, section 11 5 — prescribed standard Requirements may be prescribed for the depositing and disposal of general
7 — business restriction waste at premises other than serviced premises. Compliance with the
requirements may have an impact on the conduct of a business activity.
Local Law, section 12(1) 5 — prescribed standard Requirements are prescribed for the storage of industrial waste. Compliance
7 — business restriction with the requirements may have an impact on the conduct of a business activity.
Local Law, section 13 5 — prescribed standard Requirements may be prescribed about the treatment of industrial waste for
7 — business restriction disposal. Compliance with the requirements may have an impact on the conduct
of a business activity.
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4 WASTE MANAGEMENT CONTRACT VARIATION - 1,100 LITRE CARDBOARD
SERVICE
DOCUMENT INFORM AT ION
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/Subject/Waste Contract - Collection
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 October, 2017 and:
A. Agree to a variation in the Waste Management Contract with Cleanaway to include the
provision and servicing of an 1,100 litre cardboard recycling bin; and
B. Amend the Schedule of Commercial Charges to include a charge of $8.50 per week
excluding GST per collection for a 1,100 litre cardboard recycling bin.
REPORT
1. Background
Council’s waste management contract 1516T043 provides for the contractor (Cleanaway) to
provide a cardboard only recycling service to 3 cubic metre and 4.5 cubic metre bins and
transport this waste to Coolum for resale on the commodity market. This process provides
Council with a revenue stream for the material, instead of paying a disposal tonnage fee to VISY
recycling to separate and recover the cardboard at the Bli Bli material recovery facility (MRF).
It was never envisaged that 1,100 litre cardboard only recycling bins would be popular or
required as they were considered too small for bulky cardboard. However, in attempting to
provide the 3 and 4.5 cubic metre cardboard service with a front loading collection vehicle it has
been discovered that access to some premises cannot be achieved with the large front loading
vehicle (as the large bulk bins do not have wheels and remain in a static location requiring the
collection vehicle to drive up to the bin for servicing).
The smaller rear loading truck does have the ability to access 1,100 litre cardboard recycling bins
(which have wheels and are manoeuvrable), allowing a service to be provided to remove
cardboard where the larger 3 and 4.5 cubic metre bins are inaccessible.
2. Cleanaway Proposal for 1,100 litre cardboard service
Cleanaway have approached Council with a proposal to service 1,100 litre cardboard bins as a
variation to the new waste contract and have provided a new price to add to the schedule under
the waste collection contract. The price is the same as the 1,100 comingled recycling bin service.
Staff support this initiative and variation to the contract.
Page 60 of 84
Section 61
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
3. Charging structure for 1,100 litre cardboard service
Council’s 2017/18 Revenue Statement does not include a rate for a 1,100 litre cardboard service.
As such the only current available method of charging is by amending Council’s schedule of
commercial charges and to invoice customers in lieu of issuing charges on a rate notice. The
method of charging would be addressed when developing the Revenue Statement for the
2018/19 budget.
The proposed charge would incorporate the direct contractor’s cost to collect the material, and
overhead costs less the anticipated revenue for cardboard sold. Council’s waste pricing model
has been updated to incorporate the new charge, which has resulted in a proposed charge of
$8.50 per week to ensure appropriate full cost pricing recovery.
Previous Council Consideration
Ordinary Meeting, 15 December 2016, Item 7, Page 10
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management
Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B, and
C, for an initial period of 7 years (at an estimated contract value of $46 million)
commencing on Friday 1 September 2017, and including the ability to award a first
extension of contract for a period of two years and a further second extension of one year;
B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
Contract Performance Bonds for each Separable Portion A, B and C as detailed in the
tender documents;
C Accept the option provided in the tender documents for the introduction of a 3 bin waste
collection service to single unit domestic dwellings in the urban areas to include a third bin
for garden waste from September 2017 as detailed in the tender documents, Part E
Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township Areas”
D Agree to the continued provision of an optional garden waste collection service to
commercial and multi-unit domestic premises and other premises within 5 kilometres of the
identified urban garden waste service area;
E Request that staff develop a Policy for the provision of the garden waste service and report
to a future meeting of Council;
F Engage King and Company to finalise the relevant contractual documents including
amendments resulting from contract negotiations and agreed contract departures, for
signing by the successful tenderer.
