consultation report advertising devices policy review – … · 2019. 8. 28. · ref no. summary...
TRANSCRIPT
Consultation Report
Advertising Devices Policy Review –
Proposed Amendments to Council’s Local
Laws and Public Interest Review
Consultation Paper
Prepared in accordance with the Local Government Act 2009 and Cairns Regional Council’s Local
Law Making Process
22 August 2019
Page 1 of 31
Contents 1. Executive Summary ......................................................................................................................... 2
2. Background ..................................................................................................................................... 2
3. Consultation .................................................................................................................................... 3
3.1. Statutory requirements ........................................................................................................... 3
3.2. Consultation period ................................................................................................................. 3
3.3. Consultation materials ............................................................................................................ 3
3.4. Communication and Public Notices ......................................................................................... 4
4. Consideration of Submissions ......................................................................................................... 4
4.1. Proposed Amendments to Council’s Local Laws ..................................................................... 4
4.2. Public Interest Review Consultation Paper ............................................................................. 5
5. Public Interest Review ................................................................................................................... 16
Appendix 1 – Summary of Proposed Amendments to Council’s Local Laws ........................................ 17
Appendix 2 – Public Interest Review Consultation Paper ..................................................................... 18
Appendix 3 – Statutory Requirements .................................................................................................. 28
Appendix 4 – Copy of Public Notice 11 July 2019 ................................................................................. 30
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1. Executive Summary
This Consultation Report has been prepared in accordance with the Local Government Act 2009 and
the Cairns Regional Council’s Local Law Making Process.
This Consultation Report has been prepared to document the process and outcomes of the public
consultation undertaken on Council’s proposed amendments to Council’s Local Laws in relation to
advertising devices. The report details when and how consultation was undertaken, the issues raised
in properly made submissions and how these issues have been addressed in the proposed
amendments.
The public consultation on the proposed amendments to Council’s Local Laws was part of the
Advertising Devices Policy Review Project. This broader project also included amendments to the
CairnsPlan 2016 Planning Scheme that were subject to a separate public consultation process. The
process and outcomes of that consultation are documented in a separate consultation report.
2. Background
Council currently regulates advertising devices through both its Local laws and CairnsPlan 2016
Planning Scheme. The planning scheme regulates the larger forms of advertising being; projecting
signage, illuminated signage (which includes digital signs), billboards and pylon signage. All other
types of advertising are currently regulated under the Local laws (No. 1 Administration and No. 4
Advertising Devices).
Since the commencement of the current planning scheme and suite of Local laws on 1 March 2016,
there has been an increased popularity in the use of digital signs for advertising. Council has
received a number of development applications for digital signs, and has also received enquiries
about establishing new digital signs.
A review of the regulation of advertising devices commenced in early 2017. The purpose of this
review was to establish a contemporary policy that provides for an appropriate amount of
advertising while protecting the unique values of the region.
Based on the outcomes of the review Council prepared a policy direction paper on digital signage
that was endorsed in August 2018. Since then, a package of proposed amendments to both the
CairnsPlan 2016 Planning Scheme and Council’s Local laws was prepared to implement the outcomes
of the policy review. The amendments to Council’s Local Laws included:
amendments to Council’s Local Law No. 1 (Administration) 2016; and
a new Local Law No. 4 (Advertising Devices) 2019; and
a Public Interest Review Consultation Paper on anti‐competitive provisions contained within
the amended and proposed Local laws listed above.
A summary of the proposed amendments to Council’s Local Laws is provided within Appendix 1 of
this report. A copy of the Public Interest Review Consultation Paper is provided within Appendix 2 of
this report.
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3. Consultation
3.1. Statutory requirements
The process that Council must follow for making or amending a Local Law is prescribed within Cairns
Regional Council’s Local Law Making Process that has been adopted in accordance with section 29 of
the Local Government Act 2009.
Appendix 3 provides a detailed outline of the requirements contained within the Local Government
Act 2009 and Cairns Regional Council’s Local Law Making Process for public consultation.
Anti‐competitive Provisions
Council’s Local Law making process requires Council to undertake a review of the proposed local laws to determine if these contain any anti‐competitive provisions, and where applicable, to assess the significance of any impacts.
Council identified that the proposed amendment to Local Law No. 1 (Administration) 2016 and the proposed Local Law No. 4 (Advertising Devices) 2019 contain provisions that may potentially have an anti‐competitive effect.
