for the community and cultural development committee meeting · 1/27/2016 · council meeting 29...

711

Adopted Report for the

Community and Cultural Development Committee Meeting

Held on

Wednesday 27 January 2016 at

2pm

City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

711th Council Meeting 29 January 2016 2 Community And Cultural Development Committee Meeting 27 January 2016 Adopted Report

Index Adopted Report

Community and Cultural Development Committee Meeting Wednesday, 27 January 2016

Item Direct. File Page Subject

1 CS LG115/1000/01/2015(P1) 5 2015-16 Proposed Agenda Items For The Community & Cultural Development Committee

2 CS FN334/375/02(P38) 8 2015-16 Local Area Works Program - Additions And Community Facility Contributions

3 CS PN194645/16/-(P9) 15 Petition - "Big W" - Runaway Bay Centre

4 CS LG426/-/-(P9) 19 Parliamentary Inquiry On Management Of Pest Animal Barrier Fences

5 CS CS431/437/13(P3) 29 Review Of Online Community Directory Trial And Proposal To Extend For 12 Months

6 CS CS433/263/17(P1) 37 Carrara Sports Complex - Proposed Name Change

7 CS LG222/365/18(P5) 41 Making Of Public Health, Safety And Amenity (Amendment) Local Law (No. 1) 2016 And Public Health, Safety And Amenity (Amendment) Subordinate Local Law (No. 1) 2016

8 CS LG222/365/30(P10) 172 Making Of Bathing Reserves Local Law (No. 1) 2016 And Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016

9 CS LG222/365/17/02/08(P3) 367 Proposal To Make Subordinate Local Law No. 16.8 (Advertising Devices) 2016

Closed Session

10 CS PN319739/16(P1) 434 Proposal To Rename Park At 47-49 Riverstone Crossing Maudsland

11 CS PN183190/16 444 Strategic Land Acquisition - Pimpama

General Business

12 CS FN334/375/02(P35) 460 2015-2016 Local Area Works Program – Additions And Community Facility Contributions



Item Direct. File Page Subject








21 CS FN334/375/02(P35) 462

2015-2016 Local Area Works Program – Additions And Community Facility Contributions

KEY: OCEO - Office of the Chief Executive Officer CI - City Infrastructure GCW - Gold Coast Water CS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects PE - Planning & Environment

711th Council Meeting 29 January 2016 4 Community And Cultural Development Committee Meeting 27 January 2016 Adopted Report ADOPTED BY COUNCIL 29 JANUARY 2016 9.4 COMMUNITY & CULTURAL DEVELOPMENT (Continued) ADOPTION OF COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE REPORT RESOLUTION G16.0129.020 moved Cr La Castra seconded Cr Grummitt That the Report of the Community & Cultural Development Committee’s Recommendations of Wednesday 27 January 2016, numbered CC16.0127.001 to CC16.0127.021, be adopted with the exception of:- Recommendation Numbers CC16.0127.004

CC16.0127.008 and CC16.0127.009 which were specifically resolved.

CARRIED ATTENDANCE Cr R La Castra (Chairperson) Cr T Gilmore departed at 2.47pm Cr M Grummitt Cr J Grew Cr C Robbins Cr G Tozer Visitors Cr Caldwell Cr Owen-Jones Ms C McCool Director Community Services Mr J Cohen Manager Health Regulatory & Lifeguard Services Mr B Madden Manager Property Services Mr R Greenwood Executive Coordinator Parks Mr B Robinson Executive Coordinator Major Sports & Aquatics Mr I Jamieson Senior Pest Management Specialist Ms W Hodges Environmental Health Officer Mr M Roberts Senior Development Compliance Officer APOLOGY / LEAVE OF ABSENCE Nil PRESENTATIONS Nil


ITEM 1 COMMUNITY SERVICES 2016 PROPOSED AGENDA ITEMS FOR THE COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE LG115/1000/01/2015(P1)

2015-16 PROPOSED AGENDA ITEMS FOR

THE COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE AS AT 8 JANUARY 2016

2016

ITEM BRANCH ACTION/ PREVIOUS RESOLUTION Community & Cultural Development Committee – All Meetings 2015-16 Local Area Works Program - Additions Community Services Transport & Local Area Works Report to every meeting round.

2016 Proposed Agenda Items for the Community & Cultural Development Committee Director’s Office Standing Item.

711 Council Meeting – Friday 29 January 2016 Community & Cultural Development Committee – Wednesday 27 January 2016 2pm Petition “Big W” – Runaway Bay Shopping Centre EHCLS Parliamentary Inquiry on Management of Pest Animal Barrier Fences Pest Management

Review of Online Community Directory Trial Safe & Liveable Communities Extension of existing trial for another 12 months Carrara Sport Complex – Name Change Community Venues Making of Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No 1) 2016

Health Regulatory & Lifeguard Services Final step by Council in the law making process

Making of Bathing Reserves Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016

Health Regulatory & Lifeguard Services Final step by Council in the law making process


ITEM 1 (Continued) 2015 PROPOSED AGENDA ITEMS FOR THE COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE LG115/1000/01/2015(P1) Propose to Make Subordinate Local Law No 16.8 (Advertising Devices) 2016 Health Regulatory & Lifeguard

Services

Step 1 in the law making process to propose the new law in order to streamline processes and assist in regulation of advertising devices as a result of advertising devices being removed from the Planning Scheme

Proposal to Rename Park at 47-49 Riverstone Crossing Maudsland Parks & Recreation Confidential report

Strategic Land Acquisition - Pimpama Parks & Recreation Confidential report 712 Council Meeting – Tuesday 16 February 2016 Community & Cultural Development Committee – Tuesday 9 February 2016 Future Provision of Grass Root Sport Parks & Recreation Commercial Activities Parks & Recreation 713 Council Meeting – Tuesday 8 March 2016 Community & Cultural Development Committee – Thursday 25 February 2016


ITEM 1 (Continued) 2015 PROPOSED AGENDA ITEMS FOR THE COMMUNITY & CULTURAL DEVELOPMENT COMMITTEE LG115/1000/01/2015(P1) Community & Cultural Development Committee – 2016 (Proposed – To Be Confirmed) Make Administration (Amendment) Local Law (No. 1) 2016 - Amends LL3.

Health Regulatory & Lifeguard Services

Final step by Council in the law making process.

Proposal to make Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016 to include a Schedule for an Excluded Parks Register for the purposes of Local Law No 9 (Parks and Reserves) 2008

Parks & Recreation Services

Step 1 in the law making process to propose the amending subordinate local law in order to include a Schedule for an Excluded Parks Register for the purposes of Local Law No 9 (Parks and Reserves) 2008

Possibly - Propose to make Amending Local Law No 12 Animal Management Health Regulatory & Lifeguard

Services

First step by Council in the law making process. Law may be required to allow stables (permits) in equine precinct. Legal advice currently being sought.

Propose to make Local Law No 21 (Major Events) 2016 Health Regulatory & Lifeguard Services

First step by Council in the law making process

Propose to make Local Law No 20 (Waste Management) 2015 Health Regulatory & Lifeguard

Services

First step by Council in the law making process. Law will largely replace the State’s repealed Waste Regulations

RECOMMENDATION It is recommended that Council resolves as follows: That the 2015-16 Proposed Agenda Items for The Community & Cultural Development Committee be noted. COMMITTEE RECOMMENDATION CC16.0127.001 moved Cr Grew seconded Cr Gilmore That the 2015-16 Proposed Agenda Items for The Community & Cultural Development Committee be noted. CARRIED


ITEM 2 COMMUNITY SERVICES 2015-16 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P38) Refer 2 page attachment 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is for Council to approve additions to the 2015-16 Local Area Works Program as detailed in Attachments 1 and 2. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION Councillors in conjunction with City officers have suggested that the projects as detailed in Attachments 1 and 2 be added to the 2015-16 Local Area Works Program. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN 1.0 The best place to live and visit.

1.1 Our city provides a choice of liveable places We can choose diverse lifestyle and housing options from rural to city living.

2.0 Prosperity built on a strong diverse economy

2.3 We have infrastructure that supports productivity and growth. We have connected and vibrant economic precincts.

3.0 People contribute to a strong community spirit 3.6 We are an active community

We enjoy the city and its enviable climate.

7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Funds are available within the various Local Area Works allocations to carry out the works as indicated in the attachments within the 2015-16 financial year. In the case of the Local Area Works Program – Additions, details of the additional annual operational/maintenance costs, estimated new/upgrade and renewal costs and estimated useful life of the new assets created are shown in Attachment 1. The new/upgrade cost is the cost to create or upgrade the asset.


ITEM 2 (Continued) 2015-16 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P38) The renewal cost is the cost to renew the asset in today’s dollars and includes disposal costs and design costs as required at the end of the asset’s estimated useful life. The works proposed in this report will be maintained and operated using WOC maintenance budgets unless otherwise specified. Budget submissions will therefore be lodged during future budget deliberations to cover maintenance and operational costs. These assets will be included in the relevant Asset Management Plans. Ongoing costs of community facility contributions are the responsibility of the organisation receiving the contribution. 9 RISK MANAGEMENT City Infrastructure’s risk in the terms of project development and delivery is mitigated by the risk management procedure 6-3 which is aligned with the Risk Management Standards AS/NZS 31000:2009. Community Services’ risk in the terms of project development and delivery is mitigated by undertaking risk assessments (including consequence and likelihood assessments and mitigation actions) as part of project planning and execution. Corporate Risk CO000431 - Non-compliance with State and Commonwealth Legislation leading to potential prosecution of the City and executive officer liability. City image now relates to grant making. Council’s diligent improvement of and adherence to its community grants policy will effectively mitigate this risk. 10 STATUTORY MATTERS Not Applicable. 11 COUNCIL POLICIES The policies applicable to the inclusion of Local Area Works projects listed for endorsement by Council is Local Area Works and Services Program Policy (iSPOT #48181699) and the Community Grants Policy. 12 DELEGATIONS Not Applicable. 13 COORDINATION & CONSULTATION Name and Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Cr T Gilmore Division 5 Councillor Cr D Crichlow Division 6 Councillor Cr AJD Bell Division 7 Councillor Cr R La Castra Division 8 Councillor Cr P Taylor Division 10 Councillor Cr J Grew Division 11 Councillor


ITEM 2 (Continued) 2015-16 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P38) Cr C Robbins Division 14 Councillor T Harding, Senior Parks and Open Space Officer

Community Services Yes

G Ellis, Program Coordinator Project Management Unit

City Infrastructure Yes

L Bennett, Recreational Services Officer


M Rowley, Parks Operations Officer


D Bruen, Senior Project Manager


N Griffiths, Recreational Services Officer


14 STAKEHOLDER IMPACTS The community, ratepayers and visitors to the Gold Coast will benefit from the new and improved facilities funded from the Local Area Works Program as listed in the attachments. 15 TIMING Projects listed with “TBA” will be added to the Local Area Works Program once formally approved by Council and included in Design/Construction Programs for implementation in conjunction with other priority works contained in the City’s Capital Works Program. 16 CONCLUSION The proposed additions to the Local Area Works and Services Program as suggested by divisional councillors in conjunction with City officers are listed in the attachments. It is recommended that Council approve the additions and community facility contributions in order that they can be delivered as soon as practicable. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the additions listed in Attachment 1 be approved for the 2015-16 Local Area

Works Program. 2 That Council approves the allocation of funds detailed in the Community Facility

Contributions Table in Attachment 2, these being Community Facility Contributions under Council’s Community Grants Policy.

Author: Authorised by: Garry Ellis Colette McCool Program Coordinator Project Management Unit Director Community Services 13 January 2016 Tracks Ref: # 53464471


ITEM 2 (Continued) 2015-16 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P38) COMMITTEE RECOMMENDATION CC16.0127.002 moved Cr La Castra seconded Cr Gilmore 1 That the additions listed in Attachment 1 be approved for the 2015-16 Local

Area Works Program. 2 That Council approves the allocation of funds detailed in the Community

Facility Contributions Table in Attachment 2, these being Community Facility Contributions under Council’s Community Grants Policy.

CARRIED


ATTACHMENT 1 COMMUNITY SERVICES – ADDITIONS

Project

Manager

Div

Project

No

Location and / or

Recipient Organisation

Description

Proposed Local Area Works Allocation

New / Upgrade. Preliminary Estimated

Capital costs $

Additional

Annual Operations & Maintenance

Costs $

Estimat

e Useful

Life Years

Future

Renewal Costs

T. Harding (CR259492)

5 TBA Catchlove Street, Pacific Pines

Allocation for the replacement of missing and damaged trees within Catchlove Street.

20,000 600 20 20,000

G. Ellis (CR259516)

6 25780 Various community organisations - Division 6

Increase the allocation for project #25780 Division 6 Community Concerts and Functions 2015-16 by $26,000 from $40,000 to $66,000 to cater for future events across the division.

26,000 N/A N/A N/A

L. Bennett (CR236989)

6 TBA Brighton Parade, Southport Formalisation of the carparking area within James Overell Park.

49,100 1,281 20 49,100

M. Rowley (CR253212)

7 TBA Cotlew Street East, Southport

Drainage rectification works on Slatyer Avenue Drain adjacent to #88.

46,000 N/A N/A 46,000

G. Ellis (CR260713)



5,000 N/A N/A N/A

G. Ellis (CR259604)



50,000 N/A N/A N/A

D. Bruen (CR260636)

11 25912 Christine Avenue, Varsity Lakes

Increase the allocation for project #25912 by $35,000 from $50,000 to $85,000 following the final design and estimate for the extension of the existing carpark adjacent to Sports House.

35,000 150 25 85,000

Sub Total 2,031 Cumulative Total 20,306

• Cumulative total is the total value of the additional annual operational maintenance costs for local area works funded Community assets submitted to Council for notation for the 2015-16 financial year as at the date of this report.


ATTACHMENT 2

COMMUNITY SERVICES – COMMUNITY FACILITY CONTRIBUTIONS

Reviewing Officer and CR#

Div Project

Number

Organisation

Eligibility

status

Purpose of Contribution

Amount

Merit of contribution

N. Griffiths (CR256540)

10 25798 Broadbeach Senior AFL Club

Eligible Towards the construction of new coaching boxes.

57,944 Existing club coaches boxes are nearing end of life and not compliant to AFLQ Guidelines.

N. Griffiths (CR260805)

14 25802 Currumbin Creek Paddlers Club Inc

Eligible Towards a new club storage facility

12,000 To assist the club to construct a new storage facility within Preston Park Currumbin.


ATTACHMENT 3 (CR256540)


ITEM 3 ENVIRONMENTAL HEALTH AND CITY LAW SERVICES PETITION – “BIG W” – RUNAWAY BAY SHOPPING CENTRE PN194645/16(P9) 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to provide advice to Council on the actions taken by Environmental Health and City Law Services (EHCLS) to investigate the alleged noise nuisance and if proven, assist the petitioners with their request. 4 PREVIOUS RESOLUTIONS Ex Minute G15.1020.038.

That the above Petition be received and referred to the appropriate committee for consideration and report to Council. 5 DISCUSSION A petition (containing nineteen (19) signatures) from residents of Runaway Bay was received on 15 September 2015. The petition was submitted in relation to an alleged noise nuisance thought to be arising from the use of a waste compactor at night and the early hours of the morning. The compactor was used in the operations of the “Big W” department store, situated at the Runaway Bay Shopping Centre, 151 Morala Avenue, Runaway Bay. The petition called for immediate assistance from the City of Gold Coast (the City) seeking to have the management of “Big W” change the operating hours of the waste compactor to the day time. EHCLS received an after-hours complaint from the chief petitioner on 22 September 2015. The On-Call Environmental Health Officer (EHO) was advised that a petition had been signed by neighbouring residents. The chief petitioner further advised that the residents were requesting assistance from the City to stop the use of a waste compactor by “Big W Runaway Bay” staff during the night time, because of the alleged noise nuisance it was causing. The On-Call EHO discussed the issue with representatives of “Big W” and requested that the compacter cease to be operated at night. The matter was then referred to the Area EHO to investigate further and resolve the issue on a permanent basis. The initial stage of the investigation failed to reveal the existence of relevant development conditions for the shopping centre that could be used to restrict the operating hours of the waste compactor. Accordingly, the noise complaint was further investigated to determine if it was causing unlawful environmental nuisance under the provisions of the Environmental Protection Act 1995 (EPA). During early October 2015, the Area EHO contacted the chief petitioner and advised of the investigation, possible actions EHCLS may take; and requested that petitioners maintain diaries of when the noise caused them a nuisance.


ITEM 3 (Continued) PETITION – “BIG W” – RUNAWAY BAY SHOPPING CENTRE PN194645/16(P9) The Area EHO then visited the “Big W Runaway Bay” and discussed the alleged noise nuisance with the Operations Manager, the Night-fill Manager and the Hard-goods Manager. Operating times were discussed and it was determined that the noise nuisance was most likely from the card board compactor that was often used until 10pm and sometimes later. Relevant provisions of the EPA were verbally explained during this meeting. To ensure both parties were kept informed of the progress of the issue, the Area EHO again contacted the chief petitioner to explain that the issue was to be actioned under the EPA. To also ensure both parties were aware of their rights and responsibilities under the EPA, correspondence was provided to the chief petitioner and to the management of the “Big W” store. A standard noise nuisance letter and a fact sheet, outlining provisions of the EPA, and copies of a blank diary were forwarded to the chief petitioner. A standard letter and fact sheet were also emailed to the manager of “Big W Runaway Bay”. This letter requested that the manager review the operation of the compacter considering how it may impact on neighbouring residents and to determine what actions could be undertaken to remedy the situation. Following a request from the “Big W Runaway Bay” Store Manager, a further meeting was arranged for the Senior EHO and the Area EHO to meet at the store to discuss allowable operating times for the cardboard waste compactor. Agreement was obtained in writing from the Store Manager that the operating hours of the compactor would be in accordance with the EPA noise standards prescribed for regulated devices. These standards stipulate no audible noise before 7.00am or after 7.00pm on a business day or Saturday; or on any other day before 8.00am or after 7.00pm. Following this agreement, the Senior EHO contacted the chief petitioner and confirmed that the operating hours of the compactor were being complied with. The chief petitioner thanked the Senior EHO for EHCLS’s assistance in resolving the matter.

6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN

Not Applicable. 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS No additional funding or resourcing was required to resolve this issue. 9 RISK MANAGEMENT Not Applicable. 10 STATUTORY MATTERS Section 99 of the Environmental Protection Act 1994 devolves the administration and enforcement to local government of section 440Q and the default noise standards. Section 440Q of the Environmental Protection Act 1994 makes it an offence for a person to contravene a noise standard.


ITEM 3 (Continued) PETITION – “BIG W” – RUNAWAY BAY SHOPPING CENTRE PN194645/16(P9) Section 440S of the Environmental Protection Act 1994 contains provisions relating to regulated devices as a default noise standard. (The mechanism of the waste compactor was considered to be a regulated device). 11 COUNCIL POLICIES Not Applicable. 12 DELEGATIONS EHOs of EHCLS have the appropriate delegations to enforce the provisions of the

Environmental Protection Act 1994 which relate to this matter. The relevant delegation is 1887 which states “To exercise each and every power and

function of the Gold Coast City Council in respect of the Environmental Protection Regulation 2008 as stipulated below: s98, s99, s100, s101 and s102 - to administer and enforce those provisions of the Act devolved to Council; S156 - to administer and enforce former environmentally relevant activities devolved to Council.”

13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted


Is the Stakeholder Satisfied With Content of Report and Recommendations

Store Manager “Big W” Runaway Bay Yes. Satisfied with outcome Chief Petitioner Community member Yes. Satisfied with outcome 14 STAKEHOLDER IMPACTS External / community stakeholder Impacts Impacted residents have had the matter resolved in a satisfactory manner. Management of “Big W Runaway Bay” has reorganised the operating hours of the

cardboard compacter so that it no longer causes a noise nuisance for neighbouring residents.

15 TIMING Not Applicable. 16 CONCLUSION A petition, from residents of Runaway Bay, was received requesting City’s assistance to have the management of “Big W Runaway Bay” change the operating hours of the waste compactor to the day time. Development Approval for “Big W Runaway Bay” does not contain operating hours for equipment such as waste compactors. EHCLS sought cooperation from the management of “Big W Runaway Bay” to comply with noise standards for regulated devices under provisions of the Environmental Protection Act 1994.


ITEM 3 (Continued) PETITION – “BIG W” – RUNAWAY BAY SHOPPING CENTRE PN194645/16(P9) Following consultation with the relevant parties and a change to the operating hours of the compacter, the submitter of the petition advised that the matter had been satisfactorily resolved and thanked EHCLS for its assistance. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council notes the satisfactory response to the petition presented to Council at its

meeting of 20 October 2015.

2 That the chief petitioner be advised of Council’s decision and be requested to advise other petitioners.

Author: Authorised by: Peter Sticklen Colette McCool Senior Environmental Health Officer Director Community Services 17 December 2015 TRACKS REF: Document11 COMMITTEE RECOMMENDATION CC16.0127.003 moved Cr Gilmore seconded Cr Grew 1 That Council notes the satisfactory response to the petition presented to Council

at its meeting of 20 October 2015. 2 That the chief petitioner be advised of Council’s decision and be requested to

advise other petitioners.

CARRIED


ITEM 4 PEST MANAGEMENT PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) Refer 2 page attachment 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to seek endorsement of the City of Gold Coast Council (Council) submission to the Queensland Parliament’s Agriculture and Environment Committee on the management of barrier fences by the Department of Agriculture and Fisheries (DAF) and the Darling Downs Moreton Rabbit Board (the Board). 4 PREVIOUS RESOLUTIONS Ex Council Minute No G13.1018.009 refers (in part)

That Council authorises the Chief Executive Officer to make the following submission on the Draft Invasive Plants and Animals Coinvestment Model that raises the following issues:-

1. Council does not support the continuation of the annual payment to DAFF and desires the removal of the need for Council to make an annual payment.

Ex Council Minute No G12.1120.013 refers (in part): 1 That the Mayor writes to the Minister for Agriculture Forestry and Fisheries requesting

Council be removed from the operational area of the Darling Downs Moreton Rabbit Board.

Ex Council Minute No G11.0131.025 refers:

1 That Council maintain its financial commitment to the operation and maintenance of the Pest Animal Barrier Fencing as controlled by the Darling Downs Moreton Rabbit District Board.

2 That the Mayor and Committee Chair meet with the Minister for Primary Industries, Fisheries and Rural and Regional Queensland to discuss a possible funding arrangement whereby the State Government would become the principal contributor to the Board’s operational expenditure by the provision of 50% of the total operating costs with the balance shared between member local authorities.

Ex Committee Minute No CC10.0908.005 refers: That the Mayor writes to the Minister for Primary Industries, Fisheries and Rural and Regional Queensland advising:

a That Council strongly requests that as part of the review of Queensland’s Pest Animal Barrier Fences, Gold Coast City Council is excised from the current operational area of the Darling Downs Moreton Rabbit District and

b That Council is not included in any new entity for the management of pest animal barrier fences within Queensland.


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6)

Ex Committee Minute CC10.0217.005 refers: “That the Mayor writes to the Minister for Primary Industries, Fisheries and Rural and Regional Queensland advising: • Council’s concerns regard Council’s inclusion in the current Darling Downs Moreton

Rabbit Board’s operational area and seeking advice as to the measurable benefit Council will gain from the continued provision of public funds for the maintenance of the consolidated pest animal barrier fence.

• That Council will advise the State on its position in relation to the creation of the new entity (joint Government Activity) under the Local Government Act 2009 for the management of the consolidated pest animal barrier fences upon receipt of a response to the one above

5 DISCUSSION In accordance with s.94 of the Parliament of Queensland Act 2001, the Agriculture and Environment Committee has resolved to report on the management of barrier fences by the Department of Agriculture and Fisheries and the Darling Downs Moreton Rabbit Board. For its inquiry, the committee will examine:

• the costs to maintain existing barrier fences • the effectiveness of barrier fences at protecting stock and crops from attacks by wild

dogs, rabbits and other introduced species • their unintended impacts on native species • recent upgrades to sections of the wild dog fence by the department; and • whether barrier fences should be expanded to other areas of the State to protect stock.

The inquiry will report on both the wild dog and rabbit barrier fences. Council of the City of Gold Coast (Council) does not contribute to the management of the wild dog barrier fence. This agenda will therefore only address management of the rabbit barrier fence (the Fence) by the Board. Under section 213 of the Land Protection (Pest and Stock Route Management) Act 2002 (LP Act), “A regulation may establish a pest operational board (Darling Downs Moreton Rabbit Board) to carry out pest management activities for a particular area (the operational area) identified in the regulation”. Presently the City of Gold Coast (City) is one of eight (8) local governments within the operational area (figure 1) of the Darling Downs Moreton Rabbit Board (Board).


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6)

Figure 1: Operational area (District) of the Darling Downs Moreton Rabbit Board. The Board’s function as defined under section 217 of the LP Act “is to take reasonable steps to ensure the Board’s operational area is kept free from declared pests managed by the Board”. The Board endeavours to maintain the fence to prevent the establishment of significant rabbit populations in the Board’s area. Currently, the fence stretches from Mt Gibbs, within the Lamington National Park, in Scenic Rim Regional Council to 20km west of Chinchilla in the Western Downs Regional Council. No part of the fence is within the City. In addition to the maintenance of the fence, the Board assists private and public land managers with rabbit control and carries out inspections within the Board’s operational area. The Board funds its activities through levies on the eight (8) local governments within the Board’s operational area. Funds are levied on the Board’s behalf by the State via an annual payment. Council’s requirement to make the annual payment to the State is written into the existing legislation (Land Protection Act 2002) and the new Biosecurity Act 2014 which will commence on the 1 July 2016. Local government contributions are the only funds provided to the Board, they receive no monetary contributions from the State or private landholders. Council’s payment to the Board for the 2015/16 financial year is $110,057 which is an increase of $4233 or 4% from the previous financial year (refer table 1).

Financial Year Contribution to DDMRB $ Increase % Increase

2015/16 $110,057.00 $4,233.00 4 2014/15 $105,824.00 $4,557.00 4.5 2013/14 $101,267.00 $3,424.00 3.5 2012/13 $97,843.00 $5,101.00 5.5 2011/11 $92,742.00 $5,167.00 5.9

Table 1: Annual Contributions by the City to Darling Downs Moreton Rabbit Board


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) Under current governance arrangements it is impossible to determine how the contribution from the City is split between maintaining the rabbit barrier fence and undertaking rabbit control and compliance activities within the Board’s operational area. Current governance requires the Board to report to the relevant Minister who approves the Board’s budget and works program even though the state provides no funding to the Board. This discrepancy of local government funding of the Board’s operations is further highlighted by the direct benefit the State receives by having their assets (e.g. National Parks) protected without contributing to the Board’s operational costs. The new Biosecurity Act 2014 (commencing 1July 2016) requires the State to consult with local government prior to expending funds sourced from annual payments. Biosecurity Queensland and Local Government Association Queensland developed an investment model whereby regional consultation groups would be formed to facilitate this new legislative requirement. In September 2013, the City was provided with an opportunity to make a submission on the draft Invasive Plants and Animals Co-investment Model. Council used this opportunity to express that it does not support the continuation of the annual payment to DAF and requested the removal of the need for Council to make an annual payment. While the original aim of the fence to prevent the northward spread of rabbits from the south of the rabbit fence was achieved, the Board now faces the problem of rabbit incursions from the unfenced area to the north and high rabbit numbers within the Board’s operational area. Without continued increases in levies on local government, it is questionable whether the board will be able to maintain the fence and control rabbits within its operational area. Council has participated in the almost continuous reviews of the Board’s governance and operations since 2009. A summary of the outcomes from previous reviews into the management of Queensland Pest Animal Barrier Fences is presented below. Between July 2008 and March 2009 the Independent Review of Queensland Government Boards, Committees and Statutory Authorities (the Weller Review) took place. The Part B report of the Weller Review (Brokering Balance: A Public Interest Map for Queensland Government Bodies - An Independent Review of Queensland Government Boards, Committees and Statutory Authorities) provided a specific recommendations that the Rabbit Board be abolished and its infrastructure functions (primarily the upkeep of the Fence) should be transferred to the eight local governments within the Board’s operational area. The State Government of the time supported the abolishment of the Darling Downs Moreton Rabbit Board. Following the Weller Review, the former Department of Employment, Economic Development and Innovation commissioned a “Review of the Management of the Pest Animal Barrier Fences in Queensland” by an independent consultant. The object of the review was to provide a comprehensive report (known as the Hyder Report) with recommendations to direct future administration, advisory functions, funding, governance and operational management of the three types of pest animal barrier fences in Queensland. Council was given an opportunity to comment on the Hyder report in June 2009. The Hyder report recommended that while the fences served a benefit and should be kept, the Board should be abolished and responsibility for management of the rabbit fence be combined with management of the wild dog barrier fence and individual local government check fences, Rabbit compliance would revert to local government. The report concluded by identifying that the separate management of pest animal barrier fences lead to less efficient and effective use of funds and resources.


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) In September 2009, PricewaterhouseCoopers (PwC) was engaged by the Queensland Government to develop options for governance of the fences. PwC recommended that: • Local government would be given primary power for holistic administration of the

rabbit fence. The State Government in collaboration with local government would retain responsibility for leading the strategic direction for pest management, including strategic issues involving the pest fences.

• PwC recommended that a “joint government activity” as prescribed under the Local

Government Act 2009 be used to create a new administering body. Participating local governments would jointly own and partially fund the new body, and would have requisite statutory powers for enforcing compliance, effecting repairs to the fences and liaising with landholders to achieve pest control.

Department of Employment, Economic Development and Innovation (DEEDI) supported the PwC model and engaged two independent consultants to prepare a report on the governance arrangements for the Queensland pest animal barrier fence. After meeting with Council’s representatives and other stakeholders the consultants recommended “that a new single entity should be established to manage the rabbit barrier fence and the wild dog barrier fence”. It is noted that despite many reviews with extensive consultation and consistent recommendations to abolish the Board, no action has been taken to change the status quo. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The best place to live and visit. We live in balance with nature. Implement the Pest Management Plan to protect local ecosystems and increase native vegetation cover 7 COMMONWEALTH GAMES IMPACT Not applicable 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Recurrent funding for Council’s contribution to the Board for the 2015/16 financial year is provided in cost centre 482. Costs for Capital Works and Service Proposals Not Applicable People and Culture Not Applicable


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) 9 RISK MANAGEMENT CO000412 - State and Federal Government position resulting in cost shifting to Council.

Advocate on behalf Council to both Federal and State Governments and other related agencies on significant issues impacting on the City.

10 STATUTORY MATTERS Land Protection Act 2002 S187 Minister may require local government to make annual payment (1) The Minister may, by written notice, for a financial year, require a local government to

pay an amount to the chief executive for services provided or to be provided by the chief executive for pest or stock route network management in the local government’s area.

(2) The amount must not be more than the maximum amount fixed under a regulation for the local government.

(3) In recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive in the local government’s area, including, for example, whether—

(a) a declared pest fence benefits land by protecting agricultural production in the area; or (b) part or all of the area is in the operational area for rabbits; or (c) land in the area may benefit from pest control programs undertaken by the State including, for example, emergency control action.

(4) The notice must state the period in which the amount required under the notice must be paid.

(5) The local government must pay the amount to the chief executive in the stated period.

213 Establishment of pest operational boards (in part) (1) A regulation may establish a pest operational board to carry out pest management

activities for a particular area (the operational area) identified in the regulation. 217 Function (1) A pest operational board’s function is to take reasonable steps to ensure the board’s

operational area is kept free from declared pests managed by the board. (2) The function is to be achieved mainly by—

(a) taking control measures to destroy the pests in the board’s operational area; and (b) developing and implementing works programs to maintain, as far as practicable, the board’s operational area in a pest-free condition.

11 COUNCIL POLICIES Not Applicable 12 DELEGATIONS Not Applicable


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted



Executive Management Officer to the CEO

Office of the CEO Yes

Projects and Portfolios Director

Council of Mayors (SEQ) Yes – Seeking individual SEQ mayor’s position before preparing their submission

Principal Advisor Natural Assets, NRM and Climate Change

Local Government Association of Queensland

Yes – Seeking comments before finalising their submission

14 STAKEHOLDER IMPACTS External / community stakeholder Impacts

• Excising Council from within the Board’s operational area will allow improved management of rabbits by Council and improve value for money.

• Council’s request to be excised from the operational area of the Board may create ill will towards Council from local governments included in the Board’s operational area.

Internal (Organisational) Stakeholder Impacts

• No issues raised from internal stakeholders 15 TIMING Closing date for written submissions is Monday, 29 February 2016 16 CONCLUSION Queensland Parliament’s Agriculture and Environment Committee have invited Council to provide a submission on the management of barrier fences by the Department of Agriculture and Fisheries (DAF) and the Darling Downs Moreton Rabbit Board (the Board). Council has previously resolved that it does not support the inclusion of the city in the operational area of the Darling Downs Moreton Rabbit Board. The attached submission supports the abolishment of the Board and suggests that local governments adjoining the existing fence should assume the responsibility for maintaining the fence. Council’s current contribution to the Board for management of rabbits and maintenance of the fence would achieve better value for money if solely utilised for management of rabbits within the city by Council.


ITEM 4 (Continued) PARLIAMENTARY INQUIRY ON MANAGEMENT OF PEST ANIMAL BARRIER FENCES HL147/269/-(P6) 17 RECOMMENDATION It is recommended that Council resolves as follows: That the Mayor, on behalf of the Council of the City of Gold Coast, provide a submission (Attachment 1) to the Queensland Parliament’s Agriculture and Environment Committee on the management of barrier fences by the Department of Agriculture and Fisheries (DAF) and the Darling Downs Moreton Rabbit Board (the Board)

Author: Authorised by: Iain Jamieson Colette McCool Senior Pest Management Specialist Director Community Services 8 January 2016 TRACKS REF: 52920461

RECOMMENDATION CHANGED AT COUNCIL MEETING 29 JANUARY 2016 Cr Tozer declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009), due to his position as Director of Darling Downs Moreton Rabbit Board, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. COMMITTEE RECOMMENDATION CC16.0127.004 moved Cr Tozer seconded Cr Gilmore That the Mayor, on behalf of the Council of the City of Gold Coast, provide a submission (Attachment 1) to the Queensland Parliament’s Agriculture and Environment Committee on the management of barrier fences by the Department of Agriculture and Fisheries (DAF) and the Darling Downs Moreton Rabbit Board (the Board) Cr Tozer voted in the positive

CARRIED COUNCIL MEETING 29 JANUARY 2016 RESOLUTION G16.0129.019 moved Cr Tozer seconded Cr Robbins

That Committee Recommendation CC16.0127.004 be adopted, with a change such that it reads in its entirety as follows: That the Mayor and Cr Tozer, on behalf of the Council of the City of Gold Coast, provide a joint submission (Attachment 1) to the Queensland Parliament’s Agriculture and Environment Committee on the management of barrier fences by the Department of Agriculture and Fisheries (DAF) and the Darling Downs Moreton Rabbit Board (the Board).

