Local Law Review: Proposed Amendments to Local Laws (New Automatic Waste Collection System Maroochydore City Centre)

The Sunshine Coast Council Local Laws and Subordinate Local Laws were adopted on 1 January 2012.

Purpose

Council is committed to carrying out regular reviews of the local laws. A review provides an opportunity to look at the issues and impacts of the laws and propose any suitable amendments.

Community engagement

There was recently an opportunity to have your say on proposed local law amendments to administer and regulate the new Automatic Waste Collection System in the Maroochydore City Centre.

Submissions closed at 5.00pm on 23 September 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendments (detailed below) at the ordinary meeting of council in November 2019.

Overview

Council is the owner and developer of the Maroochydore City Centre pursuant to the Maroochydore City Centre Infrastructure Agreement 2017 (IA), which was executed on behalf of the Minister Economic Development Queensland on 26 May 2017. The Maroochydore City Centre is a green field central business district development that among other objectives aims to deliver a ‘smart city’ platform. The Maroochydore City Centre demonstrates council’s commitment to being Australia’s most sustainable region – Healthy.Smart.Creative.

Council is charged with providing services to the community including waste collection services. At the 15 October 2015 Ordinary Meeting, council endorsed the business case to establish an Automated Waste Collection System (AWCS) as the waste collection service for the Maroochydore City Centre as an alternative to conventional kerbside bin collection. Council is the first local government to establish an AWCS in a development precinct in Australia.

The Maroochydore City Centre IA binds future developments within the precinct to connect to the AWCS.

The AWCS is the first of its kind to be delivered within Australia. As such there is no legislative framework or precedent that provides for the administration and regulation of private and public infrastructure.

In order to ensure that council has the minimum tools necessary to administer and regulate the private and public pneumatic waste infrastructure, new local law provisions have been developed to accommodate this legislative gap. The new provisions broadly include:

  • Registration requirements – to ensure that we have the details of the owners of the pneumatic waste infrastructure (e.g. for any single dwellings the owner, for multi-dwellings the Body Corporate details and contact details)
  • Operating requirements - require owners to comply with the Prescribed Waste Infrastructure Standards (e.g. what is AWCS waste)
  • Maintenance requirements - impose requirements on who is able to repair the private pneumatic waste infrastructure (e.g. licensing requirements for authorised repairers)
  • Public space compliance - regulate the usage of the public pneumatic waste infrastructure (e.g. waste inlets in public spaces) and
  • Non AWCS provisions – to enable council to specify how occupiers must manage their non-AWCS waste (e.g. bulk glass, cardboard etc.).

As waste management is an environmental health issue, the new amendments will be inserted into:

  • Local Law No.3 (Community Health and Environmental Management) 2011
  • Subordinate Local Law No.3 (Community Health and Environmental Management) 2011

The table below outlines the proposed new waste provision for both local laws.

Note: There was a Public Interest Review for these proposed amendments.

