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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to waste management by:-
        (a)   regulating the storage, servicing and removal of waste; and
        (b)   regulating the disposal of waste at waste facilities; and
        (c)   ensuring that an act or omission does not result in:-
              (i)      harm to human health or safety or personal injury; or
              (ii)     property damage or loss of amenity; or
              (iii)    environmental harm or environmental nuisance.
The focus of the proposed local law is ‘general waste’, the definition of which mirrors the
definition of ‘general waste' in the Environmental Protection Regulation 2008 for the purposes
of Chapter 5A.
The definition of ‘general waste’ includes ‘commercial waste’, ‘domestic waste’ and ‘recyclable
waste’. The definitions for the expressions ‘commercial waste’, ‘domestic waste’ and
‘recyclable waste’ in the proposed local law mirror the definitions for those expressions in the
Environmental Protection Regulation 2008, for the purposes of Chapter 5A.
Council has determined that regulation of waste management in the manner:-
        (a)   currently achieved by Chapter 5A and section 7; and
        (b)   to be achieved under the proposed local law, is an effective and appropriate
              means of achieving the objectives of the proposed local law.
Under the Local Government Act 2009, section 92, Council may levy utility charges for a
service, facility or activity for specified utilities, including waste management. Council currently
levies utility charges for waste management, including the conduct of general waste collection
in reliance on the exercise of powers under, collectively, Chapter 5A and section 7.
Council may continue to levy utility charges for services, facilities and activities for the utility of
waste management, and in particular the conduct of general waste collection, under the
proposed local law.
Part 3 of the proposed local law deals with the issue of waste receival and disposal, and in
particular:-
        (a)   the unlawful disposal of waste at a waste facility;
        (b)   restrictions on burning waste at a waste facility;
        (c)   restrictions on the use of a waste facility; and
        (d)   a person’s obligation to comply with directions and give information at a waste
              facility.

 8.       Results of consultation process

Public Consultation

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.
Public consultation occurred over a 21 day period commencing on Friday 12 January 2018
and ending on Friday 2 February 2018 (consultation period).

Notice of public consultation and invitation to make submissions was: