IPSWICH

CITY

COUNCIL

 

 

AGENDA

 

 

of the

 

 

Governance Committee

 

 

Held in the Council Chambers

2nd floor – Council Administration Building

45 Roderick Street

IPSWICH QLD 4305

 

 

On Tuesday, 9 July 2019

At 12.30 pm or 10 minutes after the conclusion of the Environment Committee whichever is sooner.


 

MEMBERS OF THE Governance Committee

Interim Administrator

Greg Chemello (Chairperson)

 

 


Governance Committee

Meeting Agenda

9 July

2019

 

Governance Committee AGENDA

12.30 pm or 10 minutes after the conclusion of the Environment Committee whichever is sooner. on Tuesday, 9 July 2019

Council Chambers

 

Item No.

Item Title

Page No.

1

Council Meetings - Local Law (Repealing) Local Law No.2 (Council Meetings) 2019

18

2

Administration - Local Law (Amending) Local Law No.1 Administration 2019

55

3

Commercial Licensing - Local Law (Amending) Local Law No.3(Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019

123

4

Permits - Local Law (Amending) Local Law No.4 (Permits) 2019

326

5

Parking - Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019

385

6

Animal Management - Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019

485

7

Local Govt Controlled Areas and Roads - Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019

613

8

Nuisances and Community Health and Safety - Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019

723

9

Extractive Industries - Local Law (Repealing) Local Law No. 25 (Extractive Industries)

798

10

Vegetation Management - Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No. 49.1 (Protection of Important Vegetation) 2019

819

11

Monthly Performance Report - May 2019

886

12

Policy and Procedure Management Framework and the Review of Ipswich City Council's Policy Portfolio

893

13

Proposed New Trustee Lease Over Reserve for Recreation Purposes - Australian Crawl (Goodna) Pty Ltd - 19A Toongarra Road Leichhardt

898

14

**Acquisition of Part of State Land Located at 61 Nicholas Street, Ipswich and the Disposal of Council Freehold Land Located at Lot 311 Clay Street, Ipswich for Park Purposes

985

** Item includes confidential papers

 


Governance Committee NO. 7

 

9 July 2019

 

AGENDA

 

 

1.             Council Meetings - Local Law (Repealing) Local Law No.2 (Council Meetings) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.2 (Council Meetings) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019.

B.             That it be noted that a review of the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 


 

2.             Administration - Local Law (Amending) Local Law No.1 Administration 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.1 (Administration) 2019.

 

Recommendation

 

That the Interim Administration of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.1 (Administration) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.1 (Administration) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.1 (Administration) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.1 (Administration) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

3.             Commercial Licensing - Local Law (Amending) Local Law No.3(Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses 4 and 5 above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

4.             Permits - Local Law (Amending) Local Law No.4 (Permits) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.4 (Permits) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.4 (Permits) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.4 (Permits) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.4 (Permits) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.4 (Permits) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

5.             Parking - Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019.

 

Recommendation

 

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.5 (Parking) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

6.             Animal Management - Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019.

 


 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.6 (Animal Management) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses C, D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

7.             Local Govt Controlled Areas and Roads - Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

8.             Nuisances and Community Health and Safety - Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Amending Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Amending Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

9.             Extractive Industries - Local Law (Repealing) Local Law No. 25 (Extractive Industries)

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Repealing) Local Law No. 25 (Extractive   Industries) 2019.

B.             That it be noted that a review of the proposed Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

10.           Vegetation Management - Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No. 49.1 (Protection of Important Vegetation) 2019

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019.

 


 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.49 (Vegetation Management) 2019 and Subordinate Local Law No.49.1 (Protection of Important Vegetation) 2019.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

 

11.           Monthly Performance Report - May 2019

This is a report concerning Council performance for the period ending 31 May 2019, submitted in accordance with Section 204 of the Local Government Regulation 2012.

 

Recommendation

That the report be received and the contents noted.

 

12.           Policy and Procedure Management Framework and the Review of Ipswich City Council's Policy Portfolio

This is a report by the Strategic Client Manager dated 1 July 2019 concerning development of an Ipswich City Council Policy and Procedure Management Framework under Business Transformational Project 9 – Policies, Procedures and Local Laws (TP9) and the proposed review of council’s existing suite of policies.

 

Recommendation

 

That the Interim Administrator of Ipswich City Council resolve:

A.            That Council (Interim Administrator of Ipswich City Council) adopt the Ipswich City Council Policy and Procedure Management Framework (Attachment 1 to this report).

B.            That Council (Interim Administrator of Ipswich City Council) note the proposed process and timeframe for the review of Ipswich City Council’s suite of policies.

C.             That Council (Interim Administrator of Ipswich City Council) note the proposal to repeal existing policies which may be redundant or identified for transition to an administrative directive, procedure or supporting document.

 

13.           Proposed New Trustee Lease Over Reserve for Recreation Purposes - Australian Crawl (Goodna) Pty Ltd - 19A Toongarra Road Leichhardt

This is a report concerning the proposed Trustee Lease between Ipswich City Council as Trustee and Australian Crawl (Goodna) Pty Ltd for the whole of the land described as Lot 39 on Crown Plan 902321.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council terminate the Swimming Pool Management Agreement with Australian Crawl (Goodna) Pty Ltd located at 19A Toongarra Road Leichhardt described as Lot 39 on Crown Plan 902321.

B.             That Council, as Trustee of the Reserve located at 19A Toongarra Road Leichhardt, enter into a Trustee Lease with Australian Crawl (Goodna) Pty Ltd pursuant to section 236(1)(c)(iii) and (2) of the Local Government Regulation 2012 (QLD).

C.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the Trustee Lease to be executed by Council and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

 


 

14.           **Acquisition of Part of State Land Located at 61 Nicholas Street, Ipswich and the Disposal of Council Freehold Land Located at Lot 311 Clay Street, Ipswich for Park Purposes

This is a report concerning the acquisition of part of Reserve land owned by the State of Qld (the State) and the disposal of Council freehold land to be dedicated as Park, to resolve the encroachment of a deck and a historical encroachment of part of buildings on Reserve land.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council (Interim Administrator of Ipswich City Council) having duly considered this report dated 7 June 2019, be of the opinion that the following property (‘the land’) be acquired:

a.     Part of Lot 5 on Crown Plan I16205, 61 Nicholas Street, Ipswich

B.             That Council (Interim Administrator of Ipswich City Council) resolve pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation) that the exception referred to in section 236(1)(b)(i) of the Regulation applies to Council for the disposal of the following property (‘the land’) to be dedicated to the State of Queensland as Park:

a.     Lot 311 on SP304375, Lot 311 Clay Street, Ipswich

C.             That the Chief Executive Officer be authorised to negotiate and finalise the terms of the acquisition and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

D.             That a further report be presented to Council (Interim Administrator of Ipswich City Council) on the preferred option for the disposal of Part of Lot 5 on Crown Plan I16205 located at 61 Nicholas Street, Ipswich.

