2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     28 APRIL 2015


The LGR provides that the procedures that must be followed are contained in the ‘National
Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local
laws’ developed by the Department (provided at Attachment 6).

An assessment of the anti-competitive provisions contained in the proposed local
subordinate local laws is contained in the Anti-competitive provisions assessment (provided
at Attachment 6). This assessment has followed the Department Guideline.

The relevant anti-competitive provisions identified in proposed local law No 1 and No 4 and
proposed subordinate local law No 1 and No 4, are anti-competitive only to the extent that
they create some barriers to entering the market and also require businesses to comply with
various standards, which are considered appropriate. The identified barriers to entry to the
market are considered reasonable to ensure appropriate community standards and
expectations are met.

The effects of such anti-competitive provisions are not considered significant and do not
restrict competition between businesses in the market. All businesses are treated equally
under the proposed suite of local laws.

4.    Requirement for further consultation
Given the fact that no significant anti-competitive provisions have been identified in the
proposed suite local laws, and that the amendments following public consultation proposed
to subordinate local laws No 2 and No 6 outlined above are not significant, it is not
considered that any further public consultation is required before making the proposed local
laws, proposed subordinate local laws and amended proposed subordinate local laws.

5.    Timing for commencement of new suite of local laws

Should Council decide to make the proposed suite of local laws and repeal the existing suite
of local laws, it is recommended that this change take place on 1 July 2015. The reason for
this is that July 1 is the beginning of the new financial year and aligns well for organisational
reporting and fees and charges purposes.

The recommendations identify that the existing local laws and existing subordinate local laws
should be repealed on 30 June 2015 with the new local laws and new subordinate local laws
to commence on 1 July 2015. The reason for this approach is that there are specific
provisions in the Acts Interpretation Act which address when the repeal of subordinate
legislation applies and when the adoption of new subordinate legislation applies.

The effect of sections 15B and 18 of the Acts Interpretation Act 1954 is that the repeal of
subordinate legislation will take effect at the end of the day that they are repealed (in this
case, at the end of 30 June 2015) and the commencement of subordinate legislation will
commence at the beginning of the day that it applies (in this case, at the beginning of 1 July
2015).

Previous Council Consideration

At the Ordinary Meeting, 28 August 2014, Council adopted the Council Local Law Making
Process.

At the Ordinary Meeting, 12 February 2015, Council resolved to adopt the proposed Noosa
Shire Council local laws No 1 to No 6, and the proposed Noosa Shire Council Subordinate
local laws No 1 to No 6, for the purposes of the consultation process.



                                                                                   Page 179 of 211