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
                                                                                                     5


 (a)   published in the local newspaper (Noosa News) on Friday 12th January 2018
       advising of the review and calling for submissions;
 (b)   posted on notice boards within the local government area;
 (c)   published on Council’s website during the consultation period; and
 (d)   sent to identified key stakeholders.
In response to the consultation undertaken by Council, two industry representative bodies
delivered submissions to Council for its consideration.
A total of 2 formal written submissions were received in response to the public consultation
undertaken by Council. Seven key issues were raised in the submissions:
      The proposed local law is anti-competitive as it allows Council to create a
         monopoly over commercial waste collection services and will result in higher
         prices for consumers without a commensurate increase in quality or
         innovation.
      The proposed local law provides no public benefit in its introduction.
      The proposed local law is anti-competitive and violates the competitive
         neutrality principle.
      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 consultation process has been inadequate.
      The proposed local law is a replication of state legislation and is a lost
         opportunity for innovation.
      The proposed local law objectives could be achieved through other
         mechanisms, such as contract prescription.

Detail of the public consultation submissions received and responses is included as
Annexure B.

 9.      Reassessment of alternatives

Regulatory and non-regulatory alternatives available to Council which may achieve the
objectives of the proposed local law are listed in the Guidelines. The following alternatives
were considered to be ‘realistic’ alternatives and given further consideration:-
              regulation – public vs private action;
              public information and education programs;
Council also identified a further alternative of relying on the planning scheme to control storage
and collection of waste issues.
Consideration of the submissions received by Council supports Council’s conclusion that these
alternatives are not viable for the reasons detailed below.




Regulation - public vs. private action
This regime would involve a change to the proposed local law to provide that where more than
three complaints were received, Council would take action. Up to and including the third
complaint, Council would not take action but it would be open to individuals to take action in