Public consultation was undertaken on the anti‐competitive provisions contemporaneously with the public consultation on the proposed amendment to Council’s Local Laws.
A Public Interest Review Consultation Paper was prepared for the purpose public consultation to identify the anti‐competitive provisions. Council sought feedback from the community and businesses to determine whether, on balance, the proposed provisions are in the overall public interest and should be retained.
3.2. Consultation period
The process for making an “other” local law under Council’s Local Law Making Process requires that
Council undertake public consultation for a period of at least 14 business days.
Council undertook public consultation for a period of 20 business days from 11 July 2019 to 9 August
2019 inclusive.
3.3. Consultation materials
The following documents were made available for inspection, download and comment during the
public consultation period:
a copy of the amendments to Council’s Local Law No. 1 (Administration) 2016; and
a copy of the new proposed Local Law No. 4 (Advertising Devices) 2019;
a copy of the Public Interest Review Consultation Paper on anti‐competitive provisions
contained within the amended and proposed Local laws listed above; and
a Fact Sheet on the Advertising Devices Policy Review project.
The documents above were available electronically on Council’s website and in hard copy at
Council’s Administration Building at 119‐145 Spence Street, Cairns.
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3.4. Communication and Public Notices
Council’s Website
A webpage on Council’s website was created to display the consultation material and also provided:
the dates that the consultation period opened and closed;
general information about the Advertising Devices Policy Review Project;
information about anti‐competitive provisions and the need for the Public Interest Review
Consultation Report; and
details on how to make a submission on the proposed amendments.
Public Notice
A Public Notice was placed in the Cairns Post on Thursday 11 July 2019. A copy of the public notice
was also available for inspection on Council’s website an at council’s Administration Building at 119‐
145 Spence Street, Cairns. A copy of the Public notice is provided within Appendix 4.
Email Newsletters
The following email notifications were sent:
Emails to subscribers to Council’s CairnsPlan 2016 e‐newsletter;
Emails to subscribers of Council’s Economic Development e‐newsletter;
Emails to all ABN holders within the Cairns Regional Council Local Government Area;
Emails to targeted community groups and organisations upon request; and
Emails to all known signage companies within the Cairns Local Government Area.
Consultation activities
Council officers responded to a number of enquiries on the proposed amendments and attended
meetings upon request to explain the proposed amendments and respond to enquiries.
4. Consideration of Submissions
In accordance with Cairns Regional Council’s Local Law Making Process, Council must consider every
properly made submission about the proposed amendment and may consider other submissions.
Council recognises the submitters for taking the time to review the proposed amendments and
make a submission.
4.1. Proposed Amendments to Council’s Local Laws
Council received a total of 8 submissions in relation to the proposed amendments to Council’s Local
Laws during the consultation period. All submissions received were properly made.
Council has reviewed and considered every submission and identified any changes to the proposed
Local laws.
Table 1 below provides a detailed summary of Council’s consideration of all submissions in relation
to the proposed amendments to Council’s local Laws.
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4.2. Public Interest Review Consultation Paper
Council received a total of 1 submission in relation to the Public Interest Review Consultation Paper
during the consultation period. All submissions received were properly made.
Council has reviewed and considered every submission and identified any changes to the proposed
Local laws.
Table 2 below provides a detailed summary of Council’s consideration of all submissions in relation
to the anti‐competitive provisions and Public Interest Review Consultation Paper.
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Table 1. Consideration of Submissions in relation to the proposed amendments to Council’s Local Laws
Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
1 The submission is against the banning of electronic advertising (digital signs) in the Babinda CBD on environmental grounds. Businesses in Babinda have made efforts to introduce environmental practices and reduce their footprint. The proposed policy for Babinda hinders the ability for businesses to reduce paper usage and small increments by the population at large creates a significant difference. The submission requests Council to review the policy and come up with a solution that is environmentally friendly.
Local Law No. 4 (Advertising devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐site advertising within Babinda where these signs are installed by a not‐for‐profit community group for the purpose of community information advertising; and
include a definition for ‘community information advertising’.
2 The submission requests that Council allow non‐profit organisations to utilise digital signage in prominent locations to provide information only (no commercial advertising).
Local Law No. 4 (Advertising devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐site advertising within Babinda where these signs are installed by a not‐for‐profit community group for the purpose of community information advertising; and
include a definition for ‘community information advertising’.
