2019-02-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                            12 FEBRUARY 2019


   Implementing changes to Administrative Local Law 1 to facilitate a risk based annual
     inspection program of industrial premises within Noosa Shire which could breach the
     provisions of the Environmental Protection Act and regulations made under that act and
     cause environmental pollution;
   Providing for the recovery of fees for undertaking the annual inspection program to recover
     the costs associated with inspections and any environmental testing required; and
   Working in partnership with industry to facilitate dissemination of information on
     environmental compliance and sharing of knowledge within the various industry groups.
The preferred option to implement such a program required a local law amendment under the
Administrative Local Law No.1. Subsequent reviews of legislation show this option appears no
longer legally possible.

3. Draft Noosa River Plan
Council is currently developing a Noosa River Plan which is approaching finalisation. The Draft
Noosa River Plan makes reference to the impact of Industrial businesses on water quality in the
Noosa River and the importance of managing industrial pollutants and the impact of these on
water quality run off into the Noosa River. Draft objective 9 in the plan includes management
responses to:
   Continue to conduct risk based annual inspections to monitor compliance of ERA licensed
     industrial operations
   Conduct risk-based annual inspections of non-ERA licensed industrial operations to
     monitor activities.
These objectives are reflected in Section 4.1 Action Plan under items 24 and 25.
The objectives of the Draft Noosa River Plan directly align with the proposed industrial premises
inspection program promoted in this report.

4. Hinterland Waterways
A number of industrial premises are located within the rural Townships of Cooroy, Pomona and
Kin Kin. Previous inspections of these industrial premises show they have the potential to
negatively impact on the water quality of rural waterways such as the six mile creek. These
industrial premises are proposed to be included in the systematic inspection program.

5. Legal Authority to Conduct Inspection Program
A local law amendment was thought to be the most appropriate way to manage an inspection
program, given the existing local law approval procedure in Council’s Local Law No. 1. The local
law would allow certain activities to be prescribed, and subsequently require approval.
An amendment to this local law was drafted, however legal advice received has deemed that
Council cannot require an approval to operate under a local law. The local law would conflict with
State legislation which does not require an approval to operate.
Council officers investigated other options to enable the program:

OPTION 1 Use of Current Legislation - Powers of Entry
The Environmental Protection Act 1994 s452 (h) allows for an Authorised Officer to enter a
property where an industry is conducted, when the business is open for business or otherwise is
open.
The Local Government Act 2009 s133 allows an Authorised Officer to enter a private property
without permission, under an approved inspection program to inspect properties to ensure
compliance with Local Government Acts, (which includes other Acts enforced by Local
Government).


                                                                                   Page 7 of 130