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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local law. The provisions replicate the current heads of power the Council has under the Acts. To the extent that the provisions of the
proposed local law are anti-competitive, Council is undertaking a review of the anti-competitive provisions in compliance with the
requirements of the Local Government Act 2009 and the Local Government Regulation 2012.
It was also stated in the responses received that the proposed local law violates the competitive neutrality principle. In that regards:
       Waste Services is considered a significant business activity for the purpose of section 45 of the Local Government Act 2009 (the
        LGA). Under section 44 of the LGA, the local government can apply the competitive neutrality principle through either
        ‘commercialisation of a significant business activity, or full cost pricing of a significant business activity’. Council applies the
        competitive neutrality principle through Waste Services being a full cost pricing business unit of Council.

       Waste Services applies the competitive neutrality principle in accordance with section 28 of the Local Government Regulation
        2012 (the LGR). The replication of the powers contained within the Acts into the proposed local law has not changed the nature of
        how Waste Services applies the competitive neutrality principle. For clarity, there is no intention on the part of Council to change its
        current approach in providing waste services within its local government area.

The proposed local law will achieve status quo and is aimed at replacing the expiring provisions contained within the State laws. The State
laws contemplate that Council may replace the expiring provisions with a local law.

Issue 4 – The proposed local law will impact on business environment and place restrictions on business ownership, structural
form, business behaviour or product / service quality.
The proposed local law will achieve status quo and is aimed at replacing the expiring provisions contained within the State laws. The State
laws contemplate that Council may replace the expiring provisions with a local law.

To be clear, it is not proposed that the proposed law will give Council any more ability than it currently has under the Acts to create a restriction
on competition.


Issue 5 – The proposed local law consultation process has not been adequate.

The consultation process that has been followed for the proposed local law has been in accordance with Council’s standard timeframe for the
making of local laws and subordinate local laws, a consultation period of 21 days. Also, the method of consultation complies with the
requirements of the LGR for the review of anti-competitive provisions. Given the 1 July 2018 expiry of regulations and that the overall purpose