Finance & Risk
Finance
The price paid for cardboard is volatile and can fluctuate on the commodity market between $30
and $140 per tonne. Any revenue generated under this agreement is shared with Cleanaway
under the terms of the Waste Management Contract. The 1,100 litre cardboard service compares
more favourably than the current approach of transporting the material to the Bli Bli MRF and
paying a disposal and processing fee (expense) per tonne.
Page 61 of 84
Section 62
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
An estimated 30 premises would take up the 1,100 litre cardboard service, recycling 50kg each
per week or an estimated 78 tonnes of cardboard per annum, generating an estimated revenue
of $80 per tonne or $6,240 per annum. After allowing for revenue share with Cleanaway the
change in approach will provide Council with a total annual saving of approximately $5,000.
Consultation
External Consultation - Community & Stakeholder
Cleanaway
AEC Group Pty Ltd
Internal Consultation
Director Corporate Services.
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health X Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 62 of 84
Section 63
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
5 DESIGNATING WASTE AND RECYCLING COLLECTION AREAS AND APPROVED
WASTE CONTAINERS
DOCUMENT INFORM AT ION
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/Subject/Waste - Collections
Attachments 1. Defined Waste Collection Area
2. Defined Recycling Collection Area
3. Approved Standard Waste Containers in Noosa Shire
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 October 2017 and resolve to:
A. Define the Waste Collection Area for Noosa Shire as the area shown on Attachment 1 -
Defined Waste Collection Area;
B. Define the Recycling Collection Area for recyclable waste in Noosa Shire as the area
shown on Attachment 2 - Defined Recycling Collection Area;
C. Approve the standard general waste containers to be used in Noosa Shire as detailed in
Attachment 3 to the report, “Approved Standard Waste Containers in Noosa Shire”;
D. Specify the minimum service frequency for domestic, commercial and industrial waste
containers as once per week, with provision for additional services or special services up to
a frequency of daily at the request of the owner, subject to approval by staff depending
upon location; and
E. Specify the minimum service frequency for recycling containers for recyclable material as
once per fortnight, with provision for additional services or special services at the request of
the owner, to a frequency as determined by staff depending upon the location of the
premises requesting the service.
REPORT
1. Background Information
The State Government is proposing to repeal Section 7 of the Waste and Recycling Regulations
2011 and Chapter 5A of the Environmental Protection Regulations 2008, effective from 1July
2018. Local government is expected to have replicated the relevant provisions in a local law by
the expiry date to facilitate an ongoing head of power to allow local government to continue to
implement effective waste management controls.
During a presentation by King and Company in Brisbane at Local Government House 1
September 2017 attendees were encouraged to review their current procedures and policies
prior to implementing a new local law.
Page 63 of 84
Section 64
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Following that meeting in Brisbane, King and Company were engaged to develop draft Local Law
No.7. While drafting proposed Local Law the operational criteria under the current Waste and
Recycling Regulations 2011 and the Environmental Protection Regulations 2008 were also
reviewed. The review identified that Council needs to take some initial action prior to making local
law No.7. This report proposes the action to be taken.
2. Issues to be addressed now
Section 7 - Waste and Recycling Regulations 2011 sets out in summary that Council may
define the area within the shire where:
waste and recycling collection services are provided, and
the frequency for provision of those collection services.
Council has designated the Waste Collection Area and the Waste and Recycling Collection area
on maps in the Waste Management Contract, adopted by Council. It has also designated some
waste management criteria in the Revenue Statement adopted by Council resolution. The legal
advice from King and Company advised that our current processes are not entirely satisfactory
and should be corrected.
Chapter 5A - Environmental Protection Regulations 2008 sets the broad operational
requirements for storage and collection of waste including provisions for Council to define what is
an approved standard waste container. The 2017/18 Revenue Statement adopted by Council
sets out the bin sizes that Council will provide and service charge for each service, but does not
properly define what are the approved standard waste containers.
3. Action Required by Council
King and Company encourage Council to rectify these anomalies by taking the following action:
1) Define the waste collection area and recycling collection area on maps of the shire area,
the frequency of collection of waste and recycling containers in the defined area and adopt
these criteria by Council resolution.
2) Define and describe what are the approved standard general waste containers, recycling
containers, and garden waste containers approved by Council resolution.
4. No Action Required – Garden Waste Recycling Service
There is no need to define the garden waste recycling service areas or frequency of collection of
garden waste as this has already been properly defined on maps through Council resolutions
dated 20 April 2017 (3 bin service area and optional service area) and 21 September 2017 (Lake
Cooroibah area).
5. Attachments to the report
Attachment 1 to the report shows a map defining the current waste collection area.
