2018-03-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                    6 MARCH 2018


2                        ADOPTION OF LOCAL LAW NO 7 (WASTE MANAGEMENT) 2017
DOCUMENT INFORM AT ION




Author                              Manager Waste and Environmental Health, Wayne Schafer
                                    Community Services Department

Index                               ECM/Subject/Local Law Governance


Attachments                         1.    Noosa Council Public Interest Test Plan Report (41 page attachment
                                          provided separately to this report)

                                    2.    Proposed Local Law No.7 (Waste Management) 2017



EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 6 March 2018 and
A                        Note that Council has consulted with relevant government entities about the overall State
                         Interest in Local Law No. 7 (Waste Management) 2017;
B                        Note that Local Law No. 7 (Waste Management) 2017 contains anti-competitive provisions;
C                        Implement the recommendations of the Public Interest Test Report about Local Law No. 7
                         (Waste Management) 2017 as provided in Attachment 1; and
D                        Make Local Law No. 7 (Waste Management) 2017 as advertised, but amended by the
                         omission of each reference to ‘2017’, and the insertion instead of a reference to ‘2018’.
E.                       Authorise the CEO to coordinate the remaining procedural steps in accordance with the local
                         law making process.



REPORT
This report deals with the adoption of proposed Local Law No.7 (Waste Management) 2017
following referral to State Government entities for comment and subsequent invitations for
comment from the public and relevant industry stakeholders.

1.                       Background

The State Government intends to repeal Environmental Protection Regulation 2008, Chapter 5A
(Chapter 5A) dealing with management of waste in local government areas and Waste Reduction
and Recycling Regulation 2011, section 7 (section 7) which deals with Council’s ability to designate
areas of the shire where it intends to provide waste collection services and to determine the
frequency of collection services. The latest advice is that the repeal will become effective from 1
July 2018.

To ensure continuity, the State Government recommended local governments adopt local laws to
replicate the provisions of the repealing legislation. A draft local law was prepared by King and
Company and submitted to Council as proposed Local Law No.7 (Waste Management) 2017.
Council agreed to propose to make this local law and proceeded to implement the local law making
procedures including:


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