2018-03-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                   6 MARCH 2018


   development of a Public Interest Test Plan to review the anti-competitive elements of the
     local law;
   inviting State Government entities to comment on the local law;
   inviting public comment on the proposed local law by advertising for a period of 21 days,
     concurrently notifying relevant industry and inviting their submissions.

2.   Referral to 27 State Entities
Following Council’s resolution to propose to make Local Law No 7, the draft documentation was
referred to 27 Government entities for comment about the overall State Interest. These entities are
listed in Attachment A, Annexure C in the Public Interest Test Plan Report (Attachment 1). Only 5
of the Government entities responded to Council and none of the responding entities objected to
the local law or offered comments requesting amendment.

3.   Public consultation – Noosa Community and Industry Stakeholders
Public advertising of the proposed local law occurred in Noosa News on 12 January 2018 and
responses closed at 5pm on 2 February 2018 after the required 21 day advertising period. It is
interesting to note that there were no submissions from the general public.
Submissions were received from the following two industry stakeholders:
   Waste Management Association of Australia; and
   Waste and Recycling Industry of Queensland
These two submissions were closely reviewed in accordance with the Public Interest Test Plan
developed for reviewing the proposed local law. A summary of the submissions and responses to
the submissions are detailed in Attachment A of the Public Interest Test Plan (Attachment 1).

4.   Change of title
The title of the proposed local law when it was developed and advertised was Local Law No.7
(Waste Management) 2017. The year 2017 needs to be changed to 2018 to reflect that the local
law is being introduced in 2018 in accordance with the State Government Guidelines for drafting
local laws. The title will be changed to Local Law No.7 (Waste Management) 2018.

5.   Remaining procedural steps to finalise the local law making process
Pending Council’s approval to make the local law, after its consideration of the assessment of
anticompetitive elements of the local law and the review of the submissions from Industry
Stakeholders, it is recommended that the remaining procedural steps required to finalise the local
law making process are undertaken as soon as possible, given that the relevant state legislation
provision will expire 30 June 2018. The remaining steps include:
   Publishing a public notice on Council’s Website that Council has made the local law;
   Publishing a notice in the Queensland Government Gazette;
   Providing the Minister of Local Government with a copy of the Gazette Notice, a copy of the
     local law in electronic form and advice of each anti-competitive provision in the local law and
     the reasons for their inclusion; and
   Updating Council’s register of local laws.
Pursuant to section 32 of the Statutory Instruments Act 1992, the local law will commence on the
date on which the notice of making of the same is published in the gazette. Therefore, the above
steps must be finalised well in advance of 30 June 2018.
Once the local law making steps have been finalised and prior to 30 June 2018, a further report
will be brought to Council regarding the commencement of operating under the new local law.


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