2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                               10 OCTOBER 2017


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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