2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                        28 APRIL 2015

                   Examples of excluded local laws include:
                          -   A local law that prohibits the bringing of dogs into a public mall to protect               i
                              the health and safety of customers is exempt from a review of the anti-
                              competitive provisions that may be creating barriers to any businesses                      i
                              that rely on dogs being brought into the mall                                               |
                          -   A local law requiring an administrative approval to reserve a community                     |
                              hall for a wedding is exempt from a review of the anti-competitive                          i
                              provisions that may be creating barriers to commercial wedding planners                     |
                              from using the hall.

                   Step 3. Conduct preliminary assessment
                   If an anti-competitive provision has been identified and not excluded (under steps 14
                   and 2 above), the local government must undertake an assessment of the anti-
                   competitive provisions to determine whether significant impacts will exist if the
                   provisions are adopted.
                    In determining whether significant impacts will exist, the local government must
                   consider the following factors:
                           1)  the probability of impacts occurring
                           2)  the size and characteristics of the affected businesses
                           3)  the intensity of the potential impact on affected businesses
                           4)  whether particular businesses will incur a disproportionate impact
                           5)  the duration of the impact (for example ongoing or “one-off”)
                    Examples of potential significant impacts include:
                           -  Where a local law will impact on a relatively significant number of
                              businesses
                           -  Where a local law will impose significant restrictions on business
                              operating in the local government's area
                           -  Where businesses will be required to pay a substantial yearly license fee
                              to operate
                           -  Where one type of business will be regulated to a lesser degree than
                               other businesses providing the same or similar products.

                    Step 4. Outcome of preliminary assessment
                    The actions to be undertaken by the local government following the preliminary
                    assessment depend on whether there is considered to be significant impacts in
                    relation to the anti-competitive provisions.

                    No Significant Impacts are ideniified
                    Where a local government determines there are no significant impacts from the anti-
                    competitive provisions, the local government is not required to undertake any further
                    review of the anti-competitive provisions but must notify the community of the
                    existence of the anti-competitive provision when making the local law.

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