2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                            10 OCTOBER 2017


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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