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2018-04-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                       10 APRIL 2018


8                        PROPOSED AMENDMENTS TO LOCAL LAWS
DOCUMENT INFORM AT ION




Author                              Governance Advisor, Paul Bright
                                    Executive Services Department

Index                               ECM/ Subject/ Local laws

Attachments                         1.    Administration and Other Local Laws (Amendment) Local Law
                                          (No. 1) 2018;
                                    2.    Administration and Other Subordinate Local Laws (Amendment)
                                          Subordinate Local Law (No. 1) 2018;
                                    3.    Schedule for Public Interest Test;
                                    4.    List of likely anti-competitive provisions


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 April 2018 and:
A.                       Resolve to propose to make Administration and Other Local Laws (Amendment) Local Law
                         (No. 1) 2018 (as provided at Attachment 1);
B.                       Resolve to propose to make Administration and Other Subordinate Local Laws
                         (Amendment) Subordinate Local Law (No. 1) 2018 (as provided at Attachment 2);
C.                       Resolve pursuant to section 257 of the Local Government Act 2009 (“the Act”), to delegate
                         to the Chief Executive Officer of Council its powers under section 38 of the Act and
                         section 15 of the Local Government Regulation 2012 to decide —
                         1.   how the public interest test of the local law and/or subordinate local law particularised
                              in the schedule (as provided at Attachment 3) is to be conducted; and
                         2.   the matters with which the public interest test report in relation to the local law and/or
                              subordinate local law particularised in the schedule must deal; and
                         3.   the consultation process for the public interest test and how the process is to be used
                              in the public interest test.
D.                       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 laws, which are identified in Attachment 4;
E.                       Note that Council will consult with the public about the proposed local laws for at least 21
                         days and comply with the requirement of the public consultation process as outlined in
                         Council’s Local Law Making Process;
F.                       Authorise the CEO to formalise any required written agreements between Council and:
                         1.   The Director General of the Department of Transport and Main Roads with respect to
                              nominating State controlled roads within the Shire for which the Noosa Shire Council
                              Local Law No. 1 (Administration) 2015 will apply, and
                         2.   The Director of the Department of National Parks, Sport and Racing with respect to
                              including the identified National Park carparks as Regulated Off Street Parking under
                              Local Law No. 5 (Parking) 2015.


                                                                                                        Page 52 of 91
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