  

** Item includes confidential papers

and any other items as considered necessary.


Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570299

 

ITEM:              1

SUBJECT:        Council Meetings - Local Law (Repealing) Local Law No.2 (Council Meetings) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              27 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.2 (Council Meetings) 2019.

Recommendations

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019.

B.             That it be noted that a review of the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No.2 (Council Meetings) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

 

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.2 (Council Meetings) 2013 and Subordinate Local Law 2.1 (Council Meetings) 2013 (Attachment 1 and 2) whose objective is to provide a framework for the orderly and proper conduct of meetings of the Council and its Committees.

 

The local law review has resulted in the preparation of Local Law (Repealing) Local Law No.2 (Council Meetings) 2019  (Attachment 3). The one repealing local law contains provisions to repeal both Local Law No.2 (Council Meetings) 2013 and the Subordinate Local Law No.2.1 (Council Meetings) 2013. It is noted that there have been no anti-competitive provisions identified in the amended law.

A repeal is recommended as the Model Meeting Procedures prepared by the Department of Local Government, Racing and Multicultural Affairs (the “Department”) now sets out certain procedures to ensure the local government principles are reflected in the conduct of Committee and Council meetings. These procedures do not deal with all aspects of meeting conduct but those required to strengthen public confidence in the conduct of Councillors in meetings and the purpose of those meetings. It is proposed that Council will use the Model Meeting Procedure and best practice standing orders prepared by the Department as the basis for its new Meeting Procedures. It is also proposed that Council will include certain aspects from its existing local law and standing orders, that are not currently included in the model to ensure a robust set of rules exist.

The Local Government Act 2009 provides that a local government must either:

a.    adopt the Model Meeting Procedures, or

b.   prepare and adopt other procedures that are consistent with the Model Meeting Procedures for the conduct of its meetings.

Council will develop option (b) above and present these to Council for consideration and adoption prior to the repealing law taking effect so a seamless transition to the new meeting procedures occurs. The new meeting procedures, when adopted, will be made available to the public on Council’s website to enable transparency and understanding.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

There are no known implementation costs with repealing this law and replacing it with new Meeting Procedures.

RISK MANAGEMENT IMPLICATIONS

The Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedule requires amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Local Law (Repealing) Local Law No.2 (Council Meetings) 2013.

Attachments and Confidential Background Papers

 

1.

Local Law No.2 (Council meetings) 2013

2.

Subordinate Local Law No.2.1 (Council meetings) 2013

3.

Local Law (Repealing) Local Law No.2 (Council Meetings) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 1 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 1 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 1 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5563945

 

ITEM:              2

SUBJECT:        Administration - Local Law (Amending) Local Law No.1 Administration 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              27 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.1 (Administration) 2019.

Recommendation/s

 

That the Interim Administration of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.1 (Administration) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 27 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.1 (Administration) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.1 (Administration) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.1 (Administration) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Caring for the community

Listening, leading and financial management

Purpose of Report/Background

 

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.1 (Administration) 2013 (Attachment 1) whose objective is to provide a legal framework for the administration, implementation and enforcement of the local government’s local laws and subordinate local laws. In summary it provides the processes for:

 

·    Applications and approvals under Council’s local laws

·    Legal proceedings for offences under the local laws including general defences, recovery of costs and service of legal instruments

·    Appointment of authorised officers and their powers

·    Investigation and enforcement including compliance notices

·    Protection of Council officers in undertaking their role

·    Reviewable decisions

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.1 (Administration) 2019 (Attachment 2). It is noted that there have been no anti-competitive provisions identified in the amended law.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies and provide an improved layout and formatting to the law;

b.   clearer requirements of what is required in the application and approval process;

c.    clearer clarification and definition of compliance notices for contravention of local laws or approval conditions;

d.   Inclusion of ‘stop order’ provisions to enable an authorised person to give a relevant person an order to immediately stop an activity if the authorised person believes that continuation of the activity poses: an urgent and serious threat to public health and safety; or an urgent and serious risk of property damage or loss of amenity. The order may be given orally or in writing. (See page 19 of the amending local law for complete process). This is a standard provision in local laws for Council’s in Queensland and the same wording appears in the State Government’s Administration Model Local Law.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendments as they are administrative in nature.

RISK MANAGEMENT IMPLICATIONS

The Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedule requires amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Local Law (Amending) Local Law No.1 (Administration) 2019.

Attachments and Confidential Background Papers

 

1.

Local Law No.1 (Administration) 2013

2.

Local Law (Amending) Local Law No.1 (Administration) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 2 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 2 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5630582

 

ITEM:              3

SUBJECT:        Commercial Licensing - Local Law (Amending) Local Law No.3(Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              29 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses 4 and 5 above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

 Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.3 (Commercial Licensing) 2013 and Subordinate Local Law No.3.1 (Commercial Licensing) 2013 (Attachments 1 and 2) whose objective is to ensure that a licensed regulated activity doesn’t result in harm to health, safety or the environment; property damage; or a loss of amenity. It also ensures the operation of a licence regulated activity complies with the Local Government Acts that regulate the licence regulated activity by subjecting the licence regulated activity to an inspection, monitoring and enforcement regime.

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019 (Attachments 3 and 4). It is noted that there have been anti-competitive provisions identified in the amended laws and as such a public interest test will be conducted as part of the public consultation process.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies; and an improved layout and formatting to the law to assist with greater readability;

b.   clearer requirements of what is required in the application and approval process;

c.    inclusion of clearer and more detailed standard conditions on licences to assist applicants understand requirements of the activity.

d.   Clearer minimum standards provided for temporary advertising devices including the ability to now have illuminated signage for some types of signs, plus the inclusion of a new sign type ‘Street Pole Banners’ to promote key strategic messages/events of the City;

e.    Other key amendments/inclusions listed in the tables below.

Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019

Related Section

What is changing

Why is it changing

Enforcement expectations

New Section 5A – minimum standards for licence regulated activity.

Council may, in a subordinate local law, prescribe minimum standards for a licensed regulated activity (in addition to conditions on a licence itself); or if the activity is exempt from requiring a licence then minimum standards will apply regardless.