CARRIED UNANIMOUSLY


ATTACHMENT 1 Rob Hansen Research Director Agriculture and Environment Committee Parliament House BRISBANE QLD 4000 Dear Mr Hansen INQUIRY INTO BARRIER FENCES IN QUEENSLAND I am writing to provide you with Council of the City of Gold Coasts (Council) position in relation to the inquiry into management of barrier fences in Queensland by the Department of Agriculture and Fisheries and the Darling Downs Moreton Rabbit Board (the Board). Council considered this issue at its meeting on 29 January 2016 and would like to raise the following points with the Committee. Council considers the function, operation and activities of the Board to be outside its obligation. Council would like to request that its involvement and funding contribution to the Darling Downs Moreton Rabbit Board is discontinued. Council believes the commencement of the Biosecurity Act 2014 on the 1 July 2016 provides a unique opportunity to remove the City of Gold Coast (City) from the Board’s operational area. Council has been involved in the repeated reviews of the Board’s governance and operations that were initiated in 2009. It is disconcerting that after many reviews, submissions and recommendations a satisfactorily resolution has not been achieved. The following points are made in regard to the terms of reference offered by the Committee: Costs to maintain existing barrier fences Council believes the current costs to maintain exiting barrier fences can be reduced through the abolishment of the Board. Responsibility for future maintenance of the exiting fences should become an obligation for local governments or property owners that currently adjoin the fence and receive a direct benefit. Council levies could then be used to eradicate the isolated infestations of rabbits within our city. This view is consistent with the recommendations provided to and agreed to by previous State governments from the four previous reviews of the administration and operational function of the Board;

1. March 2009 Part B report of the Weller Review (Brokering Balance: A Public Interest Map for Queensland Government Bodies - An Independent Review of Queensland Government Boards, Committees and Statutory Authorities. Recommended that the Board be abolished and its infrastructure functions (primarily the upkeep of the Fence) should be transferred to the eight local governments within the Board’s operational area

2. June 2009 former Department of Employment, Economic Development and Innovation (DEEDI) Review of the Management of the Pest Animal Barrier Fences in Queensland (Hyder report) recommended that while the fences served a benefit and should be kept, the Board should be abolished and responsibility for management of the rabbit fence be combined with management of the wild dog barrier fence and individual local government check fences. Rabbit compliance would revert to local government. In conclusion the report identified the separate management of pest animal barrier fences lead to less efficient and effective use of funds and resources.


3. September 2009 PricewaterhouseCoopers (PwC) recommended that Local government should be given

primary power for holistic administration of the rabbit fence.

4. DEEDI engaged two independent consultants to prepare a report on the governance arrangements for the Queensland pest animal barrier fence. “that a new single entity should be established to manage the rabbit barrier fence and the wild dog barrier fence”.

Council incurs additional operational costs undertaking functions of the Board (inspections of private and state land for rabbit infestations, seizure and destruction of pet rabbits). Reports received from the Board show there is significant forward planning for activities related to fence maintenance, whereas compliance activities are purely reactionary. The perception is that fence maintenance is viewed as a higher priority than the management of rabbit infestations within the Board’s operational area. The effectiveness of barrier fences at protecting stock and crops from attacks by wild dogs, rabbits and other introduced species. While it is clear that properly maintained barrier fences will prevent the movement of animals from one side of the fence to the other, the issue of damage from rabbits that have bypassed the fences must be considered. The Board’s function as defined under section 217 of the Land Protection Act “is to take reasonable steps to ensure the board’s operational area is kept free from declared pests managed by the Board”. To achieve this, the Board endeavours to maintain a rabbit barrier fence (the Fence) to prevent the establishment of significant rabbit populations by preventing the northward spread of rabbits from south of the rabbit fence. Unfortunately, rabbits are now found at high numbers within and to the north of the Board’s operational area and the fence fails to prevent incursion from these populations. Council has no comments on the unintended impacts of barrier fences on native animals, recent upgrades to sections of the wild dog fence by the department or whether barrier fences should be expanded to other areas of the state to protect stock. To assist the Committee in its deliberations the following information is provided:

• Council’s area is not protected by the fence – the fence commences near Mt Gibbs on the western boundary of Lamington National Park which is within Scenic Rim Regional Council area.

• Local governments that are not Darling Downs Moreton Rabbit Board members and State and Commonwealth Government managed assets within the Board’s area receive protection without contributing funding.

• Annual work program and yearly budget for the Darling Downs Moreton Rabbit Board is approved by the

Minister for Agriculture without consulting with local government, despite local government wholly funding the Board’s operations.

I invite you to contact my Personal Assistant, Mary Calleja on (07) 5581 5282 or via email [email protected] to make an appointment with me to discuss this issue. Yours faithfully TOM TATE MAYOR


ITEM 5 SAFE AND LIVEABLE COMMUNITIES REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) 1 BASIS FOR CONFIDENTIALITY Not applicable. 2 EXECUTIVE SUMMARY Not applicable. 3 PURPOSE OF REPORT The purpose of this report is to present the findings of the online community directory trial service, provided by ‘My Community Directory’, and seek Council’s approval for a 12 month extension. 4 PREVIOUS RESOLUTIONS Ex Minute GA14.1209.009: 1. That a tender consideration plan be adopted for contract LG314/1185/15/013, without

first inviting quotes, to provide a one year trial subscription to the online Gold Coast Community Guide, in partnership with Gold Coast Community Legal Centre and Advice Bureau.

2. That the Chief Executive Officer be delegated authority to finalise and adopt the tender consideration plan, which will eventuate in a contract with My Community Directory for a period of one year.

3. That a report on the online directory be presented to Council prior to the completion of the one year trial period.

Ex Minute CC14.0605.003: 1. That Council supports a 12-month trial of an online community directory in partnership

with the Gold Coast Community Legal Centre and Advice Bureau. 2. That the trial be funded through an allocation of $30,000 from 2013-14 Division 6

Local Area Works and up to $10,000 from the Safe and Liveable Communities Branch operational budget (responsibility centre CS4050, cost centre 1004730).

3. That a report on the online directory be presented to Council prior to the completion of a 12-month trial.

Ex Minute G13.0723.023 refers, with item 4 being relevant to this report: 1. That Council proceeds with the incorporation of the Community Resource Directories:

Assisting Seniors in Gold Coast City and Assisting People with Disabilities in Gold Coast City into the Citizens Advice Bureau’s Gold Coast Community Guide.

2. That operational funds of $5,000 from Social Development and Community Safety’s Seniors and Disability Program be allocated in 2013-14 towards a one off consultancy to incorporate each Community Resource Directory’s information into the Gold Coast Community Guide.

3. That the Social Development and Community Safety Branch oversees the process of incorporating each Community Resource Directory’s information into the Gold Coast Community Guide to ensure information is accessible and meets the needs of seniors and people with a disability, including: i. Easy to navigate and readily searchable (online and in print); ii. Incorporates categories and sub-categories which identify services and

information in key areas of need, address emerging issues (e.g., dementia) and are easily interpreted;


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3)

iii. Relevant categories of the Community Guide able to be produced as a stand alone hardcopy (including in alternative formats upon request such as in Braille) and at a larger font size for people with a vision impairment, outside of the annual print run.

4. That the Social Development and Community Safety Branch supports the production of the Gold Coast Community Guide by allocating $10,000 (recurrent operational funds) commencing 2013-14, to procure services to maintain the currency and appropriateness of content for people with a disability and seniors.

5. That as part of the next round of invitations for Council’s Sole and Specialised Suppliers List, Citizens Advice Bureau be recommended for consideration as a specialised supplier for the purpose of providing services to maintain the currency and appropriateness of the content of the Gold Coast Community Guide for people with a disability and seniors.

6. That all new requests for inclusion of entries in the Community Resource Directories be referred to the Citizens Advice Bureau for consideration as part of the 2014-15 version of the Gold Coast Community Guide.

7. Any arrangements with the Citizens Advice Bureau to maintain entries from the Community Resource Directories in the Gold Coast Community Guide is reviewed following the release of the 2014-15 publication if expressions of interest are received in writing from other local commercial Directory providers.

5 DISCUSSION Background In order to improve the online functionality and searchability of the Gold Coast Community Guide publication (the Guide), the City, in partnership with the Gold Coast Community Legal Centre and Advice Bureau (GCCLCAB), has trialled a 12 month subscription to an online community directory service. The Gold Coast Community Directory website is externally hosted by ‘My Community Directory’. A link from the City’s homepage has been created to maximise use. All local non-profit community organisations listed in the Guide were migrated to the online directory. Many more organisations have since registered, and the online directory now contains more than 2,300 listings of community-based services and facilities on offer across the city. It is a valuable resource for residents, visitors and organisations, providing up to date information. Since being launched, the online directory has been very well utilised, with an average of 8864 users per month over the last 3 months. ‘My Community Directory’ is on the sole and specialised supplier list. The current contract for the 12 month trial is due to expire on 13 February, 2016. Online ‘Gold Coast Community Directory’ The online community directory service hosted by ‘My Community Directory’ enables access to a full suite of membership information and available functionality. This includes usage statistics, service mapping, data download, data validation, and a broadcast tool for communicating key messages to registered organisations via email. An SMS alert function is also available (at additional cost), which could be useful for alerting organisations in times of disaster management.


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) It is free and easy for community organisations to register and update their details. It is also free for all users to view, download and print customised search results or a location map of services and facilities. As our partner organisation for the 12 month trial, GCCLCAB assists registered organisations to update and maintain their online listings. They also continue to provide the database that forms the basis of the printed version of the Gold Coast Community Guide. Community Engagement Community engagement was undertaken to assess City business efficiencies and the community benefits from the trial. Community engagement ran for three weeks on the GC haveyoursay website. City staff, all registered organisations, GCCLCAB staff/volunteers, and the general public were invited to participate. Community engagement revealed:

• The continuation of the online directory is supported by 96% of all respondents. • The online directory is rated either ‘very useful’ or ‘extremely useful’ by almost three-

quarters of people who have accessed it. • Organisations are using the online directory to update and manage their listings, and

almost all that completed the survey found it beneficial. • City employees, residents/visitors and registered community organisations are able to

find the information that they are looking for. • The online directory assists a significant proportion of City users with answering

customer queries and saves them associated time. • More than 50% of the respondents are overall ‘very satisfied’ or ‘extremely satisfied’

with the online directory. A flow on benefit of the success of the trial is the potential to reduce the number of printed copies of the 2016 Gold Coast Community Guide. A reduced print run (from 10,000 to 8,000) will contribute to cost efficiencies for the City’s Corporate Communication Branch. Whilst there will always be a demand for hard copies, an increasing number of people are using the online directory to access the information in the Guide.

Outcomes of the trial The trial has delivered beneficial outcomes for the City and the community, including:

• The online community directory has proven to be a valuable and popular service for our residents and community, with a quicklink to the Community Directory on the City of Gold Coast’s homepage;

• There has been a significant increase in the number of people using the online community directory. Usage statistics provided by `My Community Directory’ reveal that there has been an average of 8864 users per month over the last 3 months;

• Residents, community organisations and City staff are able to find information quickly and easily, and the information is up-to-date. This has led to business efficiencies for City staff and community organisations responding to customer enquiries;

• The subscription with ‘My Community Directory’ has enabled improved communication between the City and registered community organisations, through


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3)

the delivery of key information on a regular basis using the ‘community broadcast’ email tool;

• There is potential to reduce the next hard copy print run for the Gold Coast Community Guide, with more people now accessing the online version; and

Risk of not continuing the online community directory service There is a perceived risk of not continuing the trial, particularly given the high usage of the online directory. The existence and benefits of the online directory have been well promoted to residents and community organisations since its launch in April 2015. Potential risks of not continuing include:

• removing a service that is well used and popular with residents and community organisations;

• reducing efficiency of staff time, with the presence of the online directory reducing the time it takes to respond to certain community enquiries;

• having to print more hard copies of the Community Guide if the online option was removed; and

• removing an online service that contributes to our city being an active digital city.

Proposal to extend the trial for 12 months Community engagement indicated that there is overwhelming support to continue the online community directory and the usage statistics provide further evidence of this. It is proposed to extend the trial for an additional 12 months, from February 2016 to February 2017. ‘My Community Directory’ is on the specialised and sole suppliers list, which would enable leveraging a 12 month extension of the current contract with the same terms and conditions. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The online community directory contributes to the achievement of the following Corporate Plan objectives: Theme 1.0 The best place to live and visit Outcome 1.5 We are an active digital city – we are switched on and

connected with the world. Theme 3.0 People contribute to a strong community spirit Outcome 3.3 Our community is inclusive and supportive – we are a diverse

community where everyone is welcome, families thrive and people know their neighbours.

7 COMMONWEALTH GAMES IMPACT This project has no direct connection to the 2018 Commonwealth Games (GC2018). However, it could provide an effective communication tool – to broadcast key messages to 2,300 local community organisations.


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations The current trial was funded by a contribution of funds from Division 6 Local Area Works and Services Program and existing operational funds from the Safe and Liveable Communities Branch. The estimated cost of a 12 month extension to the subscription to the online directory provider is $35,000 plus a $1,250 membership fee for our partner organisation GCCLCAB. It is proposed that the extension to the trial again be funded by an allocation of $26,250 from Division 6 Local Area Works and Services Program budget (as offered by Councillor Crichlow), and $10,000 from the existing Safe and Liveable Communities Branch operational budget. 9 RISK MANAGEMENT A 12 month extension to the online community directory service would assist to mitigate the following corporate risks: CO000443 Socially isolated residents resulting in low resilience and poor ability to

withstand threats to wellbeing. 10 STATUTORY MATTERS The addition of `My Community Directory’ to the specialised and sole suppliers list has been carried out in accordance with section 235 of the Local Government Regulation 2012 which allows Council to enter into a medium or large sized contractual arrangement without first inviting written quotes or tenders if: (a) the local government resolves it is satisfied that there is only one supplier who is

reasonably available; or

(b) the local government resolves that because of the specialised or confidential nature of the services that are being sought it would be impractical or disadvantageous to invite quotes or tenders.

11 COUNCIL POLICIES Not applicable. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date.


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) Name and/or Title of the Stakeholder Consulted


Is the Stakeholder Satisfied With Content of Report and Recommendations

David Cook, Co-ordinator ICT Procurement Operations

Organisational Services Yes

Warwick Sinclair, Manager Corporate Communication


Coordinator and Principal Solicitor

Gold Coast Community Legal Centre and Advice Bureau

As a partner in the trial, GCCLAB have been consulted and support the continuation of the trial and extension of the existing contract.

14 STAKEHOLDER IMPACTS External / Community Stakeholder Impacts Online access to relevant and current information about what services and facilities are available in our local community has been of great benefit to residents, businesses and visitors to our city. The improved searchability of information has allowed residents to locate, contact and connect with services in their local area quickly, and has helped community organisations to assist with client enquiries as they can easily download and print the information and maps that are required. The single database of the online directory has also been beneficial for community organisations and services by reducing duplication and demand on their resources to maintain and manage their databases. This has also resulted in improved currency of the listed information. It also helps to promote the services. If approved by Council, the 12 month extension to the online directory service will enable GCCLCAB staff/volunteers to provide ongoing assistance to organisations to maintain the currency of the information for the printed Community Guide and manage their listings online. Internal (Organisational) Stakeholder Impacts The 12-month trial of the online directory has resulted in improved business efficiencies. Time and effort to assist with customer enquiries has reduced; and a number of databases have been streamlined into one. Having an up-to-date, single contact point to communicate with the community has also been beneficial for the City. For example, ‘community broadcast’ email campaigns have been used to provide upcoming workshop details and relevant event information to all organisations listed in the online directory. An extension to the online directory subscription, if approved by Council, would likely contribute to cost efficiencies by reducing the number of hard copies of the 2016 Gold Coast Community Guide.


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) 15 TIMING The 12 month extension to the online directory subscription can commence upon expiry of the existing contract on 13 February 2016. 16 CONCLUSION An assessment of the 12 month trial of an online community directory has revealed significant benefits for local residents, community organisations, businesses, visitors, and the City. The beneficial outcomes include:

• The online community directory has proven to be a valuable and popular service for our residents and community, with a quicklink to the Community Directory on the City of Gold Coast’s homepage;

• There has been a significant increase in the number of people using the online community directory. Usage statistics provided by `My Community Directory’ reveal that there has been an average of 8864 users per month over the last 3 months;

• Residents, community organisations and City staff are able to find information quickly and easily, and the information is up-to-date. This has led to business efficiencies for City staff and community organisations responding to community enquiries;

• The subscription with ‘My Community Directory’ has enabled improved communication between the City and registered community organisations, through the delivery of key information on a regular basis using the ‘community broadcast’ email tool;

• There is potential to reduce the next hard copy print run for the Gold Coast Community Guide, with more people now using the online directory to access the information in the Guide.

In addition, the continuation of the online Gold Coast Community Directory has the overwhelming support of those who participated in the GC haveyoursay engagement. It is therefore proposed that the City extends the subscription to the online directory service provided by My Community Directory for an additional 12 months, with a review report presented to Council at the end of this renewed trial period to assess future viability and funding availability for the online directory service. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council accepts this report about the online community directory trial, in

accordance with ex minute CC14.0605.003.

2 That Council approve a 12 month extension to the trial of the online community directory service provided by My Community Directory.


ITEM 5 (Continued) REVIEW OF ONLINE COMMUNITY DIRECTORY TRIAL AND PROPOSAL TO EXTEND FOR 12 MONTHS CS431/437/13(P3) 3 That the 12 month extension to the subscription to My Community Directory for the

online community directory be funded by an allocation of $26,250 from 2015-16 Division 6 Local Area Works and Services Program, and $10,000 from the Safe and Liveable Communities Branch existing operational budget (responsibility centre CS4050).

4 That a report about the online community directory service be presented to Council prior to completion of the 12 month extension of the trial.

Author: Authorised by: Brooke Denholder Colette McCool A/Manager Safe and Liveable Communities Director Community Services 7 January 2016 TRACKS REF: 51072666 COMMITTEE RECOMMENDATION CC16.0127.005 moved Cr La Castra seconded Cr Grew 1 That Council accepts this report about the online community directory trial, in

accordance with ex minute CC14.0605.003. 2 That Council approve a 12 month extension to the trial of the online community

directory service provided by My Community Directory subject to the acceptance of the fact that Council has joint copyright ownership of the directory.

3 That the 12 month extension to the subscription to My Community Directory for the online community directory be funded by an allocation of $26,250 from 2015-16 Division 6 Local Area Works and Services Program, and $10,000 from the Safe and Liveable Communities Branch existing operational budget (responsibility centre CS4050).

4 That a report about the online community directory service be presented to Council prior to completion of the 12 month extension of the trial.

CARRIED


ITEM 6 COMMUNITY VENUES CARRARA SPORTS COMPLEX – PROPOSED NAME CHANGE PN278823/16(P6)

. 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to present to Council a proposal to change the name of the Carrara Sports Complex located on Nerang-Broadbeach Rd, Carrara to “Gold Coast Sports Precinct”. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION Carrara Sports Complex which is located on Nerang-Broadbeach Rd, Carrara, consists of Carrara Indoor Stadium, Carrara Stadium (Metricon), the soon to be completed Carrara Sports and Leisure Centre and multiple playing fields, including three new fields on the southern side of Nerang Broadbeach Road. The precinct will be the location for the opening and closing ceremonies, athletics, badminton, wrestling, and weightlifting competition for the Gold Coast 2018 Commonwealth Games™ (GC2018) and is currently undergoing significant changes. Currently underway is the construction of the new indoor sports and leisure centre, high profile Sports Administration and Training Centre, two elite sports fields, three new community fields, new plaza area and refurbishment of the current indoor and outdoor stadiums that will ensure that the profile of the complex will increase nationally and internationally. GC2018 is expected to attract a global television audience of 1.5 billion. During the event, approximately 3000 media representatives will visit the Gold Coast to publish more than 10,000 stories about GC2018, the host city and its people. Leading up to the GC2018, the complex will also host other major events, for example, the World Badminton Team Championships in 2017, as well as after the event. These events attract significant media coverage. Although the current suburban name of Carrara Sports Complex meets the need of the local community, it does not place it effectively for national and international audiences. With the development of the site, an opportunity exists to rename Carrara Sports Complex to the ‘Gold Coast Sports Precinct’. This will recognise the evolution of the complex into the Gold Coast’s signature sports precinct and harness the media exposure generated by the Commonwealth Games and other major events.


ITEM 6 (Continued) CARRARA SPORTS COMPLEX – PROPOSED NAME CHANGE PN278823/16(P6) Further to this, renaming the area to the ‘Gold Coast Sports Precinct’ may also make it more attractive for naming rights arrangements and other corporate sponsorship opportunities should Council wish to pursue these in the future. Furthermore, the new sports and leisure centre is also a nationally and internationally significant indoor venue and will be the City’s signature indoor facility. Accordingly, it is proposed this that new venue also be named the Gold Coast Sports and Leisure Centre. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Key Focus Area: 4 A safe city where everyone belongs. Outcome 4.1: Our active and healthy community embraces recreation, leisure and social

interaction. Outcome 4.2: We are safe and secure community and people live and visit without fear. Key Focus Area: 5 A city with a thriving economy.

Outcome 5.4: The lifestyle and opportunities are seen as advantages. 7 COMMONWEALTH GAMES IMPACT Carrara Sports Precinct will host the Opening and Closing ceremonies, Athletics,

Badminton, Weightlifting and Wrestling competitions for the Gold Coast 2018 Commonwealth Games TM.

The Precinct will provide new and upgraded facilities for a range of elite and community sporting groups on the Gold Coast. The redevelopment will increase the precinct’s potential to attract major sporting competitions and events in the future.

8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Limited funding within the Construction project budget for way finding signage Limited funding required to change over existing main road signs 9 RISK MANAGEMENT Not applicable. 10 STATUTORY MATTERS Not applicable. 11 COUNCIL POLICIES Signage and Brand Policy. 12 DELEGATIONS Not Applicable.


ITEM 6 (Continued) CARRARA SPORTS COMPLEX – PROPOSED NAME CHANGE PN278823/16(P6) 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Craig Irwin, Manger Community Venues & Services, City of Gold Coast

Yes

Toni Brownie Manager Economic Development, City of Gold Coast

Yes

Richard Pascoe, Executive Coordinator Commonwealth Games Unit

Economic Development & Major Projects, City of Gold Coast

Yes

David Spencer Stadiums Queensland, Yes Andrew Travis, CEO (Suns)

Gold Coast Football Club Yes

14 STAKEHOLDER IMPACTS Nil. 15 TIMING Construction works at Carrara Sports Complex are well underway. To support this, considerable collateral has already been developed using the existing name. This collateral includes fence wrap, project signage, fact sheets, and newsletters. It is proposed that following Council’s decision, that no new collateral will be developed until construction is completed. Existing collateral such as fence wrap and project signage should be retained until construction works are completed in late 2016. 16 CONCLUSION An opportunity exists to rename Carrara Sports Complex to the ‘Gold Coast Sports Precinct’ and the Carrara Sports and Leisure Centre to the ‘Gold Coast Sports and Leisure Centre. This will recognise the evolution of the complex into the Gold Coast’s signature sports precinct and harness the media exposure generated by the Commonwealth Games and other major events. Further to this, renaming the complex to the Gold Coast Sports Precinct may also make it more attractive for naming rights arrangements and other corporate sponsorship opportunities should Council wish to pursue these in the future. It is considered that the proposal meets the requirements of Councils Signage and Brand Policy.


ITEM 6 (Continued) CARRARA SPORTS COMPLEX – NAME CHANGE PN278823/16(P6) 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the Carrara Sports Complex located on Nerang-Broadbeach Rd, Carrara be

renamed “Gold Coast Sports Precinct”.

2 That the new sports and leisure centre be named the “Gold Coast Sports and Leisure Centre”.

3 That suitable signage be replaced / erected by Council to recognise the renaming of the site once construction is completed in late 2016.

Author: Authorised by: Brett Robinson Colette McCool Executive Coordinator Major Sports and Aquatics

Director Community Services

3 November 2015 TRACKS REF: 51998673 COMMITTEE RECOMMENDATION CC16.0127.006 moved Cr Grummitt seconded Cr Grew That the item be referred back for further consultation with stakeholders.

CARRIED


ITEM 7 HEALTH, REGULATORY AND LIFEGUARD SERVICES MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 Attachment 1: Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016

Attachment 2: Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016

Attachment 3: Copy of the existing Local Law No. 8 (Public Health, Safety and Amenity) 2008 (with the proposed tracked amendments)

Attachment 4: Copy of the existing Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 (with the proposed tracked amendments);

Attachment 5: Public Interest Test Report

Attachment 6: Anti-competitive provisions list

Attachment 7: Amendments to proposed laws

Attachment 8: Copy of Advertisement Gold Coast Bulletin 2 December 2015

1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is for Council to resolve to implement the recommendations of a public interest test report about the proposed laws; complete the local law making process by resolving to make the proposed local laws with amendments; and recommend adoption of proposed fees for permits issued under local law amendments. 4 PREVIOUS RESOLUTIONS Ex Minute CC15.1008.006 1 That Council resolve to propose to make Public Health, Safety and Amenity

(Amendment) Local Law (No. 1) 2015 (‘proposed Local Law’) per Attachment A 2 That Council resolve to propose to make Public Health, Safety and Amenity

(Amendment) Subordinate Local Law (No. 1) 2015 (‘proposed Subordinate Local Law’) per Attachment B

3 That Council comply with the Local Law Making Process resolved by Council pursuant to

Section 29 of the Local Government Act 2009 (‘the Act’), being Resolution No. G13.0212.015.

4 That the CEO be directed to do all things necessary to give effect to Items 1 – 3 of this

Resolution.


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 5 That Council resolve to—

a consult with relevant government entities about the overall State interest in Public Health, Safety and Amenity (Amendment) Local Law (No. 1)2015 before proceeding with the making of the local law; and

b to the extent considered necessary, consider and respond to the consultation with the relevant government entities about the overall State interest.

6 That pursuant to Section 257 of the Act, Council delegate to the Chief Executive Officer

of Council its powers under Section 38 of the Act and Section 16 of the Local Government Regulation 2012 to decide— (i) how the public interest test of Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 and Public Health, Safety and Amenity (Amendment)

Subordinate Local Law (No. 1) 2015 is to be conducted; and (ii) the matters with which the public interest test report in relation to the local law must

deal; and (ii) the consultation process for the public interest test and how the process is to be used in the public interest test.

7 That Council consult with the public about the proposed local law and the proposed subordinate local law for at least twenty-one (21) days (‘the consultation period’) by: a publishing a notice (‘a consultation notice’) about proposed local law and the

proposed subordinate local law at least once in a newspaper circulating generally in Council’s local government area; and

b displaying the consultation notice in a conspicuous place in Council’s public office from the first day of the consultation period to the last day of the consultation period and electronically in Council’s web page; and

c making a copy of the proposed local law and the proposed subordinate local law available for inspection at Council’s public office during the consultation period; and

d making copies of the proposed local law and the proposed subordinate local law available for purchase at Council’s public office during the consultation period.

8 That Council resolve to accept and consider every submission properly made to Council

about the proposed local law and proposed subordinate local law. 5 DISCUSSION 5.1 Introduction Council resolved to propose to make Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 which is now referred to as Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 per Attachment 1 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015 which is now referred to as Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 per Attachment 2 at its meeting of 20 October 2015. This changes were made to reflect the year in which the laws will be made. Staff have been progressing the making of the law in accordance with Council’s adopted process. The process has included consultation with the State Government (the State) and the community and undertaking public interest testing (PIT) of the laws including any possible anti-competitive provisions.


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 the community and undertaking public interest testing (PIT) of the laws including any possible anti-competitive provisions. Consultation and PIT results are contained in the steps below. 5.2 Results of Consultation with the relevant State entities The proposed local law has been reviewed by the relevant State agencies as part of the State-interest check process required under the Local Government Act 2009. State comments have been reviewed and addressed in Annexure C to Attachment 5. Comments received from the State did not warrant or constitute an impediment to Council proceeding to make the proposed local law. The Department of National Parks, Sport and Racing (NPSR) requested inclusion of reference to two (2) Acts to protect their staff (undertaking legislative duties) from breaching Council’s local law. The Department of Infrastructure, Local Government and Planning (ILGP) requested four (4) minor administrative amendments and raised concerns with the existing Section 6 of Local Law No. 8 (Public Health, Safety and Amenity) 2008 in relation to fundamental legislative principles. Independent legal advice confirms that Section 6 of the local law meets fundamental legislative principles. Minor amendments from this consultation are proposed (Attachment 7). 5.3 Results of Consultation with the Community Community consultation about the proposed local law and the proposed subordinate local law was undertaken in accordance with the requirements of the Local Government Act 2009 and the law making process previously adopted by Council. Consultation process Public consultation included the placing of an advertisement in the Gold Coast Bulletin on Wednesday 2 December 2015 (copy per Attachment 8). The notice advised the purpose and general effect of the proposed local laws and invited the public to make submissions. Submissions As part of the local law making process, Council must accept and consider every properly made submission. A summary of the consultation participation is contained in Table 1 below: Table: 1 Summary of Consultation Participation Summary of Information Results Number of Submissions Received

• 45 individual submissions (26 were from residents in Nexus Towers in Southport); and

• one (1) petition style submission from 132 residents from Harbourside Residential Resort in Biggera Waters

• total of 46 separate submissions for the proposed local laws.

Participation rate by the public on the “gchaveyoursay” site

• 241 page visits

• 55 actions (document download and submission).


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01

Summary of Information Results Type of submission receipt

• 40 online

• four (4) via email

• two (2) hardcopies (includes the petition style submissions).

Support or Objection to proposal

• 43 individual submissions objected to building work noise or building delivery noise

• One (1) petition containing 132 submissions objected to building work noise or building delivery noise

• Two (2) individual submissions supported the proposed amendments provided Council assessed each application on a case by case basis

Full details of submissions received and staff comments are at Annexure B of Attachment 5 of this report. Nuisance provisions There were no submissions received regarding the proposed changes to the nuisances provisions of the local law. Objections to building work out of hours All submissions received related to out of hours building and delivery work. The main objections relating to building work noise or building delivery noise included: concern that the proposal was a blanket twenty four hour seven days per week (24/7) approval; noise effecting health, general wellbeing and sleep; increased dust; light; traffic congestion; worker health and safety compromises; and inappropriate driver for change (i.e. Commonwealth Games and pro-development). 24/7 approvals Substantial concerns were raised regarding approvals for 24/7 operations (19 individual submissions plus the 132 signatory petition) and the effect of noise on health, wellbeing and sleep (41 individual submissions plus the petition). The proposed amendments are not a blanket approval for construction activities or delivery of building materials to be carried out 24/7. An application is required to be lodged and assessed and the applicant must prove that it is impracticable for the work to be carried out within prescribed times. A 24 hr permit may be issued for a few days under exceptional circumstances. Noise impacts Several of the submitters have experienced issues with ongoing noise due to the light rail construction. Residents of Nexus Towers have expressed concern for the potential for ongoing noise associated with three (3) proposed developments near their residential building. Noise at inappropriate times and levels has been shown to effect health, general wellbeing and sleep. Noise impacts are a key criterion to be considered prior to issuing a permit for after-hours building delivery or work. Applicants must prove that it is impracticable for the work to be carried out within prescribed times to be considered for a permit and may be required to submit an acoustic report prior to the application being decided. It is envisaged that the



issuing of a permit to allow 24 hours building work would be quite rare and subject to stringent conditions. Other impacts Potential dust and light impacts are manageable and will be considered in each application. Traffic congestion is likely to be minimal outside prescribed hours and any street closure involves a permit under Local Law No. 11 (Roads and Malls) 2008 and requires resident notification. Worker health and safety issues are a matter for the State Government who did not raise concerns in this regard. Whilst the proposed amendments will support development for some of the Commonwealth Games construction, it is not a driving factor. The formal public consultation process revealed community concerns around Council granting 24/7 out of hours building approvals as the norm. This however is not the intent and it is expected that such approvals shall be very rare and only when off-site impacts can be mitigated. It is recommended that the proposed laws be approved in their current form without amendment. 5.4 Results of Public Interest Testing of Possible Anti-Competitive Provisions The Act requires that where a local law contains an anti-competitive provision, Council must comply with the procedures specified in the Local Government Regulation 2012 (LG Regulation) for reviewing anti-competitive provisions. Council has complied with these requirements. A list of all of the anti-competitive provisions in the current review is at Attachment 6. No submissions were received concerning anti-competitive provisions in the law. Following community consultation, the PIT Report at Attachment 5 was prepared for the PIT Plan. The PIT Report recommends that the anti-competitive provisions that have been identified in the proposed local laws be retained in either the same, or substantially the same, form as advertised. 5.5 Amendments Consultation with the State Government resulted in the need for administrative amendments (per Attachment 7) to ensure clarity and consistency within the proposed laws. The amendments do not change the overall effect of any of the relevant provisions. The amendments contained in Attachment 7 have been made in Attachments 1 and 2 and reflected in the consolidated versions (Attachments 3 and 4). 5.6 Next Steps in Local and Subordinate Local Law Making Processes In accordance with Council’s law making process, Council may now resolve to make the proposed local laws with minor amendments and proceed to inform the public and the Minister. Any decision by Council at this late stage to change a provision of the proposed subordinate or local law may, depending upon the significance of the change, require further State-interest checks and public consultation. The proposed minor amendments do not require further consultation.


