2017-10-10 Services & Organisation Committee Agenda

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.




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