This addition allows Council to determine that there may be certain activities that don’t require a licence (or approval) from Council to undertake but that there be a minimum standard be complied with to ensure protection of health, safety, environment etc. Local Law 3 didn’t have these powers previously but they have existed in other laws eg there are minimum standards for keeping animals in certain circumstances that don’t require a permit. The amended Subordinate Local Law 3.1 will detail those activities that need to meet the minimum standards.

Activities that will be bound by minimum standards only (that is, no additional licences are required) will be enforced on complaint only or if witnessed by an authorised officer. Minimum standards allow for activities to be self-regulated.

Insertion of a new 6A – request for further information.

More prescriptive terms for Council and the applicant when applications are being made and requests for further information are made by Council (notice requirements for Council to undertake) and that if requested information is not provided on time that the application lapses.

The changes provide more clarity on the expectations of what Council is to do for the application when applications are made and additional information is needed. Previously if additional information was requested and wasn’t provided the Council could refuse the application. The changes mean that the application actually lapses (as it hasn’t been properly made in the first place) and that Council must provide a notice stating this. This change should provide greater clarity and transparency on the application process for licences.

This change is administrative in nature and Council business processes and systems will need to be updated to ensure notices are issued at the appropriate junctures for the customer/applicant.

Insertion of new Section 12A – Procedure for immediate suspension of a licence

Gives Council the ability to immediately suspend a licence if the Council believes that continuation of the activity by the licence holder poses an urgent and serious threat to public health or safety; or urgent and serious risk of property damage or loss of amenity

This provision was inadvertently omitted from previous drafting of Council’s laws in 2013. Similar provisions exist in other Council’s laws.

Council will always aim to work with Licensees to ensure health, safety, amenity and property are protected. This provision would only be used in extreme and required circumstances.

Addition of a new licensed regulated activity in Schedule 2 (Licenced Regulated Activities) – Pet Daycare

Pet day care means a service undertaken on a commercial basis, involving the temporary minding of pet animals at a premises, of no more than 10 animals at a time, but does not include overnight care, a veterinary clinic use or a service that solely relates to animal grooming.

The growth of pet ownership and the value that owners place on their beloved pets means that new markets have emerged to cater for ‘pet minding’ while people are at work etc. Council’s current licence types didn’t cater for this specific type of activity. This new licence type doesn’t negate the fact that other approvals may be required depending on the location of the commercial activity (eg planning approval).

The creation of this licence type will require associated administrative and promotional work (new forms, updated website etc). Enforcement will be on complaint only.

 

Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019

Related Section

What is changing

Why is it changing

Enforcement expectations

Replacement of Section 7 – Election Signs and changes in Schedule 2 (minimum standards for temporary advertising and election signs

Elections Signs as an activity is moving from requiring Council approval and payment of a bond by the candidate to only having minimum standards (criteria) that the candidate must abide by when placing signs in an election.

A review of other SEQ Councils revealed that most provide minimum standards for the display of election signs on Council controlled areas and roads during an election, there is no approval/application process or requirement to pay a bond or fee. The review also found that the minimum standards applied by the State Government for their controlled areas and roads were robust. Council has adopted the same conditions in the amended law as this will be beneficial for candidates in having a consistent approach across Local and State Government areas within the Ipswich local government area. Placement of signs needs to be regulated, particularly by the candidates, to ensure public health, safety, amenity and property are protected. Minimum standards provide an appropriate mechanism for this to occur without the increased administration of approvals or fees. Online guidelines will be developed for candidates to refer to.

On complaint or if witnessed by an authorised officer.

(Note: that if the minimum standards are not complied with an Authorised Person may seize the sign)

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendments as they are administrative in nature and will require business process changes.

RISK MANAGEMENT IMPLICATIONS

Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedules require amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Amending Local Law No.3 (Commercial Licensing) 2019 and Amending Subordinate Local Law No.3.1 (Commercial Licensing) 2019

Attachments and Confidential Background Papers

 

1.

Local Law No.3 (Commercial Licensing) 2013

2.

Subordinate Local Law No.3.1 (Commercial Licensing) 2013

3.

Local Law (Amending) Local Law No.3 (Commercial Licensing) 2019

4.

Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 3 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 3 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 3 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

Item 3 / Attachment 4.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570311

 

ITEM:              4

SUBJECT:        Permits - Local Law (Amending) Local Law No.4 (Permits) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              29 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.4 (Permits) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.4 (Permits) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.4 (Permits) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.4 (Permits) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.4 (Permits) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.4 (Permits) 2013 (Attachment 1) whose objective is to ensure that a permit regulated activity doesn’t result in harm to health, safety or the environment; property damage; or a loss of amenity. It also ensures the operation of a permit regulated activity complies with the Local Government Acts that regulate the permit regulated activity by subjecting the permit regulated activity to an inspection, monitoring and enforcement regime.

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.4 (Permits) 2019 (Attachment 2). It is noted that there have been anti-competitive provisions identified in the amended laws and as such a public interest test will be conducted as part of the public consultation process.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies; and an improved layout and formatting to the law to assist with greater readability (providing some consistency in layout for permits (Local Law 4) the same as licences (Local Law 3).

b.   clearer requirements of what is required in the permit application and approval process;

c.    inclusion of provisions to allow for Council to add minimum standards on activities where appropriate in the future.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendments as they are administrative in nature.

RISK MANAGEMENT IMPLICATIONS

Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedules require amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Amending Local Law No.4 (Permits) 2019 .

Attachments and Confidential Background Papers

 

1.

Local Law No.4 (Permits) 2013

2.

Local Law (Amending) Local Law No.4 (Permits) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 4 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 4 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570318

 

ITEM:              5

SUBJECT:        Parking - Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              29 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019.

Recommendation/s

 

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 29 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.5 (Parking) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.5 (Parking) 2013 and Subordinate Local Law No.5.1 (Parking) 2013 (Attachment 1 and 2) whose objective is:

a)   to provide for safe, efficient and equitable parking regulation in traffic areas, on roads and in off‐street regulated parking  areas in the local government area in accordance with Chapter 5, Part 6 of the TORUM Act including ‐ 

a.    establishing and regulating parking in traffic areas, on roads and in  off‐street regulated parking areas; and    

b.   fixing parking fees and regulating paid parking; and

c.    regulating the issuing  and use of parking permits1 ; and

d.   imposing temporary parking prohibitions and restrictions.

b)   to provide for the regulation of parking and storage of heavy vehicles in residential areas

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.5 (Parking) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019 (Attachment 3 and 4). It is noted that there have been no anti-competitive provisions identified in the amended law.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies and provide an improved layout and formatting to the laws;

b.   more rigour and detailed criteria for parking permits and when they can/cant be granted;

c.    increase the scope of heavy vehicle parking as a permit regulated activity to now include rural areas (in addition to the status quo of residential areas) – this has been amended in the Local Law. Rural areas are defined as those rural zones under Council’s planning scheme;

d.   Key amendments, primarily in the amended subordinate local law, as listed in the table below.

e.   

Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019

Related Section

What is changing

Why is it changing

Enforcement expectations

Rationalisation Section 9 - parking permits issued by Council

Permits that currently exist that will no longer exist under the proposed laws

·    Media parking permits;

·    Community group or charitable activites for general parking across the City; and

·    Councillor parking permits.

 

Proposed permits will be:

All proposed permits currently exist however they will have more rigour and transparency about when permits can be issued

 

·    A contractor or worker undertaking work on adjoining site. This is a Works Zone Permit – where tools of the trade are required to be near the site for a specific date/time. (Note: work zone permits will not granted where the site is also subject to a road closure permit – any parking should be included in the road closure permit)

 

·    A local government employee or contractor carrying out local government related activities (Note: the mere fact that a person is an employee is not sufficient for a permit to be granted. Examples of this permit include contractors who maintain Council’s parking metres; undertake maintainance of Council assets etc, and if a Council employee it must be a registered fleet vehicle)

 

·    A person who resides in a residence (within a regulated parking area) of which the permit is granted or a vistor to the premises (note that conditions and criteria apply to the granting of this permit and how many permits may be issued for one address)

Under the current laws permits have been issued to many and varied applicants where a perceived imbalance has occurred creating inequitable parking, particularly in the Ipswich CBD. That is, more permits resulting in longer term parking in sought after parking locations and less turnover of vehicles to assist businesses and customers in the area. The city is going through a cultural change through its growth from a country town to a major City in South East Queenslandan and the proposed permits are in line with other Councils in SEQ. The permits that will cease to exist have been a legacy of previous amalgamated Councils (Moreton and Ipswich) and a contemporary and balanced approach is needed.

 

Administrative process change but education and promotion needed. Normal parking patrols and complaint processes will continue. 

Insertion of New Declared Traffic Area Maps

Council currently has a declared traffic area for the Central Business District of Ipswich.

 

The proposed laws have added the below traffic areas (as defined by the included maps)

·    Springfield Traffic Area

·    Willowbank Traffic Area A & B

 

Declared Traffic Areas enable Councils to declare an area as a regulated parking area or traffic area with signage on the boundaries to such areas, for example, in Brisbane there are many including New Farm/Teneriffe; West End; Sunnybank along with traffic areas for Lang Park; The Gabba; St Lucia University of Qld.  

 

The addition of Springfield was identified as a growth area in iGO Transport Strategy and its inclusion in the law does not mean that there will be any immediate change to regulated parking hours or enforcement. The inclusion allows for future scoping to best manage the growth of traffic in that area.

 

The Willowbank Traffic Area A & B is also allowing Council to manage the traffic when major events occur to assist with traffic flow & safety;  and to ensure any potential impact on residents in the area is reduced.

There will be no immediate changes relating to the Springfield declared traffic area. Any implementation in the coming years will need to go through a community awareness process.

 

Likewise, the Willowbank Traffic Areas implementation will be scoped out with engagement to occur between Council, event organisers and local residents.

Insertion of new Off Street regulated parking areas

Council currently has the below off street regulated parking areas defined:

·    Foote Lane car park

·    Rodertick Street Council car park

·    Car park behind RSL building

·    Civic Hall car park

·    Eastern West Street car park

·    Western West Street car park

·    Laneway between Ipswich City Council Library and Administration Building

·    Ipswich Visitors Centre car park

·    Robelle Domain car park

·    Denmark Hill car park

·    Bob Gamble car park

 

 

The proposed laws have added the below as additional off street regulated parking areas:

·    Marsden Parade car park

·    Robelle Domain and Lagoon

·    Queens park

·    Olga Street car park

·    Limestone Park – Salisbury Road car park

·    Rosewood Library

The inclusion of the majority of new off street regulated areas is a result of community feedback where Council has received complaints about parking in these areas – primarily dangerous parking (eg parking in spots that aren’t defined parks meaning its dangerous to remove vehicles without damaging vehicles; and parking on grassed areas that could be damaging underground utilities or making it dangerous to exit the site into traffic). Council has not had the power to take enforcement action. With these areas added Council’s approach would be education and awareness before any fines would be issued.

The Rosewood Library has been added now in preparation for its completion and opening.

Awareness campaign to be rolled out with signage on site and any with any relevant user groups.

 

Enforcement would be on complaint or if witnessed by an Authorised Officer.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendments as they are administrative in nature, however there will be some promotional and signage expenditure required for immediate and longer term roll out of off street parking areas and declared traffic areas.

RISK MANAGEMENT IMPLICATIONS

Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedules require amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Amending Local Law No.5 (Parking) 2019 and Amending Subordinate Local Law No.5.1 (Parking) 2019.

Attachments and Confidential Background Papers

 

1.

Local Law No.5 (Parking) 2013

2.

Subordinate Local Law No.5.1 (Parking) 2013

3.

Local Law (Amending) Local Law No.5 (Parking) 2019

4.

Subordinate Local Law (Amending) Subordinate Local Law No.5.1 (Parking) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 5 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 5 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 5 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

Item 5 / Attachment 4.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570377

 

ITEM:              6

SUBJECT:        Animal Management - Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              30 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 has been undertaken and has identified potential anti-competitive provisions.

C.             That Council approve to conduct a public interest test in relation to any potential anti-competitive provisions contained within the proposed amended laws as part of the public consultation process mentioned in Clause D below.

D.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019, as detailed in Clause A above.

E.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.6 (Animal Management) 2019, in accordance with section 29A of the Local Government Act 2009.

F.              That, following public consultations and the State Government interest check, as detailed in Clauses C, D and E above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.6 (Animal Management) 2013 and Subordinate Local Law No.6.1 (Animal Management) 2013 (Attachment 1 and 2) whose objective is to regulate the keeping of animals—   

a)   to protect the community against risk of injury and damage; and  

b)   to ensure that animals do not create a nuisance or a risk to human health or safety; and   

c)    to prevent environmental harm and environmental nuisance resulting from the keeping of animals and to protect the amenity of the local environment; and  

d)   to ensure that animals are kept and used in a way that is consistent with the rights, expectations and enjoyment of the local community.  

