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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of the proposed local law is to replicate the powers contained within existing legislation that is due to expire, the standard consultation process
was considered appropriate in the circumstances.


Issue 6 – The proposed local law is a replication of state legislation and is a lost opportunity for innovation.

Council currently administers the expiring legislative provisions of chapter 5A of the Environmental Protection Regulation 2008 and is given
powers under section 7 of the Waste Reduction and Recycling Regulation 2011. The powers contained within these sections enable local
governments to undertake a local government function. Absent these provisions local governments can determine how their core functions are
regulated. The proposed local law 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 7 –The proposed local law objectives could be achieved through other mechanisms, such as contract prescription.



Council judiciously reconsidered the regulatory and non-regulatory alternatives available which may achieve the objectives of the proposed
local law. The following alternatives were considered to be ‘realistic’ alternatives and given further consideration:-
     regulation – public vs private action;
     public information and education programs;
     planning scheme.

Contract prescription was not considered ‘realistic’ due to its limited application, confidentiality and inability to achieve the objectives of the
local law.