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 Under section 29 (5) of the LG Act, Council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992. The local law complies with this requirement. 5.7 Consolidated Versions of the Local Law and the Subordinate Local Law Section 32 of the LG Act provides that Council may prepare and adopt a consolidated version of a local law. A consolidated version of a local law is a document that accurately combines the local law as originally made with all the amendments made since it was originally made. Attachments 3 and 4 to this report are consolidated versions of each of the local law and the subordinate local laws which are to be adopted. 5.8 Proposed Fees for Permits Issued under Local Law Amendments Proposed fees are detailed in item 8 (Funding and Resourcing Requirements) of this report. 6 ALIGNMENT TO CORPORATE PLAN, OPERATIONAL PLAN The regulation of nuisances and the ability to permit commission of specific building noise nuisance has the following links to Gold Coast 2020. What we want to see by 2020 1.6 Our modern centres create vibrant communities 2.3 We have infrastructure that supports productivity and growth 3.1 Our city is safe 3.6 We are and active and healthy community 7 COMMONWEALTH GAMES IMPACT While not the intent of the amendments, they have the potential to support construction and maintenance of building work connected with the 2018 Commonwealth Games (GC2018). 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Applications for permits to perform building work outside of regulated hours were previously charged an application fee to cover the cost of processing the application. The cost of assessing permit applications under the proposed amendments will also include an application fee to cover the cost of processing applications for ‘building work noise’ and ‘building site delivery noise’. The proposed permit fees detailed in Table 2 below have been calculated based on the anticipated effort required to process the applications. By way of comparison other SEQ LG approve out of hours building work under a development permit for a Material Change of Use, including a permissible change request (see Table 3).


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 These fees will be introduced with the adoption of the Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016. Table 2: Proposed Fees for Permits Issued under Local Law Amendments AFTER HOURS BUILDING WORK Fee Name / Description Proposed Fee After Hours Building Work – For approval to carry out building work outside prescribed hours.

Weekdays, Saturdays, Sundays, All Public Holidays – PER Day

$320.00

After Hours Building Work – PER Week For approval to carry out building work outside prescribed hours.

Weekdays, Saturdays, Sundays, All Public Holidays – PER Week

$730.00

After Hours Building Work – PER Week (Amended) – For approval to carry out building work outside prescribed hours.

Weekdays, Saturdays, Sundays, All Public Holidays – PER Week

$365.00

(50% of Weekly application fee)

After Hours Building Work - PER Month – For approval to carry out building work outside prescribed hours.

Weekdays, Saturdays, Sundays, All Public Holidays

$1,430.00

After Hours Building Work - PER Month (Amended) – For approval to carry out building work outside prescribed hours.

Weekdays, Saturdays, Sundays, All Public Holidays

$715.00

(50% of Monthly application fee)

Table 3: Fee comparison with other councils 2015-16 financial year Sunshine Coast Council

Logan City Council Brisbane City Council

MCU Change Conditions - fee subject to application

MCU Change Conditions – $1000 - $3000

MCU Change Conditions - $1490 per application

9 RISK MANAGEMENT Table 4: Risk management impacts and mitigations relating to the proposed local laws Risk Mitigation Reduced amenity to the community from building work and building site deliveries outside prescribed times

The law amendments require application to be lodged prior to conducting building work outside of prescribed hours Any approval given will be conditioned to minimise impacts on amenity

Key aspects of some building work would cause significant disruption to the community if conducted during prescribed times

The law amendments will reduce negative impacts on the wider community by providing an avenue for key building work to be conducted outside prescribed times


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 10 STATUTORY MATTERS Council’s obligation to address statutory matters, and in particular the requirements of the Local Government Act 2009, are detailed in item 5 (Discussion). 11 COUNCIL POLICIES Community Consultation Policy

12 DELEGATIONS Officers hold delegations with respect to local laws. 13 COORDINATION & CONSULTATION Table 3 Stakeholders consulted

Name and/or Title of the Stakeholder Consulted


Is the stakeholder satisfied with content of report and recommendations?

Warwick Sinclair Manager Corporate Communications


David Montgomery City Solicitor

Legal Services Yes

14 STAKEHOLDER IMPACTS The review is being conducted in accordance with the statutory requirements of the Local Government Act and has involved stakeholder consultation and public interest testing of anti-competitive provisions. 15 TIMING If Council now resolves to make the proposed local law and the proposed subordinate local law with amendments, as recommended, Council must (pursuant to the requirements under the local and subordinate local law making processes, and the LG Act):

a Within one (1) month of the date of the resolution, let the public know that the proposed local laws have been made by publishing a notice in the gazette and on Council’s website (which notice must comply with the requirements in section 29A of the Local Government Act); and

b 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 Council’s public office; and

c Within 14 days after the notice is published in the gazette, give the minister a copy of the gazette notice, a copy of the laws in electronic form, and advice of each anti-competitive provision and the reasons for their inclusion.

Council will also be required to update its register of local laws.


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 16 CONCLUSION The purpose of this report is for Council to resolve to implement the recommendations of a public interest test report about the proposed laws; complete the local law making process by resolving to make the proposed local laws with amendments; and recommend adoption of proposed fees for permits issued under local law amendments. All submissions received related to out of hours building and delivery work. The main objections relating to building work noise or building delivery noise included: concern that the proposal was a blanket twenty four hour seven days per week (24/7) approval; noise effecting health, general wellbeing and sleep; increased dust; light; traffic congestion; worker health and safety compromises; and inappropriate driver for change (i.e. Commonwealth Games and pro-development). The proposed amendments are not a blanket approval for construction activities or delivery of building materials to be carried out 24/7. An application is required to be lodged and assessed and the applicant must prove that it is impracticable for the work to be carried out within prescribed times. A 24 hr permit may be issued for a few days under exceptional circumstances. The draft laws give effect to Council’s resolution of October 2015 to introduce a permit to allow for noise associated with building work outside prescribed noise standards within the Environmental Protection Act 1994 and proposed changes to the commission of a nuisance. Council has previously resolved to make the local laws identified in Attachments 1 and 2 and has complied with the required steps, detailed in Council’s local law and subordinate local law making processes, in order for the proposed local laws to be made with minor amendments. It is recommended that Council resolves to implement the recommendations of a public interest test report about the proposed local laws; make the proposed local laws, with amendments; adopt consolidated versions of its existing local laws the subject of the review, incorporating all amendments to be made by the proposed local laws; and adopt the new proposed fees detailed in item 8 for permits issued under local law amendments. 17 RECOMMENDATION It is recommended that Council resolves: 1 To implement the recommendations of the Public Interest Test Report in Attachment 6

about Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016.

2 To make Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 as amended and as detailed at Attachment 1, in accordance with step seven (7) of its local law making process, adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).

3 To make Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016, as amended and as detailed at Attachment 2, in accordance with step five (5) of its subordinate local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).



4 To record that Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 contain anti-competitive provisions, which are detailed in Attachment 6.

5 To advise the public that Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 have been made, by publishing a notice of the making of the local laws in accordance with the requirements of Section 29B of the Local Government Act 2009.

6 To give notice of the making of the local laws to the Minister in accordance with the requirements of Section 29B (7) of the Local Government Act 2009.

7 To adopt a consolidated version of Local Law No. 8 (Public Health, Safety and Amenity) 2008, as detailed in Attachment 3, in accordance with section 32 of the Local Government Act 2009.

8 To adopt consolidated versions of Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008, as detailed in Attachment 4, in accordance with section 32 of the Local Government Act 2009.

9 To give a copy of the consolidated version of each of Local Law No. 8 (Public Health, Safety and Amenity) 2008 and Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 to the Minister in accordance with the requirements of Section 32 (4) of the Local Government Act 2009.

10 To endorse the fees as set out in item 8 to apply from adoption of the Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 for the remainder of the 2015-16 financial year.

Author: Authorised by: Wendy Hodges Senior Environmental Health Officer Co Author Andrew Young Executive Coordinator Contributed

Colette McCool Director Community Services

Assets and Development Compliance 8 January 2016 TRACKS REF: 52354267


ITEM 7 (Continued) MAKING OF PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) LOCAL LAW (NO. 1) 2016 AND PUBLIC HEALTH, SAFETY AND AMENITY (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/18 & LG222/365/18/02/01 COMMITTEE RECOMMENDATION CC16.0127.007 moved Cr La Castra seconded Cr Robbins

1 To implement the recommendations of the Public Interest Test Report in Attachment 6 about Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016.

2 To make Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 as amended and as detailed at Attachment 1, in accordance with step seven (7) of its local law making process, adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).

3 To make Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016, as amended and as detailed at Attachment 2, in accordance with step five (5) of its subordinate local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).

4 To record that Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 contain anti-competitive provisions, which are detailed in Attachment 6.

5 To advise the public that Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 have been made, by publishing a notice of the making of the local laws in accordance with the requirements of Section 29B of the Local Government Act 2009.


7 To adopt a consolidated version of Local Law No. 8 (Public Health, Safety and Amenity) 2008, as detailed in Attachment 3, and with the addition of the header “Council of the City of Gold Coast Local Law No. 8 (Public Health Safety and Amenity) 2008: on the second contents page, in accordance with section 32 of the Local Government Act 2009.

8 To adopt consolidated versions of Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008, as detailed in Attachment 4, in accordance with section 32 of the Local Government Act 2009.

9 To give a copy of the consolidated version of each of Local Law No. 8 (Public Health, Safety and Amenity) 2008 and Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 to the Minister in accordance with the requirements of Section 32 (4) of the Local Government Act 2009.

10 To endorse the fees as set out in item 8 to apply from adoption of the Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 for the remainder of the 2015-16 financial year.

CARRIED

Council of the City of Gold Coast

Public Health, Safety and Amenity (Amendment)

Local Law (No. 1) 2016

This and the following 20 pages is a certified copy of Public Health, Safety and Amenity (Amendment) Local Law (No.1) 2016 made in accordance with the provisions of the Local

Government Act 2009 by the Council of the City of Gold Coast by resolution dated [INSERT]

_______________________________________________ Dale Dickson

Chief Executive Officer

711th Council Meeting 29 January 2016 Community And Cultural Development Committee Meeting 27 January 2016 Item 7

52

Agenda Attachment 1

Council of the City of Gold Coast Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 Contents

Page

Part 1 Preliminary 1

1 Short title .................................................................................................................... 1

2 Object ........................................................................................................................ 1

3 Commencement ........................................................................................................ 1

Part 2 Amendment of Local Law No. 8 (Public Health, Safety and Amenity) 2008 1

4 Local law amended .................................................................................................... 1

5 Replacement of Section 2 (Object)............................................................................ 1

6 Amendment of Section 3 (Definitions – the dictionary) ............................................. 2

7 Amendment of Section 6 (Commission of a Nuisance) ............................................. 2

8 Replacement of section 7 (Exclusion from liability) ................................................... 4

9 Renumbering of Part 5 (Subordinate local laws) and Part 6 (Application of Local Law No. 3 (Administration) 2008) ............................................ 5

10 Renumbering of sections 15 (Subordinate local laws) and 16 (Application of Local Law No. 3 (Administration) 2008 to this local law) ................... 5

11 Insertion of new Part 5 (Prescribed noise standard) ................................................. 5

12 Insertion of new Part 6 (Regulated activities) ............................................................ 6

13 Amendement of section 21 (Power to change the conditions of a permit ....................................................................................................................... 15

14 Amendment of section 25 (Subordinate local laws) ................................................ 15

15 Amendment of Schedule (Dictionary) ...................................................................... 16

16 Insertion of new Schedule 1 (Regulated activities) ................................................. 16

17 Amendment of Schedule 2 (Dictionary) ................................................................... 18


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1 Council of the City of Gold Coast

Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016

Council of the City of Gold Coast Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016

Part 1 Preliminary 1 Short title

This local law may be cited as Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016.

2 Object

The object of this local law is to amend Local Law No. 8 (Public Health, Safety and Amenity) 2008 to—

(a) clarify and consolidate a number of the deemed nuisance provisions;

(b) provide the local government with appropriate powers to effectively manage regulated activities;

(c) provide that building work noise and building site delivery noise are regulated activities;

(d) prescribe a noise standard for building work under the Environmental Protection Act 1994; and

(e) make consequential and minor amendments.

3 Commencement

This local law commences upon publication of the notice of the making of Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 in the gazette.

Part 2 Amendment of Local Law No. 8 (Public Health, Safety and Amenity) 2008

4 Local law amended

This part amends Local Law No. 8 (Public Health, Safety and Amenity) 2008.

5 Replacement of Section 2 (Object)

(1) Section 2—

omit, insert—


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‘2 Object

The object of this local law is to-

(a) protect public health and safety by eliminating or reducing an act or omission that results in—

(i) harm to human health or safety or personal injury; or

(ii) property damage or a loss of amenity; or

(iii) environmental harm or environmental nuisance.

(b) permit regulated activities in appropriate circumstances provided that the regulated activity does not result in –

(i) harm to human health or safety or personal injury;

(ii) property damage;

(iii) an unacceptable loss of amenity; and

(iv) an adverse impact on the surrounding community.

(c) prescribe a noise standard for building work under the Environmental Protection Act 1994.’

6 Amendment of Section 3 (Definitions – the dictionary)

Section 3, ‘in the Schedule (Dictionary)’ —

omit, insert

‘in Schedule 2 (Dictionary)’.

7 Amendment of Section 6 (Commission of a Nuisance)

(1) Section 6 —

renumber as section 6(1).

(2) Section 6(1)(a)(i), after “wind” —

insert—

‘or fallen’.


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(3) Section 6(1)(b), after “bin is” —

insert—

‘placed or’.

(4) Section 6(1)(b)(i), after “24 hours”—

insert—

‘before or’.

(5) Section 6(1)(d), “An” —

omit, insert—

‘an’.

(6) Section 6(1)(u) —

omit, insert—

‘the aggregation, accumulation or growth of any object, material or plant on the premises is, in the reasonable opinion of an authorised person, unsightly when viewed from any point outside the premises; or

Example of subsection (1)(u)—

• broken down vehicles or car bodies; • a pile of scrap metal or machinery parts; • a pile of discarded bottles, containers or packaging; • overgrown grass or weeds.’

(7) Section 6(1)(v)—

omit.

(8) Section 6(1)(z)—

omit.

(9) Section 6(1)(ac)—

omit.

(10) Sections 6(1)(w), (x), (y), (aa), (ab) and (ad) —

renumber as sections 6(1)(v), (w), (x), (y), (z) and (aa).

(11) After section 6(1) —

insert—


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‘(2) For the purposes of subsection 6(1)(u) the growth of a plant on premises that overhangs a neighbours land is not unsightly simply because it overhangs the neighbours land.1

(12) Section 6(2), footnote —

insert—

‘1See the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 for responsibilities, liabilities and rights relating to overhanging trees.’

8 Replacement of section 7 (Exclusion from liability)

(1) Section 7 –

omit, insert—

‘7. Exclusion from liability

A person does not commit an offence against section 5 (Prohibition of a nuisance) of this local law-

(a) if the nuisance is authorised or required in the performance of an express duty or the discharge of an express power or a written approval under—

(i) the Environmental Protection Act 1994; or

(ii) the Fire and Emergency Services Act 1990; or

(iii) the Land Protection (Pest and Stock Route Management) Act 2002; or

(iv) the Transport Operations (Road Use Management) Act 1995; or

(v) the Public Health Act 2005; or

(vi) the Land Act 1994; or

(vii) the Food Production (Safety) Act 2000; or

(viii) the Water Act 2000; or

(ix) the Plumbing and Drainage Act 2002; or

(x) the Building Act 1975; or

(xi) the Sustainable Planning Act 2009; or

(xii) the Work Health and Safety Act 2011; or


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(xiii) the Water Supply (Safety and Reliability) Act 2008; or

(xiv) the Nature Conservation Act 1992; or

(xv) the Forestry Act 1959; or

(xvi) another Act (including a local law); or

(b) if a subordinate local law specifies that the act or omission is not a nuisance.’

9 Renumbering of Part 5 (Subordinate local laws) and Part 6 (Application of Local Law No. 3 (Administration) 2008)

Part 5 and Part 6, headings—

renumber as Part 7 and Part 8.

10 Renumbering of sections 15 (Subordinate local laws) and 16 (Application of Local Law No. 3 (Administration) 2008 to this local law)

Sections 15 and 16 —

renumber as sections 25 and 26.

11 Insertion of new Part 5 (Prescribed noise standard)

(1) After section 14 (Disposal of seized shopping trolleys) —

insert—

‘Part 5 Prescribed noise standard

Division 1 Building work

15 Prescribed noise standard for building work

(1) The prescribed noise standard for section 440R (Building work) of the Environmental Protection Act 19941 is:

(a) if a permit for building work noise given under this local law states a noise standard for the building work— a person must not carry out building work in a way that makes an audible noise outside the time stated in the permit for the duration and location stated in the permit and subject to any other conditions stated in the permit; and


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(b) otherwise, the standard stated in section 440R of the Environmental Protection Act 1994 for building work.

(2) Section 15(1), footnote —

insert—

‘1 Section 440Q of the Environmental Protection Act 1994 provides that a person must not unlawfully contravene a noise standard and prescribes a maximum penalty of 600 penalty units.’

12 Insertion of new Part 6 (Regulated activities)

(1) After section 15 —

insert—

‘Part 6 Regulated activities

16 Requirement for a permit

(1) A person must not—

(a) operate a regulated activity on premises within the local government area unless authorised by a permit granted under section 18(1) of this local law; or

(b) change the manner of operation of a regulated activity on premises within the local government area unless authorised by a permit granted under section 18(1) of this local law.

Maximum penalty for subsection (1)—50 penalty units.

(2) Notwithstanding subsection (1), a permit is not required under this local law if a subordinate local law specifies that a permit is not required in respect of the operation of the regulated activity.

17 Application for a permit

(1) An application for a permit must be—

(a) made by the person who will be carrying out the regulated activity; and

(b) made in the prescribed form; and

(c) accompanied by—


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(i) the prescribed fee; and

(ii) evidence that all approvals under the Local Government Acts required for carrying out the regulated activity have been obtained; and

(iii) full details of the regulated activity including plans and specifications unless otherwise required by the local government; and

(iv) such other information and materials as are requested by the local government or specified in a subordinate local law.

(2) The local government may waive the requirements of subsection (1)—

(a) in an emergency; or

(b) if there are special reasons for dispensing with the requirement; or

(c) in the circumstances specified in a subordinate local law.

18 Grant of a permit

(1) The local government may grant a permit if satisfied that the carrying out of the regulated activity—

(a) will not result in harm to human health or safety or personal injury; and

(b) will not result in property damage; and

(c) will not result in an unacceptable loss of amenity; and

(d) will not have an adverse effect on the surrounding community; and

(e) complies with the provisions of the Local Government Acts that regulate the undertaking of the regulated activity ; and

(f) complies with the assessment criteria; and

(g) complies with the prescribed criteria.


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(2) Before the local government decides an application for a permit, an authorised person may—

(a) inspect any premises, vehicle, equipment, animal, plant or thing to be involved in the undertaking of the regulated activity; and

(b) measure, weigh, sample, test, photograph, videotape or otherwise examine anything that may be inspected; and

(c) request any further information or material which is required to assess the application.

(3) For the purposes of determining whether the criteria specified in subsection (1) have been satisfied—

(a) the local government may have regard to—

(i) the results of any periodic inspection, testing or monitoring program undertaken in respect of the regulated activity; and

(ii) the applicant’s antecedents in terms of compliance or otherwise with this local law; and

(b) the local government is not obliged to look beyond—

(i) any information or materials submitted to the local government in respect of the application; and

(ii) any other information held by the local government which is relevant to the application.

19 Term of a permit

(1) A permit granted by the local government is for the term specified in the permit.

(2) A permit expires at the end of the day specified in subsection (1).

20 Conditions of a permit

(1) A permit may be granted by the local government on conditions the local government considers appropriate.


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(2) The conditions of a permit may—

(a) require the holder of the permit to take specified measures to—

(i) prevent harm to the health or safety of persons who may be involved in or affected by the undertaking of the regulated activity; and

(ii) prevent personal injury or property damage from the undertaking of the regulated activity; and

(iii) ensure that the undertaking of the regulated activity does not have an adverse effect on the surrounding community or result in an unacceptable loss of amenity; and

(iv) ensure that there is compliance with the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; and

(v) ensure that the undertaking of the regulated activity complies with the assessment criteria; and

(vi) ensure that the undertaking of the regulated activity complies with the prescribed criteria; and

(b) require compliance with specified safety requirements; and

(c) require the holder of the permit to carry out specified work; and

(d) require the holder of the permit to give the local government a specified indemnity and to take out specified insurance; and

(e) require the holder of the permit to take out specified insurance indemnifying a person who may suffer personal injury, loss or damage, as a result of the emission of the noise from the regulated activity; and


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(f) require the holder of the permit to exhibit a specified sign containing a warning notice and to take other specified precautions; and

(g) require the holder of the permit to notify the local government within a period specified in the permit that the holder of the permit is no longer undertaking the regulated activity or is undertaking the regulated activity other than in accordance with the permit; and

(h) require the certification by a person specified by the local government of a vehicle, equipment, animal, plant, or thing involved in the undertaking of the regulated activity; and

(i) require records to be kept at a place and for a time specified in the permit or a subordinate local law; and

(j) require the holder of the permit to prepare, provide, undertake or comply with a periodic inspection, monitoring or management program in respect of the undertaking of the regulated activity; and

(k) require that the number of persons involved in the undertaking of the regulated activity is not to exceed the number specified by the local government.

(3) The local government may specify in a subordinate local law, the conditions that must be imposed in a permit or that will ordinarily be imposed in a permit.

21 Power to change the conditions of a permit

(1) The local government may, by written notice to the holder of a permit, change a condition of a permit if3 —

(a) the holder of the permit agrees to the proposed change; or

(b) the change is necessary to prevent—


(ii) property damage; or

(iii) an unacceptable loss of amenity; or


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(iv) an adverse effect on the surrounding community; or

(c) the change is necessary to ensure that the undertaking of the regulated activity complies with the prescribed criteria; or

(d) changes in circumstances as specified in a subordinate local law since the permit was granted make the change desirable.

(2) The written notice under subsection (1) must state—

(a) the change and the reason for the change; and

(b) that the holder of the permit may make written representations to the local government about the change; and

(c) the time (at least 15 business days after the written notice is given to the holder of the permit) within which the written representations may be made; and

(3) The local government must consider any written representations made by the holder of the permit within the time stated in the written notice.

(4) After considering any written representations made by the holder of the permit, the local government must give to the holder of the permit—

(a) if the local government is not satisfied the change was necessary, a written notice stating that the change to the condition is reversed; or

(b) if the local government is satisfied that the change was necessary, a written notice stating that the change to the condition is to be retained.

(5) The changed condition takes effect immediately upon the local government giving the written notice under subsection (1).

(6) If the local government gives a written notice stating that the change is reversed under subsection (4)(a), the reversal takes effect immediately upon the local government giving written notice under subsection (4)(a).


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22 Amendment of a permit

(1) The holder of a permit may make an application to the local government to amend the permit.

(2) An application to amend a permit must be—

(a) made by the holder of the permit; and


(c) accompanied by the prescribed fee and such other information as is requested by the local government.

(3) The local government may amend a permit—

(a) when the undertaking of the regulated activity complies with the criteria specified in section 18(1) of this local law; and

(b) subject to such conditions as the local government considers appropriate.

(4) For the purposes of determining whether the provisions specified in subsection (3) has been satisfied, the local government is not obliged to look beyond—

(a) any information or materials submitted to the local government in respect of the application; and

(b) any other information held by the local government which is relevant to the application.

(5) The local government must not amend a permit that has been granted for a specific location if the amendment is to the location where the regulated activity is to be undertaken.

23 Cancellation of a permit

(1) The local government may, by written notice to the holder of a permit, cancel a permit if—

(a) the holder of the permit agrees to the cancellation; or

(b) the cancellation is necessary to prevent—



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(c) the holder of the permit contravenes—

(i) this local law; or

(ii) a condition of a permit; or

(iii) a requirement of a compliance notice or a stop order; or

(d) the undertaking of the regulated activity does not comply with—

(i) the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; or

(ii) the prescribed criteria; or

(e) the permit was granted on the basis of false, misleading or incomplete information; or

(f) changes in circumstances as specified in a subordinate local law since the permit was granted make the continued operation of the regulated activity inappropriate.

(2) The local government may specify by subordinate local law, the changes in circumstances since a permit was granted that makes the continued operation of the regulated activity inappropriate.


(a) the reason for the cancellation; and

(b) that the holder of the permit may make written representations to the local government about the cancellation; and

(c) the time (at least 15 business days after the written notice is given to the holder of the permit) within which written representations may be made; and


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(5) After considering any written representations made by the holder of the permit the local government must give to the holder of the permit—

(a) if the local government is not satisfied that the cancellation was necessary, a written notice stating that the cancellation of the permit is reversed; or

(b) if the local government is satisfied that the cancellation was necessary, a written notice confirming the cancellation of the permit.

(6) Before the local government cancels a permit under subsection (1), the local government must consider the impact of the cancellation of the permit, other than a financial impact on the holder of the permit, on those persons who would be affected by the undertaking of the regulated activity ceasing.

Example of subsection (6)—

The local government must consider the impact of any delay in the completion of the building work the subject of a permit caused by the cancellation of a permit on any persons who reside in the building in respect of which the building work is being undertaken.

(7) The cancellation of the permit takes effect immediately upon the local government giving a written notice under subsection (1).

(8) If the local government gives a written notice under subsection (5)(a), the permit is reinstated immediately upon the local government giving the written notice under subsection (5)(a).

(9) If the local government has cancelled a permit, the holder of the permit must cease to undertake the regulated activity immediately.


24 General compliance provision

(1) The holder of a permit must ensure that the conditions of the permit are complied with.



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(2) The holder of a permit and any person involved in the undertaking of the regulated activity must ensure that the undertaking of the regulated activity —

(a) does not result in harm to human health or safety or personal injury; and

(b) does not result in property damage; and

(c) does not have an adverse effect on the surrounding community; and

(d) complies with the prescribed criteria; and

(e) complies with the conditions of the permit.

Maximum penalty for subsection (2)—50 penalty units.’

13 Amendement of section 21 (Power to change the conditions of a permit (1) Section 21(1), footnote –

insert-

‘3A change to a condition of a permit includes a change by omission, substitution or addition (see section 36 (Meaning of commonly used words and expressions) of the Acts Interpretation Act 1954)’

14 Amendment of section 25 (Subordinate local laws)

(1) Section 25(a) to (k), ‘Schedule (Dictionary)’ —

omit, insert —

‘Schedule 2 (Dictionary)’.

(2) Section 25(l), ‘6(ab)’ —

omit, insert —

‘6(1)(y)’.

(3) Section 25(m), ‘6(ae)’ —

omit, insert —

‘6(1)(aa)’.

(4) Section 25(n), ‘7(1)’ —

omit, insert —


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‘7(b)’.

(5) Section 25(q) —

renumber as section 25(y).

(6) After section 25(p) —

insert—

‘(q) the assessment criteria for deciding an application for a permit pursuant to the Schedule 2 (Dictionary) of this local law;

(r) the prescribed criteria with which a regulated activity must comply pursuant to the Schedule 2 (Dictionary) of this local law; and

(s) the information that must accompany an application for a permit pursuant to section 17(1)(c)(iv) of this local law; and

(t) the circumstances in which the local government may waive the requirements of section 17(1) of this local law pursuant to section 17(2)(c) of this local law; and

(u) the records that must be kept, the place at which those records must be kept and the time for which those records must be kept pursuant to section 20(2)(i) of this local law; and

(v) the conditions that must be imposed in a permit or that will ordinarily be imposed in a permit pursuant to section 20(3) of this local law; and

(w) the changes in circumstances since a permit was granted that make a change desirable pursuant to section 21(1)(d); and

(x) the changes in circumstances since a permit was granted that make the continued operation of the permit inappropriate pursuant to section 23(2) of this local law; and’

15 Amendment of Schedule (Dictionary)

Schedule (Dictionary) —

renumber as Schedule 2 (Dictionary).

16 Insertion of new Schedule 1 (Regulated activities)

After section 26 (Application of Local Law No. 3 (Administration) 2008 to this local law) —

insert —


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‘Schedule 1 Regulated activities

Part 1 Regulated activities

1 Regulated activities

For the purposes of Schedule 2 (Dictionary) of this local law, an activity specified in Table 1 is a regulated activity.

Table 1 - Regulated activities

building work noise

building site delivery noise

2. Definitions of regulated activities

For the purposes of section 1 (Regulated activities) of Schedule 1 (Regulated activities) of this local law—

building work noise means—

(a) carrying out building work on premises in a way that makes an audible noise—

(i) on a business day or Saturday, before 6:30 am or after 6:30 pm; or

(ii) on any other day at any time.

(b) the reference in paragraph (a) to carrying out building work—

(i) includes a person carrying out building work under an owner-builder permit; and

(ii) otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

building site delivery noise means —

(a) causing building materials or building equipment to be placed on or removed from a building site in a way that makes an audible noise—


(ii) on any other day at any time.’


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17 Amendment of Schedule 2 (Dictionary)

(1) Schedule 2, definitions caravan, cemetery, disposal, goods, graffiti and human remains —

omit.

(2) Schedule 2 —

insert—

assessment criteria means the criteria specified in a subordinate local law for deciding an application for a permit.

audible noise has the meaning given in the Environmental Protection Act 1994.

building site means a place where building work is being or is about to be carried out.

building work has the meaning given in the Environmental Protection Act 1994.

business day has the meaning given in the Acts Interpretation Act 1954.

caravan has the meaning given in the Transport Operations (Road Use Management – Vehicle Registration) Regulation 2010.’

cemetery has the meaning given in the local government planning scheme.’

delivery means placing building materials or building equipment on a building site or removing building materials or building equipment from a building site.’

goods has the meaning given in Local Law No. 3 (Administration) 2008.

human remains has the meaning given in Local Law No. 13 (Cemeteries) 2008.

owner-builder permit means an owner-builder permit under the Queensland Building and Construction Commission Act 1991.

prescribed criteria means the criteria specified in a subordinate local law with which the undertaking of the regulated activity must comply.

1 prescribed times means—

(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or

(b) on any other day, at any time.


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regulated activity means an activity specified in Schedule 1 (Regulated activities) of this local law.

(3) Schedule 2, definition approval, ‘Acts’—

omit, insert—

‘Act’

(4) Schedule 2, definition commercial waste bin, ‘Environmental Protection (Waste Management) Regulation 2000’ —

omit, insert—

‘Environmental Protection Regulation 2008’

(5) Schedule 2, definition of domestic rubbish bin, ‘Environmental Protection (Waste Management) Regulation 2000’ —

omit, insert—

‘Environmental Protection Regulation 2008’.

#50922977


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Agenda Attachment 1


Public Health, Safety and Amenity (Amendment)

Subordinate Local Law (No. 1) 2016

This and the following 8 pages is a certified copy of Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No.1) 2016 made in accordance with the provisions of the Local


_______________________________________________ Dale Dickson


711th Council Meeting 29 January 2016 Community And Cultural Development Committee Meeting 27 January 2016 Item 7 (Continued)

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Agenda Attachment 2

Council of the City of Gold Coast Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 Contents

Page


1 Short title .................................................................................................................... 1

2 Object ........................................................................................................................ 1

3 Commencement ........................................................................................................ 1

Part 2 Amendment of Subordinate Local Law No. 8.1 (Public Health Safety and Amenity) 2008 1


5 Amendment of section 3 (Object) .............................................................................. 1

6 Amendment of section 5 (Dangerous Fencing) ......................................................... 2

7 Amendment of section 6 (Bridges) ............................................................................ 2

8 Insertion of new Part 5 (Permits) ............................................................................... 2

9 Amendment of Schedule (Dictionary) ........................................................................ 7


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Agenda Attachment 2


Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016

Council of the City of Gold Coast Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016


This local law may be cited as Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016.

2 Object

The object of this subordinate local law is to amend Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 to—

(a) assist in the regulation of regulated activities;

(b) make minor and consequential amendments.

3 Commencement

This local law commences upon publication of the notice of the making of Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016 in the gazette.

Part 2 Amendment of Subordinate Local Law No. 8.1 (Public Health Safety and Amenity) 2008

4 Local law amended

This part amends Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008.

5 Amendment of section 3 (Object) (1) Subsection 3(c), ‘.’ —

omit, insert—

‘; and’

(2) After subsection 3(c) —

insert—

‘(d) ensuring that undertaking a regulated activity does not result in—



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(ii) property damage; and


(iv) an adverse impact on the surrounding community.’

6 Amendment of section 5 (Dangerous Fencing) (1) Section 5, ‘Schedule (Dictionary)’ –

omit, insert-

‘Schedule 2 (Dictionary)’

(2) Section 5(a)(iii), ‘in a domain’ —

omit, insert—

‘in a zone’

(3) Section 5(a)(iii), ‘Rural Domain’ —

omit, insert—

‘Rural zone’

(4) Section 5(a)(iii), ‘Park Living Domain’ —

omit, insert—

‘Rural Residential zone’

7 Amendment of section 6 (Bridges) Section 6, ‘6(ab)’ —

omit, insert—

‘6(1)(y)’

8 Insertion of new Part 5 (Permits) After section 7 —

insert—

‘Part 5 Permits 8. Application for a permit

For the purposes of section 17(1)(c)(iv) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, unless otherwise specified by the local government an application for a permit must, to the extent applicable, be


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accompanied by—

(a) the name, address, telephone number, facsimile number and email address, of the person applying for the permit; and

(b) the trading name, street address, telephone number, facsimile number, email address, registered business name and Australian Business Number of the business under which the regulated activity is to be carried out; and

(c) the name, address, mobile telephone number, facsimile number and email address, of the person who will have control of the building site at the times the regulated activity is to be carried out;

(d) a copy of the licence issued by the Queensland Building and Construction Commission which authorises the person to carry out the building work the subject of the permit application; and

(e) details of the regulated activity proposed to be carried out, including—

(i) the nature of the building work; and

(ii) the times and places at which the building work or delivery will be carried out; and

(iii) the nature of the building work or delivery proposed to be carried out outside the prescribed times; and

(iv) the reasons why it is proposed that the building work or delivery is carried out outside the prescribed times; and

(v) the proposed term of the permit; and

(f) a plan or scale map showing—

(i) the location of the premises at which the building work or delivery will be carried out; and

(ii) the location (and identifying particulars) of any noise sensitive place that will be exposed to audible noise caused by the building work or delivery outside the prescribed times; and

(iii) the location and details (including acoustic levels at the source) of all noise sources from the building work or delivery; and

(g) any other information required by the local government.