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019 (Attachment 3 and 4). It is noted that there have been anti-competitive provisions identified in the amended subordinate local law and as such a public interest test will be conducted as part of the public consultation process.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies; and an improved layout and formatting to the law to assist with greater readability, especially when following seizure, impoundment, declaration and destruction processes;

b.   clearer requirements of owners responsibilities to have dogs under effective control  in dog off-leash areas to ensure a dog is not engaging in any behaviour which could reasonably harass, cause damage or other injury to another person or animal in the off-leash area. Council receives many complaints about dog behaviour in these areas where the owner may not have effective control of their dog including having the dog under their supervision at all times to control the dog;

c.    inclusion of a civil remedy clause (new S32A in the local law) if a sale or disposal of an animal under section 32 does not realise a sufficient amount to pay any prescribed fee owing to the Council in relation to the animal, the Council may recover the shortfall as a debt.

d.   Other key changes in the subordinate local law as described in the table below:

 

Related Section

What is changing

Why is it changing

Enforcement expectations

Amendment of Section 11 (Dogs prohibited in certain public places)

 

Inclusion of the following areas where dogs are prohibited:

 

·   Flinders – Goolman Conservation Estate;

·   White Rock – Spring Mountain Conservation Estate;

·   Mt Grandchester Conservation Estate;

·   Purga Nature Reserve;

·   Kholo Enviroplan Reserve;

·   Sapling Pocket;

·   Stirling Road Reserve; and

·   Kholo Gardens.

 

Conservation estates and reserves are managed for the preservation of their unique natural environmental values (e.g. habitat for koalas). They contain vegetated areas which provide habitat for a wide variety of the City’s biodiversity. The main reasons dogs are to be prohibited from these areas are:

·    Barking and scents left by dogs can scare wildlife and attract other predatory animals.

·    The smell and sight of dogs may be enough to disturb wildlife, cause stress and even in some cases causing young to be abandoned.

·    Native animals are vulnerable to diseases, viruses and parasites that dogs may carry on them and in their fecal matter.

·    Their presence can limit Councils ability to undertake pest animal control, particularly on wild dogs.

·    Even the most docile dogs are predatory animals and are therefore a threat to protected wildlife. They may escape, chase after wildlife and not return.  

 

There are a range of places and spaces that dogs can be taken whilst under effective control and Council has a large number of off leash areas available as well.

 

Council currently undertakes patrols in conservation estates and these will continue.

Change to minimum standards for animal keeping (Schedule 5, item 1)

Current laws state that –

 

Animal noise is considered excessive

1. If:

(i)           it is made or can be heard within a residential area for more than a total of 6 minutes whether continually or intermittently in any hour from 7 a.m. to 10 p.m. on any day; and

(ii)          in the opinion of an authorised person it unreasonably disrupts or inhibits an activity ordinarily carried out on residential premises; or

2. If:

(i)           it is made or can be heard in a residential area for more than a total of 3 minutes whether continually or intermittently in any 30 minute period on any day after 10 p.m. but before 7 a.m.; and

(ii)          in the opinion of an authorised person it unreasonably disrupts or inhibits an activity ordinarily carried out on residential premises.

 

The proposed laws state that –

 

Animal noise is a nuisance if it—

a)    is made by a domestic animal; and

b)   occurs more than once; and

c)    in the opinion of an authorised officer unreasonably disrupts or inhibits an activity ordinarily carried out on a residential premises.

 

Example for paragraph (c) – The barking of a dog, which disrupts a person –

a)    holding a conversation; or

b)    watching television; or

c)    listening to a radio or recorded material; or

d)   sleeping.

Current laws make it difficult to for an effective resolution to be reached for both the complainant and animal owner. Investigations on impact to quality of life for complainants and for the owner to understand motivations for the animal to make excessive noise will drive a better outcome for all involved. Animal noise is subjective in that what may be a nuisance for one person may not be for the next. The proposed drafting is similar to other Councils across SEQ as most are moving away from prescriptive minutes in an hour type monitoring.

No changes to current enforcement processes – on complaint.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation costs will be minimal for these amendments as they are administrative in nature.

RISK MANAGEMENT IMPLICATIONS

Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedules require amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Local Law (Amending) Local Law No.6 (Animal Management) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019.

Attachments and Confidential Background Papers

 

1.

Local Law No.6 (Animal Management) 2013

2.

Subordinate Local Law No.6 (Animal Management) 2013

3.

Local Law (Amending) Local Law No.6 (Animal Management) 2019

4.

Subordinate Local Law (Amending) Subordinate Local Law No.6.1 (Animal Management) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 6 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 6 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 6 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

Item 6 / Attachment 4.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570385

 

ITEM:              7

SUBJECT:        Local Govt Controlled Areas and Roads - Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              30 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultations and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.7 (Local Government Controlled Areas and Roads) 2013 and Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2013 (Attachment 1 and 2) whose objective is to:

 

a)   protect the health and safety of persons using local government controlled areas and roads;

b)   preserve the features and amenity of the natural and built environment under the local government's control;

c)    prescribe appropriate standards of conduct on local government controlled areas and roads;

d)   provide direction on use of and access to local government controlled areas and roads; and

e)   protect the assets of the local government.

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019 (Attachment 3 and 4). It is noted that there have been no anti-competitive provisions identified in the amended law.

 

A review has been conducted and drafting undertaken to:

a.    correct typographical errors and inconsistencies; and an improved layout and formatting to the law to assist with greater readability;

b.   inclusion of clearer and more detailed standard conditions on permits to assist applicants understand requirements of the activity;

c.    Inclusion of minimum standards for behavior and entry/use of local government controlled areas (Council buildings, libraries, public pools etc);

d.   Clearer instruction on the process for constructing, maintaining, repairing or removing vehicular crossings; and

e.    Key amendments to the subordinate local law as detailed in the below table:

Subordinate Local Law (Amending) Subordinate Local Law 7.1 (Local Government Controlled Areas and Roads) 2019

Related Section

What is changing

Why is it changing

Enforcement expectations

Schedule 2 – greater clarity on permit regulated activities

Inclusion of new permit regulated activities:

 

·    Carrying out works or interfering with a road or its operation

·    Personal Tributes*

·    Seasonal Sports Use

·    Personal Training

·    Accessing private property through, via or over a local government controlled area*

Current laws are broad in terms of use and exclusive use of local government controlled areas. Some activities have been captured broadly previously in legislation but more defined permit regulated activities allow for more precision with standard conditions and assist the applicant understand what they need to apply for and how to comply. The activities marked with an asterisk (*) are brand new activities as a result of customer requests and allowing Council to ensure that its assets are protected and managed accordingly

On complaint or if witnessed by an authorised person (where the activity is occurring without an approval)

Inclusion of a new prohibited activity

Inclusion of:

A ceremony or funeral service (other than within a cemetery) wehre human remains are to be displayed for viewing as part of the ceremony or service.