Attachment 2 to the report shows a map of the current recycling collection area.
Attachment 3 lists the current standard waste containers that should be endorsed for use in
Noosa Shire.
Previous Council Consideration
Reports to Council in April and September 2017 adopted the Garden Waste Service Policy and
maps designating the defined Garden Waste Recycling Service Area and Optional Garden
Waste Recycling Service Area, including frequency of collection.
Page 64 of 84
Section 65
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Ordinary Meeting 21 September 2017, Item 4, Page 13
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 12 September 2017 and
A. Include the Lake Cooroibah urban area, as defined in Attachment 1 to the report, as an
area where Council will provide a garden waste recycling bin to residents, serviced
fortnightly; and
B. Advise owners of the proposed service and invite exemptions from service in accordance
with the current garden waste service policy, prior to delivery of bins and commencement
of service.
Ordinary Meeting, 20 April 2017, Item 1, Page 5
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 11 April 2017 and Council:
A. Approve the Garden Waste Recycling Service Policy including the maps of areas where a
3 bin waste collection service will be provided to single dwellings and duplexes, as
provided at Attachment 1 to the report subject to an amendment to page 13, item 7 to read
as follows:
7 SERVICE EXEMPTIONS
The owner of premises within the defined garden waste service area may apply for an
exemption from the garden waste recycling service where they meet the following criteria:
the owner engages a service provider to perform a gardening service at premises to
either mulch or remove all garden waste to the resource recovery facility or to another
location for an approved reuse of the resource and the service provider supplies a
written undertaking that achieves compliance with the exemption criteria mentioned in
this section; or
the parcel of land on which a single dwelling or duplex is located is 400m² or less in
area.
B. Specify the minimum service level for single dwellings and duplexes within the 3 bin service
areas as 1 x 240 litre general waste bin collected weekly, 1 x 240 litre yellow lidded
recycling bin collected fortnightly and 1 x 240 litre lime lidded garden waste recycling bin
collected fortnightly;
C. Designate the area where an optional garden waste collection service will be provided as
any premises which are not a single domestic residence or duplex located within the
designated 3 bin garden waste service area, or any premises within 5 kilometres of the 3
bin garden waste service areas; and
D. Provide an exemption from the garden waste recycling service to single dwellings or
duplexes which are located on parcels of land which are 400m² or less in area, upon
receipt of a written application for exemption.
Council approved the Waste Collection Contract at Council’s Ordinary Meeting in December
2016. The Contract included the defined waste and recycling collection areas, but these areas
were not specifically presented to Council for adoption by resolution.
Page 65 of 84
Section 66
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Ordinary Meeting, 15 December 2016, Item 7, Page 10
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management
Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B, and
C, for an initial period of 7 years (at an estimated contract value of $46 million)
commencing on Friday 1 September 2017, and including the ability to award a first
extension of contract for a period of two years and a further second extension of one year;
B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
Contract Performance Bonds for each Separable Portion A, B and C as detailed in the
tender documents;
C Accept the option provided in the tender documents for the introduction of a 3 bin waste
collection service to single unit domestic dwellings in the urban areas to include a third bin
for garden waste from September 2017 as detailed in the tender documents, Part E
Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township Areas”
D Agree to the continued provision of an optional garden waste collection service to
commercial and multi-unit domestic premises and other premises within 5 kilometres of the
identified urban garden waste service area;
E Request that staff develop a Policy for the provision of the garden waste service and report
to a future meeting of Council;
F Engage King and Company to finalise the relevant contractual documents including
amendments resulting from contract negotiations and agreed contract departures, for
signing by the successful tenderer.
Finance & Risk
The proposed local law will be referred to a number of government agencies and released for
public comment during the local law making process. It is very desirable that the current waste
management operations under existing legislation are clearly identified to avoid claims that the
new local law contains provisions in excess of current practice.
Consultation
External Consultation - Community & Stakeholder
James Neilson from King and Co provided verbal advice to a large delegation of Council
representatives who attended a Local Government Seminar 1 September 2017 at Local
Government House in Brisbane on the urgent need for councils to develop a local law on waste
management.
During the presentation he also advised that some councils had not correctly implemented the
existing provisions of Section 7 of the Waste Reduction and Recycling Regulations 2011 and the
Environmental Protection Regulations 2008.
Mr Neilson also provided consultation on these issues during when preparing draft Local Law
No.7.
Page 66 of 84
Section 67
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Internal Consultation
Discussed with Director Corporate Services that the Revenue Statement adopted by Council
resolution was considered inadequate to cover the requirements of the waste management
legislation.
