- Last updated:
- 19 Oct 2017
Council proposed some amendments to the local laws and subordinate local laws for the Sunshine Coast region.
The Local Government Act 2009 requires council to identify possible anti-competitive provisions and undertake a public interest review to determine whether it should make the proposed changes.
Council identified that some of the proposed amendments may contain possible 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 is 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.
Further information about the possible anti-competitive provisions is contained in the Public Interest Review Consultation Paper. Possible anti-competitive provisions in the amendments relate to:
- ensuring shopping trolleys remain in shopping precincts
- operation of remotely piloted aircraft (e.g. drones) in council-controlled areas
- requirements for public liability insurance for activities in council-controlled areas
- application requirements and standard conditions for approvals for various activities in council-controlled areas and roads, including commercial use, alterations or improvements (e.g. memorials) and activities regarding human remains
- placement of movable advertising devices
- abseiling and rock climbing in council-controlled areas
Council invited the community to submit feedback on the Public Interest Review Consultation Paper. Council wanted to hear from residents and businesses about impacts of the anti-competitive provisions, especially:
- any costs of compliance for businesses
- any reasonable alternatives to the anti-competitive provision and the comparable costs of these alternatives
- the benefits to the community from the anti-competitive provision.
Submissions closed on 30 November 2015.
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 January 2016. Council will then decide whether to accept the recommendations and implement them by resolution, or reject them and make a contrary resolution.
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 from Department of Infrastructure, Local Government and Planning.
For more information, please contact the Manager, Corporate Governance on (07) 5420 8924.