Example for section 8(g) –


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Once the local government has considered the location and details of all noise sources provided by the applicant, the local government may require an acoustic report to determine whether the proposed works will have an unreasonable impact on the health, safety or amenity of residents in the locality.

9. Assessment criteria for a permit

For the purposes of Schedule 2 (Dictionary) and section 18(1)(f) of Local Law No. 8 (Public Health, Safety and Amenity) 2008 the carrying out of a regulated activity must comply with the following assessment criteria—

(a) the matters which are the subject of the conditions specified in section 11 of this subordinate local law which are relevant to the undertaking of the building work or delivery can be adequately addressed by the imposition of those conditions; and

(b) the applicant for a permit has obtained any necessary development approval; and

(c) the building work or delivery will be undertaken on a temporary basis for a specified period of time; and

(d) the building work or delivery will not cause unreasonable noise in an affected building during the term of the permit; and

(e) the applicant has demonstrated that it is impractical for the building work or delivery to be carried out within the prescribed times.

10. Prescribed criteria for a noise permit

For the purposes of Schedule 2 (Dictionary) and section 18(1)(g) of Local Law No. 8 (Public Health, Safety and Amenity) 2008 the carrying out of the regulated activity must comply with the following prescribed criteria—

(a) The applicant must establish and maintain a procedure for taking and managing complaints about noise from the regulated activity carried out outside the prescribed times, which must—

(i) provide a 24 hour telephone number for persons to call to make a complaint about the noise caused by the building work or delivery; and

(ii) set out the procedure that must be followed by the applicant after the receipt of a complaint to ensure the complaint is adequately addressed; and

(iii) require that the local government is notified of any complaint within 24 hours after the complaint is received; and

(iv) otherwise be to the satisfaction of the local government.


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(b) the applicant must provide written notification (in the prescribed form) of the commencement of any building work or delivery carried out outside the prescribed times to the following persons, not less than 48 hours prior to the commencement of the building work or delivery—

(i) the residents or operators of any noise sensitive place exposed to audible noise caused by the building work or delivery; and

(ii) the local government.

(c) signage must be erected at the premises where the building work or delivery is being carried out which clearly identifies—

(i) the permit number issued by the local government; and

(ii) the dates and times at which the permit authorises the building work or delivery to be carried out outside the prescribed times; and

(iii) the 24 hour telephone number for persons to call to make a complaint about the noise caused by the building work or delivery.

(d) unless a condition of a permit specifies different signage requirements the signage referred to in subsection (c) must –

(i) be no larger than 0.6m2; and

(ii) have letters 50mm in height; and

(iii) not be illuminated; and

(iv) securely fixed to fencing or a building and visible from a road; and

(v) not project outwards more than 30mm from the fence or building.

11. Conditions of a permit

For the purposes of section 20(3) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, the local government may impose all or any of the following conditions on a permit—

(a) the regulated activity is to be carried out only at specified times; and

(b) the regulated activity is to be limited to work of a particular type, or the use of particular equipment, at specified times; and

Example of paragraph (b)—


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Work to be carried out at specified times is restricted to work internal to a building, and must not involve the use of pneumatic tools.

(c) all reversing beepers and squawkers on vehicles are to be deactivated and spotters used during night-time works to the extent permitted under the Work Health and Safety Act 2011; and

(d) all engines in vehicles or equipment are to be well muffled; and

(e) no whistles or amplified communication devices are to be used, other than two-way radios; and

(f) the volume on any communication devices must be kept to a minimum; and

(g) no radios or other amplified music or entertainment devices are to be used; and

(h) specified actions must be taken to minimise the impact of the noise generated by the building work or delivery, including, but not limited to the following—

(i) the construction and maintenance of noise barriers and enclosures around noisy equipment or along the noise transmission path; or

(ii) the implementation of noise reduction measures at noise sensitive places; or

(iii) the use of low noise equipment; or

(iv) the carrying out of routine maintenance on fans to minimise bearing noise; or

(v) the repair and replacement of defective mufflers and equipment; and

(i) any work involving the emission of high intensity ultraviolet light or the use of a floodlight is to be shielded to protect members of the public; and

(j) no materials are to be placed in skip bins (or similar) outside the prescribed times; and

(k) all external doors of the building are to remain closed during the carrying out of the building work; and

(l) all workers are to be off-site by no later than a stated time; and

(m) delivery vehicles must not load or unload goods for use on the site outside the prescribed times; and


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(n) prior to the commencement of the building work, the applicant must notify the Queensland Police Service, Emergency Services and the Queensland Department of Transport; and

(o) the regulated activity must not affect the movement of road traffic; and

(p) the applicant must comply with the prescribed criteria.

12. Changes in circumstances

(1) For the purposes of section 21(1)(d) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, the changes in circumstances since the permit was granted that make a change desirable include that one or more complaints have been made in respect of the regulated activity being carried out outside the prescribed times by a resident or operator of an affected building.

(2) For the purposes of section 23(2) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, the changes in circumstances since the permit was granted that make the continued operation of the regulated activity inappropriate include that one or more complaints have been made in respect of the regulated activity being carried out outside the prescribed times by a resident or operator of an affected building.’


(1) Schedule,—

insert—

affected building has the meaning given in the Environmental Protection Act 1994.

night-time has the meaning given in the Environmental Protection (Noise) Policy 2008.

noise sensitive place includes—

(a) a residential property; and

(b) a sensitive receptor listed in Schedule 1 of the Environmental Protection (Noise) Policy 2008.

residential property means a building or property of a type that would ordinarily be used, or intended to be used, as a place of residence or mainly as a place of residence and includes short term accommodation.’

#50923001


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Local Law No. 8

(Public Health, Safety and Amenity) 2008 Consolidated version Reprint No. 2

This and the following 26 pages is a certified copy of the CONSOLIDATED VERSION of Local Law No. 8 (Public Health, Safety and Amenity) 2008

made in accordance with the provisions of the Local Government Act 2009 by the Council of the City of Gold Coast by resolution dated {DATE}

_______________________________________________ Dale Dickson



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Council of the City of Gold Coast Local Law No. 8 (Public Health, Safety and Amenity) 2008 Contents

Page


1 Short title .................................................................................................................... 1

2 Object ........................................................................................................................ 1

3 Definitions—the dictionary ......................................................................................... 1 4 Application of local law to a State-controlled road ..................................................... 1

Part 2 Nuisances 2

5 Prohibition of a nuisance ........................................................................................... 2

6 Commission of a nuisance ........................................................................................ 2

7 Exclusion from liability ............................................................................................... 5

Part 3 Enforcement 6

8 Records to be kept .................................................................................................... 6

9 Inspection, monitoring or management program ....................................................... 6

Part 4 Shopping trolleys at places outside shopping centre precincts 6

10 Leaving shopping trolleys at places outside shopping centre precincts.................... 6

11 Shop owner’s responsibilities .................................................................................... 7

12 Seizure of shopping trolleys ...................................................................................... 7

13 Release of seized shopping trolleys .......................................................................... 8

14 Disposal of seized shopping trolleys ......................................................................... 8

Part 5 Prescribed noise standard 8

Division 1 Building work 8

15 Prescribed noise standard for building work ............................................................. 8

Part 6 Regulated activities 9

16 Requirement for a permit ........................................................................................... 9

17 Application for a permit .............................................................................................. 9

18 Grant of a permit ...................................................................................................... 10

19 Term of a permit ...................................................................................................... 11

20 Conditions of a permit .............................................................................................. 11 21 Power to change the conditions of a permit ............................................................ 12

22 Amendment of a permit ........................................................................................... 13

23 Cancellation of a permit ........................................................................................... 14

24 General compliance provision ................................................................................. 15


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Part 7 Subordinate local laws 16

25 Subordinate local laws ............................................................................................. 16

Part 8 Application of Local Law No. 3 (Administration) 2008 18

26 Application of Local Law No. 3 (Administration) 2008 to this local law ................... 18

Schedule 1 Regulated activities 19

Schedule 2 Dictionary 20


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Local Law No. 8 (Public Health, Safety and Amenity) 2008

Council of the City of Gold Coast Local Law No. 8 (Public Health, Safety and Amenity) 2008 Part 1 Preliminary

1 Short title This local law may be cited as Local Law No. 8 (Public Health, Safety and Amenity) 2008.

2 Object The object of this local law is to

protect public health and safety by eliminating or reducing an act or (a)omission that results in—



(iii) environmental harm or environmental nuisance.

permit regulated activities in appropriate circumstances provided that the (b)regulated activity does not result in –


(ii) property damage;



prescribe a noise standard for building work under the Environmental (c)Protection Act 1994.

3 Definitions—the dictionary The dictionary in Schedule 2 (Dictionary) of this local law defines particular words used in this local law.

4 Application of local law to a State-controlled road The powers of the local government under this local law may only be exercised in relation to State-controlled roads with the written permission of the chief executive of the Department of Transport and Main Roads.


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Part 2 Nuisances 5 Prohibition of a nuisance

A person must not do any act or omit to do any act which causes a nuisance.

Maximum penalty—50 penalty units.

6 Commission of a nuisance (1) For the purposes of section 5 (Prohibition of a nuisance) of this local law, a

nuisance is deemed to exist if—

an object or material (other than a plant) on the premises— (a)

(i) has been carried away by the wind or fallen and has caused—

(A) harm to human health or safety or personal injury; or

(B) property damage or a loss of amenity; or

(ii) is likely in the authorised person’s opinion to—

(A) be carried away by the wind or fall; and

(B) give rise to a risk of—

(1) harm to human health or safety or personal injury; or

(2) property damage or a loss of amenity; or

a domestic rubbish bin is placed or left on a road— (b)

(i) for more than 24 hours before or after the scheduled collection day; or

(ii) in a manner that is likely in the authorised person’s opinion to cause—

(A) harm to human health or safety, or personal injury; or

(B) property damage or a loss of amenity; or

(C) environmental harm or environmental nuisance; or

a commercial waste bin is left or placed upon a road; or (c)

an act or omission on the premises— (d)

(i) has caused the breeding or harbouring of flies or vermin; or


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(ii) is likely in the authorised person’s opinion to give rise to the breeding or harbouring of flies or vermin; or

a plant or animal on the premises is a declared pest; or (e)

a declared pest has been sold, displayed or offered for sale or supplied; or (f)

fencing on the premises— (g)

(i) is dangerous fencing; or

(ii) is unsightly; or

(iii) has caused personal injury or property damage; or

(iv) is likely in the authorised person’s opinion to give rise to a risk of personal injury or property damage; or

a dead animal on the premises— (h)

(i) has caused harm to human health or safety, personal injury or a loss of amenity; or

(ii) is likely in the authorised person’s opinion to give rise to a risk of harm to human health or safety, personal injury or loss of amenity; or

a fire hazard exists or is likely to exist on the premises; or (i)

a fire or the operation of any fire-producing or smoke-producing object (j)which causes a volume of smoke or flames which is likely in the authorised person’s opinion to give rise to a risk of personal injury or property damage or alarm to members of the public; or

a waste or contaminant is deposited in, released to or otherwise washed (k)into premises without the consent of the owner or occupier of the premises; or

any matter or thing is deposited in waters which impedes the flow of (l)water; or

the stacking, storing or exposure of goods including rubbish bins in, on, (m)across, under or over a road—

(i) has caused personal injury or property damage; or

(ii) is likely in the authorised person’s opinion to give rise to a risk of personal injury or property damage; or

a vehicle is painted, repaired, altered or maintained on a road; or (n)


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the driving, leading, standing, wheeling or riding of a vehicle or an (o)animal other than a domestic animal on a nature strip, footpath, water channel or gutter—



the driving, leading or riding of an animal other than a domestic animal (p)in, on, across, under or over a road—



a wasp nest or a bee hive, other than a bee hive operated by a registered (q)beekeeper under the Apiaries Act 1982, on the premises—



an act or omission is a traffic nuisance; or (r)

there exists on premises an area that adjoins a road or footpath but is (s)below the level of the road or footpath, or a hole, well, excavation or other place which—



human remains have been disposed of on premises which is not a (t)cemetery; or

the aggregation, accumulation or growth of any object, material or plant (u)on the premises is, in the reasonable opinion of an authorised person, unsightly when viewed from any point outside the premises; or

Example of subsection (1)(u)—

• broken down vehicles or car bodies; • a pile of scrap metal or machinery parts; • a pile of discarded bottles, containers or packaging; • overgrown grass or weeds.

a building, structure or caravan is— (v)


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(i) unsanitary; or

(ii) not in a state of good order or repair; or

(iii) unsafe; or

(iv) unfit for human habitation; or

a kite is flown on, over or adjacent to a road, electric line or (w)telecommunications facility; or

a stone, bottle or other object is placed, thrown or otherwise discharged (x)onto or over a road or other premises; or

a person engages in fishing from a bridge which is specified in a (y)subordinate local law; or

a person jumps or dives from a bridge; or (z)

an act or omission specified in a subordinate local law will give rise to a (aa)risk of—


(ii) property damage or a loss of amenity.

(2) For the purposes of subsection 6(1)(u) the growth of a plant on premises that overhangs a neighbours land is not unsightly simply because it overhangs the neighbours land.1

7 Exclusion from liability A person does not commit an offence against section 5 (Prohibition of a nuisance) of this local law-

if the nuisance is authorised or required in the performance of an express (a)duty or the discharge of an express power or a written approval under—

(i) the Environmental Protection Act 1994; or

(ii) the Fire and Emergency Services Act 1990; or

(iii) the Land Protection (Pest and Stock Route Management) Act 2002; or

(iv) the Transport Operations (Road Use Management) Act 1995; or

1 See the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 for responsibilities, liabilities and rights relating to overhanging trees.


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(v) the Public Health Act 2005; or

(vi) the Land Act 1994; or

(vii) the Food Production (Safety) Act 2000; or

(viii) the Water Act 2000; or

(ix) the Plumbing and Drainage Act 2002; or

(x) the Building Act 1975; or

(xi) the Sustainable Planning Act 2009; or

(xii) the Work Health and Safety Act 2011; or

(xiii) the Water Supply (Safety and Reliability) Act 2008; or

(xiv) the Nature Conservation Act 1992; or

(xv) the Forestry Act 1959; or

(xvi) another Act (including a local law); or

if a subordinate local law specifies that the act or omission is not a (b)nuisance.

Part 3 Enforcement 8 Records to be kept

A subordinate local law may specify any records that are required to be kept in respect of the time, date, frequency, extent, size, number or amount of any action, activity, event or corrective action the subject of this local law.

9 Inspection, monitoring or management program A subordinate local law may specify any inspection, monitoring or management program required to be kept in respect of any action, activity, event or corrective action the subject of this local law.

Part 4 Shopping trolleys at places outside shopping centre precincts

10 Leaving shopping trolleys at places outside shopping centre precincts A person must not take a shopping trolley from a shopping centre precinct or leave a shopping trolley at a place outside the shopping centre precinct unless—

the person takes or leaves the trolley with the consent of the owner of (a)that trolley; or


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the person has a reasonable excuse. (b)

Maximum penalty – 20 penalty units.

11 Shop owner’s responsibilities (1) The owner or occupier of a shop which provides shopping trolleys for customers

must ensure that—

all shopping trolleys so provided remain in the shopping centre precinct; (a)and

Maximum penalty for subsection (1)(a)—

(i) first offence—20 penalty units;

(ii) second offence (within 12 months of the first offence)—50 penalty units;

(iii) third offence (within 12 months of the first offence or 6 months of the most recent offence)—200 penalty units.

each shopping trolley owned by them or that they make available for use (b)or permit to be used are marked with details of the name and address of the shop owner or occupier that made the shopping trolley available for use.

Maximum penalty for subsection (1)(b)—20 penalty units.

(2) It is a defence to a contravention of subsection (1)(a) for the shop owner or occupier to prove that they took all reasonable measures to ensure shopping trolleys would remain in the shopping centre precinct.

Example for subsection (2) – providing a system requiring the payment of a deposit to use a shopping trolley.

(3) It is a defence to a contravention of subsection (1)(b) for the shop owner or occupier to prove that they took all reasonable measures to mark the shopping trolley with details of the name and address of the shop owner or occupier that made the shopping trolley available for use.

12 Seizure of shopping trolleys An authorised person may seize a shopping trolley from a public place that is outside a shopping centre precinct and remove it to a place for safe keeping if the authorised person considers on reasonable grounds the shopping trolley has been left in the public place in contravention of—

this local law; or (a)

a direction of an authorised officer. (b)


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13 Release of seized shopping trolleys (1) The local government will release a seized shopping trolley to a person claiming a

right to possession of it, if, within 14 days of notification, the person—

proves their ownership or right to possession of the shopping trolley to (a)the satisfaction of the local government; and

waives any right of action against the local government in respect of the (b)confiscation and of any damage to the shopping trolley while it was in the local government’s possession; and

pays to the local government the full amount of the cost-recovery fee; (c)and

takes all reasonable measures in accordance with section 11 (Shopping (d)owners’ responsibilities) of this local law.

(2) A person must not take, or obtain possession of a seized shopping trolley, except in accordance with this section.


14 Disposal of seized shopping trolleys If the shopping trolley is not released in accordance with section 13 (Release of seized shopping trolleys) of this local law, the shopping trolley may be sold or disposed of in accordance with section 39 (Confiscated goods) of Local Law No. 3 (Administration) 2008.

Part 5 Prescribed noise standard

Division 1 Building work

15 Prescribed noise standard for building work (1) The prescribed noise standard for section 440R (Building work) of the

Environmental Protection Act 19942 is:

if a permit for building work noise given under this local law states a (a)noise standard for the building work— a person must not carry out building work in a way that makes an audible noise outside the time stated in the permit for the duration and location stated in the permit and subject to any other conditions stated in the permit; and

2 Section 440Q of the Environmental Protection Act 1994 provides that a person must not unlawfully contravene a noise standard and prescribes a maximum penalty of 600 penalty units.


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otherwise, the standard stated in section 440R of the Environmental (b)Protection Act 1994 for building work.

Part 6 Regulated activities 16 Requirement for a permit

(1) A person must not—

operate a regulated activity on premises within the local government area (a)unless authorised by a permit granted under section 18(1) of this local law; or

change the manner of operation of a regulated activity on premises within (b)the local government area unless authorised by a permit granted under section 18(1) of this local law.


(2) Notwithstanding subsection (1), a permit is not required under this local law if a subordinate local law specifies that a permit is not required in respect of the operation of the regulated activity.

17 Application for a permit (1) An application for a permit must be—

(a) made by the person who will be carrying out the regulated activity; and




(ii) evidence that all approvals under the Local Government Acts required for carrying out the regulated activity have been obtained; and

(iii) full details of the regulated activity including plans and specifications unless otherwise required by the local government; and



in an emergency; or (a)

if there are special reasons for dispensing with the requirement; or (b)


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in the circumstances specified in a subordinate local law. (c)

18 Grant of a permit (1) The local government may grant a permit if satisfied that the carrying out of the

regulated activity—

will not result in harm to human health or safety or personal injury; and (a)

will not result in property damage; and (b)

will not result in an unacceptable loss of amenity; and (c)

will not have an adverse effect on the surrounding community; and (d)

complies with the provisions of the Local Government Acts that regulate (e)the undertaking of the regulated activity ; and

complies with the assessment criteria; and (f)

complies with the prescribed criteria. (g)


inspect any premises, vehicle, equipment, animal, plant or thing to be (a)involved in the undertaking of the regulated activity; and

measure, weigh, sample, test, photograph, videotape or otherwise (b)examine anything that may be inspected; and

request any further information or material which is required to assess the (c)application.


the local government may have regard to— (a)

(i) the results of any periodic inspection, testing or monitoring program undertaken in respect of the regulated activity; and

(ii) the applicant’s antecedents in terms of compliance or otherwise with this local law; and

the local government is not obliged to look beyond— (b)




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19 Term of a permit (1) A permit granted by the local government is for the term specified in the permit.

(2) A permit expires at the end of the day specified in subsection (1).

20 Conditions of a permit (1) A permit may be granted by the local government on conditions the local

government considers appropriate.


require the holder of the permit to take specified measures to— (a)

(i) prevent harm to the health or safety of persons who may be involved in or affected by the undertaking of the regulated activity; and

(ii) prevent personal injury or property damage from the undertaking of the regulated activity; and

(iii) ensure that the undertaking of the regulated activity does not have an adverse effect on the surrounding community or result in an unacceptable loss of amenity; and

(iv) ensure that there is compliance with the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; and

(v) ensure that the undertaking of the regulated activity complies with the assessment criteria; and

(vi) ensure that the undertaking of the regulated activity complies with the prescribed criteria; and

require compliance with specified safety requirements; and (b)

require the holder of the permit to carry out specified work; and (c)

require the holder of the permit to give the local government a specified (d)indemnity and to take out specified insurance; and

require the holder of the permit to take out specified insurance (e)indemnifying a person who may suffer personal injury, loss or damage, as a result of the emission of the noise from the regulated activity; and

require the holder of the permit to exhibit a specified sign containing a (f)warning notice and to take other specified precautions; and

require the holder of the permit to notify the local government within a (g)period specified in the permit that the holder of the permit is no longer


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undertaking the regulated activity or is undertaking the regulated activity other than in accordance with the permit; and

require the certification by a person specified by the local government of (h)a vehicle, equipment, animal, plant, or thing involved in the undertaking of the regulated activity; and

require records to be kept at a place and for a time specified in the permit (i)or a subordinate local law; and

require the holder of the permit to prepare, provide, undertake or comply (j)with a periodic inspection, monitoring or management program in respect of the undertaking of the regulated activity; and

require that the number of persons involved in the undertaking of the (k)regulated activity is not to exceed the number specified by the local government.

(3) The local government may specify in a subordinate local law, the conditions that must be imposed in a permit or that will ordinarily be imposed in a permit.

21 Power to change the conditions of a permit (1) The local government may, by written notice to the holder of a permit, change a

condition of a permit if3—

the holder of the permit agrees to the proposed change; or (a)

the change is necessary to prevent— (b)





the change is necessary to ensure that the undertaking of the regulated (c)activity complies with the prescribed criteria; or

changes in circumstances as specified in a subordinate local law since the (d)permit was granted make the change desirable.


the change and the reason for the change; and (a)

3 A change to a condition of a permit includes a change by omission, substitution or addition (see section 36 (Meaning of commonly used words and expressions) of the Acts Interpretation Act 1954).


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that the holder of the permit may make written representations to the (b)local government about the change; and

the time (at least 15 business days after the written notice is given to the (c)holder of the permit) within which the written representations may be made; and



if the local government is not satisfied the change was necessary, a (a)written notice stating that the change to the condition is reversed; or

if the local government is satisfied that the change was necessary, a (b)written notice stating that the change to the condition is to be retained.

(5) The changed condition takes effect immediately upon the local government giving the written notice under subsection (1).

(6) If the local government gives a written notice stating that the change is reversed under subsection (4)(a), the reversal takes effect immediately upon the local government giving written notice under subsection (4)(a).

22 Amendment of a permit (1) The holder of a permit may make an application to the local government to amend

the permit.

(2) An application to amend a permit must be—

made by the holder of the permit; and (a)

made in the prescribed form; and (b)

accompanied by the prescribed fee and such other information as is (c)requested by the local government.


when the undertaking of the regulated activity complies with the criteria (a)specified in section 18(1) of this local law; and

subject to such conditions as the local government considers appropriate. (b)

(4) For the purposes of determining whether the provisions specified in subsection (3) has been satisfied, the local government is not obliged to look beyond—

any information or materials submitted to the local government in respect (a)of the application; and


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any other information held by the local government which is relevant to (b)the application.

(5) The local government must not amend a permit that has been granted for a specific location if the amendment is to the location where the regulated activity is to be undertaken.

23 Cancellation of a permit (1) The local government may, by written notice to the holder of a permit, cancel a

permit if—

the holder of the permit agrees to the cancellation; or (a)

the cancellation is necessary to prevent— (b)





the holder of the permit contravenes— (c)



(iii) a requirement of a compliance notice or a stop order; or

the undertaking of the regulated activity does not comply with— (d)

(i) the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; or


the permit was granted on the basis of false, misleading or incomplete (e)information; or

changes in circumstances as specified in a subordinate local law since the (f)permit was granted make the continued operation of the regulated activity inappropriate.

(2) The local government may specify by subordinate local law, the changes in circumstances since a permit was granted that makes the continued operation of the regulated activity inappropriate.



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the reason for the cancellation; and (a)

that the holder of the permit may make written representations to the (b)local government about the cancellation; and

the time (at least 15 business days after the written notice is given to the (c)holder of the permit) within which written representations may be made; and



if the local government is not satisfied that the cancellation was (a)necessary, a written notice stating that the cancellation of the permit is reversed; or

if the local government is satisfied that the cancellation was necessary, a (b)written notice confirming the cancellation of the permit.

(6) Before the local government cancels a permit under subsection (1), the local government must consider the impact of the cancellation of the permit, other than a financial impact on the holder of the permit, on those persons who would be affected by the undertaking of the regulated activity ceasing.

Example of subsection (6)—

The local government must consider the impact of any delay in the completion of the building work the subject of a permit caused by the cancellation of a permit on any persons who reside in the building in respect of which the building work is being undertaken.

(7) The cancellation of the permit takes effect immediately upon the local government giving a written notice under subsection (1).

(8) If the local government gives a written notice under subsection (5)(a), the permit is reinstated immediately upon the local government giving the written notice under subsection (5)(a).

(9) If the local government has cancelled a permit, the holder of the permit must cease to undertake the regulated activity immediately.


24 General compliance provision (1) The holder of a permit must ensure that the conditions of the permit are complied

with.



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(2) The holder of a permit and any person involved in the undertaking of the regulated activity must ensure that the undertaking of the regulated activity —

does not result in harm to human health or safety or personal injury; and (a)

does not result in property damage; and (b)

does not have an adverse effect on the surrounding community; and (c)

complies with the prescribed criteria; and (d)

complies with the conditions of the permit. (e)


Part 7 Subordinate local laws 25 Subordinate local laws

The local government may, in a subordinate local law, specify—

an animal as a domestic animal pursuant to the Schedule 2 (Dictionary) (a)of this local law; and

a local government road as a public place pursuant to the Schedule 2 (b)(Dictionary) of this local law; and

a thing as a vehicle pursuant to the Schedule 2 (Dictionary) of this local (c)law; and

a public place as a footpath pursuant to the Schedule 2 (Dictionary) of (d)this local law; and

a plant or animal as a declared pest pursuant to the Schedule 2 (e)(Dictionary) of this local law; and

a thing as a waste pursuant to the Schedule 2 (Dictionary) of this local (f)law; and

a fence as a dangerous fence pursuant to the Schedule 2 (Dictionary) of (g)this local law; and

an animal as vermin pursuant to the Schedule 2 (Dictionary) of this local (h)law; and

a thing as a structure pursuant to the Schedule 2 (Dictionary)of this local (i)law; and

premises as a public place pursuant to the Schedule 2 (Dictionary) of this (j)local law; and


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land as a reserve pursuant to the Schedule 2 (Dictionary) of this local (k)law; and

a bridge from which a person engages in fishing is a nuisance pursuant to (l)section 6(1)(y) of this local law; and

an act or omission that is a nuisance pursuant to section 6(1)(aa) of this (m)local law; and

an act or omission that is not a nuisance pursuant to section 7(b) of this (n)local law; and

the records that are required to be kept pursuant to section 8 (Records to (o)be kept) of this local law; and

the terms of a periodic inspection, monitoring or management program (p)pursuant to section 9 (Inspection, monitoring and management program) of this local law; and

the assessment criteria for deciding an application for a permit pursuant (q)to the Schedule 2 (Dictionary) of this local law;

the prescribed criteria with which a regulated activity must comply (r)pursuant to the Schedule 2 (Dictionary) of this local law; and

the information that must accompany an application for a permit pursuant (s)to section 17(1)(c)(iv) of this local law; and

the circumstances in which the local government may waive the (t)requirements of section 17(1) of this local law pursuant to section 17(2)(c) of this local law; and

the records that must be kept, the place at which those records must be (u)kept and the time for which those records must be kept pursuant to section 20(2)(i) of this local law; and

the conditions that must be imposed in a permit or that will ordinarily be (v)imposed in a permit pursuant to section 20(3) of this local law; and

the changes in circumstances since a permit was granted that make a (w)change desirable pursuant to section 21(1)(d); and

the changes in circumstances since a permit was granted that make the (x)continued operation of the permit inappropriate pursuant to section 23(2) of this local law; and

such other matters as are provided for in this local law. (y)


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Part 8 Application of Local Law No. 3 (Administration) 2008

26 Application of Local Law No. 3 (Administration) 2008 to this local law (1) To avoid any doubt, the provisions of Local Law No. 3 (Administration) 2008

apply to this local law, including (but not limited to) the following parts of Local Law No. 3 (Administration) 2008—

Part 7 (Enforcement); and (a)

Part 8 (Administration). (b)

Note—

Part 7 (Enforcement) of Local Law No. 3 (Administration) 2008 sets out the powers of the local government to deal with a contravention of a local law (including this local law) and the steps that the local government may take to remedy any non-compliance.

Part 8 (Administration) of Local Law No. 3 (Administration) 2008 contains a number of provisions which clarify the liability of persons for actions taken contrary to a local law (including this local law).

This local law must be read with any relevant provisions of Local Law No. 3 (Administration) 2008.

(2) If there is a conflict between a provision of this local law and Local Law No. 3 (Administration) 2008, the provision in this local law will prevail to the extent of any inconsistency.


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Schedule 1 Regulated activities

Part 1 Regulated activities 1 Regulated activities

For the purposes of Schedule 2 (Dictionary) of this local law, an activity specified in Table 1 is a regulated activity.

Table 1 - Regulated activities

building work noise

building site delivery noise

2. Definitions of regulated activities

For the purposes of section 1 (Regulated activities) of Schedule 1 (Regulated activities) of this local law—

building work noise means—

carrying out building work on premises in a way that makes an audible (a)noise—



the reference in paragraph (a) to carrying out building work— (b)

(i) includes a person carrying out building work under an owner-builder permit; and

(ii) otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

building site delivery noise means —

causing building materials or building equipment to be placed on or (a)removed from a building site in a way that makes an audible noise—




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Schedule 2 Dictionary

section 3

advertisement has the meaning given in Schedule 1 (Prescribed activities) of Local Law No. 16 (Licensing) 2008.

animal has the meaning given in Local Law No. 12 (Keeping and Control of Animals) Law.

approval means a consent, permit, licence, authorisation, registration, membership or approval under a Local Government Act or a local law and includes all the conditions of a consent, permit, licence, authorisation, registration, membership or approval.

assessment criteria means the criteria specified in a subordinate local law for deciding an application for a permit.

audible noise has the meaning given in the Environmental Protection Act 1994.

authorised person means a person authorised by the local government pursuant to Local Law No. 3 (Administration) 2008 to exercise the powers of an authorised person under this local law.4

beekeeper has the meaning given in the Apiaries Act 1982.

bridge means a structure carrying a footpath, a cycle path, a road, a railway, a canal, water or animals over some natural or artificial obstacle.

building has the meaning given in the Building Act 1975.

building site means a place where building work is being or is about to be carried out.

building work has the meaning given in the Environmental Protection Act 1994.

business day has the meaning given in the Acts Interpretation Act 1954.

caravan has the meaning given in the Transport Operations (Road Use Management – Vehicle Registration) Regulation 2010.

cemetery has the meaning given in the local government planning scheme.

4 Section 21 (Appointment) of Local Law No. 3 (Administration) 2008 provides for the local government to appoint a person to a position provided for under a local law and authorises a person appointed by the local government to a position provided for under a local law to exercise the powers attaching to that position under the local law unless otherwise stated in the appointment.


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commercial waste bin includes a bin for the disposal of “commercial waste” or “industrial waste” as defined in the Environmental Protection Regulation 2008.

contaminant has the meaning given in the Environmental Protection Act 1994.

cost-recovery fee means a fee set by the local government by a resolution made in accordance with section 97 of the Local Government Act 2009.

dangerous fencing means—

(a) a razor wire fence; or

(b) a fence specified in a subordinate local law.

declared pest means a plant or animal declared to be a pest by a subordinate local law after consultation with the chief executive of the department which administers the Land Protection (Pest and Stock Route Management) Act 2002.

delivery means placing building materials or building equipment on a building site or removing building materials or building equipment from a building site.

domestic animal means an animal specified in a subordinate local law.

domestic rubbish bin includes a “standard general waste container” as defined in the Environmental Protection Regulation 2008.

electric line has the meaning given in the Electrical Safety Act 2002.

environmental harm has the meaning given in the Environmental Protection Act 1994.

environmental nuisance has the meaning given in the Environmental Protection Act 1994.

fire hazard means anything that because of its flammable or combustible nature, its position, or its quantity, exposes premises or other property (such as plant, equipment or chattels) to a significant risk of damage or destruction by fire.

Examples of a fire hazard—

• An accumulation of live cinders or hot ash that could easily ignite other flammable material.

• The storage of tyres in whole or in parts on premises other than as part of an environmentally relevant activity under the Environmental Protection Act 1994.

• A gas bottle, whether empty or full, that has been discarded in the open air.

footpath has the meaning given in the Transport Operations (Road Use Management) Act 1995 and includes a mall, a square, court or other public place declared to be a footpath in a subordinate local law.


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goods has the meaning given in Local Law No. 3 (Administration) 2008.

ground waters means water occurring under the surface of the ground in a geological structure or formation or in an artificial landfill.

human remains has the meaning given in Local Law No. 13 (Cemeteries) 2008.

land has the meaning given in the Sustainable Planning Act 2009.

