Public Interest Review - Proposed Local Law Amendment

Council has made Amendment Local Law No. 1 (Community Health and Environmental Management) 2017. Please see the related website notice.

The Local Government Act 2009 required council to identify possible anti-competitive provisions and undertake a public interest review.

Purpose

Council identified that the proposed local law may contain provisions that could be considered anti-competitive. 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 possible anti-competitive provisions is contained in the Public Interest Review Consultation Paper. The possible anti-competitive provisions include the power for the Council to designate ‘waste collection areas’ in which it may conduct general waste or green waste collection, and a range of requirements on the owners and occupiers of premises about waste storage and collection.

Council invited the community to submit feedback on the Public Interest Review Consultation Paper. The Council wanted to hear from residents and businesses about impacts of the potentially anti-competitive provision, especially:

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

Submissions closed on 22 December 2017.

Where to from here

Council prepared 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 was presented to council at the Ordinary Meeting on Thursday 17 May 2018. Council accepted the recommendations.

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 Queensland Government's Department of Infrastructure website.

Contacts

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

Council has made Amendment Local Law No. 1 (Community Health and Environmental Management) 2017. Please see the related website notice.

The Local Government Act 2009 required council to identify possible anti-competitive provisions and undertake a public interest review.

Purpose

Council identified that the proposed local law may contain provisions that could be considered anti-competitive. 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 possible anti-competitive provisions is contained in the Public Interest Review Consultation Paper. The possible anti-competitive provisions include the power for the Council to designate ‘waste collection areas’ in which it may conduct general waste or green waste collection, and a range of requirements on the owners and occupiers of premises about waste storage and collection.

Council invited the community to submit feedback on the Public Interest Review Consultation Paper. The Council wanted to hear from residents and businesses about impacts of the potentially anti-competitive provision, especially:

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

Submissions closed on 22 December 2017.

Where to from here

Council prepared 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 was presented to council at the Ordinary Meeting on Thursday 17 May 2018. Council accepted the recommendations.

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 Queensland Government's Department of Infrastructure website.

Contacts

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