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2021-03-09 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    9 MARCH 2021


                                                                    Attachment 3




                                                  Page 111 of 173

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                        9 MARCH 2021

                                                                                                                                                                             Attachment 3

                                   Attachment 3: LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

       Local Law:                    Administration (Amendment) Local Law (No. 1) 2021.
       Purpose:                      The purpose of the local law is to amend Noosa Shire Council Local Law No. 1 (Administration) 2015.

       Anti-competitive                   Relevant criteria                       Explanatory Comments
                   Provisions
        Local law section 5               5 — prescribed standard                 The provision identifies, for the purpose of the local law, the prescribed activity of the
        (Amendment of schedule 2          7 — business restriction                operation of short stay letting or home hosted accommodation. Under the local law:-
        (Prescribed activities)           10 — permit requirement                 (a)   an approval is required in respect of the undertaking of the prescribed activity;
                                                                                        and
                                                                                  (b)   the local government has a discretion about the granting of approvals; and
                                                                                  (c)   if an approval is granted by Council—the approval may be granted subject to
                                                                                        conditions prescribed by Council; and
                                                                                  (d)  ap, approval is not required in respect of the undertaking of the prescribed
                                                                                        activity in specified circumstances.

       Subordinate Local Law:        Administration (Amendment) Subordinate Local Law (No. 1) 2021.
       Purpose:                      The purpose of the subordinate local law is to amend Subordinate Loca! Law No. 1 (Administration) 2015.

       Anti-competitive                   Relevant criteria                       Explanatory Comments
                   Provisions
        Subordinate Local law section 5 | 5 — prescribed standard                 e  Imposes a requirement to obtain an approval in respect of the undertaking of the
        (Insertion of new schedule 214 | 7 — business restriction                    prescribed activity and may have an impact on the conduct of a business activity,
        — Operation of short stay letting | 19 — permit requirement                  and in particular, the prescribed activity of the operation of short stay letting or
        or home hosted                                                               home hosted accommodation.
        accommodation)                                                            e  Regulates the process for the grant of an approval by constraining the Council's
                                                                                     discretion.
                                                                                  e  The power to impose conditions and examples of subject matter for conditions
                                                                                     which form part of the process for the grant of an approval. The imposition of
                                                                                     conditions may have an impact on the conduct of a business activity.

                                                                                                      Page 111 of 173
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