Local Government Act has the meaning given in the Local Government Act 2009 and includes approvals granted pursuant to Local Government Acts.

local government road means—

(a) a road under the Local Government Act 2009; or

(b) a mall, square, court or other public place under the local government’s control that is specified in a subordinate local law to be subject to this local law; or

(c) light rail land designated to be used as a road under section 359 of the Transport Infrastructure Act 1994.

local law includes any subordinate local laws and all approvals granted pursuant to this local law.

nuisance means the circumstances identified in section 6 (Commission of a nuisance) of this local law.

object includes a vehicle and a plant but does not include a building or structure.

occupier of premises means the person who has the control or management of the premises.

open air means any place not within the confines of any building.

owner of premises means the person for the time being entitled to receive the rent for the premises or would be entitled to receive the rent for it if it were let to a tenant at a rent.

owner-builder permit means an owner-builder permit under the Queensland Building and Construction Commission Act 1991.

planning scheme has the meaning given in the Sustainable Planning Act 2009.

plant means any tree, bush, shrub, grass, fungi, algae or other thing terrestrial or aquatic including all natural parts of it or things naturally produced of, by or from it.

premises means any road, land, building or structure and includes any part thereof.


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prescribed times means—

(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or

(b) on any other day, at any time.

private premises means premises which is not a public place.

public place means—

(a) a road; or

(b) trust land; or

(c) a park or reserve as defined in Local Law No. 9 (Parks and Reserves) 2008; or

(d) a bathing reserve as defined in Local Law No. 10 (Bathing Reserves) 2004; or

(e) premises of which the local government is the owner or occupier; or

(f) premises which are managed or controlled by the local government; or

(g) premises specified as a public place in a subordinate local law.

regulated activity means an activity specified in Schedule 1 (Regulated activities) of this local law.

reserve means land which is placed under the control of the local government pursuant to legislation and includes land specified as a reserve in a subordinate local law.

road means a local government road or a State-controlled road.

shopping centre means any building or structure or group of buildings or structures containing two or more shops.

shopping centre precinct means the area immediately adjacent to the shopping centre which is provided and maintained for the use of customers.

State-controlled road means a State-controlled road under the Transport Infrastructure Act 1994.

structure has the meaning given in the Local Government Act 2009 and includes a structure as defined in the Building Act 1975 and any other thing specified in a subordinate local law.

surface waters means water other than ground water.


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telecommunications facility has the meaning given in the local government’s planning scheme.

traffic nuisance means interfering with a local government road in a way that obstructs the flow of traffic on the road.

trust land means land dedicated as a reserve or granted in trust under the Land Act 1994 and for which the local government is the trustee under the Land Act 1994.

vehicle has the meaning given in the Transport Operations (Road Use Management) Act 1995 and includes anything specified as a vehicle in a subordinate local law.

vermin means rats, mice, guinea pigs and other rodents capable of carrying or transmitting a disease which is notifiable under an Act, but does not include a protected animal within the meaning of the Nature Conservation Act 1992.

waste has the meaning given in the Environmental Protection Act 1994 and includes those matters specified in a subordinate local law.

watercourse has the meaning given in the Water Act 2000.

waters include—

(a) surface waters, including water flowing in a watercourse; and

(b) ground waters; and

(c) the beds and banks of waters.

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Subordinate Local Law No. 8.1

(Public Health, Safety and Amenity) 2008 Consolidated version Reprint No. 2

This and the following 10 pages is a certified copy of the CONSOLIDATED VERSION of Subordinate Local Law No. 8.1 (Public Health Safety and Amenity) 2008

made in accordance with the provisions of the Local Government Act 2009, by the Council of the City of Gold Coast by resolution dated {DATE}

_______________________________________________ Dale Dickson



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Council of the City of Gold Coast Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 Contents

Page


1 Short title .................................................................................................................... 1 2 Authorising local law .................................................................................................. 1

3 Object ........................................................................................................................ 1

4 Definitions—the dictionary ......................................................................................... 1

Part 2 Dangerous fencing 2

5 Dangerous fencing .................................................................................................... 2

Part 3 Bridges 3

6 Bridges ....................................................................................................................... 3

Part 4 Nuisances deemed not to exist 3

7 Nuisances deemed not to exist ................................................................................. 3

Part 5 Permits 3


9 Assessment criteria for a permit ................................................................................ 5

10 Prescribed criteria for a noise permit ......................................................................... 5

11 Conditions of a permit ................................................................................................ 6

12 Changes in circumstances ........................................................................................ 8

Schedule Dictionary 9


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Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008

Council of the City of Gold Coast Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 Part 1 Preliminary 1 Short title

This subordinate local law may be cited as Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008.

2 Authorising local law

This subordinate local law is made pursuant to Local Law No. 8 (Public Health, Safety and Amenity) 2008.

3 Object

The object of this subordinate local law is to assist in the implementation of Local Law No. 8 (Public Health, Safety and Amenity) 2008 by—

(a) specifying a fence as a dangerous fence; and

(b) specifying bridges from which a person may not engage in fishing; and

(c) specifying acts or omissions in respect of which a nuisance shall be deemed not to exist; and

(d) ensuring that undertaking a regulated activity does not result in—


(ii) property damage; and



4 Definitions—the dictionary

The dictionary in the Schedule (Dictionary) of this subordinate local law defines particular words used in this subordinate local law.


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Part 2 Dangerous fencing 5 Dangerous fencing

For the purposes of the Schedule 2 (Dictionary) of Local Law No. 8 (Public Health, Safety and Amenity) 2008—

(a) a barbed wire fence is dangerous fencing if—

(i) the barbed wire fence is directly abutting a park, footpath or road; and

(ii) the barbed wire forming part of the barbed wire fence is within 2.0 metres from the ground level of the park, footpath or road; and

(iii) the premises on which the barbed wire fence is erected is included in a zone other than the Rural zone or the Rural Residential zone under the local government’s planning scheme; or

(b) an electric fence is dangerous fencing unless either of the following apply—

(i) the electric fence is separated from the boundary of a premises by a second fence which is not dangerous fencing and which is—

(A) at least 1.2 metres high; and

(B) constructed from material that is sufficient to prevent a person from climbing through the fence or reaching through the fence and touching the electric fence; or

(ii) the electric fence is separated from the boundary of a premises by a barrier which, in the opinion of an authorised person, is sufficient to—

(A) prevent a person from inadvertently coming into contact with the electric fence; or

(B) significantly deter a person from intentionally coming into contact with the electric fence.

(c) a fence which involves broken glass or nails on the top surface of the fence is dangerous fencing.


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Part 3 Bridges 6 Bridges

For the purposes of section 6(1)(y) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, a person must not engage in fishing from a bridge specified in Table 1 (Bridges).

Table 1 – Bridges

Column 1 Name of bridge

Column 2 Description of Bridge

Bermuda Street, Broadbeach Waters – Nerang River Bridge.

Bermuda Street crossing the Nerang River.

Gold Coast Highway – Tallebudgera Creek Bridge.

Gold Coast Highway crossing Tallebudgera Creek.

Part 4 Nuisances deemed not to exist 7 Nuisances deemed not to exist

For the purposes of section 7 (Exclusion from liability) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, a person does not commit an offence against section 5 (Prohibition of a nuisance) of Local Law No. 8 (Public Health, Safety and Amenity) 2008 in respect of the placement of materials or objects on a footpath or road if the person has placed the materials or objects on the footpath or the road in accordance with—

(a) the local government’s directions and schedules for collection of the materials or objects, as part of a dedicated kerbside clean up program entered into by the local government; or

(b) an approval granted under a local law.

Example—

A person who has been granted a permit under Local Law No. 11 (Roads and Malls) 2008 to interfere with a local government road by the placement of materials or objects on a footpath or road does not commit a nuisance.

Part 5 Permits 8 Application for a permit

For the purposes of section 17(1)(c)(iv) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, unless otherwise specified by the local government an application for a permit must, to the extent applicable, be accompanied by—


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(a) the name, address, telephone number, facsimile number and email address, of the person applying for the permit; and

(b) the trading name, street address, telephone number, facsimile number, email address, registered business name and Australian Business Number of the business under which the regulated activity is to be carried out; and

(c) the name, address, mobile telephone number, facsimile number and email address, of the person who will have control of the building site at the times the regulated activity is to be carried out;

(d) a copy of the licence issued by the Queensland Building and Construction Commission which authorises the person to carry out the building work the subject of the permit application; and

(e) details of the regulated activity proposed to be carried out, including—

(i) the nature of the building work; and

(ii) the times and places at which the building work or delivery will be carried out; and

(iii) the nature of the building work or delivery proposed to be carried out outside the prescribed times; and

(iv) the reasons why it is proposed that the building work or delivery is carried out outside the prescribed times; and

(v) the proposed term of the permit; and

(f) a plan or scale map showing—

(i) the location of the premises at which the building work or delivery will be carried out; and

(ii) the location (and identifying particulars) of any noise sensitive place that will be exposed to audible noise caused by the building work or delivery outside the prescribed times; and

(iii) the location and details (including acoustic levels at the source) of all noise sources from the building work or delivery; and

(g) any other information required by the local government.

Example for section 8(g) –

Once the local government has considered the location and details of all noise sources provided by the applicant, the local government may require an acoustic report to determine whether the proposed works will have an unreasonable impact on the health, safety or amenity of residents in the locality.


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9 Assessment criteria for a permit For the purposes of Schedule 2 (Dictionary) and section 18(1)(f) of Local Law No. 8 (Public Health, Safety and Amenity) 2008 the carrying out of a regulated activity must comply with the following assessment criteria—

(a) the matters which are the subject of the conditions specified in section 11 of this subordinate local law which are relevant to the undertaking of the building work or delivery can be adequately addressed by the imposition of those conditions; and

(b) the applicant for a permit has obtained any necessary development approval; and

(c) the building work or delivery will be undertaken on a temporary basis for a specified period of time; and

(d) the building work or delivery will not cause unreasonable noise in an affected building during the term of the permit; and

(e) the applicant has demonstrated that it is impractical for the building work or delivery to be carried out within the prescribed times.

10 Prescribed criteria for a noise permit For the purposes of Schedule 2 (Dictionary) and section 18(1)(g) of Local Law No. 8 (Public Health, Safety and Amenity) 2008 the carrying out of the regulated activity must comply with the following prescribed criteria—

(a) The applicant must establish and maintain a procedure for taking and managing complaints about noise from the regulated activity carried out outside the prescribed times, which must—

(i) provide a 24 hour telephone number for persons to call to make a complaint about the noise caused by the building work or delivery; and

(ii) set out the procedure that must be followed by the applicant after the receipt of a complaint to ensure the complaint is adequately addressed; and

(iii) require that the local government is notified of any complaint within 24 hours after the complaint is received; and

(iv) otherwise be to the satisfaction of the local government.

(b) the applicant must provide written notification (in the prescribed form) of the commencement of any building work or delivery carried out outside the prescribed times to the following persons, not less than 48 hours prior to the commencement of the building work or delivery—


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(i) the residents or operators of any noise sensitive place exposed to audible noise caused by the building work or delivery; and

(ii) the local government.

(c) signage must be erected at the premises where the building work or delivery is being carried out which clearly identifies—

(i) the permit number issued by the local government; and

(ii) the dates and times at which the permit authorises the building work or delivery to be carried out outside the prescribed times; and

(iii) the 24 hour telephone number for persons to call to make a complaint about the noise caused by the building work or delivery.

(d) unless a condition of a permit specifies different signage requirements the signage referred to in subsection (c) must –

(i) be no larger than 0.6m2; and

(ii) have letters 50mm in height; and

(iii) not be illuminated; and

(iv) be securely fixed to fencing or a building and visible from a road; and

(v) not project outwards more than 30mm from the fence or building

11 Conditions of a permit For the purposes of section 20(3) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, the local government may impose all or any of the following conditions on a permit—

(a) the regulated activity is to be carried out only at specified times; and

(b) the regulated activity is to be limited to work of a particular type, or the use of particular equipment, at specified times; and

Example of paragraph (b)—

Work to be carried out at specified times is restricted to work internal to a building, and must not involve the use of pneumatic tools.

(c) all reversing beepers and squawkers on vehicles are to be deactivated and spotters used during night-time works to the extent permitted under the Work Health and Safety Act 2011; and


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(d) all engines in vehicles or equipment are to be well muffled; and

(e) no whistles or amplified communication devices are to be used, other than two-way radios; and

(f) the volume on any communication devices must be kept to a minimum; and

(g) no radios or other amplified music or entertainment devices are to be used; and

(h) specified actions must be taken to minimise the impact of the noise generated by the building work or delivery, including, but not limited to the following—

(i) the construction and maintenance of noise barriers and enclosures around noisy equipment or along the noise transmission path; or

(ii) the implementation of noise reduction measures at noise sensitive places; or

(iii) the use of low noise equipment; or

(iv) the carrying out of routine maintenance on fans to minimise bearing noise; or

(v) the repair and replacement of defective mufflers and equipment; and

(i) any work involving the emission of high intensity ultraviolet light or the use of a floodlight is to be shielded to protect members of the public; and

(j) no materials are to be placed in skip bins (or similar) outside the prescribed times; and

(k) all external doors of the building are to remain closed during the carrying out of the building work; and

(l) all workers are to be off-site by no later than a stated time; and

(m) delivery vehicles must not load or unload goods for use on the site outside the prescribed times; and

(n) prior to the commencement of the building work, the applicant must notify the Queensland Police Service, Emergency Services and the Queensland Department of Transport; and

(o) the regulated activity must not affect the movement of road traffic; and

(p) the applicant must comply with the prescribed criteria.


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12 Changes in circumstances (1) For the purposes of section 21(1)(d) of Local Law No. 8 (Public Health,

Safety and Amenity) 2008, the changes in circumstances since the permit was granted that make a change desirable include that one or more complaints have been made in respect of the regulated activity being carried out outside the prescribed times by a resident or operator of an affected building.

(2) For the purposes of section 23(2) of Local Law No. 8 (Public Health, Safety and Amenity) 2008, the changes in circumstances since the permit was granted that make the continued operation of the regulated activity inappropriate include that one or more complaints have been made in respect of the regulated activity being carried out outside the prescribed times by a resident or operator of an affected building.


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Schedule Dictionary

section 4

affected building has the meaning given in the Environmental Protection Act 1994.

night-time has the meaning given in the Environmental Protection (Noise) Policy 2008.

noise sensitive place includes—

(a) a residential property; and

(b) a sensitive receptor listed in Schedule 1 of the Environmental Protection (Noise) Policy 2008.

park has the meaning given in Local Law No. 9 (Parks and Reserves) 2008.

residential property means a building or property of a type that would ordinarily be used, or intended to be used, as a place of residence or mainly as a place of residence and includes short term accommodation.

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Public Interest Test Report

Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 and Health, Safety and Amenity (Amendment) Subordinate Local Law

(No. 1) 2015 1. Introduction

In accordance with the procedure required under the Local Government Act 2009 (LG Act) and the Local Government Regulation 2012 (LG Regulation), a public-interest test has been conducted in respect of the anti-competitive provisions which were identified in the proposed Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 (Amending LL9) and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No.1) 2015 (Amending SLL9.1)

The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement which was outlined in the Public Interest Test Plan for the proposed amending local law and the proposed amending subordinate local law (the proposed amending local laws).

A copy of the Public Interest Test Plan is included as Annexure A to this Public Interest Test Report.

In compliance with the LG Act and Section 15 of the LG Regulation, this Public Interest Test Report has been prepared in accordance with the Guidelines for Conducting Reviews on Anti-Competitive Provisions in Local Laws (Guidelines).

2. Definitions

The following expressions used in this report have the following meanings:

• Council means the Council of the City of Gold Coast.

• Amending LL8 means the proposed Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015.

• Amending SLL8.1 means the proposed Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015.

• LL8 means Council’s existing Local Law No. 8 (Public Health, Safety and Amenity) 2008, which Amending LL8 will amend.

• SLL8.1 means Council’s existing Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008, which Amending SLL8.1 will amend.


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Public Interest Test Report: Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No.1) 2015 Page 2

3. Results of consultation process

Public Consultation

Public consultation occurred over a 21 day period commencing on Thursday 3 December 2015 and ending on Wednesday 23 December 2015 (consultation period).

Notice of public consultation and invitation to make submissions was:

(a) published in the local newspaper (the Gold Coast Bulletin) on Wednesday 2 December 2015 advising of the review and calling for submissions;

(b) posted on notice boards within the local government area;

(c) published on Council’s website during the consultation period; and

(d) sent to identified key stakeholders.

Council received 45 individual submissions (26 were from residents in Nexus Towers in Southport) and one (1) petition style submission from 132 residents from Harbourside Residential Resort in Biggera Waters (total of 46 separate submissions) for the proposed local laws during the consultation period.

Within the 46 submissions 7 separate points objecting to building work noise or building delivery noise were received from residents and two (2) submissions supported the proposed amendments provided Council assessed each application on a case by case basis.

The main objections relating to building work noise or building delivery noise included concern that the proposal was a blanket 24/7 approval; noise effecting health, general wellbeing and sleep; increased dust; light; traffic congestion; worker health and safety compromises; and inappropriate driver for change (i.e. Commonwealth Games and developer greed).

24/7 approvals Substantial concerns were raised regarding approvals for 24/7 operations (19 individual submissions plus the signatory 132 petition) and the effect noise has on health, wellbeing and sleep (41 individual submissions plus the petition).

The proposed amendments are not a blanket approval for construction activities or delivery of building materials to be carried out 24/7. An application is required to be lodged and assessed and the applicant must prove that it is impracticable for the work to be carried out within prescribed times in order to be considered for a building work noise or building delivery noise permit. An occasional 24 hr permit may be issued for a few days under exceptional circumstances. Under previous local laws only two (2) 24 hour x three (3) day permits were granted in the last eight (8) years – both only allowed quiet work (cabinet installation/tiling {no cutting}, painting/electrical and plumbing work) at night time. As an example, typical construction for a high-rise may require a large podium slab which necessitates an early start for the concrete pour and a late finish to properly finish the concrete surface i.e. 5.30 am – 9.00 pm.

Noise impacts Several of the submitters have experienced issues with ongoing noise due to the light rail construction and 26 residents of Nexus Towers have expressed concerns due to the potential for ongoing noise associated with these amendments due to three (3) proposed developments near their residential building. Excessive noise has been shown to effect health, general wellbeing and sleep.


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In the past after hour permits (less than 24 hours) have typically been granted for moving over-width machinery to site (which must be done under Queensland Police/DTMR supervision), setting up large cranes and equipment, large concrete pours (e.g. exceeding 500m2), lifting air-conditioning equipment or roofing materials into place whilst roads can be closed (e.g. large cranes that must sit on major roads or high traffic roads such as Gold Coast Highway, Orchid Ave etc.) where the work if during normal hours would create extreme traffic congestion/chaos.

Noise impacts are a key criterion to be considered prior to issuing a permit for after hour building delivery or work. Applicants must prove that it is impracticable for the work to be carried out within prescribed times to be considered for a permit and may be required to submit an acoustic report prior to the application being decided. It is envisaged that the issuing of a permit to allow 24 hours building work would be quite rare and subject to stringent conditions.

Other impacts Potential dust and light impacts are manageable and will be considered in each application. Traffic congestion is likely to be minimal outside prescribed hours and any street closure involves a permit under Local Law No. 11 (Roads and Malls) 2008 which would require residents be notified with sufficient time. The principle responsibility for worker health and safety issues rests with the State Government who did not raise concerns in relation to the proposed amendments. Whilst the proposed amendments will support development for some of the Commonwealth Games construction, it is not a driving factor. Building work noise permits were issued under a previous local law (repealed) until recently and provisions enabling permits have subsequently been proposed in this amendment.

Detail of the public consultation submissions received and responses is included as Annexure B.

State Interest Consultation

As a result of the State-interest check process undertaken pursuant to Section 29A of the LG Act, the:

• Department of National Parks, Sport and Racing requested inclusion of the Nature Conservation Act 1992 and Forestry Act 1959 in indemnity provisions to protect their staff from liability when undertaking their duties. The amendments have been proposed.

• Department of Housing and Public Works advised of the different definitions of ‘building work’ between the Environmental Protection Act 1994 (EP Act) and the Building Act 1975 (BAct). The EP Act definition has been retained.

• Department of Infrastructure, Local Government and Planning provided several minor amendments and expressed concern that section 6 of LL8 breaches fundamental legislative principles. Independent legal advice confirmed that the existing and proposed amendments to section 6 of LL8 meet those principles. The minor amendments only have been proposed.

The remaining submissions from the State did not contain issues directly related to the anti-competitive provisions or require further amendments. A précis of the comments received in response to the State interest check is included as Annexure C.

Following the consultation period the proposed amending local laws were reviewed to determine whether consequential amendments were required. Minor amendments as indicated above are proposed to Amending LL8 as a result of the State-interest check


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process.

Reassessment of alternatives The Public Interest Test Plan identified one realistic alternative to the anti-competitive provisions, being co-regulation.

Following the public consultation process the local government still considers that co-regulation is the only realistic alternative to the proposed amending local law.

4. Summary of impacts associated with the proposed amending local laws and viable alternatives

A summary of the positive and negative impacts for stakeholders associated with the proposed amending local laws and viable alternatives are set out in the Table below.

Stakeholder Current Proposed Amendments Co-regulation


Moderate Positive

Consistent standards for building work noise and building site delivery noise together with the flexibility to approve building work noise and deliveries outside the prescribed times in appropriate circumstances.

Potential decreases in construction delays and consequential disruption to public during construction periods.

Increased certainty and control over building site deliveries.

Potential increases in complaints relating to building works or building site deliveries permitted outside the prescribed times.

Low negative

The implementation of a co-regulation regime would require the suspension of the current local-law making process and a potentially lengthy period of consultation whilst LL8 and SLL8.1 are substantially re-drafted in consultation with industry and other stakeholders.

There would be a significant financial and time cost to Council, as a result of financial and human resources being diverted to redrafting the regulatory framework. There would also be additional costs incurred as a result of increased enforcement and management costs for the new regime on an ongoing basis.

Whilst the objective of this would be to encourage compliance through cooperation, the likely result of moving to a system of co-regulation would be an overall decrease in the level of regulation for building work noise and building site delivery noise. This may adversely impact on the achievement of the objectives of LL8, and would be likely to result in increased complaints.

There would also be significant opportunity costs to ratepayers, as a result of financial and human resources being diverted towards re-drafting the relevant laws in the form of a co-regulatory system.

+2 -1


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Residents and Consumers

Low negative

Consistent standards for building work noise and building site delivery noise.

Potential decrease in the length of disruptions caused by building work which cannot presently be carried out outside the prescribed times.

Potential increase in disruptions outside the prescribed times for short periods. Concern over increased noise levels.

Moderate negative

Reduced regulation potentially leads to reduction in overall standards of amenity, health and safety and increase in disturbance from building work noise and building site delivery noise. Concern over increased noise levels.

-1 -2

Existing and potential businesses

Moderate positive


Construction businesses will have flexibility to apply for a permit for building work noise and deliveries outside the prescribed times in appropriate circumstances. This will potentially result in decreased disruptions, increased efficiency and lower costs due to minimising delays and construction times.

Potential increases in complaints for some business relating to building works or building site deliveries permitted outside the prescribed times.

Moderate Positive

Construction businesses would have greater input into the content of the local law and how their respective regulated activities are managed by Council. This has the potential to result in greater flexibility for some business and reduced regulation.

Potential to result in increased disturbance to some businesses due to a reduction in overall standards of amenity, health and safety and increase in disturbance from building work noise and building site delivery noise.

+2 +2

Gold Coast’s Chambers of Commerce and/or Industries

Low positive



Potential increases in disruptions for some business relating to building works or building site deliveries permitted outside the prescribed times.

Low Positive

Construction businesses would have greater input into the content of the local law and how their respective regulated activities are managed by Council. This has the potential to result in greater flexibility for some business and reduced regulation.



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+1 +1

Retail Traders and Shopkeepers Association of Queensland/Retailers Association of Queensland

Neutral



Potential increases in disruptions for some business relating to building works or building site deliveries permitted outside the prescribed times.

Low negative


0 -1

Overall Result

High Positive Low Negative

Overall, the analysis of the costs and benefits has determined that there would be:

(a) an overall high positive impact from the proposed amendments as a result of improvements to the existing regulatory regime, brought about by implementing a permit system for building work noise or building delivery noise. The laws are unlikely to have any noticeable effect on competition within existing markets. Without the laws construction cannot take place outside prescribed times; and

(b) an overall low negative impact from a move to a system of co-regulation with probable reduction of standards by builders and therefore greater impacts on nearby residents; and

(c) The results of the analysis indicate that the implementation of the alternative identified will result in an overall low negative impact, whereas the impact of the proposed amendments will be an overall high positive.

Accordingly, the implementation of the alternative will not be as effective in achieving the aims of the current proposed Amending LL8. The alternative is therefore not considered to be a reasonable alternative to the system of regulation by Amending LL8.

The proposed amendments are considered an appropriate means of achieving the objectives of LL8, which include preserving public safety and amenity and still facilitate development within the City.


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5. Recommendation

In consideration of the impacts identified above, it is recommended that each of the anti-competitive provisions identified in the public interest test plan be retained in the proposed amending local laws in the overall public interest, because:

(a) the benefit of the anti-competitive provisions to the community as a whole outweighs the cost; and

(b) the most appropriate way of achieving the objectives of the proposed local laws is by restricting competition in the way provided in the anti-competitive provisions.

#52301574


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ANNEXURE A

PIT REPORT – PUBLIC INTEREST TEST PLAN


Public Interest Test Plan

Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015

1. Introduction

In accordance with its obligations under section 38 of the Local Government Act 2009 (Qld), the Council of the City of Gold Coast is conducting a public interest test on possible anti-competitive provisions identified in proposed Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 and Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015. The public interest test process was instituted as a result of the National Competition Policy reforms, which commenced in the mid-1990s. The test will be conducted against the principles and objectives set by the Competition Principles Agreement (CPA), which was entered into between the States and Territories and the Commonwealth of Australia as part of those reforms.

Under clause 5(1) of the CPA, Commonwealth and State governments agreed to the principle that legislation should not restrict competition unless it can be demonstrated that:

• the benefits of restriction to the community as a whole outweigh the costs; and

• the objectives of the legislation can only be achieved by restricting competition.

Under clause 5(9) of the CPA, a public interest test of legislation (including local laws) that restricts competition is required to:

• clarify the objectives of the legislation;

• identify the nature of the restriction on competition;

• analyse the likely effect of the restriction on competition and on the economy generally;

• assess and balance the costs and benefits of the restriction; and

• consider alternative means of achieving the same result including non-legislative approaches.

Without limiting the matters to be taken into account in a review, clause 1(3) of the CPA sets out matters which should be taken into account as follows:

• government legislation and policies relating to ecologically sustainable development;

• social welfare and equity considerations, including community service obligations;

• government legislation and policies relating to matters such as occupational health and safety, industrial relations and access and equity;


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Public Interest Test Plan: Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 Page 9

• economic and regional development, including employment and investment growth;

• the interests of consumers generally or of a class of consumers;

• the competitiveness of Australian businesses; and

• the efficient allocation of resources.

This public interest test plan has been prepared in accordance with the document entitled National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws Version 1 (the Guidelines), issued by the Queensland Department of Local Government and Planning (as it was at the time the Guidelines were issued) and called up under the Local Government Regulation 2012. The Guidelines set out the criteria for identifying possible anti-competitive provisions and the process for conducting reviews of those provisions.

In preparing this public interest test plan Council has also had regard to the Public Benefit Test Guidelines dated October 1999 issued by Queensland Treasury.

This public interest test plan details the activities to be conducted during the test and identifies the depth of analysis to be carried out on the possible anti-competitive provisions.

2. Definitions

The following expressions used in this plan have the following meanings:

• Council means the Council of the City of Gold Coast;

• Amending LL8 means the proposed Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015;

• Amending SLL8.1 means the proposed Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015;

• LL8 means Council’s existing Local Law No. 8 (Public Health, Safety and Amenity) 2008;

• SLL8.1 means Council’s existing Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008.

3. Objective of Amending LL8 and Amending SLL8.1

Section 2 of Amending LL8 says that its objects are as follows:

“The object of this local law is to amend Local Law No. 8 (Public Health, Safety and Amenity) 2008 to—




(d) prescribe a noise standard for building work under the Environmental Protection Act 1994; and


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(e) make consequential and minor amendments.”

Section 2 of Amending LL8.1 says that its objects are as follows:

“The object of this subordinate local law is to amend Subordinate Local Law No. 8.1 (Public Health, Safety and Amenity) 2008 to—


(b) make minor and consequential amendments.”

4. Details of anti-competitive provisions

The possible anti-competitive provisions and the reasons the provisions are considered to be anti-competitive are identified in the table which forms Attachment ‘A’ to this plan.

5. Current environment

LL8 and SLL8.1 currently regulates a number of activities that are deemed to cause a nuisance and regulates a number of matters relating to shopping trolleys.

The Environmental Protection Act 1994 (EP Act) regulates environmental harm including environmental nuisance. The EP Act creates an offence for unlawfully contravening a noise standard and sets default noise standards for a number of activities including building work. The EP Act relevantly prohibits audible noise from building work during the following times:

on a business day or Saturday, before 6.30am and after 6.30pm; and

on any other day, at any time.

The EP Act does not include a mechanism to allow local governments to permit building work noise outside the prescribed times in appropriate circumstances. However, the EP Act allows local governments to prescribe a noise standard in a local law to replace the default noise standard for the activity identified in the EP Act.

The proposed amendments will prescribe a noise standard for building work that will replace the default noise standard for building work in the EP Act. The standard will be based on the EP Act standard for building work but will allow Council to permit building work outside the prescribed times in appropriate circumstances. The proposed amendments will also insert a permitting system for regulated activities which will include building work noise and building site delivery noise. The permitting system is based on the system included in many of Council’s other local laws.

Council previously issued permits for out of hours building work noise under repealed Local Law No. 23 (Limitation of Hours of Building and Construction Work). The proposed amendments will reintroduce a permitting system which complies with the current requirements in the EP Act.

6. Confirm sections are anti-competitive

At this stage, the possible anti-competitive provisions that have been identified are still considered to be anti-competitive. The provisions will be reviewed again at the conclusion of the public consultation process.


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7. Determination of exclusions

Amending LL8 and Amending SLL8.1 are not excluded from the review of anti-competitive provisions under the Guidelines.

8. Preliminary assessment

A preliminary assessment has been conducted in accordance with the Guidelines. Council is not presently satisfied that there will not be any significant impacts from the possible anti-competitive provisions. Accordingly, the review process will be conducted in accordance with the principles set out in the Guidelines.

9. Realistic regulatory and non-regulatory alternatives to Amending Local Laws

The objects of LL8 include the protection of public health and safety by eliminating or reducing an act or omission that results in harm to human health and safety; property damage or a loss of amenity; or environmental harm or environmental nuisance. Amending LL8 will prescribe a noise standard for building work and together with Amending SLL8.1 will introduce a permitting system for regulated activities which include building work noise and building site delivery noise.

Regulation is considered to be an effective and appropriate means of achieving the objectives of LL8 and SLL8.1. Prescribing a noise standard for building work in a local law is the only viable alternative for varying the default noise standard for building work in the EP Act.

The other regulatory and non-regulatory alternatives available to the local government which do not appear to achieve the objectives of Amending LL8 and Amending SLL8.1 and are not considered to be viable are:

• self-regulation;

• no-regulation;

• master licensing;

• public information and education program;

• negative licencing;

• economic incentives;

• industry accreditation; and

• empowering consumers.

The following alternative was, however, considered to be potentially viable, and was chosen for further consideration:

• co-regulation.

Co-Regulation

The legal instruments and administrative arrangements involved with co-regulation are much the same as with local government regulation. The difference is that the rules are drafted in close consultation and co-operation with affected parties. For example, the regulation of local business (e.g. business hours) are developed through the joint endeavours of administrators, business, and representatives of the relevant chambers of commerce. The chances of compliance (with or without enforcement) are, therefore, increased because those they directly affect make the rules, in part.


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In a co-regulation environment, the role of local government is that of ‘senior partner’ in relation to product/service providers and consumers.

10. Key stakeholders affected by the current situation and by a move to alternative arrangements

The following key stakeholders and broad impacts have been identified as potentially being affected by the proposed amendments to LL8 and SLL8.1:

Stakeholder Size of group Distribution of group

Impact Rating and Rationale


One Council Local Government Area

High Positive Consistent standards for building work noise and building site delivery noise together with the flexibility to approve building work noise and deliveries outside the prescribed times in appropriate circumstances.

Potential decreases in construction delays and consequential disruption to public during construction periods.

Increased certainty and control over building site deliveries.

Low negative Potential increases in complaints relating to building works or building site deliveries permitted outside the prescribed times.


11,774,359 (cumulative total of residents and visitors in one year)

Local Government Area

Low positive Consistent standards for building work noise and building site delivery noise.

Potential decrease in the length of disruptions caused by building work which cannot presently be carried out outside the prescribed times.

Low negative Potential increase in disruptions outside the prescribed times for short periods.


57,557 Local Government Area

High positive Consistent standards for building work noise and building site delivery noise.



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Low negative Potential increases in complaints for some business relating to building works or building site deliveries permitted outside the prescribed times.


Ten Local Government Area

Moderate positive Consistent standards for building work noise and building site delivery noise.


Low negative Potential increases in disruptions for some business relating to building works or building site deliveries permitted outside the prescribed times.


One Local Government Area

Low positive Consistent standards for building work noise and building site delivery noise.


Low negative Potential increases in disruptions for some business relating to building works or building site deliveries permitted outside the prescribed times.

The co-regulation alternative has been examined in the context of a change to the entire regulatory regime and licensing system.

The likely broad impacts on the key stakeholders that would result from a change to co-regulation are as follows.


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High negative The implementation of a co-regulation regime would require the suspension of the current local-law making process and a potentially lengthy period of consultation whilst LL8 and SLL8.1 are substantially re-drafted in consultation with industry and other stakeholders.

There would be a significant financial and time cost to Council, as a result of financial and human resources being diverted to redrafting the regulatory framework. There would also be additional costs incurred as a result of increased enforcement and management costs for the new regime on an ongoing basis.

Whilst the objective of this would be to encourage compliance through cooperation, the likely result of moving to a system of co-regulation would be an overall decrease in the level of regulation for building work noise and building site delivery noise. This may adversely impact on the achievement of the objectives of LL8, and would be likely to result in increased complaints.

There would also be significant opportunity costs to ratepayers, as a result of financial and human resources being diverted towards re-drafting the relevant laws in the form of a co-regulatory system.


