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
                                                                                                                                                                                     34

                                   (a)       Under section 38 of the Local Government Act 2009, the Council cannot make a
                                   local law that contains an anti-competitive provision unless Council complies with the
                                   procedures prescribed under a regulation for the review of an anti-competitive process.
                                   Section 15(3) states that the procedures to be complied with are set out in the National
                                   Competition Policy - Guidelines for Conducting Reviews on Anti-Competitive Provisions in
                                   Local Laws (Competition Policy Guidelines). A copy of the Competition Policy Guidelines
                                   is annexure B to these submissions.

                                   (b)      Under section 4 of the Competition Policy Guidelines, the review process must
                                   include "meaningful consultation with relevant businesses about the anti-competitive
                                   provisions".

                                   (c)      As set out at paragraph 2(a) above, the State Government is intending to remove
                                   the expiry date in its regulation. As such, there is no justification for Council to rush through
                                   the consultation process, particularly given the significant impact the proposed law will have
                                   on local business.

                                   (d)       WRIQ reserves fits rights to make future submissions in respect to the proposed
                                   local law and / or challenge the proposed local law on the basis that Council has failed to
                                   follow the Competition Policy Guidelines.

                                   4.       Conclusion

                                   Industry strongly objects to the enactment of the proposed local law. As set out above, such
                                   law is anti-competitive and fails to deliver or demonstrate any public benefit. Council has
                                   provided no evidence, research or statistical information, reports or other information that
                                   demonstrates the community imperative for the making of the law. Further, the proposed
                                   local law puts the Council in a position to continue to breach the competitive neutrality
                                   principle enshrined in the Local Government Act 2009, to which the Queensland
                                   Competition Authority has already determined should be attended to.

                                   Industry retains and reserves its rights to challenge the proposed local law on this basis.

  Waste Management                 WMAA does not support the proposed repeal of the Environmental Protection Regulation                The proposed local law:
  Association of Australia         2008, Chapter SA. It is our preference that this head of power remain within state                     is a replication of state legislation and is
  (WMAA)                           legislation to provide a consistent approach to the management and regulation of waste                  a lost opportunity for innovation.
                                   services, within all local government areas in Queensland. It is acknowledged that a                   objectives could be achieved through
  {redacted}                       uniform state -wide approach provides a better waste management solution for                            other mechanisms, such as contract
                                   government, the community and business. This repeal instigates a requirement for                        prescription.
  ‘is the national peak body for   incorporation of chapter SA provisions into individual local laws, which is considered
  all stakeholders in the waste    unnecessary administration to be undertaken by already overstretched Queensland                     No proposed actions.
  and resource recovery            Councils.