Local Law

Proposed amendment

Purpose

Local Law No. 3 (Community Health and Environmental Management) 2011
Owner of the land containing pneumatic waste infrastructure (PWI) must register it in the owner’s name – maximum penalty 50 penalty units.
Council needs to know who the owner is who is responsible for the (private waste infrastructure) PWI connected to the public system in case there is a problem affecting the wider system. It is a simple registration.
Local Law No. 3 (Community Health and Environmental Management) 2011
New owner must change registration to their name after taking ownership
Ensure we have the most current information on owners.
Local Law No. 3 (Community Health and Environmental Management) 2011
Registration form and fee
In the registration form, the owner must provide on-site contact person for the infrastructure in case of problems. The application of a fee is optional.
Local Law No. 3 (Community Health and Environmental Management) 2011
Council can give a notice asking for updates of registered information
This provides the ability for council to send updates throughout the year as a reminder for PWI owners to update their contact details. This could be a yearly mail out.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner must tell council within 28 days if they remove or cease to operate PWI
Provides ability for council to manage the cessation or removal of the PWI. While it is unlikely for this to ever occur, this provision ensures we are notified in a timely manner.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner to comply with operating requirements
This provides the power for council to prescribe the operating requirements under the subordinate local law.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner of the land must ensure compliance with the operating requirements – maximum penalty 50 penalty units
This provides the mechanism for council to require compliance and take enforcement action for non-compliance with the operating requirements. The operating requirements are detailed in the Subordinate Local Law and the Prescribed Waste Infrastructure Standards (PWIS)
Local Law No. 3 (Community Health and Environmental Management) 2011
Council could agree to be responsible for the operating of a private PWI
Provides the mechanism to allow council to take responsibility for the private PWI and manage the operating requirements if required.
Local Law No. 3 (Community Health and Environmental Management) 2011
Rectification of damage
If a person commits an offence (non-compliance with operating requirements) council can take action by issuing a compliance notice requiring a person to take action to rectify damage caused by the offence.
Local Law No. 3 (Community Health and Environmental Management) 2011
Regulation of the use of public waste infrastructure
Provides council with the ability to erect regulatory signage at or near a waste inlet. Maximum penalty for contravening a regulatory notice is 20 penalty units.
Local Law No. 3 (Community Health and Environmental Management) 2011
Executive officers of a corporation must ensure compliance
This imposes compliance responsibility on an executive officer of a corporation (e.g. body corporate). It is the same penalty as that imposed on an individual.
Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for pneumatic waste infrastructure (non-AWCS waste)
Ability for council to declare by subordinate local law waste that is unsuitable for disposal and how non-AWCS waste is stored, processed and removed. Maximum penalty 20 penalty units.
Subordinate Local Law
Proposed amendment
Purpose
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
General requirements to minimise disruptions
  • Ensure all reasonable action is taken to troubleshoot a matter that is disrupting the PWI
  • Provide notice to the Local Government about the disruption
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
General Operation
Provisions relating to the general operation of the PWI including –
  • Power supply is uninterrupted
  • Communication system is uninterrupted
  • The operation of the private PWI does not interrupt the operation of the public PWI that it is connected to.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Disposal of AWCS Waste
  • AWCS waste must be disposed of in the PWI
  • AWCS waste must not be disposed of in the Non AWCS waste infrastructure
  • AWCS waste must only be disposed of in the relevant waste fraction [1]
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Operation of the discharge valve
The discharge valve for the release of the AWCS Waste is only to be operated by the Local Government.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Requirements for display of signage
Display of signage at each inlet
Signage –
  • that state the AWCS fraction for the inlet
  • consistent with the AWCS education and communication plan
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Safe use of the infrastructure
The PWI is to be for safe use
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Education material for the infrastructure
Education material for the use of the PWI is to be –
  • consistent with the AWCS education and communication plan
  • provided to a user of the PWI
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Environmental health
The operation of the infrastructure must -
  • not attract fly breeding or vermin infestation
  • be kept free of pests and conditions offering harbourage for pests
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Maintenance
The PWI is to be maintained –
  • With all relevant laws
  • Ensure safe and functional operation
  • Relevant PWI consent
  • Comply with warranty and manufacturers recommendation
  • Comply with healthy, safety and quality standard
  • Comply with periodic inspection and servicing requirements undertaken by an approved contractor
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Record keeping and reporting for maintenance work
Record keeping and reporting for maintenance is to be –
  • Carried out by the owner
  • Retained by the owner for a minimum of 5 years
  • Provided to the Local Government within 2 business days of request
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Maintenance personnel
The PWI is to be maintained by an approved contractor
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Notice of maintenance work
A notice is to be given to the Local Government as soon as reasonably practicable of any maintenance of the PWI that –
  • May disrupt the operation of the PWI
  • For a safety reason requires the Local Government to be given notice of the maintenance
  • Is in response to a request by the Local Government to complete the maintenance
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Replacement components
A replacement component for the PWI must –
  • Meet the minimum component standards for PWI set out in the Prescribed Waste Infrastructure Standards
  • Be installed in a manner that ensures the safe operation of the PWI
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Repairs
A notice must be given to the Local Government when a repair is required
When the repair is completed, a notice must be provided stating the nature of the repair and when it was completed
All repairs are to use components which comply with the minimum component standards
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Non – AWCS
Waste defined as Non-AWCS waste in the Prescribed Waste Infrastructure Standards is declared to be Non-AWCS waste
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Disposal of Waste
The requirements for the storage , processing and removal of non-AWCS waste are –
  • Non-AWCS waste is not to be disposed of in the PWI
  • Where Non-AWCS waste (other than organic waste) is disposed of using waste infrastructure at a property, it is to be disposed of in a Non-AWCS waste receptacle in the waste storage area
  • Bulk glass is not to be emptied or transferred from one non-AWCS waste receptacle to another non-AWCS waste receptacle, except within the waste storage area
  • Non-AWCS Waste and Non-AWCS Waste Receptacles are not to be placed outside the Waste Storage Area, except for the purpose of collection from the Non-AWCS Waste Service Point, and for no longer than necessary for such collection to occur
  • Non-AWCS Waste and Non-AWCS Waste Receptacles are to be collected from the Non-AWCS Waste Service Point
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Storage of Non-AWCS Waste
A Waste Storage Area is to be maintained and operated in accordance with the minimum requirements in the Prescribed Waste Infrastructure Standards.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – processing of Non-AWCS waste
  • If bulk glass and/or bulk cardboard will be generated at the premises glass processing equipment is to be maintained and operated in accordance with the PWIS
  • An under sink macerator is to be maintained and operated in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Waste receptacles
Waste receptacles for non-AWCS Waste are to be maintained and operated in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – collection vehicles
Collection vehicles are to collect Non-AWCS waste in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – requirements for the display of signage
The signage for the non-pneumatic waste infrastructure is to—
  • be displayed at each Waste Storage Area; and
  • be fixed on or above the collection point; and
  • state the Non-AWCS Waste Fraction for the collection point; and
  • be consistent with the Local Government’s ‘Automated Waste Collection System – Education and Communication Plan
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – safe use of infrastructure
The non-pneumatic waste infrastructure is to be safe for use
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – education material for the infrastructure
Education material for the use of the non-PWI is to be –
  • Consistent with the Local Governments AWCS education and communication plan
  • Provided to a user of the non PWI