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 67 of 84
Section 68
Page 68 of 84
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Page 68 of 84Section 69
Page 69 of 84
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Page 69 of 84Section 70
Page 70 of 84
ATTACHMENT 3
i Keeler
APPROVED STANDARD GENERAL WASTE CONTAINERS - NOOSA COUNCIL
Waste and recycling containers used in Noosa Shire must conform to the standard
described within this document. These containers are provided by Council through council’s
contracted waste collection contractor. Cost recovery for the container is included in the
charge imposed in the Revenue Statement. The following standard waste containers are
hereby approved for use in Noosa Shire.
Standard General Waste Container
140 litre wheelie bin with nature green body and nature green lid or a red lid, fitted with axle
and 2 wheels. (These bins are not available for new services).
240 litre wheelie bin or where the owner requests, a 360 litre wheelie bin with nature green
body and nature green lid or a red lid, fitted with axle and 2 wheels.
Standard Recycling Container
240 litre wheelie bin or where the owner requests, a 360 litre wheelie bin with nature green
body and yellow lid, fitted with axle and 2 wheels.
Standard Garden Waste Recycling Container
240 litre wheelie bin or where the owner requests, a 360 litre wheelie bin with nature green
body and lime coloured lid, fitted with axle and 2 wheels.
Standard Bulk Waste Container
1,100 litre nature green moulded plastic low noise bulk bin with nature green or red hinged
lid fitted with 4 wheels to facilitate movement on site or to the collection vehicle.
A metal bulk waste container with hinged metal or plastic lid, fitted with lugs each side
designed to be serviced by a collection vehicle fitted with forks on a front loading truck in the
following approximate capacities:
1 Cubic Metre
1.5 Cubic metre
2 Cubic Metre
3 Cubic Metre
Standard Bulk Recycling Container
1,100 litre nature green moulded plastic low noise bulk bin with yellow hinged lid fitted with 4
wheels to facilitate movement on site or to the collection vehicle.
2 or 3 cubic metre capacity metal bin with hinged plastic or metal lid, fitted with lugs each
side designed to be serviced by a front loading collection vehicle fitted with forks.
Page 70 of 84Section 71
Page 71 of 84
Standard Bulk Cardboard Recycling Container
1,100 litre nature green moulded plastic low noise bulk bin with yellow hinged lid fitted with 4
wheels to facilitate movement on site or to the collection vehicle.
3 or 4.5 Cubic Metre capacity metal bin with hinged plastic or metal lid, fitted with lugs each
side designed to be serviced by a front loading collection vehicle fitted with forks.
Standard Waste Compactor Container
A metal bulk waste bin fitted with a compaction unit at one end for compacting waste and
designed to be removed from site for emptying at the landfill and then returned on site.
Compactor bins are available as in sizes ranging from 15 cubic metres to 27 cubic metres.
Adopted by Council Resolution 19" October 2017.
Page 71 of 84Section 72
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
6 FINAL SPORT AND ACTIVE RECREATION PLAN
DOCUMENT INFORM AT ION
Author Community Development Manager, Alison Hamblin
Community Services Department
Index ECM/Subject/51.02 Sporting / Recreation and Leisure / Sport and
Recreations Plans
Attachments 1. Sport and Active Recreation Plan 2018
(note: 61 page attachment provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 10 October 2017 and
A. Approve the “Noosa Sport and Active Recreation Plan 2018” provided at Attachment 1 to
the report; and
B. Request the Chief Executive Officer to develop a prioritised 2018/19 implementation plan
for consideration in the 2018/19 budget process.
REPORT
Background
The 2016 Noosa Social Strategy recommends Council develop a Sport and Active Recreation
Plan (the Plan). The Plan will be a guiding document for the continued development of the sport
and active recreation sector in the Noosa Shire. The Plan aims to provide an understanding of
the current status of the local sport and active recreation sector, emerging industry trends as well
as charting a course for the future. It identifies the providers of sport and recreation services and
facilities in Noosa and actions for future development in terms of participation, facility
development and service provision.
A draft Sport and Active Recreation Plan was developed over a nine month period through
extensive community and industry consultation and progressed through a Sport and Active
Recreation Community Reference Group. The draft Plan was presented to Council in July 2017
and approved for public exhibition and comment.
