2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                              10 OCTOBER 2017


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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