[1] Waste fractions include general and recyclable AWCS waste. AWCS waste fractions do not include Non-AWCS waste.

The Sunshine Coast Council Local Laws and Subordinate Local Laws were adopted on 1 January 2012.

Purpose

Council is committed to carrying out regular reviews of the local laws. A review provides an opportunity to look at the issues and impacts of the laws and propose any suitable amendments.

Community engagement

There was recently an opportunity to have your say on proposed local law amendments to administer and regulate the new Automatic Waste Collection System in the Maroochydore City Centre.

Submissions closed at 5.00pm on 23 September 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendments (detailed below) at the ordinary meeting of council in November 2019.

Overview

Council is the owner and developer of the Maroochydore City Centre pursuant to the Maroochydore City Centre Infrastructure Agreement 2017 (IA), which was executed on behalf of the Minister Economic Development Queensland on 26 May 2017. The Maroochydore City Centre is a green field central business district development that among other objectives aims to deliver a ‘smart city’ platform. The Maroochydore City Centre demonstrates council’s commitment to being Australia’s most sustainable region – Healthy.Smart.Creative.

Council is charged with providing services to the community including waste collection services. At the 15 October 2015 Ordinary Meeting, council endorsed the business case to establish an Automated Waste Collection System (AWCS) as the waste collection service for the Maroochydore City Centre as an alternative to conventional kerbside bin collection. Council is the first local government to establish an AWCS in a development precinct in Australia.

The Maroochydore City Centre IA binds future developments within the precinct to connect to the AWCS.

The AWCS is the first of its kind to be delivered within Australia. As such there is no legislative framework or precedent that provides for the administration and regulation of private and public infrastructure.

In order to ensure that council has the minimum tools necessary to administer and regulate the private and public pneumatic waste infrastructure, new local law provisions have been developed to accommodate this legislative gap. The new provisions broadly include:

  • Registration requirements – to ensure that we have the details of the owners of the pneumatic waste infrastructure (e.g. for any single dwellings the owner, for multi-dwellings the Body Corporate details and contact details)
  • Operating requirements - require owners to comply with the Prescribed Waste Infrastructure Standards (e.g. what is AWCS waste)
  • Maintenance requirements - impose requirements on who is able to repair the private pneumatic waste infrastructure (e.g. licensing requirements for authorised repairers)
  • Public space compliance - regulate the usage of the public pneumatic waste infrastructure (e.g. waste inlets in public spaces) and
  • Non AWCS provisions – to enable council to specify how occupiers must manage their non-AWCS waste (e.g. bulk glass, cardboard etc.).

