2019-12-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                              16 DECEMBER 2019


4.    Statutory process
The draft local law has been prepared and publicly notified in accordance with Council’s Local
Law Making Process Policy (the Policy). In particular, Step 6 of the Policy states that if changes
are proposed to the draft local law following public notification, that are considered substantial,
Council may consult with the public for a further period of 21 days.
The draft local law was renotified following substantial changes from the first version for 21 days.
Further changes proposed to the draft local law outlined in this report are not considered
substantial and therefore no further public consultation is required.
State consultation
Consultation with State government agencies was undertaken on Administration (Amendment)
Local Law (No.1) 2019 for a period of 4 weeks from 17 May until 14 June 2019. Eleven State
agencies responded raising no concerns with the draft local law.
Separate to this, following the amendments to Council’s local laws in 2018, the Department of
Transport and Main Roads gave written agreement in June 2018 confirming the advertising
devices that will be managed on state controlled roads. A further approval request will be made
to the Department with regard to the draft local law prior to Council’s adoption of the consolidated
versions of the local laws.
Public Interest Test Plan
The draft local law contains anti-competitive provisions requiring compliance with the procedures
under section 15 of the Local Government Regulation 2012 and the National Competition Policy.
A list of anti-competitive provisions has been compiled in Attachment 4. A Public Interest Test
Plan was prepared and publicly notified during both public consultation periods.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest.
The public interest test report in Attachment 2 provides the results of the public interest test.. It
summarises the assessment of costs and benefits and presents the information in a format that
allows Council to determine whether there is a net community benefit in retaining the restriction
on competition (ie. retaining the anti-competitive provisions).
Overall, the report concludes that while the provisions reviewed are anti-competitive, the benefits
to the community of retaining them outweigh the costs and provide the most appropriate way of
achieving the objectives of the local law.
5.    Implementation of local law amendments
Following Council’s adoption of the amendments to the local laws, a consolidated version of the
Local Law No. 1 (Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015
and Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015 will be prepared to incorporate the amendments.
A separate report requesting Council adopt the consolidated versions will be submitted to Council
in early 2020 to coincide with the anticipated commencement of the new Noosa Plan.
Following this, a notice will be placed in the government gazette and Council’s website and the
Minister will be notified.
Previous Council Consideration
Ordinary Meeting Minutes, 17 October 2019, Item 1, Page 13
That Council note the report by the Principal Strategic Planner to the Planning and Environment
Committee dated 8 October 2019 and the further report to the Ordinary Meeting dated 17
October 2019 and resolve:
A.    To make the following changes to Administration and Other Subordinate Local Law
      (Amendment) Subordinate Local Law (No.1) 2019:

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