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
3 The submission requests Council to allow businesses in Babinda to compete on the same level as their competitors in larger cities and towns by allowing for the usage of digital signs. The submission requests that businesses in Babinda are able to have digital signs in or on their shop front, noting that there may be restrictions on position and size.
Local Law No. 4 (Advertising devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐site advertising within Babinda where these signs are installed by a not‐for‐profit community group for the purpose of community information advertising; and
include a definition for ‘community information advertising’.
4 The submission raises that there is no need for digital advertising as personalised advertising on mobile devices is a more contemporary for of advertising. Businesses are no longer reliant on physical signage and use mobile devices to attract customers.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. The proposed Local Law does not limit the ability for people to use other methods of advertising. The proposed local law aims to provide as many options as possible for businesses to advertise their products and services while ensuring that the character and amenity of Cairns is not adversely impacted.
The opportunity for digital signage provides a new form of income for building owners – that in turn removes the need or incentive to fill vacant shops in the Cairns city centre.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. The purpose of the local law is to regulate advertising devices and it does not give Council the ability to require tenancies to be filled.
Digitals signs are inconsistent with the amenity and identity of Cairns and also the Cairns 2050 vision, Council’s corporate plan, planning scheme and tropical urbanism.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. The proposed Local Law No. 4 includes requirements for proposed advertising devices to be consistent with character and amenity of the area in the location it is proposed. Character and amenity will be a consideration in the assessment of an application for digital signage.
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
The proposed local law does not address the cumulative impacts of bright advertising devices.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. Part 2, Section 11 of the proposed Local Law No. 4 includes conditions that must be imposed that limit the brightness of digital or illuminated signs. These conditions are conditions that must be imposed on a permit. The criteria for granting a permit contained in Part 2 also includes a limit on the number of digital signs per site, hours of operation and requirements for separation from sensitive land uses or zones primarily for sensitive land uses.
The proposed local law does not regulate the content of advertising devices. For example, lewd or inappropriate content or advertising for products or services outside the Cairns region.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. Council cannot regulate the content of advertising devices. This is regulated by the Classification of Publications Act 1991. Claims relating to defamation are dealt with under the Defamation Act 2005 and the Criminal Code. The Australian Association of National Advertisers also regulates content via a self‐regulatory Code of Ethics.
The proposed local law does not ensure a net benefit to the city and public spaces.
Local Law No. 4 (Advertising devices) 2019, All sections
Noted. No change. The proposed Local Law No. 4 includes limits on the maximum amount of advertising per site to reduce the overall impact on signage on a site, street and the region. The proposed local law aims to provide as many options as possible for businesses to advertise their products and services while ensuring that the character and amenity of Cairns is not adversely impacted.
The proposed local law is long, difficult to interpret, unclear and overregulates signage (e.g. the number of types of signs).
Local Law No. 4 (Advertising devices) 2019, All sections
Noted. No change. The proposed Local Law No. 4 (Advertising devices) 2019 provides new terms and definitions for advertising devices, including diagrams, to respond to the types of advertising being used in the region. The proposed Local Law No. 4 aims to allow as many types of devices as possible to occur without the need to obtain a permit from Council (identified in Part 4). Part 4, the
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
requirements for advertising devices that do not need a permit, is the longest and most significant part of the local law. A suite of fact sheets will be prepared to assist in interpreting the requirements within the proposed local law.
The submission requests that the approval period for a permit for a digital sign is reduced from 5 years to 3 years.
Local Law No. 4 (Advertising devices) 2019, Part 2
Noted. No change. The term of approval of 5 years is consistent with the expected life of digital signs. Based on this it is considered that a term of approval of 5 years is reasonable.
The submission requests that a maximum size for off‐site digital signs is included within the proposed local law. If there is no maximum size, digital signs have the potential to be as big, or bigger than the buildings they are on.
Local Law No. 4 (Advertising devices) 2019, Part 2
Noted. No change. Part 2 of the proposed Local Law No. 4 does not identify a maximum size for off‐site Digital signs as the maximum size of a device will depend on the design of the building on which it is attached. The proposed Local Law No. 4 includes requirements for the size of a Wall sign. These requirements will apply to a Digital that is also a Wall sign.
Digital signage is essentially a land use and signage should relate to the premises that is located on.
Local Law No. 4 (Advertising devices) 2019, All sections related to Digital signs
Noted. No change. The proposed local laws offer opportunities for both on‐site advertising and off‐site advertising. However, the local laws include provisions that restrict where and how off‐site advertising can occur within the region to ensure the predominant form of advertising in the region is on‐site advertising.