11,774,359 (cumulative total of residents and visitors in one year)


Moderate negative Reduced regulation potentially leads to reduction in overall standards of amenity, health and safety and increase in disturbance from building work noise and building site delivery noise.


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57,557 Local Government Area

Low positive Construction businesses would have greater input into the content of the local law and how their respective regulated activities are managed by Council. This has the potential to result in greater flexibility for some business and reduced regulation.

Low negative Potential to result in increased disturbance to some businesses due to a reduction in overall standards of amenity, health and safety and increase in disturbance from building work noise and building site delivery noise.


Ten Local Government Area

Low positive Construction businesses would have greater input into the content of the local law and how their respective regulated activities are managed by Council. This has the potential to result in greater flexibility for some business and reduced regulation.



One Local Government Area


11. Type of assessment and level of resources required

The assessment will comply with the following principles set out in the Guidelines:

1. Meaningful consultation with relevant businesses about the anti-competitive provisions;

2. Examination of the reasonable alternatives to the anti-competitive provisions;


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3. A cost benefit analysis that involves calculating the value of the impacts, both positive and negative, of the anti-competitive provisions including:

i. The local government’s costs in implementing and enforcing the provisions;

ii. The costs of compliance for business;

iii. Comparison of the total costs for each of the reasonable alternatives;

iv. The benefits to the community from the anti-competitive provisions.

4. Determining whether on balance the anti-competitive provisions should be retained in the proposed local law in the overall public interest.

In conducting the assessment Council will also have regard to the Public Benefit Test Guidelines dated October 1999 by Queensland Treasury. The assessment will be conducted by Council as a minor assessment. The emphasis will be on qualitative analysis with key impacts expressed in monetary terms where data is available.

The review will be conducted in-house by a team of Council officers.

12. Extent of consultation to be conducted

Consultation will be conducted by giving public notice of the review in the local newspaper and inviting submissions. Public notices will also be posted on the public notice boards in Council’s chambers and on Council’s website, and letters will be sent to representative bodies of existing operators advising of the review and inviting submissions.

The public interest test plan and a copy of Amending LL8 and Amending SLL8.1 will be open to inspection at Council’s public office and copies will be available for purchase.

13. Determine time-frame for conducting the public interest test

The time-frames for conducting the public interest test will be:

Commence public interest test October 2015

Estimate of time for completing public interest test Consultation period

2 months, including consultation period. Minimum of 3 weeks (21 days)

Target date for presenting report to local government

The Council meeting to be convened by Council 2 months after the commencement of the public interest test.

14. Determine content of the public interest test report

The public interest test report will provide:

• a summary of the consultation process including a list of affected groups consulted and the outcomes of consultation;

• a statement of alternatives which are assessed to be not viable;


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• a summary of the positive and negative impacts associated with the alternatives compared to the existing environment;

• a summary of the net impacts (positive or negative) associated with the alternatives; and

• recommendations.

15. Public interest test plan approval This decision has been delegated by Council to the Chief Executive Officer. The Local Government Act 2009 allows this decision to be delegated by Council. Council will not delegate any decision in respect of recommendations contained in the actual public interest test report.

Approved by:

#50952281


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PIT Plan – continued (List of Possible Anti-Competitive Provisions from #50952475)

ATTACHMENT A



List of Possible Anti-Competitive Provisions

Date: 9 September 2015 Name of Local Law Brief description of

object/purpose of local law

Description of anti-competitive provisions

Criteria under which anti-competitive provisions caught

Reasons, or basis, for thinking the provision is caught by the criteria






(d) prescribe a noise standard for building

Section 12 (Insertion of new Part 5 (Prescribed noise standard))

Barriers to entering the market.

Restricting competition in the market.

The proposed amendment will prescribe a noise standard for building work for the purposes of section 440R of the Environmental Protection Act 1994 (EP Act). The proposed standard is based on the current standard in the EP Act but allows a person to apply for a permit to carry out building work outside the prescribed times.

The proposed amendment will require a business to obtain a permit to carry out building work outside the prescribed times and give a benefit to those permit holders not enjoyed by other businesses.

Section 13 (Insertion of new Part 6 (Regulated activities))

Section 16 (Insertion of new Schedule 1 (Regulated activities))

Section 17(Amendment of Schedule 2 (Dictionary))



The proposed amendments will create a permitting system for carrying out building work and building site deliveries outside the prescribed times.

The proposed amendments are part of a proposed regulatory system which may create a barrier to entering the market because they place restrictions on the conduct of business involved in building


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Name of Local Law Brief description of object/purpose of local

law




work under the Environmental Protection Act 1994; and


work and building site deliveries outside the prescribed times.

The proposed amendments are also part of the proposed regulatory system that will give a benefit to a permit holders not enjoyed by other businesses which may be considered a restriction on competition.





Section 8 (Insertion of new Part 5 (Permits))



The proposed amendments will insert requirements for the application, assessment and approval of regulated activities under LL8.

The proposed amendments are part of a proposed regulatory system which may create a barrier to entering the market because they place restrictions on the conduct of business involved in building work and building site deliveries.

The proposed amendments are also part of the proposed regulatory system that will give a benefit to permit holders not enjoyed by other businesses which may be considered a restriction on competition.

#5095247


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ANNEXURE B PIT REPORT - TABLE OF RESPONSES TO COMMUNITY CONSULTATION

Public Submissions Received for the Proposed Local Law/s and Council’s Consideration Public Submissions for –

• Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 (the proposed local law) • Public Health, Safety and Amenity (Amendment)Subordinate Local Law (No. 1) 2015 (the proposed subordinate local law) • Public Interest Test Plan

File: LG222/365/18 Advertised in the Gold Coast Bulletin Wednesday 2 December 2015 and on Council’s website – “gchaveyoursay”. With submissions commencing on Thursday 3 December 2015 and closing Wednesday 23 December 2015 (21 days consultation). Right to Information Act 2009 and Information Privacy Act 2009 Unless otherwise authorised or required under a law any personal information contained in any submission made will only be utilised by Council for the purposes of conducting the Local Government Act 2009 prescribed consultation stage of Council’s Local Law making process TOTAL = 46 submissions received including 1 petition of 132 participants. Table 1 provides a copy/précis of submission details and a breakdown of salient points within each submission for consideration. Table 2 provides consideration of each submission point to each submission received. Table 3 outlines recommendations that support public consultation submission Attachment 1 contains the electronic records system file numbers for the 132 petition style submissions taken to be 1 submission.


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Table 1: Submissions Received D

etai

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Submission from: Précis of submission details (include section/s of proposed law )

Submission points for consideration by Council (submission breakdown)

Con

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1 Member of Public SURFERS PARADISE Online 5/12/15 # 52350803

I strenuously object to construction work being carried on outside the existing hours of 6.30am to 6.30pm. There are a number of developments due to commence work in my immediate neighbourhood here on Chevron Is. Allowing developers a 24/7 licence to make as much noise as they like would be disastrous to the health and wellbeing, to say nothing of the lack of sleep which would be afforded to all residents.

One wonders, how many "BROWN PAPER BAGS' are changing hands!

Objection to building work out of hours due to:

- Perception of 24 hour blanket approval

- Noise bad for health and wellbeing, lack of sleep

A

B

2 Member of Public SOUTHPORT Online 5/12/15 # 52370913

As a hospitality shift worker, I strongly oppose the proposed amendments allowing for around the clock construction work.

I already find it hard enough being woken up at 7am every day, 6 days a week for the past 3 weeks, by the ongoing hammering, buzzsaws, drills and loud talking from the construction workers across the road who are building my neighbours new garage. I work late most nights (I am rostered to finish at 12am on Monday mornings, and anywhere between 9-10pm most other nights, not accounting for the extra hour or two it takes to actually wind down and get to sleep after arriving home from work) and there is nothing worse to be woken up by, especially when I have a day shift the following day. It is extremely inconsiderate. If one cannot get sleep in their own private property due to frequent/constant local outdoor noise, where can they?? There is only so much caffeine one person can drink in a day.

If anything I believe it should be changed to LATER starting times for construction in general (9am, ideally) in respect to those of us who have to work late nights and shift work and value our precious morning sleep time.

If such amendments are approved I will be extremely disappointed and will be reconsidering who I vote for in future if they allow for such outrageous changes.


- Shift work already being impacted due to 6:30am starts

B

3 Member of Public ASHMORE Online 5/12/15 # -52350762.

I do not think that the hours should be extended due to noise concerns Objection to building work and delivery of building materials out of hours due to:

B


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- Noise concerns

4 Member of Public RUNAWAY BAY Online 5/12/15 # 52350752

24 hour construction proposal continues the GC Council's lack of values and ethics wherein again council sees the $$ as the key driver. I urge council to re-consider this 24 hour proposal as such work times have a well researched history of : 1. Greed 2 Family break ups 3. Major effect on health due to shift work, sleep deprivation, and mental illness 4 Site tensions due to health breakdown (see 3) . 5.Community relations put under duress due to noise 6. OH&S issues 7. Contractors forced to abandon TQM protocols due to time pressure Such a proposal confirms councillors just do not understand Leadership particularly using a suggestion the community "just wants to get on with it" and ignoring basic PDCA steps.



- Noise bad for health, family and community relationships

- Shift workers effected - OH&S issues - Workers abandoning TQM

protocols

A

B

B E E

5 Member of Public BUNDALL Online 15/12/15 # 52370913

In respect to builders working outside normal hours it should be on a case by case basis. In limited or non residential areas no problem but in high residential areas it could be a major problem and should be decided by council.

Neutral – want building work out of hours to be allowed only on a case by case basis. Concern in high residential areas.

H

6 Member of Public SUFERS PARADISE Online 15/12/15 # 52350812

I believe to give Blanket approval to all projects 24 hour building work is going to have an adverse impact on the occupiers of adjoining/surrounding properties and loss of existing amenity [ ie ; sleep ] to the community. I personally believe it should be done on a project by project basis and the location of the construction and nearest neighbors. I do believe certain trades , plumbers , carpenters, painters and electricians can be allowed to work 24 hours but No jackhammers or concrete chasing out of normal hours. Concrete pours and use of cranes to stop at 8.00pm.. 90% of the community will not be affected but the other 10% who live on "The Strip "'



- Loss of amenity, sleep due to noise

Support for building work out of

A

B


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where new developments spring up everyday, one construction finishes another starts up nearby immediately, the community gets No rest. If special permits are issued to work 24 hours the mindset of the developer/builder has to change regarding his attitude to noise and living with his neighbors. Building inspectors should be working at night to ensure that permit conditions are kept to.. Council will have to come down Hard on offenders, immediate loss of permit. Unfortunately in my opinion , nowadays Council does not get hard until the building is complete, by which time it is to late and builder gets away with breaking the rules. I ask the persons who are investigating the suggested rules, what conditions and penalties would You want to be in place if You were living next to new high/low rise construction.

hours if: - done on a project by project

basis - considers neighbours - no trades such as plumbing,

carpentry, painting & electrical

- no jackhammering - strict enforcement

H

7 Member of Public OXENFORD Online 7/12/15 # 52350730

I have never heard of any thing so stupid as wanting to operate 24 hrs a day on construction sites. We have to put up with a lot of inconvenience during the day let alone at night as well. One councillors answer was to buy ear plugs! Lets start thinking about the people and how it effects them instead of just the Developers.



- Noise

A

B

8 Member of Public MOLENDINAR Online 5/12/15 # 52350826

24 hour construction is not suitable. Noise from this would disrupt residents.



- Noise disruption

A

B

9 Member of Public BURLEIGH HEADS Online 5/12/15 # 52350786

This is a no brainer, no way allow this.

It unlikely to effect myself but other members of the community need time to sleep, walk, garden and generally enjoy peace and quiet. Especially in today high pressure society. Imagine coming home from a big day to construction all night.

Bad Bad submission, council has a responsibility to protect its residents

Objection to building work and delivery of building materials out of hours due to:


- Noise effecting sleep, peace and quiet

A

B


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from this type of pressure.

10 Member of Public MAIN BEACH Online 6/12/15 # 52350739

Definitely not in favour of this proposal. At the present time our location is subjected to considerable traffic noise and light pollution. On the domestic front we experience plenty of jackhammering and building noise from renovations. Sometimes you would think that you are living in an industrial area and not a residential one. Definitely,no,no,no to this proposal.


- Noise - Light

B D

11 Member of Public Nexus Towers SOUTHPORT Online 15/12/15 # 52370913

No night work please, especially Southport area that people live in central Southport have to bear all kinds of noise from all kind of constructions, it doesn't really bother people in day time but at night absolutely no, people need rest and we got to work the next day

Objection to building work and delivery of building materials at night due to:

- Noise effect on rest and work

B


I do not want extended construction hours. The noise pollution is not worth ruining our quality of life


- Noise effecting quality of life

B

13 Member of Public Nexus Towers SOUTHPORT Hardcopy submission form – hand written submission received by Records section 18/12/15 # 52357247

Handwritten submission form posted. Typed details of the above handwritten submission:

Firstly your 1st paragraph of the correspondence, seems to me to be a large load of BULL. Noise 24 hours a day would only cause more damage to the environment. Question: is the City Council trying to chase visitors away from this lovely city. Fancy people paying large heaps of money to listen to building noise going 24 hours a day. Please give us a life.



- Nosie effecting visitors to the city

A

B


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P.S. Please wake up to yourselves b 4 the next elections.

14 Member of Public Nexus Towers SOUTHPORT Email 18/12/15 #52373297

Scanned handwritten submission form

Typed details of the above handwritten submission: My balcony is right in front of the Star of the Sea convent & it has been sold for redevelopment. I will be 90 years of age in April next year & I am not very well & I need my sleep. It is really upsetting me to think if people are allowed to work on building sites 24 hours a day it is going to affect my health. So I object to the new laws.



- Noise affecting sleep

A

B

15 Member of Public Nexus Towers SOUTHPORT Email 18/12/15 #52373302

Scanned handwritten submission form.

Typed details of the above handwritten submission: I live in Nexus Apartments in Southport & I have three proposed redevelopments around my building - one to the east, one to the north & one to the west, which would be an absolute nightmare during their development. We all need a good nights sleep & that would not happen if this 24 hour law was passed. I strongly object to this.




A

B


We strongly object to the submission to allow 24 hour construction work on th Gold Coast and believe that the current times are adequate. We are residents living directly opposite a proposed construction site in Scarborough st Southport and also believe that any diviation from the current hours would have a direct effect on our health and well being as well as the other 185 apartment dwellers a number of whom are in the twight of there years.Why should we cater to the demands of a few for monetary gain?



- Noise affecting health and well being

A

B


We strongly object to the consideration to the submission to allow construction sites to operate 24 hours.We reside directly opposte a proposed 44 level site and believe that this site together with numerous other sites in Southport will directly effect our health & wellbeing together with that of 185 apartment dwellers in our complex.We believe that all developers have had adequate time to ensure any construction will be



- Noise affecting health and

A

B


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complete for the 18 games. well being


I strongly object to the council to allow for building work and delivery of building materials outside the prescribed times (Environmental Protection Act 1994 section 440R(1)(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (b) on any other day, at any time. I live in a high rise in central Southport & I would not like to be kept awake at night with all the noise that would project from the many new & approved high rises to go up in Southport. Very upset if this law is passed, I have spent a lot of money to live where I do. Thank you


- Noise at night

B


I wish to lodge my disagreement with any proposal to allow extended hours of construction across the Gold Coast per the above proposal. I am a resident of Southport and already have issue with the amount of excessive noise we have been faced with by Council carrying out certain construction related activities in the past (such as drilling in the Cloyne St carpark at 4:30AM). The Council promotes Southport as an area where we develop a community of people working and living together and we DO NOT need construction activities carried out outside of the current permitted hours of 6:30AM to 6:30PM


- Noise

B

20 Member of Public SOUTHPORT Online 18/12/15 # 52370913

with all the development work in Southport it will be very hard to get a good nights sleep and I sure the tourists would love it if they were kept awake all night on their vacation


- Noise interrupting sleep - Noise affecting tourists sleep

B


Re: amending laws to allow building works & materials delivery outside of the current prescribed hours between 6.30 am & 6.30 pm I strongly object to this proposal as Nexus is largely a residential high rise. We already have some traffic noise all night. I am a medical practitioner and this proposal will deny me peaceful resting hours thus interfering with my ability to perform optimally in my clinical work.


- Noise affecting sleep and thus work performance

B


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I am a war veteran who suffers from PTSD. The proposed change in this law will significantly increase noise on building sites and roads in the area. Increased noise will disrupt my sleep and will increase the symptoms of PTSD. Many war veterans who live in the Gold Coast suffer from this condition and proposed changes will have detrimental effects on their health. Please do no change these regulations.


- Noise affecting sleep and PTSD

B


We live in Scarborough St. with a proposed building construction to take place in front on Marine Parade, with proposed several high rises, we object to the amendments as our quality of life and health would be badly impacted, we all lived through the light rail construction as we knew it would come to an end, no one could live through 24/7 construction, with continued noise 24/7. The tourist industry would be so damaged, having to stay next to a building construction working 24/7 bad news travels fast. do not approve these amendments



- Noise affecting health and quality of life

- Noise affecting tourism - Experience with light rail

construction

A

B

B


I am very concerned about the proposed new law to allow 24hr building work. As residents of Nexus Towers we do not need to be deprived of sleep or interruptions to normal everyday life which is uncalled for. It's bad enough now with local road work disruptions going on till all hours in the evening and starting prior to 6am.




A

B


I think 12 hour working is enough already. Maybe if the Gold Coast's weather is like Middle-East, then I will agree this proposition but we don't have that weather. Also, people have to sleep well for next day's working. That is the very simple or easy way to be healthy :) thank you for reading my comment. Regards


- Noise affecting sleep, health and work performance

B

26 Member of Public Nexus Towers

I am firmly against any changes that permit delivery of building materials or allow building construction outside of existing permitted construction times.

Objection to building work and delivery of building materials out of

B


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SOUTHPORT Online 17/12/15 # 52370913

Such amendments to existing Local Laws have the potential to significantly impact upon the health of local residents affected by such changes due to ongoing noise.

hours due to: - Noise affecting health

27 Member of Public Nexus Towers SOUTHPORT Online 17712/15 # 52370913

I wish to register our dismay at the Gold Coast City Council proposal to allow 24 hour building Works on the coast. With the proposed building works about to commence in the CBD area of Southport this would have a disastrous effect on residents presently residing in high rise buildings in very close proximity to the building sites. We are as progressive as anyone and believe in the Council and fast tracking of building programs, including the proposed shipping terminal. But having a 40 level building construction 70 metres away operating 24 hours a day should be Illegal at any time. I wish for an absolute negative vote from the Council otherwise I would expect legal action to be a certainty



A


Re : allowing building and materials delivery outside the current allowable times of 6.30 am to 6.30pm I am an elderly resident of Nexus since 2010. My husband passed away recently and I have several health issues. It is very important for me to have limited noise during the night time to allow me and other elderly residents here to get adequate rest. I am sure this applies to most areas of the Gold Coast which has many elderly residents. I thus object to this proposal


- Noise affecting health and sleep

B


We live in Nexus Towers, a highrise complex in the Southport CBD. We absolutely oppose the proposed building and delivery to building sits in our area outside of the normal weekday daily hours. If we were to have building noise going on during the night and weekends... 24/7, it would make our life an absolute misery and take away our freedom and peace.....not to mention the value of our apartment. We understand that there will be future developments around us but cannot accept that the noise of construction could be 24/7



- noise bad for freedom and peace, property value

A

B

30 Member of Public Nexus Towers

I have no issue with building materials being delivered outside of hours as long as my quiet enjoyment isn't affected. I have an issue with building

No objection to delivery of building materials provided quiet enjoyment is

I


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SOUTHPORT Online 18/12/15 # 52370913

works outside of hours, I am a light sleeper and my apartment isn't soundproof, so building works outside of hours would definitely affect my quiet enjoyment of the Gold Coast, as well as my sleep. My husband is a [redacted] and does shift work, he struggles enough trying to sleep during the day if that's the shift he's on, so adding building work at night would be a nightmare.

not affected. Objection to building work out of hours due to:

- Noise affecting health and sleep

- Effect on shift workers

B


I am very concerned regarding the possibility of 24 hour construction and transport work in residential areas. Having put up with the 'social' and 'economic' inconvenience of the light rail, i think that any building or transportation of construction materials should be performed during daylight hours. This should be sufficient time. As we live next to an area the will be built upon, i don't want to return from a busy day at work and have the perpetual sound of building or transport related noises coming through our windows at all hours of the night. This can only have negative impacts on a personal physical, mental and emotional heath. We have selected the Gold Coast for its beauty and peaceful environment. Yes, we need to have progress, however, this does not need to occur 24/7. The current work times of about 7.00am to 4.00pm is more than sufficient. Regards,



- Noise affecting physical, mental and emotional health

- Experience with light rail construction

A

B

B


The thought of building construction able to operate 24/7 absolutely appals me. I like many others are shift workers, sleeping during the day is a problem for many. I would have thought that this is against human rights. Research has proven that people deprived of sleep, often leads to health problems. Having to be bombarded with continuous noise 24/7 is absolutely disgusting and immoral. If this law is past, many people will be visiting their doctors requesting prescriptions for sedation. Watch domestic violence rise due to people being sleep deprived and highly agitated due to continue noise.



- Noise affecting sleep and health and domestic violence

A

B

33 Member of Public CURRUMBIN Online 18/12/15 # 52370913

Building, building deliveries, building related activities should not be changed under any circumstances, the commonwealth games as a fourth rate sporting event on the world scale should dictate council policy and effect the residents for changes that will carry on after the VIPs and alleged dignitaries have bludged off the public purse with their noses in the trough as usual. Building companies should have to adapt to the rules that are in


- Commonwealth games should not be a driving force

G


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place now, not the other way around. Not expecting anything great in the way of decisions from the council that favour residents, our council do not see past the next rates payment so why would they care about 10 years in the future ?


Building and construction should only be in the current prescribed hours, anything outside these times would be even more of a disruption to residence when they are trying to relax and sleep. I currently live in a high rise which overlooks a proposed development site, if and when they decide to commence construction a 6:30 start would be bad enough let alone if the law change to allow 24hr work, it would make living here unbearable. Please protect the rights of residence, protect the value of their properties and their quality of life.



- Noise affecting sleep and health and property values

A

B


Building and construction should only be in the current prescribed hours, anything outside these times would be even more of a disruption to residence when they are trying to relax and sleep. I currently live in a high rise which overlooks a proposed development site, if and when they decide to commence construction a 6:30 start would be bad enough let alone if the law change to allow 24hr work, it would make living here unbearable. Please protect the rights of residence, protect the value of their properties and their quality of life.



- Noise affecting sleep and health and property values

A

B


I do not want this amendment to proceed as we are entitled to our sleep. Objection to building work and delivery of building materials out of hours due to:


B


No extended hours for construction Objection to building work Noted

38 Member of Public Nexus Towers SOUTHPORT




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Emailed 22/12/15 # 52387936

I’m writing to protest or vote against the proposed changes for building work and delivery of building materials outside prescribed times. The basis for this is

- The dust is excessive - Noise level - Excessive noise levels - Excessive light - Traffic congestion - Machinery noise - Lack of sleep

We have lived in Nexus Towers for 6 ½ years. We have had road works – tram works, bus works over the last 3 years.

This has taken a detrimental toll as I work early morning and have had disturbed sleep over the last few years and recently with the road work being done outside the Police and Courthouse as well has contributed to this.

If you allow thses proposed changes, this will also devalue my property as there is more construction being approved in Southport.

This will also add eztra stress to my health “I’m Extremely AGAINST THESE PROPOSED CHANGES FOR THE BUILDING WORK & DELIVERY OF BUILDING MATERIALS OUTSIDE PRESCRIBED TIMES!!!!”

- Noise - Dust - Light - Traffic congestion - Lack of sleep - Experience with light rail

construction noise

B C D E B B

39 Member of Public Nexus Towers SOUTHPORT Emailed 22/12/15 # 52387951


I am writing to protest against allowing building work and delivery of building materials outside of business hours. The reason why we do not want building work and deliveries outside of business hours is due to the excessive noise levels, bright lights and traffic congestion. We live in a neghbouring high rise and the construction that is currently taken place within business hours is effecting my lifestyle with the noise.


- Noise - Light - Traffic congestion - Experience with current

B D E B


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construction noise

40 Member of Public TALLAI Online 22/12/2015 # 52370913

I wish to record that the current Local Law in this matter should not change. The times that are currently available for this activity is in keeping with residents expectations on what is acceptable noise and activity for the "enhancement of their lifestyles". In my opinion, this change in law would create disharmony and friction in the community in light of the very recent endorsement of a new City Plan with the prospect of infill development all over the City. Please do not change this local law. (I wish to advise that I do not want my personal details viewable on any online external resource)


- Noise creates disharmony and friction

B

41 Member of Public SURFERS PARADISE Online 22/12/2015 # 52370913

24 hour building construction is outrageous & cannot be considered acceptable in any circumstances. It is an absolute insult to the community. I've lived in Singapore where construction goes on till all hours & it decreases the overall quality of life. We should be conserving not ripping down & rebuilding concrete jungles... Think wisely & ethically please.



- Decrease in quality of life

A

B

42 Member of Public GUANABA Online 22/12/2015 # 52370913

The following Local Law Amendments have been recently proposed to: include permitting provisions in the amended local laws that allow for building work and delivery of building materials outside the prescribed times (Environmental Protection Act 1994 section 440R(1)(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (b) on any other day, at any time; This would allow for 24 hour building, with 24 hour noise, and should not be permitted. I am strongly against this change.



- noise

A

B


My comments relate to the Council’s submission on the grounds of: The amendments that propose to: • include permitting provisions in the amended local laws that allow for building work and delivery of building materials outside the prescribed times (Environmental Protection Act 1994 section 440R(1)(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (b) on any other day, at any time; In particular the public interest test plan on the ground of: • The analysis of the likely effect of the restriction on competition and


- Economy will become less productive and less competitive over time

- Mental health issues, increased sickness and

F

B


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on the economy generally; that a community subjected to frequent or continuous noise at anti-social hours will become less productive and less competitive over time. And the matters to be taken into account in a review, including: • Social welfare and equity considerations, including community service obligations; on the grounds that a community subjected to frequent or continuous noise at anti-social hours will suffer increased mental health issues, increased sickness levels and a decrease in general well-being. • Government legislation and policies; on the grounds that public health and safety policies exist to protect the public health and welfare from well documented implications of the effects of noise on the individual at anti-social hours. Facts and circumstances relied on in support of the above grounds: Within the community engagement documents, the Council reminds the community of its objective to be “… responsible for protecting the public health and safety of city residents and visitors…”. The proposed changes do not protect public health, as they would allow residents to be subjected to noise at anti-social hours, and therefore are in contradiction of the terms of reference of the Council. My concern is regarding the health of residents if subjected to noisy building work or night deliveries – by permit or otherwise. It is well documented in medical studies that continuous noise increases stress and sleep deprivation decreases productivity. It would be a detriment to the health and safety of the community to subject residents, especially in high density areas, to any noise and deliveries at anti-social hours. Will Council be reviewing the relevant medical literature regarding noise and sleep deprivation and the effects on the wellbeing of residents? I would like the Council to consider the ramifications of building work or night deliveries (by permit or otherwise) in a high density area, already plagued by noise. In Southport we have noise for six days of the week, from refuse collection at 430am in the morning to trolley collection at 1030pm, when the legal sanctions that provide a few hours of relative peace that allows us to sleep will be broken by the shrill beeping of reversing trucks, unloading of heavy materials, shouting of workmen, materials thumping, electric drilling and hammering and flood lit tower blocks and building going up, literally outside our bedroom windows. The proposed law states that permits will only be granted to perform such work if the work will not have an “adverse effect on the surrounding

decreased general well-being

- Public health and safety policies exist to protect the public health and welfare from effects of noise

- Contradicts the local law objectives

- Continuous noise increases stress and sleep deprivation, decreasing productivity

- Inability to sleep - Loss of residents in the area

and loss of rental incomes and property values

B

B

B

B

B


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community.” My concern is that any kind of building work or building material deliveries during the evening hours, by default, cannot be quiet and by keeping residents awake will certainly have an “adverse effect on the surrounding community.” Building sites and deliveries are noisy, and above the permitted decibel range for evening hours. This is why the law required they cease during the night. Sleeping next to anything like this is nearly impossible. From a commercial perspective, it might transpire that residents are forced to move away from the area, causing a surplus of rental accommodation, leading to plummeting rents and property values. In turn the community would see a fall in wealth and businesses would close. If the Council’s objective is to provide investors with opportunity, it might find that the reverse transpires. We have seen this during the light rail construction in Southport already. This effect was also seen in Stratford following the London 2012 Olympics. There is a reason why the Local Public Health Safety and Amenity Law exists, and to change this in the name of commerce is to disregard decades of research in health and wellbeing, and would only serve to decimate the community, not protect it or provide any additional health or safety benefits. The long term commercial ramifications may take decades to rectify, if they are capable of re-gentrifying at all.


My comments relate to the Council’s submission on the grounds of: The amendments that propose to: • include permitting provisions in the amended local laws that allow for building work and delivery of building materials outside the prescribed times (Environmental Protection Act 1994 section 440R(1)(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or (b) on any other day, at any time; In particular the public interest test plan on the ground of: • The analysis that a community subjected to frequent or continuous noise at anti-social hours will become less productive and less competitive over time. Also the commercial impact on the community And the matters to be taken into account in a review, including: • Social welfare and equity considerations, including community


- Economy will become less productive and less competitive over time

- Mental health issues, increased sickness and decreased general well-being

- Public health and safety policies exist to protect the public health and welfare from effects of noise

- Contradicts the local law

F

B

B

B


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service obligations; on the grounds that a community subjected to frequent or continuous noise at anti-social hours will have increasing incidence of physical health and mental health and wellbeing issues impacting on family, capacity to work and increasing requirement to access and use health services and take absence from work. • Government legislation and policies; on the grounds that public health and safety policies exist to protect the public health and welfare from well documented implications of the effects of noise on the individual at anti-social hours. Facts and circumstances relied on in support of the above grounds: The Council notes an objective is to be “… responsible for protecting the public health and safety of city residents and visitors…”. The proposed changes do not protect public health, as they would allow residents to be subjected to noise at anti-social hours, and therefore are in contradiction of the terms of reference of the Council. My concern is the emotional, physical and social impact of subjecting a community to noise through the night and during after work hours. This is a period of rest and recuperation and an opportunity for family and community to come together and relax. It is well documented the impact of sleep deprivation on the individual. Will the council be reviewing the literature and research around this before undertaking this action? The proposed law states that permits will only be granted if the work will not have have an “adverse effect on the surrounding community.” Does this mean the council will not approve any building work undertaken in high residential areas such as Southport? How will the council assess and measure the adverse effect on the community before approving any permit? Surely any building work undertaken during anti-social hours will have an adverse effect on any residential community. Will the council provide information around why they have decided that Noise Pollution Law and Local Public Health Safety and Amenity Law exists in the first case? How is it possible a council can decide to undermine decades of council work to promote and ensure the wellbeing of the community in this way? What happens after the commonwealth games are over? The community could suffer due to this amendment for many

objectives - Continuous noise increases

stress and sleep deprivation, decreasing productivity

- Inability to sleep - Loss of residents in the area

and loss of rental incomes and property values

B

B

B


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years to come.


I am opposed to the proposed changes to allow for building work and delivery of building materials outside the current prescribed times.

The grounds for this submission is that the current NOISE restrictions allow us to live in Southport in a residential complex without being disturbed by NOISE from building projects. The proposed building of several residential towers in the area where we live would be very, very disruptive to enjoyment of every day living in such a beautiful area. It would possibly lower the value of our current apartment. There should be a lot more community consultation including possible guidelines for such approvals to go ahead.


- Noise affecting enjoyment - Possibly lowered property

values

B

46 132 - petition type submissions from members of the public – received at Customer Services Centre – Surfers 18/12/15 Refer Attachment 1 Residents/Owners of Harbourside Residential Resort 11 Treasure Island Dr BIGGERA WATERS QLD 4216

Note: same wording from all petitioners

Note: extra notations below “handwritten” on some of the standard worded petitions:

# 52369802 Has the world gone mad? This out of control GCCC doesn’t have any conscious especially for elderly residents living next door to an approved high rise development. It’s an absolute insult to aged pensioners,



- Noise affecting sleep, relaxation, interrupting conversation and social life

- Dust causing breathing difficulties

Additional objections to the petition wording include:

- Resident has a lung disorder concerned for their condition due to dust

- Blind green light to developers

- Greedy developers

A

B

C

C

A G


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retirees, people with disabilities etc. To have to put up with 24/7 noise and dust pollution. I personally suffer from a severe lung disorder, and if this proposal was to go ahead it would only make things worse for my condition! Get on with a normal life Council and let us get on with ours at a minimum disruption.

#52369774 It appears that the Council quite blindly gives the green light to developers and construction companies to increase working hours, regardless of the long lasting effects on nearby residents. Obviously they, (the Council & who may be concerned) are living in a peaceful area. Bring on the next election!

#52369739 To whom it may Concern.I have never heard of such a proposal in all of my 92 years of life. As uisual with this sort of lunacy, money is the root. To hell with ordinary people as long as the developments go ahead so that these greedy people, (whever they are) can make losts of money etc. NEVER, NEVER, NEVER would I agree to this proposal. I am sure our Mayor is in favour of this proposal he is also a greedy person.

#52370161 I object regarding extra hours of dust and noise next door to our Over 50’s Village at Harbour Side.

#52370159 Definitely a strong objection to changing Local Law No. 8. That’s the last thing we need here at the side of the over 50s complex. Roll on the Council elections maybe we can get rid of some of the G C Council members. We reject the proposal completely.

#52370331


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#52370330


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Table 2: Consideration of Public Submissions

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Consideration of Submission Points received from public consultation

A 1, 4,6, 7, 8, 9, 13, 14, 15, 16, 17, 23, 24, 27, 29, 31, 32, 34, 35, 46

Objection - Proposed 24 hour 7

day blanket approval or permit

The proposed amendments are not a blanket approval for construction and delivery of building materials to be carried out 24 hours per day seven (7) days per week. An application is required to be lodged and assessed and the applicant must prove that it is impracticable for the work to be carried out within prescribed times in order to be considered for a building work noise or building delivery noise permit. An occasional 24 hr permit may be issued for a few days under exceptional circumstances. Under previous local laws only two (2) 24 hours x three (3) days permits were granted in the last eight (8) years – both only allowed quite work (cabinet installation/tiling {no cutting}, painting/electrical and plumbing work) at night time.