Council has received requests to hold funeral services in park and facility locations where the casket (with human remains) will be onsite during the service. There are a range of public health issues associated with human remains plus having human remains in a park or facility may impact on others use and enjoyment of the space. In reviewing this matter the whole of community needed to be considered.For this reason, given there are dedicated funeral premises available across the City from many different operators/businesses, is why this is being prohibited. It should be noted that this does not prohibited the use of parks or facilities for ‘wakes’ and rememberence services (where there are no human remains as part of the service). Appropriate bookings and approvals may be required depending on the site being required for such wakes etc.

On complaint or if witness by an authorised officer.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendments as they are administrative in nature and will require business process changes

RISK MANAGEMENT IMPLICATIONS

Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedules require amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Amending Local Law No.7 (Local Government Controlled Areas and Roads) 2019 and Amending Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019.

Attachments and Confidential Background Papers

 

1.

Local Law No.7 (Local Government Controlled areads and roads) 2013

2.

Subordinate Local Law No.7 (Local Government Controlled areads and roads) 2013

3.

Local Law (Amending) Local Law No.7 (Local Government Controlled Areas and Roads) 2019

4.

Subordinate Local Law (Amending) Subordinate Local Law No.7.1 (Local Government Controlled Areas and Roads) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 7 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 7 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 7 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

Item 7 / Attachment 4.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570396

 

ITEM:              8

SUBJECT:        Nuisances and Community Health and Safety - Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019

AUTHOR:       Strategic Policy and Systems Manager

DATE:              30 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as attached to the report of the Strategic Policy and Systems Manager dated 30 June 2019.

B.             That it be noted that a review of the proposed Amending Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Amending Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019, as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019, in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No.8 (Nuisances and Community Health and Safety) 2013 (Attachment 1) and Subordinate Local Law No.8.1 (Nuisnaces and Community Health and Safety) 2013 (Attachment 2) whose objective is to protect the community and its environment and amenity by eliminating or reducing nuisances and risks to the community’s health and safety.

The local law review has resulted in the preparation of Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 (Attachment 5) and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019 (Attachment 4). It is noted that there have been no anti-competitive provisions identified in the amended law.

Key amendments to both the local law and subordinate local law are included below.

 

Amending Local Law No.8 (Nuisnaces and Community Health and Safety) 2019

A review has been conducted and drafting undertaken to:

a.    update legislative references;

b.   correct typographical errors and inconsistencies, and an improved layout and formatting to the local law to assist with greater readability;

c.    clearer clarification of enforcement issues through updating wording and formatting

d.   key operational changes as indicated in the table below

Related Section

What is changing

Why is it changing

Enforcement expectations

New clause in section 7 – commission of nuisance

(See page 9 of Amended Local Law)

A person places, throws or otherwise discharges a stone, bottle or other object onto or over a road or other premises;

Council doesn’t currently have any powers to regulate this type of behaviour and has been seen as an omission in our laws.  The purpose is to protect public safety. Council currently receives complaints of this nature.

On complaint or if witnessed by an authorised officer

New clause in section 7 – commission of nuisance

A person paints, repairs, alters or maintains a vehicle on a road, except for minor maintenance in the event of an emergency.

Council doesn’t currently have any powers to regulate this type of offence on a public road and has been seen as omission in our laws. The purpose is to protect public health and safety and to reduce environment nuisance.  Council currently receives complaints of this nature.

On complaint or if witnessed by an authorised officer

New clause in section 9 – Placement of waste containers outside property boundaries

Not place any waste containers in a matter that is likely, in the opinion of an authorised person’s opinion, to cause:

·    Harm to human health or safety, or personal injury;

·    Property damage or loss of amenity; or

·    A traffic nuisance

Provisions apply in other local government areas. Included for consistency and issues that have arisen where waste container placement has been a nuisance and safety concern.

On complaint or if witnessed by an authorised officer

New Section 11 A (Leaving or taking trolleys outside retail premises) in Part 5 (Shopping Trolleys)

A person must not take a shopping trolley from retail premises or leave a shopping trolley at a place outside the retail premises unless:

The person takes or leaves the trolley with the consent of the owner  of that trolley; or

The person has a reasonable excuse

Current provisions in the local law focus on the retailer and requirements they must comply with. This addition allows for an offence on the person taking a trolley from the premises. Abandoned shopping trolleys can be a safety concern, nuisance and end up in the city’s waterways creating environmental nuisance.

 

 

On complaint or if witnessed by an authorised officer

New Section 16A (No Smoking Signs) in Part 6 – Smoke free areas

1)    The local government may place and maintain no smoking signs at the main entrance to smoke free places.

2)    It is not material to the commission of an offence under sections 17 or 18 that a person was not aware of the sign in subsection (1) or whether the sign had been removed or defaced.

Provides for a consistent documented approach for the no smoking symbol. See subordinate for more details. The symbol may appear on signs, thermally adhered to footpaths and other locations to make it clear that a person is entering a smoke free area.

N/A - Relates to signage design. Audits will be undertaken periodically.

Insertion of new Part 6A – Graffiti

18A Graffiti

(1)          This section shall not apply to —

(a)          public art commissioned on a commercial basis by or with the consent of the owner of the premises; or

(b)          public art on a wall or structure in a public place designated for its legal application.

(2)          If any building or other structure is marked with graffiti an authorised person may give a written notice (“graffiti removal notice”) to the owner or occupier of the land on which the building or structure is erected requiring the owner or occupier to remove the graffiti within 14 days of the notice being given.

(3)          If the graffiti is marked on a construction site hoarding erected beyond the boundary of the property on which the construction site is located, the graffiti removal notice may be given to the owner or occupier of the land on which the construction site is located.

(4)          If the graffiti is marked on a billboard or billboard structure, the graffiti removal notice may be given to the owner of the billboard requiring the billboard owner to remove the graffiti within 14 days of the notice being given.

(5)          A graffiti removal notice may be given by post or by personal service.

