2019-02-12 Attachment 1 to Item 7 - Short Term Accom Online Platform Issues Paper

In Queensland, local governments are able to make and enforce local laws, suitable to their needs
and resources, to achieve specific purposes. The use of local laws is empowered by the Local
Government Act 2009, which also limits the powers of local government to make certain local laws.

As discussed in Section 6, several other local governments within Australia are utilising local laws
as statutory instruments to achieve better regulation, compliance and tailored control of short term
holiday accommodation within their regions.

An effective action for Council to achieve compliance and regulation may be the creation and
implementation of a tailored local law to address property registration, public residential amenity
issues such as rubbish management, smoke alarm compliance, pool safety compliance and
collection and parking of vehicles on roads and off-street parking areas. A further action may be a
local law that requires hosts to conduct regular safety inspections of their homes.

This can be achieved by Council independently drafting a local law, in accordance guidelines issued
by the Queensland Parliamentary Council under the Legislative Standards Act 1992. Council would
be required to:
 consult directly with the state in checking state interests in relation to proposed local laws,
 review proposed local laws for anti-competitive provisions,
 make local laws by resolution of council, and
 notify the public and the Minister for Local Government of any new local laws and make copies
    available for inspection or purchase

A pathway to develop a new local law to address short term rental accommodation within the shire
is for the Queensland Government to prepare a model local law. A model local law is a law approved
by the Minister for Local Government that is suitable for adoption for local governments throughout
Queensland.


8.4.6    Review Process – Legality and Enforceability
It may be prudent for Council to consider the longer term administrative, structure and resourcing
enforceability of any legislation, monitoring, registration and local laws put in place, to ensure that
any responsive actions are executed to achieve the desired outcome and fulfil the guiding principles.


8.5      Social Responsive Actions
Council’s social response should target the erosion of social capital and residential amenity resulting
from overtourism and tourism gentrification, acknowledging that there are limitations to growth, and
establishing a position regarding the prioritisation of resident welfare above the tourism growth.
Levels of visitation should fit within a destination’s capacity, and this should be reflected within
Council’s response. There are a range of effective and actionable responses for Council, outlined as
follows.


8.5.1    Development of Hosting Guidance Materials
Whilst accommodation share-economy platforms provide some guidance for hosts on development
rules for their guests that are considerate of neighbour amenity, there is scope for the guidance to
be expanded with Council driven material that seeks for consistent and appropriate setting of house
rules.




Short Term Accommodation - Online Platform Response Issues Paper                               Page 36