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2019-05-07 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 34 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                  7 MAY 2019

                                         LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

  Subordinate local Law:        Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019
  Purpose:                      The purpose of the subordinate local law is to amend Subordinate Local Law No. 1 (Administration) 2015 and Subordinate Local
                                Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.

          Anti-competitive                      Relevant criteria                                        Explanatory Comments
              Provisions
   Subordinate local law section 6 | 5— prescribed standard                   Regulates the process for the grant of an approval which may have an impact on
   (Insertion of new sections 12(1), | 7 — business restriction               the conduct of a business activity.
    12(3), and 12(5) to 12(13))      10 — permit requirement
   Subordinate local law section 6 | 5 — prescribed standard                  The local government may, by subordinate local law, declare that section 6(2) of
   (Insertion of new section 12(2)) | 7 — business restriction                the authorising local law does not apply to a prescribed activity or a particular
                                                                              activity that is within the category of a prescribed activity. The new section 12(2)
                                                                              prescribes standards for the undertaking of the prescribed activity of the
                                                                              installation of an advertising device which must be complied with in order for
                                                                              section 6(2) of the authorising local law to not apply to the activity. The
                                                                              requirement for compliance with the prescribed standards may have an impact on
                                                                              the conduct of a business activity.
   Subordinate local law section 6 | 5— prescribed standard                   For the prescribed activity of the installation of advertising devices, the undertaking
   (Insertion of new section 12(4)) | 7 ~— business restriction               of the prescribed activity is prohibited in the circumstances specified in section 6 of
                                                                              schedule 10. The prohibition may have an impact on the conduct of a business
                                                                              activity.
   Subordinate local law section 7 | 5— prescribed standard                   The power to impose conditions and examples of subject matter for conditions
   (Insertion of new schedule 10)   7 — business restriction                  which form part of the process for the grant of an approval. The imposition of
                                     10 — permit requirement                  conditions may have an impact on the conduct of a business activity.
                                                                              Prescribes standards for the undertaking of the prescribed activity of the
                                                                              installation of an advertising device which must be complied with.     The
                                                                              requirement for compliance with the prescribed standards may have an impact on
                                                                              the conduct of a business activity.
                                                                              Regulates the process for the grant of an approval by constraining the Council’s
                                                                              discretion which may have an impact on the conduct of a business activity.
                                                                              Prohibits the undertaking of the prescribed activity of the installation of advertising
                                                                              devices in specified circumstances. The prohibition may have an impact on the
                                                                              conduct of a business activity.

                                                                                                                                               Page 34 of 63
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