Local Law Review: Proposed Amendments to Local Laws

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The Sunshine Coast Council Local Laws and Subordinate Local Laws were first 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 an opportunity to have your say on a proposed local law amendment to include a commencement date for the waste provisions already approved by council.

Council invited you to comment on the proposed changes.

Submissions closed at 5.00pm 27 December 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendment (detailed below) at the Ordinary Meeting of council on 30 January 2020.

Overview

At the Ordinary Meeting on 17 May 2018, council resolved to make amendments to Local Law No. 3 (Community Health and Environmental Management) 2011 which duplicated the then expiring waste provisions of Chapter 5A of the Environmental Protection Regulation 2008 (since repealed and now replaced with Chapter 6 of the Environmental Protection Regulation 2019) (the Regulation) and Part 2A of the Waste Reduction and Recycling Regulation 2011 (WRRR).

At the time the local law amendments were made, the provisions in both regulations were scheduled to expire on 1 July 2018. The commencement provisions in the local law were drafted to ensure that the duplicated waste provisions would not commence until the Queensland State Government (State) expired their waste provisions under the Regulation and the WRRR.

The duplication of the waste provisions in the local law were intended to safeguard councils ability to continue to regulate the appropriate storage and removal of general waste from premises within the region under council’s local laws and designate waste collection areas. It was imperative, given the impending expiry of both these provisions under the Regulations, that council retain the necessary provisions in their local laws.

However, following the 17 May 2018 Ordinary Meeting, council received notification from the State that the waste provisions in both the Regulation and the WRRR had been extended until September 2018. Since that time, the expiry of both provisions have been removed from both the Regulation and the WRRR and continue to remain in effect until further notice. As a result, the amendment local law made on 17 May 2018 has not commenced (taken effect) to date.

Given some of the uncertainty with regards to the expiring provisions and to ensure council retains the appropriate mechanisms to continue to manage waste across the local government area, it is recommended that amendments are made to the 2018 amendment local law so that the new local law waste provisions can commence on 10 February 2020.

Related documents

The following documents provide explanation and details of the proposed amendments within the local law:

Amendment Subordinate Local Law No 3

Council report

Related pages

Contacts

For more information, please contact the Manager, Corporate Governance on (07) 5420 8924.

The Sunshine Coast Council Local Laws and Subordinate Local Laws were first 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 an opportunity to have your say on a proposed local law amendment to include a commencement date for the waste provisions already approved by council.

Council invited you to comment on the proposed changes.

Submissions closed at 5.00pm 27 December 2019.

Where to from here

Council will review all submissions and make a decision on the proposed amendment (detailed below) at the Ordinary Meeting of council on 30 January 2020.

Overview

At the Ordinary Meeting on 17 May 2018, council resolved to make amendments to Local Law No. 3 (Community Health and Environmental Management) 2011 which duplicated the then expiring waste provisions of Chapter 5A of the Environmental Protection Regulation 2008 (since repealed and now replaced with Chapter 6 of the Environmental Protection Regulation 2019) (the Regulation) and Part 2A of the Waste Reduction and Recycling Regulation 2011 (WRRR).

At the time the local law amendments were made, the provisions in both regulations were scheduled to expire on 1 July 2018. The commencement provisions in the local law were drafted to ensure that the duplicated waste provisions would not commence until the Queensland State Government (State) expired their waste provisions under the Regulation and the WRRR.

The duplication of the waste provisions in the local law were intended to safeguard councils ability to continue to regulate the appropriate storage and removal of general waste from premises within the region under council’s local laws and designate waste collection areas. It was imperative, given the impending expiry of both these provisions under the Regulations, that council retain the necessary provisions in their local laws.

However, following the 17 May 2018 Ordinary Meeting, council received notification from the State that the waste provisions in both the Regulation and the WRRR had been extended until September 2018. Since that time, the expiry of both provisions have been removed from both the Regulation and the WRRR and continue to remain in effect until further notice. As a result, the amendment local law made on 17 May 2018 has not commenced (taken effect) to date.

Given some of the uncertainty with regards to the expiring provisions and to ensure council retains the appropriate mechanisms to continue to manage waste across the local government area, it is recommended that amendments are made to the 2018 amendment local law so that the new local law waste provisions can commence on 10 February 2020.

Related documents

The following documents provide explanation and details of the proposed amendments within the local law:

Amendment Subordinate Local Law No 3

Council report

Related pages

Contacts

For more information, please contact the Manager, Corporate Governance on (07) 5420 8924.