Consultation on the draft Plan commenced with a launch at Noosa Springs Resort with invitations
sent to all Noosa based sport and active recreation not for profit and commercial providers, peak
regional and state sporting bodies and Department of National Parks Sport and Racing
representatives (including QPWS). Since the launch the following engagement techniques have
been used to gather feedback on the draft Plan:
Council Pop Ups and Library displays;
Interviews with State Government agencies;
Individual discussions with key community organisations, service providers and
representatives;
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Individual discussions with Council officers;
Your Say Noosa;
Council website;
Facebook; and
Council Press Release and Community Connections E News (targeting not for profit
organisations in the Shire).
This feedback was then collated, reviewed and provided to relevant stakeholders (including the
Sport and Active Recreation Plan Community Reference Group) for consideration prior to the
development of the final Plan.
Generally, those individuals and organisations who responded to the opportunity for input to the
draft Sport and Active Recreation Plan were complimentary and supportive of the proposed
directions contained in the draft. An overwhelming majority of responses agreed with the
proposed vision and the five principles in the draft. There was significant support for greater
partnerships and networking between government, not for profit and commercial organisations in
the local sport and active recreation industry. Also highlighted was the need for greater
community use of school facilities, in addition to community partnerships with schools to increase
the physical activity of children and young people.
As a result of feedback received some minor amendments were made to the draft text, and
statistics. Finally, an action plan was developed. This action plan has been reviewed by the
Leadership Team, who proposed a small number of changes and additional actions.
A number of the actions identified in the Plan require cross-Council collaboration to implement
including:
Completion of detailed plans (Shire-wide Bicycle Plan, Noosaville Foreshore Land Use
Master Plan, Noosa Community Health Plan, Noosa River Plan);
Review and investigation of current Council policies (commercial use of community land, low
use commercial permits, facility management on Council owned – club leased sports
facilities);
Development of a Desired Standards of Service for sport and recreation facilities;
Provide training and develop action and management templates including guidance materials
for environmentally friendly practices for sport and active recreation providers including
reducing water and energy consumption rates, financial costs, reducing waste and increasing
organic turf management practices;
Review the management models used for sports facilities that are owned or controlled by
Council with the view of prioritising the core activity of the club.
Other actions will be led by external agencies such as Tourism Noosa (eg Noosa Trail Network
Master Plan) or Sport and Recreation Queensland.
Next steps
Actions in the Plan have been broken into short (one to three year), medium (three to five year)
and long (5 to 10 year) term actions.
Recognising that some of the proposed actions in the Plan will require additional resourcing, the
Leadership Team recommended that following its adoption by Council, a 12 month
implementation plan be developed and resourcing for this implementation plan be considered in
the 2018/19 budget process.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
In the meantime (i.e. for the rest of the 2017/18 financial year), the Community Development
team will continue to implement the following actions from the Plan:
Continue to provide sports field maintenance and community project grants, building
insurance cover and water rebates to eligible not for profit sport and active recreation
providers;
Continue to apply for external funding where there is an identified need and assist sport and
active recreation providers to access external funding opportunities that meet their needs;
Input into Council’s Local Government Infrastructure Plan;
Development of the Regional Difficult to Locate Sports Facilities Plan in partnership with
Sunshine Coast and Gympie Regional Councils;
Promote the Commonwealth funded Sporting Schools program and advocate for funding for
the Noosa area;
Continue to deliver and enhance a range of tools and opportunities to develop the
professional capacity of sport and active recreation providers that improve
governance/business practices and pathways for athletes, coaches and administrators;
Advocate for Noosa’s sports providers to be represented in the strategic and facility
development plans of state and regional level sporting organisations;
Continue to engage with not for profit and commercial operators in the delivery of new
initiatives/programs that promote physical activity; and
Support an application for Noosa headland and adjacent beaches to become a World Surfing
Reserve.
Previous Council Consideration
Ordinary Meeting, 20 July 2017, Item 3, Page 10
That Council note the report by the Community Development Officer to the Services &
Organisation Committee Meeting dated 11 July 2017 and:
A. Approve the “Draft Sport and Active Recreation Plan” provided at Attachment 1 to the
report for the purpose of community consultation; and
B. Request the Chief Executive Officer to collate and consider feedback received as part of
the consultation undertaken for further consideration of the Noosa Sport and Active
Recreation Plan by Council.
