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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     (a)         consultation with relevant businesses about the anti-competitive provisions;
     (b)         examination of the reasonable alternatives to the anti-competitive provisions;
     (c)         a cost benefit analysis that involves calculating the value of the impacts, both
                 positive and negative, of the anti-competitive provisions; and
     (d)         determining whether, on balance, the anti-competitive provisions should be
                 retained in the proposed local law in the overall public interest.
Council determined that its assessment should be conducted by Council as a minor
assessment with an emphasis on qualitative analysis with key impacts expressed in monetary
terms where data is available. Council determined that the review should be conducted in-
house by a team of Council officers.

7.         Background for assessment
Council’s assessment was made against the background of the following considerations:-
           (a)     under the Environmental Protection Regulation 2008, Chapter 5A (Chapter 5A),
                   Council is currently responsible for the regulation of waste management in its
                   local government area and Chapter 5A applies in Council’s local government
                   area unless:-
                   (i)     Council makes a local law about waste management for its local
                           government area; and
                   (ii)    the local law states it replaces Chapter 5A;
           (b)     the proposed local law is about waste management for the local government area
                   of Council and, for practical purposes, replaces, and for that matter replicates,
                   the content of Chapter 5A;
           (c)     under the Waste Reduction and Recycling Regulation 2011, section 7 (section
                   7), Council may:-
                   (i)     by resolution, designate areas within its local government area in which
                           Council may conduct general waste or green waste collection; and
                   (ii)    decide the frequency of general waste or green waste collection in the
                           designated areas.
           (d)     under the proposed local law, Council preserves its right to, (as is the case
                   under section 7):-
                   (i)     by resolution, designate areas within its local government area in which
                           Council may conduct general waste or green waste collection; and
                   (ii)    decide the frequency of general waste or green waste collection in the
                           designated areas.
Under section 7, Council has previously adopted a restricted approach towards the designation
of areas in respect of which Council may conduct general waste collection and decide the
frequency of general waste collection in the designated areas.
Each of Chapter 5A and section 7 are due to expire on 1 July 2018. The extension of the date
by which each of Chapter 5A and section 7 will expire has been the subject of submissions to
the State Government by each of the Local Government Association of Queensland and
Waste, Recycling Industry Association of Queensland (WRIQ). However, there has been no
concrete indication that such an extension will be granted.
The object of the proposed local law is to protect the public health, safety and amenity related