As an example, typical construction for a high-rise may require a large podium slab which necessitates an early start for the concrete pour and a late finish to properly finish the concrete surface i.e. 5.30 am – 9.00 pm, whereas any work on buildings on the light rail track will be required


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to be completed between 12.00pm (last tram) and 5.00 am (first tram).

B 1, 2, 3, 4,6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46

Objection due to noise effecting

- health - general wellbeing - sleep - property values - work performance - tourism - creates disharmony

and friction - family and community

relationships Shift workers already affected by 6:30am start Experience with light rail construction noise

Several of the submitters have experienced issues with ongoing noise due to the light rail construction and 26 residents of Nexus Towers have expressed concerns due to the potential for ongoing noise associated with these amendments due to three (3) proposed developments near their residential building.Excessive noise has been shown to effect health, general wellbeing and sleep. The concerns about the effect of noise outside the prescribed times raised by 41 individual submissions and 132 petitioners is supported by scientific research.

In the past after-hours permits (less than 24 hours) have typically been granted for moving over-width machinery to site (which must be done under Queensland Police/DTMR supervision), setting up large cranes and equipment, large concrete pours (e.g. exceeding 500m2), lifting air-conditioning equipment or roofing materials into place whilst roads can be closed (e.g. large cranes that must sit on Major roads or high traffic roads such as Gold Coast Highway, Orchid Ave etc.) where the work if during normal hours would create extreme traffic congestion/chaos.

Noise impacts are a key criterion to be considered prior to issuing a permit for after-hours building delivery or work. Applicants must prove that it is impracticable for the work to be carried out within prescribed times to be considered for a permit and may be required to submit an acoustic report prior to the application being decided. . It is envisaged that the issuing of a permit to allow 24 hours building work would be quite rare and subject to stringent conditions.

C 38, 46 Objection - Dust causing lung

issues

The amendments to the Local Law will not negate the requirement of the Developer/Builder to comply with other parts of the Environmental Protection Act 1994 such as dust suppression, additionally the amended Local Law will allow City of Gold Coast to set conditions such as dust suppression where appropriate, so as to reduce the disturbance to the surrounding community. The additional conditions would actually place tighter controls on the developer e.g. breaching the condition could result in the permit being revoked.

D 10, 38, 39 Objection - Light issues

Excessive light can cause sleep disruption. Conditions to be placed on building work noise or building delivery noise permits can include a requirement for shielding to mitigate light spillage. Applicants must prove that it is impracticable for the work to be carried out within prescribed times to be considered for a permit and must demonstrate how they will limit the effect of light on nearby residents.

E 38, 39 Objection Traffic congestion is unlikely to be a problem after peak hour however in small streets it could be an


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- Traffic congestion issue during or out of prescribed times when large trucks delivery equipment and material. Separate approval is required for temporary street closure and affected neighbours need to be notified.

F 43, 44 Objection - OH&S issues - Workers abandoning

TQM protocols - Economy will become

less productive and less competitive over time

These issues appear to be linked with the perception of 24/7 operation being the norm which is not in keeping with the objects of the local law. Issues affecting workplace safety are managed by the State Government who did not object to the proposed laws or raise concerns with this issue.

Economic downturn is unlikely as it is not proposed that 24/7 operations shall be the norm..

G 33, 46 Objection - Commonwealth

games should not be a driving force

- Greedy developers

Whilst the proposed amendments will support development for some of the Commonwealth games construction, it is not a driving factor. Building work noise permits were issued under a previous local law to assist with difficult situations such as concrete pour that takes additional hours or the delivery of materials or equipment that can only be transported at certain times and days due to the size of the load under State Transport Operations and Infrastructure legislation.

H 5, 6 Support for assessment on a case by case basis

The proposed amendments provide Council with the ability to consider an application for work outside prescribed hours and are assessed on a case by case basis. Applicants must prove that it is impracticable for the work to be carried out within prescribed times to be considered for a permit.

Table 3: Recommendations as a result of public consultation

Con

side

ratio

n #s

Subm

issi

on

#s

Recommend change Yes/No

Recommendation


160

Agenda Attachment 5

Con

side

ratio

n #s

Subm

issi

on

#s


Recommendation

No It is not proposed that the approval of 24/7 operations shall be the norm. Rather 24/7 approvals are expected to be very rare and subject to stringent conditions designed to mitigate off-site impacts. Approvals shall be on a case by case basis. It is envisaged that typically an approval may allow for an extra hour or two if exceptional circumstances can be demonstrated.


161

Agenda Attachment 5

Attachment 1 – 132 Petition type submissions – see Submission No. xxxx Records Section have registered 132 submissions into iSPOT and they all appear to be from the Harbourside Residential Resort. They are registered into the following files as follows: LG222/365/18(P5) 25 submissions (see below) LG222/365/18(P6) 50 submissions (full file) LG222/365/18(P7) 50 submissions (full file) LG222/365/18(P8) 7 submissions (see below)

Community Consultation Submissions received extract from document:# 51977655


162

Agenda Attachment 5

ANNEXURE C PIT REPORT - TABLE OF RESPONSES TO STATE INTEREST CHECK

Council of the City of Gold Coast - Form for State Agency – Comments/Interest Check Responses

Name of responding agency Date of emailed Agency Response “NO COMMENT”OR INTEREST IN THE LOCAL LAW

Title of Local Law: - Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015 Letter sent to State Agencies dated Wednesday 21 October 2015 with a “Response” Deadline – Friday 20 November 2015 File # LG222/365/18

TOTAL number of 3 submissions received with comments = 7 and 8 submissions received with “No comments” Department of Housing and Public Works Director – Property Law | Legal Services Corporate Services | Department of Housing and Public Works GPO Box 2457 | Brisbane Q 4001 Emailed 20/11/15 & attachment ref is Part A State Interest - B3 (a) Ispot #52141081

Local law section

Comment Type (refer Attachment A)

Agency Issue Agency - Suggested action to rectify issue

Council’s proposed response/actions to agency comments

The agency attachment is in relation to the Planning Scheme & the agency in its email dated 20/11/15 referred Council to Part A reference B3(a) - Subject Heading – State Interest: Building Act 1975 – it states Planning Scheme Reference: P. 60 of PDF Schedule 2 – Dictionary Definition: building work

Action: Note Reason: It’s worthwhile being aware that the definition of Building work provided in the Environmental Protection Act 1994 includes the installation or removal of scaffolding. This is not a component of the definition for building work in the Building Act 1975.

Definition for building work pursuant to the Environmental Protection Act 1994 (EP Act) is appropriate given the permit system is to override Section 440Q of the EP Act.


163

Agenda Attachment 5

Department of National Parks, Sport and Racing (NPSR) Ministerial and Director-General’s Correspondence Unit PO Box 15187 | City East Qld 4002 Reply from: Conservation Officer, Queensland Parks and Wildlife Service (QPWS), Dept of National Parks, Sport & Racing (NPSR) Email 20/11/15 their Ref: CTS25225/15 iSpot #52150780 (Note Only IMU profiled it twice #52169273)

Local law section




8 – Replacement of section 7 (Exclusion from liability)

2 QPWS officers are required to frequently conduct activities on QPWS managed areas that may be classified as a ‘nuisance’, such as periodic burning (for weed control and fire hazard reduction). As there activities are necessary for park management, there should be no risk that these authorised officers conducting these activities are considered to be ‘causing a nuisance’.

7(a) – The list of legislation under which activities are exempt from being a nuisance should include direct reference to the Nature Conservation Act 1992 and Forestry Act 1959.

Updates included in amending and consolidated laws

Department of Infrastructure, Local Government and Planning Principal Advisor, South East Team Southern Region Department of Infrastructure, Local Government and Planning Emailed Letter 231115 their Ref: DGC15/1430 Ispot#52162440 (Note Only IMU profiled letter twice # 5216232) `

Local law section




5 5 In new section 2(b) being inserted “permitted” should read “permit”.

For the Council’s consideration. Updates included in amending and consolidated laws

7 3 Existing section 6 may breach fundamental legislative principles related to defining administrative power and reviewing its use (section 64 of the Guidelines for drafting local law (the Guidelines)); ensuring clarity, precision and no ambiguity (section 74 of the Guidelines); and inappropriate imposition of responsibility (section 76 of the

It is recommended the Council seeks legal advice to confirm that the existing section 6, in the absence of a compliance notice process to precede an offence, complies with fundamental legislative principles.

Under the Local Government Act 2009, Council is obliged to consult with relevant government entities about the content of Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2006, not Local Law No. 8 (Public Health, Safety and Amenity) 2008 (which has been the subject of previous consultation with relevant government entities).


164

Agenda Attachment 5

Guidelines). In the absence of any compliance notice process to precede a nuisance (as defined) being deemed an offence, a number of the provisions of existing section 6 may not be sufficiently defined for a member of the public to determine whether an offence has been caused (e.g. paragraphs (b), (j) and (u) call on an authorised person’s opinion without any indication of what matters the authorised person might consider in reaching the opinion), or if the action is outside a person’s control (e.g. in paragraph (a), damage caused by a storm would automatically be an offence).

At a practical level, a contravention of section 6 will trigger the giving of a compliance notice under Local Law No. 3 (Administration) 2008 requiring the remedy of a nuisance rather than a prosecution for the commission of an offence under section 6. Under Local Law No. 3 (Administration) 2008, section 16, it is a defence to any breach or non-compliance of any provision contained in a local law if a person has a lawful excuse or defence. In a number of instances within section 6, a nuisance is only deemed to exist if, in an authorised person’s opinion, specified circumstances are likely to come to pass. The use of this mechanism does not breach the fundamental legislative principles because the circumstances about which the authorised person must be satisfied are stated in the provision so as to ensure clarity, precision and no ambiguity.

8 5 In proposed new section 7, it would appear “or” should be included at the end of paragraph (a)(xiv).


12 5 New Part 6, includes a Division 1 title, however, does not include any other Divisions.


14(1) 5 It would appear the wording being omitted should read “the Schedule (Dictionary)”.

For the Council’s consideration. Not necessary as the essence of the change is to change the number of the schedule from no number (in essence 1) to 2.


165

Agenda Attachment 5

LIST OF “NO COMMENT” RESPONSES RECEIVED FROM OTHER STATE AGENCIES Number of “No comment” received = 8 Title of Local Law:- Public Health, Safety and Amenity(Amendment) Local Law (No. 1) 2015 File Ref: LG222/365/18 Name of responding agency Date of emailed Agency Response “NO COMMENT”OR INTEREST IN THE LOCAL

LAW Department of Energy and Water Supply Correspondence Officer Correspondence Team Ministerial and Executive Services Level 13, 41 George Street, Brisbane Qld 4000 PO Box 15456, City East Qld 4002

Email 26/10/15 iSpot # 51935240

The Department of Energy and Water Supply does not have an interest in the Council of the City of Gold Coast - proposed Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2015.

Department of Natural Resources and Mines Senior Policy Officer, SLAM Operations Support

Email 3/11/15 iSpot # 52012642

Department of Natural Resources and Mines has no concerns with the proposed amendments as it has no impact on the Land Act

Department of Transport and Main Roads Support Officer | Legislation Services Corporate Division | Governance Branch GPO Box 1549 | Brisbane Qld 4001

Email 5/11/15 iSpot # 52019694

The Department of Transport and Main Roads has no comment on the proposed amendments.

Department of Tourism, Major Events, Small Business and the Commonwealth Games Project Manager (Planning), Tourism Division

Email 12/11/15 iSpot # 52077742

The Department of Tourism, Major Events, Small Business and the Commonwealth Games does not have any comments at this time.

Gold Coast Waterways Authority Acting Executive Support Officer PO Box 107 | Southport Qld 4215

Email 16/11/15 iSpot #

GCWA have no comment to provide.

Public Safety Business Agency Principal Strategy Officer PUBLIC SAFETY BUSINESS AGENCY Level 7 Police HQ | GPO Box 1440 | Brisbane | Qld | 4001

Email 18/11/15 iSpot #52125460

Agencies in the Public Safety Portfolio (including Qld Police, Qld Fire & Emergency Services and the Public Safety Business Agency) have reviewed the proposed local law and have no comments to make.


166

Agenda Attachment 5


Department of Agriculture and Fisheries Regions and Industry Development (South East & Wide Bay Burnett) Department of Agriculture and Fisheries PO Box 5083 SCMC, Nambour Qld 4560

Email 20/11/15 iSpot #52154810

The Department is satisfied that the proposal will not impact any of the Departments State Interests or other Departmental interests.

Department of Education and Training Director General Contact Director, Real Estate, Environment, Emergency, Security and Housing Management

Email received 27/11/15 (letter dated12/11/15 their ref: 15/426711) iSpot #52190745

I note the proposed local law changes are in relation to the introduction of a permit system to allow for noise associated with building work, in particular nuisance noise outside normal business hours to be managed by Council. As the potential impact on Department of Education and Training operations would be considered minimal and still negotiable with Council, the Department has no further comment to make in relation to this change in local law.

ATTACHMENT A

“COMMENT TYPES – COLUMN” ON THE STATE AGENCY COMMENTS/INTEREST CHECK RESPONSES FORM Issues of interest for consideration by each relevant government entity may include, but are not limited to: a comment type 1 – whether there is any inconsistency between the proposed local law and State legislation; b comment type 2 – whether the proposed local law may impact adversely on State policies, strategies or programs; c comment type 3 – whether the proposed local law meets appropriate standards (e.g. appropriate format; fundamental legislative principles); d comment type 4 – whether the use of language and citations is correct and appropriate. e comment type 5 – general comments.

State Interest Check comments extract from document: #518744854 PIT Report #52301574


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Agenda Attachment 5



List of Possible Anti-Competitive Provisions


object/purpose of local law









(d) prescribe a noise

Section 12 (Insertion of new Part 5 (Prescribed noise standard))



The proposed amendment will prescribe a noise standard for building work for the purposes of section 440R of the Environmental Protection Act 1994 (EP Act). The proposed standard is based on the current standard in the EP Act but allows a person to apply for a permit to carry out building work outside the prescribed times.

The proposed amendment will require a business to obtain a permit to carry out building work outside the prescribed times and give a benefit to those permit holders not enjoyed by other businesses.

Section 13 (Insertion of new Part 6 (Regulated activities))

Section 16 (Insertion of new Schedule 1 (Regulated activities))

Section 17(Amendment of Schedule 2 (Dictionary))



The proposed amendments will create a permitting system for carrying out building work and building site deliveries outside the prescribed times.

The proposed amendments are part of a proposed regulatory system which may create a barrier to entering the market because they place restrictions on the


168

Agenda Attachment 6

2

Name of Local Law Brief description of object/purpose of local

law




standard for building work under the Environmental Protection Act 1994; and


conduct of business involved in building work and building site deliveries outside the prescribed times.

The proposed amendments are also part of the proposed regulatory system that will give a benefit to a permit holders not enjoyed by other businesses which may be considered a restriction on competition.





Section 8 (Insertion of new Part 5 (Permits))



The proposed amendments will insert requirements for the application, assessment and approval of regulated activities under LL8.

The proposed amendments are part of a proposed regulatory system which may create a barrier to entering the market because they place restrictions on the conduct of business involved in building work and building site deliveries.

The proposed amendments are also part of the proposed regulatory system that will give a benefit to permit holders not enjoyed by other businesses which may be considered a restriction on competition.

#50952475


169

Agenda Attachment 6

AMENDMENTS TO PROPOSED LOCAL LAWS Consultation with the State Government (Council Report Attachment 5 Annexure C) resulted in the need for administrative amendments to ensure clarity and consistency within the proposed laws. The amendments do not change the overall effect of any of the relevant provisions. Consideration of the public consultation (Council Report Attachment 5 Annexure B) has not resulted in amendments to the proposed laws. The following amendments have been made in Council Report Attachments 1 and 2 and reflected in the consolidated versions (Council Report Attachments 3 and 4):

• Change title of Public Health, Safety and Amenity (Amendment) Local Law (No.1) 2015 to Public Health, Safety and Amenity (Amendment) Local Law (No.1) 2016

• Change title of Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2015 to Public Health, Safety and Amenity (Amendment) Subordinate Local Law (No. 1) 2016

• Public Health, Safety and Amenity (Amendment) Local Law (No. 1) 2016 o Section 5 Replacement of Section 2 (Object), subsection (1) new 2(b),

‘permitting’ omit, insert- ‘permit’

o Section 8 Replacement of Section 7 (Exclusion from liability), subsection (1), new 7(a)(xiv), ‘.’ omit, insert- ‘; or’

o Section 8 Replacement of Section 7 (Exclusion from liability), subsection (1), new 7(a), ‘(xiv)’ renumber- ‘(xvi)’

o Section 8 Replacement of Section 7 (Exclusion from liability), subsection (1), after new subsection 7(a)(xiii) insert— ‘(xiv) the Nature Conservation Act 1992; or (xv) the Forestry Act 1959; or’

o Section 12 Insertion of new Part 6 (Regulated activities), subsection (1), ‘Division 1 Permits’ omit,

#53103905


170

Agenda Attachment 7


171

Agenda Attachment 8


ITEM 8 HEALTH REGULATORY AND LIFEGUARD SERVICES MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Attachment 1: Bathing Reserves (Amendment) Local Law (No. 1) 2016 Attachment 2: Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 Attachment 3: Local Law No. 10 (Bathing Reserves) 2004 – Consolidated version Attachment 4: Subordinate Local Law No. 10 (Bathing Reserves) 2005 – Consolidated

version Attachment 5: Public interest test report Annexure A: Public interest test plan

- Attachment A: Anti-competitive provisions Annexure B: Public submissions

- Table 1 Public submissions received - Table 2 Consideration of public submissions - Table 3 Recommendations as a result of public

submissions - Attachment 1: Surf Life Saving Queensland

submission (Item 23 of Table 1) Annexure C: Table of responses to State interest check submissions Attachment 6: List of anti-competitive provisions Attachment 7: Amendments to proposed local and subordinate laws Attachment 8: Copy of advertisement Gold Coast Bulletin Saturday 14 November 2015 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY The purpose of this report is for Council to resolve to implement the recommendations of a public interest test report about the proposed Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 (proposed local laws); and complete the local law making process by resolving to make the proposed local laws with amendments. Council’s Environmental Health and City Law Services (EHCLS) staff have been progressing the making of the laws in accordance with Council’s adopted process. The process has included consultation with the State Government (the State) and the community, and undertaking public interest testing (PIT) of the laws including any possible anti-competitive provisions. A brief of the consultation and PIT results are contained in section 5. The State has recommended some minor administrative amendments and the removal of Council’s ability to exclude a bathing reserve via a resolution (see section 5.2). The amendments, as contained within Attachment 7, are recommended (see section 5.5). Many members of the community, including Surf Life Saving Queensland (SLSQ), Keep Australia Beautiful (KAB), Surfers Paradise Alliance (SPA) and one commercial fixed food business, have objected to delivery of food to Gold Coast beaches (see section 5.3). The concerns raised reflect those of the ‘2014 Commercial Activities on Ocean Beaches’ public consultation (2014 consultation). No submissions of support for delivery of food on beaches as advertised were received. One submission of support and one objection was received regarding delivery of hired beach equipment. Given the strength of the community consultation objections and the inability to resolve the submission issues, it is recommended that delivery of food to beaches (per Attachment 7) be removed from the proposed local laws (see section 5.5).


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Objections included issues around: litter; scavenging birds and animals; amenity; litter clean-up costs; maintaining current level of commercialisation; commercial impact on fixed-location/established businesses; illegal activities; and SLSQ impacts. Accordingly, recommended amendments have been made to the amending laws in Attachments 1 and 2 and reflected in the consolidated laws (Attachments 3 and 4). In accordance with Council’s law making process, Council may now resolve to make the proposed local laws with minor amendments and proceed to inform the public and the Minister. Under section 29 (5) of the Local Government Act 2009 (LG Act), Council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992. The proposed local laws comply with this requirement. Section 32 of the LG Act provides that Council may prepare and adopt a consolidated version of a local law. Attachments 3 and 4 to this report are consolidated versions of each of the local law and the subordinate local laws which are to be adopted. The draft laws give effect to Council’s June 2014 resolution to implement the Commercial Activities on Ocean Beaches Management Plan with respect to the necessary amendments required in the local laws. The laws provide limited commercial activity whilst maintaining the communities desire to have clean, natural and peaceful beaches. 3 PURPOSE OF REPORT The purpose of this report is for Council to resolve to implement the recommendations of a public interest test report about the proposed laws; and complete the local law making process by resolving to make the proposed local laws with amendments.

4 PREVIOUS RESOLUTIONS Ex Minute G15.1102.010

That Committee Recommendation CC15.1022.005 be adopted as printed which reads as follows:-

1. That Council resolve to propose to make Bathing Reserves (Amendment) Local Law (No. 1) 2015 (‘proposed Local Law’) as per Attachment ‘A’.

2. That Council resolve to propose to make Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 (‘proposed Subordinate Local Law’) as per Attachment ‘B’

3. That Council comply with the Local Law Making Process resolved by Council pursuant to Section 29 of the Local Government Act 2009 (‘the Act’), being Resolution No. G13.0212.015.

4. That the CEO be directed to do all things necessary to give effect to Items 1 – 3 of this Resolution.

5. That Council resolve to— a. consult with relevant government entities about the overall State interest in Bathing

Reserves (Amendment) Local Law (No. 1) 2015 before proceeding with the making of the local law; and

b. to the extent considered necessary, consider and respond to the consultation with the relevant government entities about the overall State interest.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 6. That pursuant to Section 257 of the Act, Council delegate to the Chief Executive Officer of

Council its powers under Section 38 of the Act and Section 16 of the Local Government Regulation 2012 to decide

a. how the public interest test for the proposed local law and the proposed subordinate local law is to be conducted; and

b. the matters with which the public interest test report in relation to the local laws must deal; and

c. the consultation process for the public interest test and how the process is to be used in the public interest test.

7. That Council consult with the public about the proposed local law and the proposed subordinate local law for at least twenty-one (21) days (‘the consultation period’) by:

a. publishing a notice (‘a consultation notice’) about proposed local law and the proposed subordinate local law at least once in a newspaper circulating generally in Council’s local government area; and

b. displaying the consultation notice in a conspicuous place in Council’s public office from the first day of the consultation period to the last day of the consultation period and electronically in Council’s web page; and

c. making a copy of the proposed local law and the proposed subordinate local law available for inspection at Council’s public office during the consultation period; and

d. making copies of the proposed local law and the proposed subordinate local law available for purchase at Council’s public office during the consultation period.

8. That Council resolve to accept and consider every submission properly made to Council about the proposed local law and proposed subordinate local law.

Ex Minute G14.0627.013 1. That Council note the results of the Commercial Activities on Ocean Beaches Community

Engagement, as summarised in this report. 2. That Council approves the attached Commercial Activities on Ocean Beaches

Management Plan for implementation. 5 DISCUSSION 5.1 Introduction Council resolved to propose to make Bathing Reserves (Amendment) Local Law (No. 1) 2015 which is now referred to as Bathing Reserves (Amendment) Local Law (No. 1) 2016 per Attachment 1 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 which is now referred to as Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 per Attachment 2 at its meeting of 02 November 2015. This change was made to reflect the year in which the law will be made. Council’s EHCLS staff have been progressing the making of the laws in accordance with Council’s adopted process. The process has included consultation with the State and the community, and undertaking PIT of the laws including any possible anti-competitive provisions. Consultation and PIT results are contained in the sections below.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 5.2 Results of Consultation with the relevant State entities The proposed local law has been reviewed by the relevant State agencies as part of the State-interest check process required under the LG Act. The State’s comments have been reviewed and addressed in Annexure C of Attachment 5. Comments received from the State did not warrant or constitute an impediment to Council proceeding to make the proposed local law, however amendments are recommended. The State advised of a requirement to amend the name of several Acts and State Department references and to remove the ability for Council to make a resolution for excluded bathing reserves. The local law amendments presented to the State provided that Council could make this decision via either a subordinate local law or a Council resolution. The local law amendments propose to allow Council to exclude a bathing reserve or section of a bathing reserve from all or particular types of regulated activities. For example, Council may decide that rock concert events on a particular section of bathing reserve will no longer be allowed, or will only be allowed during summer months until 10 pm on a Saturday night. To ensure that all pertinent legal requirements remain within law and to reduce duplication of process, the State has objected to the use of a Council resolution for this purpose. In response to these objections we have amended the proposed local law to remove Council’s ability to change the activities allowed in a bathing reserve by a resolution but instead now only allow such a change to occur through amendment to the subordinate local law. The excluding of bathing reserves or part there-of legislatively should be contained within a subordinate local law. It is recommended that the amendments from the State be undertaken (refer section 5.5). 5.3 Results of Consultation with the Community Community consultation about the proposed local law and the proposed subordinate local law was undertaken in accordance with the requirements of the LG Act and the law making process previously adopted by Council. Comments have been reviewed and addressed in Annexure B of Attachment 5. Comments received from the community do not warrant or constitute an impediment to Council proceeding to make the proposed local law, however amendments are recommended. Consultation process Public consultation included the placing of an advertisement in the Gold Coast Bulletin on Saturday 14 November 2015 (copy per Attachment 8). The notice advised the purpose and general effect of the proposed local laws and invited the public to make submissions. Submissions As part of the local law making process, Council must accept and consider every properly made submission. A summary of the consultation participation is contained in the table below. A complete list of submissions is contained within Attachment 5 (Annexure B, Table 1).


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Summary of Consultation Participation Summary of Information Results Number of Submissions Received

27 individual submissions from

• 21 members of the public (MoP) objecting to food delivery; • three (3) commercial operators (CO’s) including: a fixed food business operator objecting to mobile or

temporary food businesses delivering food (per Attachment 5 Annexure B Table 1 Submission #17)

a surf school in support and requesting to apply for hire of beach equipment (per Attachment 5 Annexure B Table 1 Submission #22)

a business designing and building food trailers providing an alternative to the local law amendments (per Attachment 5 Annexure B Table 1 Submission #24); and

• three (3) non-government organisations (NGOs) including: Keep Australia Beautiful – Queensland Division (KAB)

objecting to food delivery (per Attachment 5 Annexure B Table 1 Submission #18)

Surf Life Saving Queensland (SLSQ) objecting to food and beach equipment delivery however supporting changes related to patrol members (per Attachment 5 Annexure B Table 1 Submission #23)

Surfers Paradise Alliance (SPA) objecting to food delivery (per Attachment 5 Annexure B Table 1 Submission #25).

Participation rate by the public on the “gchaveyoursay” site

• 209 page visits

• 57 actions (document download and submission).

Type of submission receipt

• 21 online

• six (6) via email

• ( one (1) online visitor raised several questions which were responded to however did not make a submission.

Support or Objection to proposal

• 24 individual submissions objected to food delivery on the beach (with 23 points of objection)

• no submissions were received that supported the delivery of food to the beach

• one (1) objected to beach hire equipment (SLSQ)

• one (1) supported hired beach equipment (CO)

• four (4) provided alternative suggestions

• one (1) from the SLSQ supports changes relating to patrol club member responsibilities

A brief overview of submission concerns and resultant consideration of such concerns is outlined below. A complete list of considerations to each submission is contained within Attachment 5 (Annexure B, Table 2).


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Hired beach equipment delivery to the beach Submissions regarding hired beach equipment delivery The draft laws previously presented to Council provide an avenue for beach equipment hire businesses to deliver and set-up pre-hired beach equipment to customers on the beach. One objection and one supportive submission to this proposal were received as outlined below: The SLSQ objected to this proposal due to potential for illegal parking; effect on

established operators; patrol members being approached as a public address system or to police transactions; and ‘opening of the door’ to further commercialisation.

One commercial operator, a current surf school permit holder, supported the proposal and requested to make application.

It should be noted that some SLSQ clubs trialled the hire of beach equipment directly from the beach which were deemed unsuccessful. On occasion, nearby accommodation premises have requested permission to deliver, set-up and remove beach equipment for their guests. Allowing delivery of hired beach equipment may assist accommodation premises to provide this service for guests, particularly those who are physically unable to carry and setup this type of equipment themselves. It is therefore recommended that hired beach equipment delivery to the beach be retained as a permitted business in the proposed local law amendments. Excluded beaches Submissions were not received from the community regarding the local law amendments proposing to allow Council to exclude a bathing reserve or section of a bathing reserve from all or particular types of regulated activities. Food delivery to the beach Submissions objecting to food delivery The draft laws previously presented to Council provide an avenue for food businesses to deliver pre-purchased food in non-returnable packaging to customers on the beach. Of the submissions objecting to food delivery on the beach, 9 main points of concern (out of a total of 23) are outlined below: Increased litter from an amenity and environment protection perspective. Significant

objections were raised in relation to this matter with 21 out of the 27 MoP including this in their submission and a substantial submission by KAB.

Increase in scavenging animals such as birds, rodents and dogs due to food and litter left on the beach and creating safety concerns.

Visual and general amenity of the beach and the need to protect the pristine and peaceful nature of our beaches from litter, possible bin placement and commercialisation.

Increased cost of maintenance and litter control of the ocean beaches due to potential increased litter.

Keeping commercialisation off the beaches as it is annoying, ‘opens the door’ for further commercialisation, poses future potential for closing sections of beach to general public and a need to keep the beaches family friendly.

Impact on fixed-location businesses with specific concerns raised by SPA and one fixed-location business.