5 The submission raises that it would be beneficial to allow businesses in Babinda to be able to use Digital signage. The submission raises that not be able to use digital signage in Babinda results is not environmentally friendly.
Local Law No. 4 (Advertising devices) 2019, Part 3 Prohibited advertising devices
Noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site
advertising within Babinda;
remove the prohibition on Digital signs used for off‐
site advertising within Babinda where these signs
are installed by a not‐for‐profit community group for
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
It is requested that Council allow digital signage in Babinda on a case by case basis so that the character of Babinda is not impacted.
Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
the purpose of community information advertising;
and
include a definition for ‘community information
advertising’.
6 The submission questions the types of advertising devices proposed to be regulated under the Local Laws.
Local Law No. 4 (Advertising devices) 2019, All sections
Noted. No change. Section 37 of the Local Government allows Council to make a local law to regulate advertising devices.
The policy should allow Billboard signs to occur on other higher order roads other than just on a State Controlled Road.
Local Law No. 4 (Advertising devices) 2019, Part 2, sections related to Billboard signs
Noted. No change. Given the nature and scale of Billboard signs, it is considered that State Controlled Roads are the most appropriate locations for Billboard sign.
The industry standard for double sided billboards is for the faces to be set at approximately 45 degrees angle to the road. Faces of a billboard should be able to be arranged a 45 degree angles, not only back to back.
Local Law No. 4 (Advertising devices) 2019, Part 2, sections related to Billboard signs
Noted. Sections 7 and 22 have been amended to allow for Billboard signs to have faces arranged either back to back or in a “v” shape with an angle no greater than 45 degrees.
The Part 3 prohibited advertising devices are prohibited based on characteristics of the sign, not only by the type of device. This should be clarified with a note.
Local Law No. 4 (Advertising devices) 2019, Part 3
Noted. No change. This part must be read in its entirety to determine whether their device is a prohibited advertising device.
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
Part 3, section 13(e) prohibited advertising devices is difficult to read and could be clarified with examples.
Local Law No. 4 (Advertising devices) 2019, Part 3, section 13 (3)(e)
Noted. Part 3, section 13 (3)(e) has been amended (now section 13(4)(e)) and a new section 13(3) has been included to clarify the interpretation of this section. There has been no change to the content or meaning of this section.
The proposed local law should allow for portrait billboards as well as landscape shaped billboards. Portrait billboards are becoming more common.
Local Law No. 4 (Advertising devices) 2019, Part 3, section 13 (3)(c)(iii)
Noted. Part 3, section 13 (3)(c)(iii) has been amended to include a pylon sign where is replaces a billboard that was lawfully established prior to the commencement of this Local Law. Part 2, Sections 22 (h), 22 (l) and 51 have also been amended to allow for a portrait shaped billboard (defined as a Pylon sign) to be used in replacement of an existing Billboard sign.
The submission questions whether a Digital sign is the same as an Illuminated sign. If, so the definition of Illuminated sign should include reference to a screen or the like.
Local Law No. 4 (Advertising Devices) 2019, Schedule 2 Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The definition of Illuminated sign in Schedule 1 of Local Law No. 1 and Schedule 2 of Local Law No. 4 has been amended to exclude a Digital sign, clarifying that an Illuminated sign is not a Digital sign.
7 The submission request that Council revise the restrictions on digital signage in the commercial area of Babinda. The submission raises that the ability to use digital signage will support more competition
Local Law No. 4 (Advertising devices) 2019, Part 3 Local Law No. 1 (Administration)
The matters raised in the submission are noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐
site advertising within Babinda where these signs
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
with larger cities and towns. It will also be a more environmentally friendly outcome. The submission request that businesses be allowed to have digital signage in their shop front windows, noting that there will be restrictions on size and position.
2016, Schedule 1 Dictionary
are installed by a not‐for‐profit community group for
the purpose of community information advertising;
and
include a definition for ‘community information
advertising’.
8 This section prohibits the use of a wall sign for off‐site advertising through omission in the list provided. The submission requests Council to include Wall sign as the preferred form for an off‐site Digital sign is a Wall sign.