Ordinary Meeting 18 August 2016, Item 2, Page 8
That Council note the report by the Community Development Coordinator to the Services &
Organisation Committee Meeting dated 9 August 2016 and
A. Approve the Noosa Sport and Active Recreation Plan Project Brief and the proposed Sport
and Active Recreation Reference Group membership provided at Attachment 1 to the
Report and authorise the CEO to finalise the membership of the Reference Group; and
B. Appoint Councillors Jurisevic and Stockwell as members of the Sport and Active
Recreation Reference Group.
Finance & Risk
The cost of implementing the key actions in this plan is beyond the capacity of Council alone. To
this end, Council will be seeking partnerships and strategic alliances with external agencies,
businesses, community groups and individuals to achieve our goals.
The 2018/19 implementation plan will present prioritised actions and clearly identify the additional
resources required to undertake these actions.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Consultation
External Consultation - Community & Stakeholder
In addition to the general engagement techniques used, the draft plan was launched with over 60
people attending and providing feedback. All feedback was then discussed and considered by
the community reference group.
External feedback included:
11 written responses from individuals not representing any specific organisation;
6 written responses from organisations (government, school and clubs);
18 online survey responses received; and
Your Say Noosa.
Internal Consultation
The Community Development branch has held discussions regarding the development of the
final Plan with staff in the following branches:
Building and Facilities;
Community Engagement;
Community Facilities;
Economic Development;
Infrastructure Planning, Design and Delivery;
Planning and Development;
Procurement and Fleet;
Property, and
Strategic Land Use Planning
Departments/Sections Consulted:
x Chief Executive Officer x Community Services x Corporate Services
Executive Officer x Community Development Financial Services
Executive Support x Community Facilities ICT
Libraries & Galleries x Procurement & Fleet
Local Laws x Property
x Waste & Environmental Health Revenue Services
x Executive Services x Environment & Sustainable Development x Infrastructure Services
x Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment x Buildings and Facilities
Governance x Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
7 NOOSA LOCAL DISASTER MANAGEMENT PLAN 2018
DOCUMENT INFORM AT ION
Author Disaster Management & Special Projects Officer, Beth Potter
Infrastructure Services Department
Index ECM/ Subject/ Disaster Management/ Local Disaster Management Plan
Attachments 1. Noosa Local Disaster Management Plan 2018 (Note: 68 pg attachment
provided separately to this report)
2. Membership of Noosa Local Disaster Management Group 2018
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Disaster Management & Special Projects Officer to the
Services & Organisation Committee Meeting dated 10 October 2017 and:
A. Repeal the Noosa Local Disaster Management Plan 2016/2017;
B. Adopt the Noosa Local Disaster Management Plan 2018 as provided at Attachment 1 to
the report for the period 20 October 2017 to 31 December 2018;
C. Devolve responsibility for updating and approving the operational appendices of the Local
Disaster Management Plan 2018 to the Noosa Local Disaster Management Group; and
D. Adopt the list of members and advisors for the Noosa Local Disaster Management Group
as provided at Attachment 2 to the report.
REPORT
1. Local Disaster Management Plan
It is a requirement of the Disaster Management Act 2003 (the Act) that a local government
develops a Local Disaster Management Plan (the Plan) to assist with effective disaster
management for its area. It is also a requirement of the Act that a local government for the area
review, or renew, its Plan when considered appropriate.
The annual assessment of the 2016/2017 Plan against the Emergency Management Assurance
Framework (EMAF) was conducted on 11 September 2017. It is timely, therefore, for Council to
adopt a revised Plan.
This year the review of the Plan has focused on:
Acknowledgement of and alignment with the EMAF;
Updating references to relevant legislation;
Identifying lead agencies for response to risk hazards;
Updating list of State agency support during emergencies to ensure consistency with the
State Plan;
Updating the Plan with 2016 Census data for the Noosa Shire; and
Updating to include the risk reduction strategies undertaken during 2016/2017.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
The 2018 Plan (Attachment 1), was endorsed by the Noosa Local Disaster Management Group
(LDMG) at its meeting on 21 September 2017. It is proposed that the 2018 Plan will commence
on 20 October 2017 (pending Council adoption on 19 October 2017) and conclude on 31
December 2018 to bring this and future Plans in line with the calendar year.
2. Local Disaster Management Plan operational appendices
The Plan has a number of operational appendices. Devolving the responsibilities for updating
and approving these appendices to the LDMG will enable updates and improvements to be made
quickly and as required.
Although the Recovery Plan is an appendix, it is a substantial document and details all aspects of
responsibility for recovery from a disaster. Therefore, it is prudent that a formal review of the
Recovery Plan is undertaken. This review is scheduled for completion in 2018. The reviewed
Recovery Plan will then be presented to Council for adoption.
