2017-08-14 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  14 AUGUST 2017


3.    Reasons for the Repeal of the Legislation

The waste industry has been actively lobbying the State for several years to gain control of
commercial waste and has allegedly been financially contributing to both political parties to
support their proposals. There is nothing in the current legislation to prevent a local government
from performing a waste service at all premises within its area including commercial premises. In
fact, commercial operators have intruded into some Local Government serviced areas in conflict
with current waste collection contracts.

4.    Proposed Motion to the Local Government Association Conference

It does not make sense for all of the Queensland Local Governments to draft local laws when the
current legislation adequately allows for the collection of waste and the mechanisms for ensuring
that this operates effectively. Adequate requirements are enshrined in the current legislation.

Given the current concerns by Local Government to the proposed legislative changes it has been
suggested by the Noosa Mayor and by the Local Government Association that it may be helpful
for a motion to be put to the next Local Government Conference objecting to the changes
proposed.

It is suggested that Local Government resist the repeal of Part 2A and Chapter 5A due to the
serious additional workload, substantial costs and obvious legislative inconsistency that will arise
across Queensland if the legislation is repealed and replaced by individual local laws.

If the State does not accept this position then Local Government should argue for full cost
recovery from the State for the development of local laws and their implementation, as this will
achieve nothing that the current legislation does not achieve. (However, this is not a preferred
position).

Previous Council Consideration

The proposed repeal of the legislation has been mentioned to Council verbally on several
occasions.

Finance & Risk

One Local Government has spent between $30-$40,000 to draft suitable local laws according to
the LGAQ. Any local law dealing with waste will require a public interest test and examination of
anti-competitive behaviour and competitive neutrality. Discussions with AEC Group (consultants)
indicate that a sum of $30,000 would be a reliable estimate given the potential involvement of the
waste industry in Noosa local laws. It is likely that the costs to Noosa Council will be considerable
given that Noosa is one of a significant number of councils that the waste industry have targeted
with negative press. Many councils have different views on this issue so a model local law will be
unlikely to suit all local governments requiring individual local laws to suit the objectives of each
council.

LGAQ advise that this imposition of costs for development of local laws is a cost burden that is
contrary to their position adopted with the State. Such changes to legislation should have no
financial impact upon local government. LGAQ have suggested that the State should
compensate each Local Government for any costs incurred in developing relevant local laws, if
the current legislation is repealed.




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