(6)          The recipient of a graffiti removal notice must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

 

Council currently doesn’t have any powers to assist with graffiti removal and clean-up. The provisions provided are the same as other local government areas eg Brisbane.

 

Rapid removal is the most effective way to prevent graffiti reappearing because it reduces the recognition that graffitists crave. It also shows that the affected area is being monitored and looked after.

 

 

A process will be developed where Council will work with the owner/occupier in the first instance to provide suggestions, techniques and methods on how to remove the graffiti and prevent re-occurrence. This notification and advice process will occur before any formal graffiti removal notices are issued. Initially this may be an ‘on complaint’ process but Council may consider a transition over time to proactive patrols and more education dependant on community need, resourcing and budgeting.

Amending Subordinate Local Law No.8 (Nuisnaces and Community Health and Safety) 2019

A review has been conducted and drafting undertaken to:

a.    update legislative references;

b.   correct typographical errors and inconsistencies;

c.    clearer clarification of enforcement issues through updating wording and formatting

d.   key operational changes as indicated in the table below

Related Section

What is changing

Why is it changing

Enforcement expectations

Insertion of a new Part 2 (No Smoking Signs) in Schedule 5 (Smoke Free Areas)

No smoking signs placed by the local government must contain a symbol similar to the one below and may also contain additional words describing the extent of the smoke free area and any other conditions to which it applies.

 

Provides for a consistent documented approach for the no smoking symbol. The symbol may appear on signs, thermally adhered to footpaths and other locations to make it clear that a person is entering a smoke free area.

N/A - Relates to signage design. Audits will be undertaken periodically.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;

·    Public consultation of amended local laws and subordinate local laws and their commencement.

Implementation and enforcement costs will be minimal for these amendements as most will be managed on a reactive basis. New business processes and some promotion will be required for the graffiti removal inclusions.

RISK MANAGEMENT IMPLICATIONS

The Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting) schedule requires amended local laws to commence prior to the end of the 2019 calendar year. Delays in approving the recommendations of this report will delay all steps of the formal local law making processes and ultimately their commencement.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Ipswich City Council Policy “Local Law Making Process”

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws (Queensland State Government)

COMMUNITY and OTHER CONSULTATION

Consultation has been undertaken with all Departments of Council to determine drafting instructions for the amended local laws. This consultation and feedback is based on officer and community feedback on operational matters within the local laws. The next stages of the local law review process includes full community consultation to enable meaningful feedback to be provided to Council. State Government interest checks will also be conducted on any amendments to a local law, noting that as per the Local Government Act 2009 this does not need to occur for any amendments to subordinate local laws.

Conclusion

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). The report is seeking approval to commence the Local Law making process which includes public consultation and State Government Interest checks related to Local Law (Amending) Local Law No.8 (Nuisances And Community Health And Safety) 2019 and Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances And Community Health And Safety) 2019.

Attachments and Confidential Background Papers

 

1.

Local Law No.8 (Nuisances and Community Health and Safety) 2013

2.

Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2013

3.

Local Law (Amending) Local Law No.8 (Nuisances and Community Health and Safety) 2019

4.

Subordinate Local Law (Amending) Subordinate Local Law No.8.1 (Nuisances and Community Health and Safety) 2019

 

Barbara Dart

Strategic Policy and Systems Manager

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Coordination and Performance

 

“Together, we proudly enhance the quality of life for our community”


Governance Committee

Meeting Agenda

9 July

2019

Item 8 / Attachment 1.

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Governance Committee

Meeting Agenda

9 July

2019

Item 8 / Attachment 2.

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Governance Committee

Meeting Agenda

9 July

2019

Item 8 / Attachment 3.

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Governance Committee

Meeting Agenda

9 July

2019

Item 8 / Attachment 4.

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Governance Committee

Meeting Agenda

9 July

2019

 

Doc ID No: A5570409

 

ITEM:              9

SUBJECT:        Extractive Industries - Local Law (Repealing) Local Law No. 25 (Extractive Industries)

AUTHOR:       Strategic Policy and Systems Manager

DATE:              30 June 2019

 

 

Executive Summary

This report is in relation to the Local Law Review which is a sub-project of Council’s Transformational Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). An internal review has been conducted recommending changes to Council’s existing local laws.

 

Approval is being sought to commence the Local Law making process which includes public consultation and State Government interest checks related to Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

A.             That Council propose to make Local Law (Repealing) Local Law No. 25 (Extractive   Industries) 2019.

B.             That it be noted that a review of the proposed Local Law (Repealing) Local Law No.25 (Extractive Industries) 2019 has been undertaken and no anti-competitive provisions have been identified.

C.             That Council approve to proceed to public consultation for the proposed Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 as detailed in Clause A above.

D.             That Council approve to proceed to the State Government interest check on Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 in accordance with section 29A of the Local Government Act 2009.

E.             That, following public consultation and the State Government interest check, as detailed in Clauses C and D above, the General Manager – (Coordination and Performance) be requested to prepare a report to a future Governance Committee meeting to progress the proposed amendments to the final stage of the formal local law making process, in accordance with the Local Government Act 2009 and Council’s Local Law Making Process Policy.

RELATED PARTIES

There are no known related parties associated with this report.

Advance Ipswich Theme Linkage

Listening, leading and financial management

Caring for the community

Purpose of Report/Background

-      Councils have the ability to make, amend and repeal local laws as per Chapter 3, Part 1 Local Laws (Sections 26 to 38B) of the Local Government Act 2009. As per Section 29, Councils may decide their own processes for making local laws for which Ipswich City Council has done in its policy “Local Law Making Process” which is available on Council’s website. The steps of the local law making process policy have been included in Stage 3 of the local law review schedule (see Table 1).

-      Council introduced a whole new framework of local laws in 2013 which rationalised 52 local laws and subordinates down to 18. As part of Council’s Business Transformation Program a review of Council’s existing local laws was included to ensure the laws are contemporary and relevant since it has been over 5 years since they were reviewed.

-      Council engaged external lawyers to be involved in the review and draft the amended laws which are included in this report.

-      The present review focussed on amending the current local laws to identify key issues impacting the City as well as operational and formatting issues.

All changes were identified through internal stakeholder consultation and an independent legal review by the external solicitors.

All issues raised by internal stakeholders were discussed with internal and external solicitors to determine if they would be included in drafting instructions.

Some issues weren’t included in drafting instructions because they could be managed through existing powers in the local laws or were covered in existing State legislation.

Most issues included in drafting instructions were operational in nature and also include an improved layout, correcting typing/formatting errors and inconsistences as well as updating legislative references.