3. Local Disaster Management Group Members and Advisors
The local government has responsibility for appointing members and advisors to the LDMG.
Only members of the LDMG have voting rights and count towards the meeting quorum.
Members are appointed if the local government is satisfied that the person has the necessary
expertise or experience to be a member of the LDMG.
Advisors to the LDMG provide expertise on an as-needed basis and are invited to attend
meetings.
The membership of the LDMG, and the list of advisors, has been considered as part of the
review of the Plan.
There is one proposed change to the membership of the LDMG with the position of Community
Health Officer being deleted and the responsibilities for that position being transferred to the
Community Support Officer.
There is also one additional advisor proposed which is that the CEO of Tourism Noosa join the
Group. For a full membership list refer Attachment 2.
Previous Council Consideration
Ordinary Meeting, 15 September 2016, Item 3, Page 10
That Council note the report by the Disaster Management & Special Projects Officer to the
Services & Organisation Committee Meeting dated 6 September 2016 and:
A. Repeal the Noosa Local Disaster Management Plan 2015/16 and adopt the Noosa Local
Disaster Management Plan 2016/17 as provided at Attachment 1 to the report, and.
B. Devolve responsibility for updating and approving the operational appendices of the Local
Disaster Management Plan 2016/17 to the Noosa Local Disaster Management Group.
C. Adopt the list of members and advisors for the Noosa Local Disaster Management Group
as provided at Attachment 2 to the report.
Finance & Risk
Regular review of the Plan will assist with ensuring effective disaster management and
compliance with legislative requirements.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Consultation
External Consultation - Community & Stakeholder
Members and advisors of the Noosa Local Disaster Management Group (LDMG)
Internal Consultation
The following Councillors and staff who are members of the LDMG:
Mayor Tony Wellington (Chair)
Cr Joe Jurisevic (Deputy Chair)
Alan (Fox) Rogers (Local Disaster Coordinator)
Ian Florence (Deputy Local Disaster Coordinator)
Alison Hamblin (Acting Recovery Coordinator)
Geoff Atherfold (Community Support Officer)
The following staff who are advisors to the LDMG:
Justin Thomas (Information Technology)
Deb Bambrook (Media Liaison)
Allan Hull (Emergency Operations Team)
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer X Community Development Financial Services
Executive Support Community Facilities X ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development X Infrastructure Services
X Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development X Civil Operations
People and Culture Environmental Services X Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Attachment 2.
Noosa Local Group Membership and Responsibilities
Noosa LDMG Membership as at September 2017
[Role ‘| Position | Responsibilities |
Chairperson | Cr Tony e Tochair Local Group meetings and provide the
Wellington primary link between the Local Group and Council
e Manage and coordinate the business of the Group,
to ensure as far as practicable, that the Group
performs its functions, to report regularly to the
District Group, and the Chief Executive of the
department, about the performance by the Local
Group of its functions
Deputy Cr Joe Jurisevic | e Provide advice and support to the Chair and the
Chairperson Local Group
e Chair Local Group meetings in the absence of the
Chair
e Provide a link between the Local Group and
Council
e Participate in the issuing of public information and
warnings
e Chair the Recovery Committee if required
Local Director e Coordinate disaster operations for the Local
Disaster Community Group, report regularly to the Local Group about
Coordinator Services disaster operations and to ensure, as far as
practicable, that any strategic decisions of the
Local Group about disaster operations are
implemented
e Provide advice and support to the Chair and Local
Group
e Activate the Plan and LDCC when required
Deputy Local | Waste e Undertake the functions and responsibilities of the
Coordinator
Local Community e Coordinate recovery operations for the Local
Recovery Development Group, report regularly to the Local Group about
Coordinator Manager recovery operations and to ensure, as far as
practicable, that any strategic decisions of the
Local Group about recovery operations are
implemented
e Provide advice and support to the Chair and Local
Group
e Activate the Recovery Plan and Recovery
Committee sub group when required
Australian Emergency e Liaison between the agency and the Local Group
Red Cross Services e Responsibilities as identified in the Plan,
Coordinator Qld particularly operational plans for community
support, evacuation centre management and
recovery
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Community Environmental e Responsible for emergency community support
Support Health and evacuation centre management during
Officer Coordinator activation for response and recovery
e Represent the Local Group at the District
Recovery Group
e Responsible for community health during
activation for response and recovery.