As waste management is an environmental health issue, the new amendments will be inserted into:

  • Local Law No.3 (Community Health and Environmental Management) 2011
  • Subordinate Local Law No.3 (Community Health and Environmental Management) 2011

The table below outlines the proposed new waste provision for both local laws.

Note: There was a Public Interest Review for these proposed amendments.

Local Law

Proposed amendment

Purpose

Local Law No. 3 (Community Health and Environmental Management) 2011
Owner of the land containing pneumatic waste infrastructure (PWI) must register it in the owner’s name – maximum penalty 50 penalty units.
Council needs to know who the owner is who is responsible for the (private waste infrastructure) PWI connected to the public system in case there is a problem affecting the wider system. It is a simple registration.
Local Law No. 3 (Community Health and Environmental Management) 2011
New owner must change registration to their name after taking ownership
Ensure we have the most current information on owners.
Local Law No. 3 (Community Health and Environmental Management) 2011
Registration form and fee
In the registration form, the owner must provide on-site contact person for the infrastructure in case of problems. The application of a fee is optional.
Local Law No. 3 (Community Health and Environmental Management) 2011
Council can give a notice asking for updates of registered information
This provides the ability for council to send updates throughout the year as a reminder for PWI owners to update their contact details. This could be a yearly mail out.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner must tell council within 28 days if they remove or cease to operate PWI
Provides ability for council to manage the cessation or removal of the PWI. While it is unlikely for this to ever occur, this provision ensures we are notified in a timely manner.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner to comply with operating requirements
This provides the power for council to prescribe the operating requirements under the subordinate local law.
Local Law No. 3 (Community Health and Environmental Management) 2011
Owner of the land must ensure compliance with the operating requirements – maximum penalty 50 penalty units
This provides the mechanism for council to require compliance and take enforcement action for non-compliance with the operating requirements. The operating requirements are detailed in the Subordinate Local Law and the Prescribed Waste Infrastructure Standards (PWIS)
Local Law No. 3 (Community Health and Environmental Management) 2011
Council could agree to be responsible for the operating of a private PWI
Provides the mechanism to allow council to take responsibility for the private PWI and manage the operating requirements if required.
Local Law No. 3 (Community Health and Environmental Management) 2011
Rectification of damage
If a person commits an offence (non-compliance with operating requirements) council can take action by issuing a compliance notice requiring a person to take action to rectify damage caused by the offence.
Local Law No. 3 (Community Health and Environmental Management) 2011
Regulation of the use of public waste infrastructure
Provides council with the ability to erect regulatory signage at or near a waste inlet. Maximum penalty for contravening a regulatory notice is 20 penalty units.
Local Law No. 3 (Community Health and Environmental Management) 2011
Executive officers of a corporation must ensure compliance
This imposes compliance responsibility on an executive officer of a corporation (e.g. body corporate). It is the same penalty as that imposed on an individual.
Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for pneumatic waste infrastructure (non-AWCS waste)
Ability for council to declare by subordinate local law waste that is unsuitable for disposal and how non-AWCS waste is stored, processed and removed. Maximum penalty 20 penalty units.
Subordinate Local Law
Proposed amendment
Purpose
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
General requirements to minimise disruptions
  • Ensure all reasonable action is taken to troubleshoot a matter that is disrupting the PWI
  • Provide notice to the Local Government about the disruption
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
General Operation
Provisions relating to the general operation of the PWI including –
  • Power supply is uninterrupted
  • Communication system is uninterrupted
  • The operation of the private PWI does not interrupt the operation of the public PWI that it is connected to.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Disposal of AWCS Waste
  • AWCS waste must be disposed of in the PWI
  • AWCS waste must not be disposed of in the Non AWCS waste infrastructure
  • AWCS waste must only be disposed of in the relevant waste fraction [1]
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Operation of the discharge valve
The discharge valve for the release of the AWCS Waste is only to be operated by the Local Government.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Requirements for display of signage
Display of signage at each inlet
Signage –
  • that state the AWCS fraction for the inlet
  • consistent with the AWCS education and communication plan
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Safe use of the infrastructure