Where appropriate or required benchmarking with other Councils was undertaken to determine a best practice approach for drafting.

-      As per Section 29A of the Local Government Act 2009 the State Government interest check process only applies to local laws. Subordinate local laws are not required to follow this process. Local Laws will be sent to the relevant agencies for their feedback during a three week period (Step 2 of Stage 3 in Table 1).

-      Public consultation on the amended local laws and subordinate local laws will be conducted over a three week period to seek meaningful feedback. Key highlights of the consultation process will be:

Advertisement in Queensland Times

Ipswich First articles

Dedicated web page on Council’s website

Ability to lodge submissions online, via email and post

Social media postings promoting the review and how to make a submission

Post close of the consultation period, and prior to the laws commencing, all submissions received that are properly made will be published online. A summary document will published that will include how submissions have been considered. 

-      Where relevant any anti-competitive provisions will be identified and included in any public consultation. If there are no anti-competitive provisions within an amended local law this will be noted. Council’s recommendations will also reflect this.

-      Council has liaised with the Department of Local Government, Racing and Multicultural Affairs to ensure legislative requirements are being met, in particular assistance with the State Government interest check process.

 

 TABLE 1: Local Law Review Schedule

Key Milestone

Planned Start Date

Planned Finish Date

Status

Stage 1 – Information Gathering

25/02/19

26/04/19

COMPLETED

Consultation with key internal stakeholders and staff on changes required to current local laws

25/02/19

29/03/19

Completed

Engagement of legal services to draft changes to laws

25/02/19

29/03/19

Completed

Engagement with Dept of Local Government on project and State Interest Check process

25/02/19

-

Completed

Consideration and finalisation of consultation submissions to develop complete list of changes required

29/03/19

26/04/19

Completed

Stage 2 – Development of draft laws

29/04/19

7/06/19

COMPLETED

Stage 1 outcomes to be given to legal services for drafting and finalizing drafts ready for stage 3

29/04/19

7/6/19

Completed

Consideration of public consultation requirements (campaign/community engagement)

29/04/19

7/6/19

Completed

Development of Council Committee Report

6/05/19

7/6/19

Completed

Stage 3 - Local Law Making Process and Public Consultation

09/07/19

1/11/2019

COMMENCED

Commence the local law making process as below:

 

 

 

Step 1 – Council resolution to make the proposed local laws; commencement date for new laws to be considered in this step.

July Committee Meeting 09/07/19

July Council Meeting

16/07/19

Commenced

Step 2 – Undertake State Government Interest Checks for changes to Local Laws (checks are not required for Subordinate Local Law Changes)

17/07/19

7/08/19

Ready to commence

Step 3 – Commence public consultation on all proposed local laws for a minimum of 21 days (see policy for requirements)

17/07/19

7/08/19

Ready to commence

Step 4 – Anti-competitive provision check (steps 3 and 4 can be undertaken contemporaneously)

17/07/19

7/08/19

Ready to commence

Step 5 – Accept and consider submissions properly made to the Council (see policy for criteria) + develop Council Committee report for step 6

8/08/19

30/08/19

Ready to commence

Step 6 – By Council resolution, decide to proceed/amend/cease local law making process (see policy for further info)

September Committee Mtg 10/09/19

September Council Mtg 17/09/19

Not Started

Step 7 – Let public know that the local law has been made with notice in accordance with Local Government Act 2009.

1/10/19

31/10/19

Not Started

Step 8 – make local laws available to the public

1/10/19

31/10/19

Not Started

Step 9 – Within 14 days of notice being published, complete Minister for Local Government requirements

1/10/19

31/10/19

Not Started

Step 10 – update the Council’s register of its local laws.

 

1/11/19

Not Started

**PROPOSED COMMENCEMENT DATE** 1 NOVEMBER 2019

 

 

 

Stage 4- Change Management Requirements

30/06/19

24/12/19

 

Establishment of Change Management project working group

-

30/06/19

Ready to commence

The above group to manage change of approved laws which includes  – communications (for community and staff); delegations; authorizations; marketing and customer service collateral; website information; scripting; systems changes (CES, Pathway, Oracle)

 

1/7/19

01/11/19 for GO LIVE then ongoing support till 24/12/19

Not Started

 

This report relates to Council’s current Local Law No. 25 (Extractive Industries) (Attachment 1) whose objective is to provide the criteria for when a permit is required for an extractive industry that will be carried out on land in the Ipswich Local Government Area (LGA).

 

The local law review has resulted in the preparation of Local Law (Repealing) Local Law No. 25 (Extractive Industries) 2019 (Attachment 2). It is noted that there are no anti-competitive provisions identified in the amended law.

 

The current local law has been in existence for many decades. There are only seven active permits in place as of June 2019 and there have been no new permits issued in the last decade.  The cost of an annual permit is $740 equating to $5,180 a year for the seven permits.

 

The local law sets out that a permit condition may include for the applicant to pay the council a contribution towards the maintenance of roads used or likely to be used in association with the extractive industry. Of the seven current permits only four of them are required to pay contributions to Council. The other three permits maintain the haul route road.  The four permits in total provide $18,350 in contributions each year.

 

All current permits only have conditions around road maintenance and determining haul routes plus public liability insurance. There are no other conditions specified.

Extractive industries land use is governed by the planning scheme and the permits in question have consent and development approval from the 1970’s through to the 1990’s. The current local law does provides criteria around noise, time of operation, tree planting, safety precautions, ingress and egress, fencing, and land reclamation. All the matters identified in the local law (except for road maintenance) are covered by other approvals, schemes and legislation. The development approval conditions, the Environmental Protection Act in particular and general nuisance provisions in other Council local laws are all able to manage complaints and issues that arise for any of the seven extractive industries currently permitted under the local law.

 

The recommendation to repeal Local Law No. 25 (Extractive Industries) 2013 is based on the following factors:

·    No new permits issued in over a decade

·    All current seven permits are captured by development approvals and planning scheme requirements

·    Minimal loss in road maintenance fees each year ($23,530) (Noting that the cost of administering the permit system would need to be taken into consideration and would reduce the loss amount)

·    Compliance issues can be managed through other legislation and approvals without the need for additional red tape and regulation by Council.

Financial/RESOURCE IMPLICATIONS

Associated operational budgets for the Local Law Review are contained within Transformation Project 9 (Review Policies, Procedures, Local Laws and the Committee Process and associated reporting). Costs will be expended primarily in the following areas:

·    Drafting and amending of all laws through an external legal firm;