Public Interest Review: Proposed Amendment Local Laws (Miscellaneous)

Sunshine Coast Council proposed to make Amendment Local Law No. 2 (Miscellaneous) 2019 and Amendment Subordinate Local Law No. 3 (Miscellaneous) 2019.

The Local Government Act 2009 required council to identify possible anti-competitive provisions and undertake a public interest review to determine whether it should make the proposed changes.

Purpose

Council identified that the proposed local law and subordinate local law contain potentially anti-competitive provisions. Anti-competitive provisions create barriers to entry to a market or barriers to competition within a market. The purpose of the public interest review was for council to consult with the community, and especially businesses that might be affected, about whether the proposed changes are in the overall public interest.

Community engagement

Further information about the potentially anti-competitive provisions was provided in the Public Interest Review Consultation Paper. These provisions included:

  • the creation of new prescribed activities for
    • ‘causing building site delivery noise’
    • ‘causing building work noise’
    • ‘operation of an amplified music venue within a special entertainment precinct’
    • ‘temporary placement of a shipping container’
  • certain changes to the availability of parking permits.

These provisions are possibly anti-competitive due to their potential to impact, or create additional costs for, businesses.

Council invited the community to submit feedback on the Public Interest Review Consultation Paper between 23 August and 23 September 2019. We requested to hear from residents and businesses about impacts of the potentially anti-competitive provisions, especially:

  • any costs of compliance for businesses
  • any reasonable alternatives to the anti-competitive provisions and the comparable costs of these alternatives
  • the benefits to the community from the proposed anti-competitive provisions.

Submissions closed at 11.59pm on 23 September 2019.

Where to from here

Council will prepare a public interest review report containing recommendations about whether the anti-competitive provisions are in the overall public interest and should be retained. The report is intended to be presented to council in November 2019. Council will then decide whether to accept the recommendations and implement them by resolution, or reject them and make a contrary resolution.

Background

Section 38 of the Local Government Act 2009 provides that council must not make a local law that contains an anti-competitive provision unless council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. A local law that is contrary to this has no effect.

Section 15 of the Local Government (Operations) Regulation 2012 refers to an anti-competitive provision as a provision that is identified as creating barriers to entry to a market or barriers to competition within a market. Council must follow the procedures set out in the National Competition Policy - Guidelines for conducting reviews on anti-competitive provisions in local laws, Version 1, made by the state government.

More information is available on the Department of Local Government, Racing and Multicultural Affair website.

Contacts

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

Sunshine Coast Council proposed to make Amendment Local Law No. 2 (Miscellaneous) 2019 and Amendment Subordinate Local Law No. 3 (Miscellaneous) 2019.

The Local Government Act 2009 required council to identify possible anti-competitive provisions and undertake a public interest review to determine whether it should make the proposed changes.

Purpose

Council identified that the proposed local law and subordinate local law contain potentially anti-competitive provisions. Anti-competitive provisions create barriers to entry to a market or barriers to competition within a market. The purpose of the public interest review was for council to consult with the community, and especially businesses that might be affected, about whether the proposed changes are in the overall public interest.

Community engagement

Further information about the potentially anti-competitive provisions was provided in the Public Interest Review Consultation Paper. These provisions included:

  • the creation of new prescribed activities for
    • ‘causing building site delivery noise’
    • ‘causing building work noise’
    • ‘operation of an amplified music venue within a special entertainment precinct’
    • ‘temporary placement of a shipping container’
  • certain changes to the availability of parking permits.

These provisions are possibly anti-competitive due to their potential to impact, or create additional costs for, businesses.

Council invited the community to submit feedback on the Public Interest Review Consultation Paper between 23 August and 23 September 2019. We requested to hear from residents and businesses about impacts of the potentially anti-competitive provisions, especially:

  • any costs of compliance for businesses
  • any reasonable alternatives to the anti-competitive provisions and the comparable costs of these alternatives
  • the benefits to the community from the proposed anti-competitive provisions.

Submissions closed at 11.59pm on 23 September 2019.

Where to from here

Council will prepare a public interest review report containing recommendations about whether the anti-competitive provisions are in the overall public interest and should be retained. The report is intended to be presented to council in November 2019. Council will then decide whether to accept the recommendations and implement them by resolution, or reject them and make a contrary resolution.

Background

Section 38 of the Local Government Act 2009 provides that council must not make a local law that contains an anti-competitive provision unless council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. A local law that is contrary to this has no effect.

Section 15 of the Local Government (Operations) Regulation 2012 refers to an anti-competitive provision as a provision that is identified as creating barriers to entry to a market or barriers to competition within a market. Council must follow the procedures set out in the National Competition Policy - Guidelines for conducting reviews on anti-competitive provisions in local laws, Version 1, made by the state government.

More information is available on the Department of Local Government, Racing and Multicultural Affair website.

Contacts

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