2018-03-06 S&O Agenda - Attachment 1 to Item 2 - Public Interest Test Report

Noosa Council - Public Interest Test Report: Proposed Local Law No. 7 (Waste
Management) 2017
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measures are required to assist such groups. Transitionary measures may, as an example,
involve implementing reform over time or targeted assistance measures.
The aim of the NCP reform program is to deliver tangible benefits to all sectors of the
community. This is to be achieved by limiting anti-competitive conduct and removing special
advantages of government business activities where it is in the public interest to do so.

4.      The consultation process
The NCP requires Council to undertake a public benefit test process. Under the public benefit
test process, Council is required to take into consideration an array of public interest matters
including the environment, employment, social welfare and community interests.
Consideration of social impacts is an integral part of the NCP review process.
Social impacts are anything that will change a community’s cultural traditions or alter the ways
in which people live, work, play, relate to one another, organise to meet their needs, and
generally cope as members of society. An NCP review process is not a review of economic
considerations alone.
As part of the NCP review process, sufficient time must be allowed for informed community
participation in the review. The level and nature of participation is determined on a case by
case basis.
In this instance, Council determined that consultation be conducted by giving public notice of
the proposed local law in a local newspaper and inviting submissions. Also, public notices
were posted on public noticeboards in Council’s public office, and on Council’s website.
Letters were sent to representative bodies of stakeholder groups advising of the proposed
local law and inviting submissions. The public notice advised that consultation on anti-
competitive provisions was being conducted in conjunction with the public consultation about
the proposed local law.
In response to the public consultation undertaken by Council:-
       (a)     the national peak body for all stakeholders in the waste and resource recovery
       industry, the Waste Management Association of Australia (WMAA), delivered a
       submission to Council for its consideration; and
       (b)    the industry representative body, the Waste, Recycling Industry Association of
       Queensland Inc (“WRIQ”), which represents more than 90 Queensland based
       organisations ranging from large multi-national organisations through to small family
       operated enterprises, delivered a detailed submission.


5.      Report about the results of the consultation process
The report to Council, of which this public interest test report forms part, refers to submissions
received and arguments presented (for consideration by Council) about the public consultation
process, including public consultation in relation to possible anti-competitive provisions.


6.      Type of assessment
Council has previously made a determination about the depth of analysis and degree of rigour
required for its assessment. Council determined that it would be appropriate to undertake an
assessment which complied with the following principles set out in the National Competition
Policy Guidelines (Guidelines) for conducting reviews of anti-competitive provisions in local
laws:-