2018-03-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                    6 MARCH 2018


Previous Council Consideration
Ordinary Meeting Minutes, 19 October 2017, Page 6, Item 3
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 October 2017 and:
A.   Propose to make the proposed Local Law No. 7 (Waste Management) 2017 (provided at
     Attachment 1) in accordance with Council Local Law Making Process;
B.   Note that Council will comply with the procedures prescribed under section 15 of the Local
     Government Regulation 2012 to review the possible anti-competitive provisions in the
     proposed local law, which are identified in Attachment 2;
C.   Note that Council will consult with relevant State Government entities about the overall State
     interest in the proposed local law; and
D.   Note that Council will consult with the public about the proposed local law for at least 21 days
     and comply with the requirements of the public consultation process as outlined in Council’s
     Local Law Making Process.

Finance
There are significant financial implications around the proposal by State Government to repeal
sections of the Environmental Protection Regulations and the Waste and Recycling Regulations
dealing with Waste Management, which will take effect from 1 July 2018.

A failure to provide supporting legislative frameworks (i.e. a local law) to manage waste in the
absence of state legislation will lead to serious consequences and an inability to require
appropriate levels of control over:
    Storage, servicing and removal of waste;
    Regulating disposal of waste at waste facilities; or
    Ensuring that an act or omission does not result in:
       Harm to human health or safety, or personal injury;
       Property damage or loss of amenity; or
       Environmental harm or environmental nuisance.

The financial implications of the above could lead to:
    a substantial loss of rating revenue from waste collection;
    contractual loss and challenges for loss of revenue from the waste collection contractor;
    increased surveillance costs and additional staff required to monitor impacts on health, waste
      and the environment.

Risks & Opportunities
Public Interest Test Report (Attachment 1) shows a comprehensive summary of the impacts
(Risks) if Council does not adopt the proposed Local Law No 7.

Consultation
External Consultation - Community & Stakeholder
King and Company for legal advice on the proposed local law and procedural issues for making
the local law.
Gold Coast City Council who recently implemented a similar local law.
State Government entities that may have an interest in the local law seeking any conflicts between
the local law and their business, particularly anti-competitive elements.
Local Industry Stakeholders, the Noosa Community and industry that have an interest in Waste
Management and are impacted by the Local Law.


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