The PWI is to be for safe use
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Education material for the infrastructure
Education material for the use of the PWI is to be –
  • consistent with the AWCS education and communication plan
  • provided to a user of the PWI
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Environmental health
The operation of the infrastructure must -
  • not attract fly breeding or vermin infestation
  • be kept free of pests and conditions offering harbourage for pests
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Maintenance
The PWI is to be maintained –
  • With all relevant laws
  • Ensure safe and functional operation
  • Relevant PWI consent
  • Comply with warranty and manufacturers recommendation
  • Comply with healthy, safety and quality standard
  • Comply with periodic inspection and servicing requirements undertaken by an approved contractor
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Record keeping and reporting for maintenance work
Record keeping and reporting for maintenance is to be –
  • Carried out by the owner
  • Retained by the owner for a minimum of 5 years
  • Provided to the Local Government within 2 business days of request
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Maintenance personnel
The PWI is to be maintained by an approved contractor
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Notice of maintenance work
A notice is to be given to the Local Government as soon as reasonably practicable of any maintenance of the PWI that –
  • May disrupt the operation of the PWI
  • For a safety reason requires the Local Government to be given notice of the maintenance
  • Is in response to a request by the Local Government to complete the maintenance
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Replacement components
A replacement component for the PWI must –
  • Meet the minimum component standards for PWI set out in the Prescribed Waste Infrastructure Standards
  • Be installed in a manner that ensures the safe operation of the PWI
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Repairs
A notice must be given to the Local Government when a repair is required
When the repair is completed, a notice must be provided stating the nature of the repair and when it was completed
All repairs are to use components which comply with the minimum component standards
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Non – AWCS
Waste defined as Non-AWCS waste in the Prescribed Waste Infrastructure Standards is declared to be Non-AWCS waste
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Disposal of Waste
The requirements for the storage , processing and removal of non-AWCS waste are –
  • Non-AWCS waste is not to be disposed of in the PWI
  • Where Non-AWCS waste (other than organic waste) is disposed of using waste infrastructure at a property, it is to be disposed of in a Non-AWCS waste receptacle in the waste storage area
  • Bulk glass is not to be emptied or transferred from one non-AWCS waste receptacle to another non-AWCS waste receptacle, except within the waste storage area
  • Non-AWCS Waste and Non-AWCS Waste Receptacles are not to be placed outside the Waste Storage Area, except for the purpose of collection from the Non-AWCS Waste Service Point, and for no longer than necessary for such collection to occur
  • Non-AWCS Waste and Non-AWCS Waste Receptacles are to be collected from the Non-AWCS Waste Service Point
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Storage of Non-AWCS Waste
A Waste Storage Area is to be maintained and operated in accordance with the minimum requirements in the Prescribed Waste Infrastructure Standards.
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – processing of Non-AWCS waste
  • If bulk glass and/or bulk cardboard will be generated at the premises glass processing equipment is to be maintained and operated in accordance with the PWIS
  • An under sink macerator is to be maintained and operated in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – Waste receptacles
Waste receptacles for non-AWCS Waste are to be maintained and operated in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – collection vehicles
Collection vehicles are to collect Non-AWCS waste in accordance with the PWIS
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – requirements for the display of signage
The signage for the non-pneumatic waste infrastructure is to—
  • be displayed at each Waste Storage Area; and
  • be fixed on or above the collection point; and
  • state the Non-AWCS Waste Fraction for the collection point; and
  • be consistent with the Local Government’s ‘Automated Waste Collection System – Education and Communication Plan
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – safe use of infrastructure
The non-pneumatic waste infrastructure is to be safe for use
Subordinate Local Law No. 3 (Community Health and Environmental Management) 2011
Management of waste unsuitable for PWI – education material for the infrastructure
Education material for the use of the non-PWI is to be –
  • Consistent with the Local Governments AWCS education and communication plan
  • Provided to a user of the non PWI


[1] Waste fractions include general and recyclable AWCS waste. AWCS waste fractions do not include Non-AWCS waste.