Local Law No. 4 (Advertising devices) 2019, Part 3, section 13 (3)(c)(iii)
Noted. This is a drafting error. Part 3, section 13 (3)(c)(iii) has been amended to include Wall sign, making it not prohibited to use a Wall sign for off‐site advertising and making this section consistent with the requirements in Part 2 for a Digital sign.
The submission raises that for each type of device Part 2 section 10 requires that the device complies with Part 4, however the device requires an assessment against Part 2 as it does not comply with Part 4. The submission requests Council to remove this requirement.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 10
Noted. Part 2 section 10 has been amended to remove the references to Part 4 for each type of device. Section 9(1) has been amended to clarify that an application will be assessed against the requirements within part 4 to the extent relevant.
The submission raises that Section (9)15 and (9)18 in Part 2 are duplications.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 9
Noted. Section 9(15) has been deleted to remove the duplication.
The submission raises that the requirements in Part 2 section 10 may not be relevant where an application is for a change to an existing sign (e.g. location).
Local Law No. 4 (Advertising devices) 2019, Part 2, section 10
Noted. A note has been included in Part 2 section 10 to clarify that not all criteria may be relevant where the application is for a change to an existing advertising device.
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
The submission raises that Part 2 section 22 (g)(ii) and (iii) are duplications.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 22
Noted. Section 22(g)(ii) and (iii) have been amended to remove the duplication across these provisions.
The submission questions why section 22 (o)(v) refers to section 8.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 22
This is a drafting error. Section 22 (o)(v) has been deleted.
The submission questions why section 35 (i)(v) refers to section 8.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 22
This is a drafting error. Section 35 (i)(v) has been deleted.
The submission raises that 0.3m2 is not appropriate for digital signs for service station pricing, menus or open and closed signs.
Local Law No. 4 (Advertising devices) 2019, Part 4, section 15, Table 2, section 10
Noted. Section 10 has been amended
The submission raises that section (35)(b) contradicts section 35(l) and one of these should be removed.
Local Law No. 4 (Advertising devices) 2019, Part 2, section 35
Noted. Section 35 has been amended to delete section 35(b).
The submission requests that the definition of public information advertising is amended to include community events, public places and public amenities and facilities.
Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The definition of public information advertising has been amended to include community events, public places and public amenities and facilities.
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Submission Ref No.
Summary of the grounds of Submission Section Reference Consideration
The submission requests that digital signs for on‐site advertising are not prohibited in Gordonvale and off‐site advertising is only prohibited where it is not for community advertising purposes.
Local Law No. 4 (Advertising devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
Noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Gordonvale;
remove the prohibition on Digital signs used for off‐
site advertising within Gordonvale where these signs
are installed by a not‐for‐profit community group for
the purpose of community information advertising;
and
include a definition for ‘community information
advertising’.
Table 2. Consideration of Submissions in relation to the Public Interest Review Consultation Paper
Submission Ref No.
Grounds of Submission Section Reference Consideration
3 The submission raises that the inability of businesses to be able to use digital signs in Babinda is anti‐competitive. The submission requests that businesses in Babinda are able to have digital signs in or on their shop front, noting that there may be restrictions on position and size.
Local Law No. 4 (Advertising Devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
The matters raised in the submission are noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐
site advertising within Babinda where these signs are
installed by a not‐for‐profit community group for the
purpose of community information advertising; and
include a definition for ‘community information
advertising’.
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5 The submission raises that not being able to modernise signage is anti‐competitive. It is requested that Council allow digital signage in Babinda on a case by case basis so that the character of Babinda is not impacted.
Local Law No. 4 (Advertising Devices) 2019, Part 3 Prohibited advertising devices Local Law No. 1 (Administration) 2016, Schedule 1 Dictionary
The matters raised in the submission are noted. The proposed Local Law No. 4 has been amended to:
remove the prohibition on Digital signs for on‐site advertising within Babinda;
remove the prohibition on Digital signs used for off‐
site advertising within Babinda where these signs are
installed by a not‐for‐profit community group for the
purpose of community information advertising; and
include a definition for ‘community information
advertising’.
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5. Public Interest Review
Council identified that the proposed amendment to Local Law No. 1 (Administration) 2016 and the proposed Local Law No. 4 (Advertising Devices) 2019 contain provisions that may potentially have an anti‐competitive effect.
Public consultation was undertaken on the anti‐competitive provisions contemporaneously with the public consultation on the proposed amendment to Council’s Local Laws. Council received two (2) submissions in relation to the anti‐competitive provisions and made changes to the proposed local laws to address the matters raised in these submissions.