Queensland Zone e Liaison between the agency and the Local Group
Fire & Commander
Emergency
Services (Fire
& Rescue
Queensland Regional e Provide advice and support to the Chair and the
Fire & Emergency LDC
Emergency Management e Liaison between the agency and the Local Group
Services Coordinator e Link to and advise on the Qld Disaster
(Emergency Management system
Management) e Assessment of the Plan
Queensland | Senior Ranger e Liaison between the agency and the Local Group
Parks &
Wildlife
Service
Se
Queensland | Officer in e Liaison between the agency and the Local Group
en en [eres
Service Police Station
State Noosa Local e Liaison between the SES and the Local Group
Service
Services
Manager
Noosa Local Group Advisors
Noosa LDMG Advisors as at September 2017
fRole Cd Position
Team
Disability Services
Officer, Noosa Council
Hospital
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Council
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
REPORTS FOR NOTING BY THE COMMITTEE
8 UPDATE ON COUNCIL INFORMATION COMMUNICATION TECHNOLOGY (ICT)
SECURITY
DOCUMENT INFORM AT ION
Author ICT Manager, Justin Thomas
Corporate Services Department
Index ECM/ Subject/ Information Management Strategies
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the ICT Manager to the Services & Organisation Committee
meeting dated 10 October 2017 providing an update on Council’s ICT security.
REPORT
The purpose of this report is to update Council on ICT security including recent security incidents.
1. Phishing testing and training
Phishing is defined as the attempt to obtain sensitive information such as usernames,
passwords, and credit card details, often for malicious reasons, by disguising as a trustworthy
entity in an electronic communication. Phishing is not just a risk for government and business but
to all individuals utilising electronic communication.
As this is a significant risk for Council an ongoing education program has been established to
inform staff regarding the risks of phishing in order to minimise the risk of the loss of sensitive
information (both public and private).
As part of this program ICT sends random test phishing emails to staff using a commercial
phishing testing solution. The program is structured in such a way that if staff are deceived by the
test emails they are presented immediately with online training with the intention to reduce the
risk of future deception. To date four tests have been conducted, with test results indicating that
the risk of phishing is not reducing via current initiatives and Council will need to continue a
disciplined multifaceted approach to security including awareness, training and technology.
2. Service Provider Assurances
Council’s major ICT service providers for cloud and ICT infrastructure have provided assurance
they are certified to the appropriate international Information Security Management Standard
(ISO27001:2013). This certification indicates an organisation has a systematic approach to ICT
security applying a risk management process, control objectives and controls. The certification
provides assurance to Council that our cloud and managed ICT systems are secure.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Provider System provided
TechnologyOne Enterprise systems including property, financials and payroll
Nexon Asia Pacific Server and storage infrastructure, network links and telephony
Genasys Call Centre system
Microsoft Email and Office 365 collaboration tools
Civica Library management system
Velpic Online learning and induction system
In May 2017, TechnologyOne became the first Australian software as a service vendor to be
certified for cloud services by the Australian Signals Directorate (ASD) of the Department of
Defence. The TechnologyOne cloud obtained an “unclassified dissemination limiting marker”
level of certification. This level certification by the ASD indicates the TechnologyOne cloud is
suitable for highly sensitive personal data providing an additional level of assurance to Council.
Procuring cloud based systems from expert external providers with systematic approaches to
security provides a greater level of assurance that Council systems and information are secure.
3. Fraud Incident Attempts
Two recent email impersonation fraud attempts were identified being the first sophisticated fraud
attempts against Council (targeting Financial Services staff). The robustness of Council’s internal
ICT and Finance control frameworks prevented any financial loss. The Queensland Government
Cyber Security Unit and Queensland Police Identity and Cyber Unit were provided copies of the
emails of both incidents to provide them with intelligence.
General and specific internal controls in place to prevent such fraud attempts include:
Educating staff via emailed newsletters, posters and videos regarding cybersecurity risks;
An intranet page providing information and videos on cyber security;
Regular phishing testing;
Email filtering rules;
PC anti-virus systems;
Access restrictions on Council data; and
Procurement and finance policies and processes, segregation of duties and the
establishment of appropriate financial delegations.
Previous Council Consideration
Nil.
Finance & Risk
Risk
Business continuity in addition to failing to meet customer expectations are key risks included in
Council’s strategic risk register. Appropriate ICT security assists in mitigating these risks.
Consultation
External Consultation - Community & Stakeholder
Nil.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 OCTOBER 2017
Internal Consultation
Director Corporate Services.
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities X ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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