Noting the changes that have been made in response to submissions, it has been determined that on
balance, the remaining anti‐competitive provisions should be retained in the proposed Local laws in
the overall public interest.
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Appendix 1 – Summary of Proposed Amendments to Council’s Local Laws
Amendments to Local Law No. 1 (Administration) 2016 The proposed amendments to Local Law No. 1 (Administration) predominantly relate to Schedule 1: Definitions. A suite of new terms and definitions for the types of advertising have been included. There are also new definitions for administrative terms that are used within Local Law No. 4 (Advertising devices). Proposed Local Law No. 4 (Advertising Devices) 2019 The proposed Local Law No. 4 (Advertising Devices) 2019 is a new Local Law that will replace the existing Local Law No. 4 (Advertising Devices) 2016. The proposed Local Law No. 4 is structured in a similar way to the existing Local law. The changes are predominantly contained within:
Part 2 Prescribed activity – these are the types of advertising devices that require a permit. This section includes criteria for assessing an application for a permit and also includes the conditions that must be imposed on a permit and those that will ordinarily be imposed on a permit.
Part 3 Prohibited advertising devices – these are the types of advertising devices that cannot occur within the Local government area. There are types of advertising devices and certain locations where types of advertising devices are prohibited. An application for a permit cannot be made for a prohibited advertising device.
Part 4 Advertising devices not requiring a permit – these are the types of advertising devices that may be established without the need to obtain a permit from Council, if they are established in accordance with the requirements contained within Part 4.
Schedule 1 Prohibited areas – this schedule contains maps showing the areas where digital signs are prohibited. These maps are referenced in Part 3.
Schedule 2 Types of advertising devices – this schedule contains a list of the types of advertising devices regulated under Local Law No. 4 (Advertising Devices) 2019 and includes an example diagram for each type of device.
Schedule 3 – Calculation of advertising area – this schedule describes the term ‘advertising area’ and provides guidance in how to calculate advertising area.
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Appendix 2 – Public Interest Review Consultation Paper
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Appendix 3 – Statutory Requirements
Table 1 – Extracts from Local Government Act 2009 and Cairns Regional Council’s Local Law making
Process
Part / Step Requirement Purpose
Local Government Act 2009 (Chapter 3, Division 2)
29A (3) A local government must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.
Consult
Part 29B A local government must let the public know that a local law has been made by the local government, by publishing a notice of making the local law— (a)in the gazette; and (b)on the local government’s website.
Publish / Inform
Council’s Local Law Making Process
Step 2 Consult with relevant government entities about the overall State interest in the proposed local law.
Consult
Step 3 (1) Consult with the public about the proposed local law for at least 14 days by: (a) ‐ publishing a notice (a consultation notice) about the proposed local law at least once in a newspaper circulating generally in the local government’s area; and (b) ‐ displaying the consultation notice in a conspicuous place at the local government’s public office from the first day of the consultation period until the end of the last day of the consultation period; and (c) ‐ making a copy of the proposed local law available for inspection at the local government’s public office during the consultation period; (d) ‐ making copies of the proposed local laws available for purchase at the local government’s public office during the consultation period; (2) ‐ The consultation notice must state the following: ‐ (a) ‐ the name of the proposed local law; and (b) ‐ the purpose and general effect of the proposed local law; and (c) ‐ the length of the consultation period and the first and last days of the period; and (d) ‐ that written submissions by any person supporting or objecting to the proposed local law may be made and given to the local government on or before the last day of the consultation period stating – (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds.
Publish / Consult
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Step 4 If the proposed local law contains an anti‐competitive provision, comply with procedures prescribed under a regulation for the review of anti‐competitive provisions. For avoidance of doubt, step 3 and this step 4 may be undertaken contemporaneously.
Inform / Involve
Step 8 Let the public know that the local law has been made, by publishing a notice of the making of the local law in accordance with the requirements of section 29B(1) to (4) inclusive of the Local Government Act 2009.
Publish / Inform
Step 9 As soon as practicable after the notice is published in the gazette, ensure that a copy of the local laws may be inspected and purchased at the local government’s public office, at a cost no more than the cost to the local government.
Publish
Step 10 Within 14 days after the notice is published in the gazette, give the Minister‐ (a) a copy of the notice; and (b) a copy of the local law in electronic form.
Give notice / Inform
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Appendix 4 – Copy of Public Notice 11 July 2019