Increase need for regulation of activities such as illegal parking and touting Impact on SLSQ club fund raising, education activities and patrol duties affecting

safety. Consideration of submission objections to food delivery In response to the above points of objection, the following considerations are relevant:


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Litter Substantial concerns regarding litter and its effect on the environment including marine life were raised by both the public and KAB. These concerns reflected the 2014 public consultation regarding commercial activities on ocean beaches and merits serious consideration. The Queensland Division of KAB submitted substantial comments in relation to this matter. They express concern that introducing food delivery to beaches is counterproductive to their “Litter on land, Kills at sea” campaign and points out that Queensland is the worst littered main-land State in Australia. Litter is likely to be left by customers and end up in the ocean where it can harm marine and bird life. Blown litter (e.g. pizza box) may cause injury potentially adding pressure to Council Lifeguards and SLSQ patrol members for first aid and litter control services. Suggestions made by submitters of making the delivery business responsible for their customer’s litter is largely unachievable. Placing bins on the beach would be difficult as they need to be above the high water mark and able to withstand storm surge. Bins are already placed in most foreshore parks and do not currently prevent litter being left on the beach. Consideration was given to requiring businesses to use packaging that was safe for the environment however there is no such packaging that meets all the requirements as well as limiting the effect on visual amenity and reducing scavenging by birds and animals. Scavenging birds and animals An increase in litter and availability of food and food scraps is likely to encourage scavenging birds (e.g. seagulls and ibis), dogs and vermin. The SLSQ raised concerns that the increase in scavengers could potentially discourage people from staying near the flagged areas, thus placing them in unsafe areas. There is also potential for increased risk of injury from birds swooping. Visual amenity Objections regarding visual amenity reflect the 2014 public consultation concerns with “keeping the natural beauty and uniqueness” of ocean beaches (>200 mentions). Visual amenity impacts from litter, bins and potentially increased numbers of scavengers could affect tourism. Litter clean-up costs Consideration was given to additional beach cleaning and maintenance of the beach area to offset additional litter and food waste and to the concerns raised by submitters about these costs increasing. Current expenditure of $700,000 per annum will increase if additional cleaning frequency is required. Operating the litter tractor on the beach for additional daytime cleaning may not be practical or safe, in which case litter pickup would need to be conducted by hand, substantially increasing costs. Maintaining current level of commercialisation Concerns raised regarding commercialisation of Gold Coast beaches included comments such as “keep beaches natural and free from commercialisation”, “disturbance from delivery persons”, and “keep beaches ‘family friendly’”. The submission objections reflect the 2014 public consultation which did not support increased commercial activity on the ocean beaches. Specific results of the 2014 consultation included: 81% support for no alternative (additional types) commercial activity (37% support for

current activities, 44% wanted no activities); 6% requested food and beverage vendors; and


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 4% requested cafes or bars on the beach (note: objections have been raised

regarding allowing alcohol on the beach). Further concerns were raised regarding the potential for an increase in commercial activity due to ‘opening the door’. This has been reflected in the submission process as an increase in commercial operators requesting permits to conduct business directly from the beach as opposed to a delivery service has been recorded since knowledge of this proposed new law. Council staff often receive requests from commercial operators wanting to use public land instead of renting a commercial premise to conduct business as it is cheaper and has a locational advantage. The potential for requests to conduct commercial activity on the beach outside the local law requirement is likely to increase when there are perceived opportunities. The concerns regarding ‘disturbance’ were also raised by the SLSQ as a safety concern due to distraction by the delivery persons and potential for being approached as a public address system for deliveries. Commercial impact on fixed-location/established businesses Objections relating to the proposed food and beach hire delivery services impacting on nearby fixed-location premises were raised by the general public, a commercial fixed-location food operator paying high rent, SLSQ and a substantial submission by SPA. Nearby fixed-location food and beach equipment hire businesses could be adversely affected by the proposed local law amendments dependent upon the viability of a delivery service. The SPA raised concerns with potential disadvantage to established businesses within the Surfers Paradise precinct, and the effect that mobile/temporary operators would have on the economic viability of traders within the precinct. Prescribed criteria within the proposed amendments limit the operation of delivery services to only those businesses that operate from permanent premises (i.e. not mobile or temporary food or beach hire, vehicles/facilities). Parking, touting & regulatory costs Illegal activities such as illegal parking, touting and theft were raised by several submitters including the SLSQ. The objections relating to illegal parking (80 mentions) and touting (30 mentions) reflect concerns in the 2014 public consultation. Any increase in these activities would put pressure on Council and Queensland Police Service (QPS) to increase patrols and enforcement processes. SLSQ impacts The SLSQ submitted substantial comments objecting to the delivery of food on beaches. The complete submission by SLSQ is contained in Attachment 5 (Annexure B Table 1 Submission #23). Some of the SLSQ clubs operate food kiosks which could be impacted upon by other businesses providing a food delivery service. SLSQ rely on volunteers to run their services and may not be able to compete adequately with a delivery service. The SLSQ clubs on the Gold Coast provide a significant safety and community service to the Gold Coast. They are not-for-profit organisations that rely on the sale of products from their premises to raise funds. Impacts on their fund raising opportunities could affect the community work they undertake.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Further concerns included environmental and amenity concerns from increased litter and placement of bins; opening the door to further commercial activity which could impact SLSQ fundraising and nipper activities/events; scavenging birds, vermin and dogs potentially forcing people away from protected flagged areas into non-safe areas; potential for SLSQ patrol members to be approached as a public address system for deliveries diverting their attention and resources from beach safety; expectation that patrol members will police financial transactions, litter, and assist with selling commercial products; illegal parking particularly around club houses and emergency vehicle parking bays by delivery persons; concern for local fixed businesses being impacted by mobile/temporary operators. Keep Australia Beautiful Submission The Queensland Division of KAB submitted substantial comments objecting to the delivery of food on beaches. The complete submission by KAB is contained in Attachment 5 (Annexure B Table 1 Submission #18). They point out that litter will have a negative impact on the beaches from an environmental and amenity perspective and that Queensland is the worst littered mainland State in Australia. They advise that increased beach maintenance to counteract the increased litter would be required in order to protect the waterways and the beach amenity, however additional bins will not stop an increase in litter. Further to this, the potential for increased litter as a result of a Council law is counterproductive to the KAB “Litter on land, Kills at sea” campaign. KAB do provide alternative suggestions to food delivery on the beach such as allowing SLSQ clubs to serve meals and allowing vendors on the beach who would be made responsible for litter in their area. Surfers Paradise Alliance Submission The SPA submitted substantial comments objecting to the delivery of food on beaches. The complete submission by SPA is contained in Attachment 5 (Annexure B Table 1 Submission #25). They request that the laws: not disadvantage fixed-location businesses in the Surfers Paradise precinct; restrict trade to only fixed-location businesses in the Surfers Paradise precinct; limit mobile/temporary traders to greater than 400m from the Surfers Paradise precinct; and that Council recognise the significant negative impact mobile/temporary traders have on the economic viability of existing traders within the Surfers Paradise precinct. Currently the proposed laws do not specify these restrictions. They state that mobile/temporary traders could have a detrimental effect on fixed-location businesses under the proposed amendments as advertised. Alternative suggestions Alternative suggestions to food and beach equipment delivery were received mostly in a response to preventing litter and protecting SLSQ clubs. The submissions pertaining to alternative suggestions are contained in Attachment 5 (Annexure B Table 1 Submission #’s18 and 24). Suggestions of allowing SLSQ clubs to serve meals, restricting beach retail to only SLSQ clubs (i.e. from a food vending trailer) and allowing vendors on the beach who would be made responsible for litter in their area, were received from KAB and a commercial operator. These alternative suggestions obtained limited support in the 2014 public consultation (4% support for cafes on beaches) and are unlikely to be supported by SPA in the Surfers Paradise precinct. No request was made from SLSQ to progress such a plan. Progressing this type of activity would require further community consultation and is not recommended at this stage.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Removal of food delivery to the beach The objections to food delivery to the beach are deemed to have merit and are not easily remedied. The objections reflect concerns contained in the 2014 consultation which obtained high feedback levels across the entire Gold Coast community. The issues of litter, visual amenity and safety are considered likely to occur and the consequential potential damage to the City’s reputation as having the best beaches is a likely risk. It is therefore recommended that food delivery to the beach be removed as a permitted business from the proposed local law amendments. 5.4 Results of Public Interest Testing of Possible Anti-Competitive Provisions The LG Act requires that where a local law contains an anti-competitive provision, Council must comply with the procedures specified in the Local Government Regulation 2012 (LG Regulation) for reviewing anti-competitive provisions. Council has complied with these requirements. A list of all of the anti-competitive provisions in the current review is at Attachment 6. Seven (7) submissions were received concerning anti-competitive provisions in the law. Those submissions raised concerns on the impact of mobile/temporary operators taking trade from fixed businesses and from the SLSQ. Submissions that included alternative suggestions which gave exclusive rights to sale of food from the beach to one organisation would increase the anti-competitiveness of the provisions. Following community consultation, the PIT Report (Attachment 5) was prepared for the PIT Plan (previously presented to Council). The PIT Report recommends that the anti-competitive provisions that have been identified in the proposed local laws be retained in either the same, or substantially the same, form as advertised. 5.5 Amendments Consultation with the State Government resulted in the need for administrative amendments to ensure clarity and consistency within the proposed laws. The amendments do not change the overall effect of any of the relevant provisions. Consideration of public consultation has resulted in a recommendation for policy amendments to resolve community concerns. The amendments include the removal of food delivery to the beach which changes the effect of specific provisions. As these amendments were a result of the consultation process, further consultation with the State and the community is not required. The amendments contained in Attachment 7 have been made in Attachments 1 and 2 and reflected in the consolidated versions (Attachments 3 and 4). 5.6 Next Steps in Local and Subordinate Local Law Making Processes In accordance with Council’s law making process, Council may now resolve to make the proposed local laws with minor amendments and proceed to inform the public and the Minister. Any decision by Council at this late stage to change a provision of the proposed subordinate or local law may, depending upon the significance of the change, require further State-interest checks and public consultation. The proposed minor amendments do not require further consultation.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Under section 29 (5) of the LG Act, Council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992. The local law complies with this requirement. 5.7 Consolidated Versions of the Local Law and the Subordinate Local Law Section 32 of the LG Act provides that Council may prepare and adopt a consolidated version of a local law. A consolidated version of a local law is a document that accurately combines the local law as originally made with all the amendments made since it was originally made. Attachments 3 and 4 to this report are consolidated versions of each of the local law and the subordinate local laws which are to be adopted. 6 ALIGNMENT TO CORPORATE PLAN, OPERATIONAL PLAN The regulation of activities within bathing reserves and ensuring only suitable persons are authorised under the local laws has the following links to Gold Coast 2020. What we want to see by 2020 1.1 We live in balance with nature 1.7 Everyone can enjoy a beach experience 2.1 Our city is innovative and grows successful businesses 2.5 We are a globally recognised tourism destination 3.1 Our city is safe 3.2 We are proud of our city 3.6 We are an active and healthy community B We manage the city responsibly Providing for appropriate activities on the city’s ocean beaches protects amenity, and supports active and healthy lifestyles for the local community and visitors, whilst still providing some business opportunities. 7 COMMONWEALTH GAMES IMPACT The appropriate mix of lifestyle amenity and business opportunities will support visitor enjoyment of the city’s ocean beaches during the 2018 Commonwealth Games (GC2018). 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations No funding impacts are anticipated given the proposal contained within the recommendations to remove food delivery to the beach as a result of objections received. The inclusion of provisions to allow beach delivery of food may result in an increase to regulatory costs. Costs for Capital Works and Service Proposals Nil


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 People and Culture Nil 9 RISK MANAGEMENT Table 2: Risk management issues and mitigations Risk Mitigation Community expectations for amenity on ocean beaches is not met leading to reputational damage

Amendments to the proposed local law reduce the risk by ensuring only those commercial activity types the community supports are permitted. Removal of food delivery from the proposed law further mitigates this risk.

Inappropriate enforcement processes by unsuitable authorised persons (e.g. life-saving patrol members under 18 years of age) could lead to safety issues for the authorised person and/or members of the public CO000519 - A Work Health and Safety (WHS) incident that results in an injury and leads to the identification of a significant gap in Council's WHS Management System resulting in WHS prosecution

Amendments to the proposed local law reduce the risk by ensuring only persons with appropriate skills and knowledge are authorised persons.

Inappropriate enforcement processes by unsuitable authorised persons (e.g. life-saving patrol members under 18 years of age) could lead to litigation and reputational damage

Amendments to the proposed local law reduce the risk by ensuring only persons with appropriate skills and knowledge are authorised persons.

10 STATUTORY MATTERS Council’s obligation to address statutory matters, and in particular the requirements of the Local Government Act 2009, are detailed in item 5 (Discussion). 11 COUNCIL POLICIES Community Consultation Policy

12 DELEGATIONS Officers hold delegations with respect to local laws.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 13 COORDINATION & CONSULTATION The table below identifies the internal stakeholders who have participated in the proposal to date and the outcome of that participation. Table 3: Stakeholder participation Name and/or Title of the Stakeholder Consulted



Grant Wilson – Executive Coordinator Legal Services


Warwick Sinclair Manager Corporate Communications


14 STAKEHOLDER IMPACTS The review is being conducted in accordance with the statutory requirements of the LG Act and has involved stakeholder consultation and public interest testing of anti-competitive provisions. 15 TIMING If Council resolves to make the proposed local law and the proposed subordinate local law with amendments, as recommended, Council must (pursuant to the requirements under the local and subordinate local law making processes, and the LG Act):

a Within one (1) month of the date of the resolution, let the public know that the proposed local laws have been made by publishing a notice in the gazette and on Council’s website (which notice must comply with the requirements in section 29A of the LG Act); and

b 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 Council’s public office; and

c Within 14 days after the notice is published in the gazette, give the minister a copy of the gazette notice, a copy of the laws in electronic form, and advice of each anti-competitive provision and the reasons for their inclusion.

Council will also be required to update its register of local laws. 16 CONCLUSION The proposed local law has been reviewed by the relevant State agencies as part of the State-interest check process required under the LG Act. The State advised of a requirement to amend the name of several Acts and State Department references and to remove the ability for Council to make a resolution for excluded bathing reserves.


ITEM 8 (Continued) MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 Community consultation about the proposed local law and the proposed subordinate local law was undertaken in accordance with the requirements of the LG Act and the Council adopted law making process. Council received 27 submissions which raised 23 points objecting to food delivery on the beach, one (1) supporting hired beach equipment (CO), one (1) objecting to beach hire equipment (SLSQ), four (4) provided alternative suggestions and one (1) from the SLSQ had no objection to changes relating to patrol club responsibilities. There were no submissions supporting food delivery to the beach. The objections to food delivery to the beach are deemed to have merit and are not easily remedied. The objections reflect concerns contained in the 2014 consultation which obtained high feedback levels across the entire Gold Coast community. The issues of litter, visual amenity and safety are considered likely to occur and the consequential potential damage to the City’s reputation as having the best beaches is a likely risk. It is therefore recommended that food delivery to the beach be removed as a permitted business from the proposed local law amendments. The draft laws give effect to Council’s June 2014 resolution to implement the Commercial Activities on Ocean Beaches Management Plan with respect to the necessary amendments required in the local laws. The laws provide limited commercial activity whilst maintaining the communities desire to have clean, natural and peaceful beaches. Council has previously resolved to propose to make the local laws which are identified in Attachments 1 and 2 and has complied with the steps detailed in Council’s local law and subordinate local law making processes that are required to be met in order for the proposed local laws to be made with amendments. It is recommended that Council resolves to implement the recommendations of a public interest test report about the proposed local laws; make the proposed local laws, with amendments; and adopt consolidated versions of its existing local laws the subject of the review, incorporating all amendments to be made by the proposed local laws. 17 RECOMMENDATION It is recommended that Council resolves: 1 To implement the recommendations of the Public Interest Test Report in Attachment 5

about Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 To make Bathing Reserves (Amendment) Local Law (No. 1) 2016 as amended and as detailed at Attachment 1, in accordance with step seven (7) of its local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).

3 To make Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016, as amended and as detailed at Attachment 2, in accordance with step five (5) of its subordinate local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).


ITEM 8 COMMUNITY SERVICES MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 4 To record that Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing

Reserves (Amendment) Subordinate Local Law (No. 1) 2016 contain anti-competitive provisions which are detailed in Attachment 6.

5 To advise the public that Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 have been made, by publishing a notice of the making of the local laws in accordance with the requirements of Section 29B of the Local Government Act 2009.


7 To adopt a consolidated version of Local Law No. 10 (Bathing Reserves) 2004, as detailed in Attachment 3, in accordance with section 32 of the Local Government Act 2009.

8 To adopt a consolidated version of Subordinate Local Law No. 10.1 (Bathing Reserves) 2005, as detailed in Attachment 4, in accordance with section 32 of the Local Government Act 2009.

9 To give a copy of the consolidated version of each of Local Law No. 10 (Bathing Reserves) 2004 and Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 to the Minister in accordance with the requirements of Section 32 (4) of the Local Government Act 2009.

Author: Authorised by: Wendy Hodges Senior Environmental Health Officer

Colette McCool Director Community Services

8 January 2016 TRACKS REF: 52365276

RECOMMENDATION CHANGED AT COUNCIL MEETING 29 JANUARY 2016 COMMITTEE RECOMMENDATION CC16.0127.008 moved Cr La Castra seconded Cr Grummitt 1 To implement the recommendations of the Public Interest Test Report in

Attachment 5 about Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 To make Bathing Reserves (Amendment) Local Law (No. 1) 2016 as amended and as detailed at Attachment 1, and with the removal of the page numbering of page “2” of the second contents page, in accordance with step seven (7) of its local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).



ITEM 8 COMMUNITY SERVICES MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01

4 To record that Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 contain anti-competitive provisions which are detailed in Attachment 6.

5 To advise the public that Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 have been made, by publishing a notice of the making of the local laws in accordance with the requirements of Section 29B of the Local Government Act 2009.


7 To adopt a consolidated version of Local Law No. 10 (Bathing Reserves) 2004, as detailed in Attachment 3, and with the second page “1” that occurs after page “48” to be renumbered page “49”, in accordance with section 32 of the Local Government Act 2009.



CARRIED

COUNCIL MEETING 29 JANUARY 2016

1 To implement the recommendations of the Public Interest Test Report in

Attachment 5 about Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 To make Bathing Reserves (Amendment) Local Law (No. 1) 2016 as amended and as detailed at Attachment 1, and with the removal of the page numbering of page “2” of the second contents page, in accordance with step seven (7) of its local law making process adopted by Council in resolution G12.1213.019 (as amended by resolution G13.0212.015).


4 To record that Bathing Reserves (Amendment) Local Law (No. 1) 2016 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 contain anti-competitive provisions which are detailed in Attachment 6.


ITEM 8 COMMUNITY SERVICES MAKING OF BATHING RESERVES LOCAL LAW (NO. 1) 2016 AND BATHING RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO LG222/365/30 & LG222/365/30/02/01 5 To advise the public that Bathing Reserves (Amendment) Local Law (No. 1) 2016

and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 have been made, by publishing a notice of the making of the local laws in accordance with the requirements of Section 29B of the Local Government Act 2009.


7 To adopt a consolidated version of Local Law No. 10 (Bathing Reserves) 2004, as detailed in Attachment 3, and with the second page “1” that occurs after page “48” to be renumbered page “49”, in accordance with section 32 of the Local Government Act 2009.



A division was called. For 8 Cr Robbins, Cr McDonald, Cr Betts, Cr Grew, Cr Tozer,

Cr La Castra, Cr Gilmore, Cr Grummitt Against 7 Cr Taylor, Cr Bell, Cr Crichlow, Cr Caldwell, Cr Owen-Jones,

Cr Gates, Cr Tate Abstained 0 Absent 0

CARRIED


Bathing Reserves (Amendment)

Local Law (No. 1) 2016

This and the following 19 pages is a certified copy of Bathing Reserves (Amendment) Local Law (No.1) 2016 made in accordance with the provisions of the Local


_______________________________________________ Dale Dickson



189

Agenda Attachment 1

Council of the City of Gold Coast Bathing Reserves (Amendment) Local Law (No. 1) 2016

Contents

Page


1 Short title .................................................................................................................... 1

2 Object ........................................................................................................................ 1

3 Commencement ........................................................................................................ 1

Part 2 Amendment of Local Law No. 10 (Bathing Reserves) 2008 1


5 Amendment of section 2 (Objects) ............................................................................ 1

6 Replacement of section 10 (Regulation of business) ................................................ 2

7 Renumbering of sections 11 to 54 ............................................................................. 2

8 Insertion of new sections 11 and 12 .......................................................................... 3

9 Amendment of section 13 (Prohibited conduct) ........................................................ 4 10 Amendment of section 14 (Regulated conduct) ........................................................ 5

11 Amendment of section 18 (Prohibition on use of aquatic equipment, vessels and ....

wind powered craft in bathing areas)......................................................................... 5

12 Amendment of section 19 (Restrictions on use of aquatic equipment, land yachts,

vessels and wind powered craft in bathing reserves)................................................ 6

13 Amendment of section 20 (Reservation of areas for use of aquatic equipment) ...... 6 14 Amendment of section 21 (Requirement for a permit) .............................................. 6

15 Amendment of section 23 (Grant of a permit) ........................................................... 6

16 Amendment of section 24 (Term of a permit) ............................................................ 7

17 Amendment of section 25 (Conditions of a permit) ................................................... 7

18 Amendment of section 27 (Amendment, renewal or transfer of a permit)................. 7

19 Amendment of section 30 (Suspension or cancellation of permit in exceptional

circumstances) ........................................................................................................... 7

20 Amendment of section 42 (Authorised person's identity card) .................................. 8

21 Amendment of section 45 (Protection from liability) .................................................. 8

22 Amendment of section 49 (Seizure of dangerous objects, aquatic equipment,

land yachts, vessels and wind powered craft) ........................................................... 8

23 Amendment of section 50 (Powers of authorised persons on seizure of dangerous

objects, aquatic equipment, land yachts, vessels and wind powered craft) .............. 9

24 Amendment of section 51 (Procedure on seizure of property) .................................. 9

25 Amendment of section 52 (Procedure for disposal of property) .............................. 10

26 Amendment of section 54 (Seized property register) .............................................. 10

27 Amendment of section 55 (Subordinate local laws) ................................................ 10


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Agenda Attachment 1


Bathing Reserves (Amendment) Local Law (No. 1) 2016

28 Insertion of new Part 11 ........................................................................................... 12

29 Amendment of Schedule (Dictionary) ...................................................................... 13


191

Agenda Attachment 1


Bathing Reserve (Amendment) Local Law (No. 1) 2016



This local law may be cited as Bathing Reserves (Amendment) Local Law (No. 1) 2016.

2 Object

The object of this local law is to amend Local Law No. 10 (Bathing Reserves) 2004 to—

(a) provide the local government with appropriate powers to effectively regulate activities within bathing reserves; and

(b) make consequential and minor amendments; and

(c) insert and amend definitions of terms that are necessary for the implementation of the provisions of the local law; and

(d) ensure consistency with State legislation, the local government’s administrative procedures and the local government’s other local laws and correct grammatical or typographical errors and other inconsistencies.

3 Commencement

This local law commences upon publication of the notice of the making of Bathing Reserves (Amendment) Local Law (No. 1) 2016 in the gazette.

Part 2 Amendment of Local Law No. 10 (Bathing Reserves) 2008

4 Local law amended

This part amends Local Law No. 10 (Bathing Reserves) 2004.

5 Amendment of section 2 (Objects) (1) Section (e), after ‘public safety and amenity’—

insert—

‘and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time)’


192

Agenda Attachment 1



(2) Section (f), ‘bathing reserves, to activities’ —

omit, insert—

‘bathing reserves to activities’

(3) Sections (f) after ‘economic significance to the area’ —

insert—

‘and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time),’

6 Replacement of section 10 (Regulation of business) Section 10 Regulation of business—

omit, insert—

‘10 Regulation of business

(1) A person (other than the local government) must not carry on a business or associated activity on an excluded bathing reserve unless the business is—

(a) a permitted business that is not a prohibited permitted business; and

(b) authorised by a permit.


(2) A person (other than the local government) must not carry on a business on a bathing reserve, which is not an excluded bathing reserve, unless the business is—

(a) a permitted business; and


Maximum penalty for subsection (2)—50 penalty units.’

7 Renumbering of sections 11 to 54 After section 10, sections ‘11 to 54’—

Renumber as sections ‘13 to 56’.


193

Agenda Attachment 1



8 Insertion of new sections 11 and 12 After section 10—

insert new sections 11 and 12—

‘11 Designation of excluded bathing reserves

(1) The local government may, by subordinate local law—

(a) designate the whole or any part of a bathing reserve as an excluded bathing reserve (an excluded bathing reserve); and

(b) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a permitted business or a permitted business of a specified type (a prohibited permitted business)—

(i) at all times; or

(ii) on specified days; or

(iii) during specified hours on specified days; and

(c) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a regulated activity, other than a permitted business, of a specified type (a prohibited regulated activity) —



(iii) during specified hours on specified days.

(2) For the avoidance of doubt, the local government may, from time to time, by subordinate local law, repeal or amend a designation under subsection (1).

(3) Each designation of an excluded bathing reserve under subsection (1) must include a description of the area designated as the excluded bathing reserve and, where required for identification purposes, the real property description of the land on which the excluded bathing reserve is located or some other description sufficient to identify the excluded bathing reserve with certainty.

12 Prescribing bathing reserve as excluded bathing reserve

(1) If the local government makes a designation under section 11(1)(a) by subordinate local law, the subordinate local law must include the information specified in section 11(3).


194

Agenda Attachment 1



(2) If the local government makes a designation under section 11(1)(b) by subordinate local law, the subordinate local law must specify, for the designation—

(a) the permitted business, or specified type of permitted business, that must not be carried on in the excluded bathing reserve; and

(b) the times or days during which a permitted business, or specified type of permitted business, must not be carried on in the excluded bathing reserve.

(3) If the local government makes a designation under section 11(1)(c) by subordinate local law, the subordinate local law must specify, for the designation—

(a) the regulated activity or activities that must not be carried on in the excluded bathing reserve; and

(b) the times or days during which the regulated activity or activities must not be carried on in the excluded bathing reserve.’

9 Amendment of section 13 (Prohibited conduct) (1) Section 13(1)(a)(ii), ‘Fire and Rescue Service Act 1990’—

omit, insert—

‘Fire and Emergency Services Act 1990’

(2) Section 13(1)(d)—

omit, insert—

‘(d) bring an object which is dangerous or has the potential to be dangerous (including dangerous aquatic equipment) into a bathing reserve within 15 metres of a bathing area unless authorised under another section of this local law; or’

(3) Section 13(1)(r), ‘Aquatic’—

omit in example

(4) Section 13(3), ‘200’—

omit, insert—

‘50’


195

Agenda Attachment 1



(5) Section 13(6), ‘(1)(e) section’—

omit, insert—

‘(1)(e)’

(6) Section 13(7), ‘(1)’—

omit, insert—

‘(7)’

10 Amendment of section 14 (Regulated conduct) (1) Section 14(1)(c), after ‘operating a’—

insert—

‘drone or a’

(2) Section 14(1), ‘subsection (g)’—

omit—

(3) Section 14(1)(m), after ’50 people’—

insert—

‘(other than a marriage ceremony)’

(4) Section 14(1), subsections ‘(h) to (n)’—

Renumber as subsections ‘(g) to (m)’

(5) Section 14(1), after subsection (m)—

insert—

‘(n) conducting a club training activity involving more than 50 people; or’.

11 Amendment of section 18 (Prohibition on use of aquatic equipment, vessels and wind powered craft in bathing areas)

(1) Section 18(3)(c), after ‘bathing area’–

insert—

‘in accordance with subsection 3(c),’

(2) Section 18(3), subsections ‘(c) to (d)’—

Renumber as subsections ‘(d) to (e)’


196

Agenda Attachment 1



(3) Section 18, after subsection (3)(b)–

insert—

‘(c) an authorised person may authorise the use of aquatic equipment in a bathing area if the use is necessary at the time of the authorisation; and

Example—

The use may be authorised in an emergency situation to assist bathers in distress.’.

12 Amendment of section 19 (Restrictions on use of aquatic equipment, land yachts, vessels and wind powered craft in bathing reserves)

(1) Section 19(5), ‘subsection (b)’—

omit, insert—

‘(b) 200m of a swimmer or a person using aquatic equipment or a wind powered craft.’

(2) Section 19(7), after subsection (a)(iii)—

insert—

‘(iv) authorised under another section of this local law; or’

13 Amendment of section 20 (Reservation of areas for use of aquatic equipment)

Section 20(1), ‘17’—

omit, insert—

‘19’

14 Amendment of section 21 (Requirement for a permit) (1) Section 21(1)(b), ‘21’—

omit, insert—

‘23’

(2) Section 21(1), ‘100’—

omit, insert—

‘50’

15 Amendment of section 23 (Grant of a permit) (1) Section 23(1)(k), ‘reserve.’


197

Agenda Attachment 1



omit, insert—

‘reserve; and’

(2) Section 23, after subsection (1)(k)—

insert—

‘(l) will allow sufficient time between (before and after) the undertaking of another regulated activity —

(i) for the maintenance, repair or rehabilitation of the bathing reserve and any areas adjacent to the bathing reserve; and

(ii) such that it does not adversely impact on the surrounding community and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan.’

16 Amendment of section 24 (Term of a permit) Section 24(2), ‘A’

omit, insert—

‘If a time is not specified on the permit under subsection (1), the’

17 Amendment of section 25 (Conditions of a permit) Section 25(2)(s), ‘non exclusive’

omit, insert—

‘nonexclusive’

18 Amendment of section 27 (Amendment, renewal or transfer of a permit) Section 27(4)(a), ‘21’

omit, insert—

‘23’

19 Amendment of section 30 (Suspension or cancellation of permit in exceptional circumstances)

Section 30(3), ‘prohibition notice’

italicise—

‘prohibition notice’


198

Agenda Attachment 1



20 Amendment of section 42 (Authorised person's identity card) Section 42(6), ‘10’

omit, insert—

‘40’

21 Amendment of section 45 (Protection from liability) Section 45(3)(b), ‘48’

omit, insert—

‘50’

22 Amendment of section 49 (Seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft)

(1) Section 49(2)(c), ‘16’

omit, insert—

‘18’

(2) Section 49(3)(a), ‘17’

omit, insert—

‘19’

(3) Section 49(3)(b), ‘17’

omit, insert—

‘19’

(4) Section 49(4)(a), ‘17’

omit, insert—

‘19’

(5) Section 49(4)(b), ‘17’

omit, insert—

‘19’

(6) Section 49, ‘subsection (5)’

omit, insert—

‘(5) An authorised person may seize a vessel if-


199

Agenda Attachment 1



(a) A person-

(i) uses the vessel in that part of a bathing reserve which is less than 400m seaward of the low water mark at ordinary spring tides contrary to section 19(4); and

(ii) fails to comply with a direction given under section 19(9)(c); or

(b) A person-

(i) uses the vessel for tow-in surfing or power assisted surfing in a bathing reserve contrary to section 19(5); and

(ii) fails to comply with a direction given under section 19(9)(d).’

(7) Section 49(6)(a), ‘17’

omit, insert—

‘19’

(8) Section 49(6)(b), ‘17’

omit, insert—

‘19’

23 Amendment of section 50 (Powers of authorised persons on seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft)

(1) Sections 50(a) to (e), ‘47’ wherever it appears

omit, insert—

‘49’

(2) Section 50(d), ‘which is being used for tow in surfing or power assisted surfing’

omit—

24 Amendment of section 51 (Procedure on seizure of property) (1) Section 51(1), ‘47’

omit, insert—

‘49’


200

Agenda Attachment 1



(2) Section 51, ‘which is being used for tow in surfing or power assisted surfing’

omit wherever the words appear—

25 Amendment of section 52 (Procedure for disposal of property) (1) Section 52(1), ‘47’

omit, insert—

‘49’

(2) Section 52(2), ‘49’

omit, insert—

‘51’

26 Amendment of section 54 (Seized property register) (1) Section 54(1), ‘47’

omit, insert—

‘49’

(2) Section 54(1), ‘seized property register’

italicise—

‘seized property register’

(3) Sections 54(2)(b)(iv) and(v), ‘49’ wherever it appears

omit, insert—

‘51’

27 Amendment of section 55 (Subordinate local laws) (1) Sections 55(a) and (b), ‘11’ wherever it appears

omit, insert—

‘13’

(2) Section 55(c), ‘17’

omit, insert—

‘19’


201

Agenda Attachment 1



(3) Section 55(d), ‘19’

omit, insert—

‘21’

(4) Sections 55(e) and (f), ‘20’ wherever it appears

omit, insert—

‘22’

(5) Section 55(g), ‘21’

omit, insert—

‘23’

(6) Section 55(h), ‘22’

omit, insert—

‘24’

(7) Sections 55(i) and (j), ‘23’ wherever it appears

omit, insert—

‘25’

(8) Section 55(k), ‘27’

omit, insert—

‘29’

(9) Section 55(l), ‘31’

omit, insert—

‘33’

(10) Section 55(m), ‘32’

omit, insert—

‘34’

(11) Section 55(n), ‘37’

omit, insert—

‘39’


202

Agenda Attachment 1



(12) Section 55(o), ‘38’

omit, insert—

‘40’

(13) Section 55(p), ‘39’

omit, insert—

‘41’

(14) Section 55(w), ‘law.’

omit, insert—

‘law; and’

(15) Section 55, subsections ‘(a) to (w)’—

renumber as subsections ‘(e) to (aa)’

(16) Section 55, after ‘in a subordinate local law, specify—’

insert—

‘(a) a type of business which may be permitted in a bathing reserve pursuant to section 10 and the definition of ‘permitted business’ of this local law; and

(b) a bathing reserve or part of a bathing reserve as an excluded bathing reserve pursuant to section 11(1)(a) of this local law; and

(c) a permitted business as a prohibited permitted business pursuant to section 11(1)(b) of this local law; and

(d) a regulated activity as a prohibited regulated activity pursuant to section 11(1)(c) of this local law; and’

(17) Section 55, after subsection (aa)’

insert—

‘(bb) prescribed criteria pursuant to the Schedule (Dictionary) of this local law.’

28 Insertion of new Part 11 After section 56

insert—


203

Agenda Attachment 1



‘Part 11 Transitional provisions

57 Transitional provision for the designation of prohibited permitted businesses and prohibited regulated activities

(1) If a permitted business becomes a prohibited permitted business on or after the commencement of this section, from the date the designation of the prohibited permitted business takes effect an existing approval under this local law authorising a permitted business is of no effect to the extent the permitted business has become a prohibited permitted business.

(2) If a regulated activity becomes a prohibited regulated activity on or after the commencement of this section, from the date the designation of the prohibited regulated activity takes effect an existing approval under this local law authorising a permitted business is of no effect to the extent the regulated activity has become a prohibited regulated activity.

(3) If an application for a permit for a permitted business is approved after the date a designation for a prohibited permitted business takes effect, the permit does not authorise a person to carry out the prohibited permitted business.

(4) If an application for a permit for a regulated activity is approved after the date a designation for a prohibited regulated activity takes effect, the permit does not authorise a person to carry out the prohibited regulated activity.

(5) If a permitted business ceases to be a prohibited permitted business, a permit for the permitted business may authorise the permitted business that was formerly a prohibited permitted business subject to any conditions in the permit.

(6) If a regulated activity ceases to be a prohibited regulated activity, a permit for the regulated activity may authorise the regulated activity that was formerly a prohibited regulated activity subject to any conditions in the permit.’

29 Amendment of Schedule (Dictionary) (1) Schedule, definition of aquatic equipment, ‘a float’

omit, insert—

‘an inflatable device or rubber or foam float or board that is not bathing equipment’

(2) Schedule, definition of authorised person, footnote 6, ‘authorizes’

omit, insert—


204

Agenda Attachment 1



‘authorises’

(3) Schedule, definition of bathing area, ‘5’

omit, insert—

‘6’

(4) Schedule, definition of bathing equipment, ‘means—’

omit, insert—

‘means equipment that does not give rise a to risk of injury to bathers in a bathing area which is—’

(5) Schedule, definition of bathing equipment subsection (b), ‘that does not give rise to risk of injury to bathers in a bathing area.’

omit—

(6) Schedule, after definition of camp—

insert—

‘carry on for a business includes carrying on an activity associated with the business.

Example—

• conducting surfing lessons associated with a surf school.

• conducting fitness training associated with a commercial fitness activity.

club training activity—

(a) means a training session organised and conducted by—

(i) an incorporated sports club or educational establishment; or

(ii) a club participating in a local, regional, State or national sporting competition; and

(b) does not include life-saving training organised and conducted by a life-saving club.

commercial activities on ocean beaches management plan means the plan as adopted and amended by Council from time to time.

commercial fitness activity has the meaning given in Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.’


205

Agenda Attachment 1



(7) Schedule, after definition of essential services vessel—

insert—

‘excluded bathing reserve see section 11(1)(a) of this local law.’

(8) Schedule, definition of identity card register, ‘40’

omit, insert—

‘42’

(9) Schedule, definition of length second example, ‘Example of things that do increase a vessel’s effective length’

italicise—

‘Example of things that do increase a vessel’s effective length’

(10) Schedule, definition of numbered identity card, ‘40’

omit, insert—

‘42’

(11) Schedule, after definition of patrol flag—

insert—

‘permitted business has the meaning given in Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.’

(12) Schedule, after definition of plant—

insert—

‘prohibited permitted business see section 11(1)(b) of this local law.

prohibited regulated activity see section 11(1)(c) of this local law.’

(13) Schedule, definition of prescribed criteria, after ‘the criteria’

insert—

‘specified in a subordinate local law’

(14) Schedule, definition of prohibition notice, ‘28’

omit, insert—

‘30’


206

Agenda Attachment 1



(15) Schedule, definition of recognised life-saving club, footnote 8, ‘33’

omit, insert—

‘35’

(16) Schedule, definition of regulated activity

omit, insert—

‘regulated activity means an activity the undertaking of which

(a) requires a permit under this local law; or

(b) is specified in a subordinate local law as an activity for which a permit is not required.’

(17) Schedule, definition of reserve sign, footnote 9, ‘Sign’

omit, insert—

‘Signs’

(18) Schedule, definition of seized property register, ‘52’

omit, insert—

‘54’

(19) Schedule, after definition of structure—

insert—

‘surf management plan means the plan as adopted and amended by Council from time to time.’

(20) Schedule, definition of waste container, subsection (d) ‘non reactive’

omit, insert—

‘nonreactive’

(21) Schedule, definition of bathing reserve, ‘Local Government (Operations) Regulation 2012’

omit, insert—

‘Local Government Regulation 2012’

(22) Schedule, definition of essential services vehicle, subsection (g) ‘Department of Main Roads’


207

Agenda Attachment 1



omit, insert—

‘Department of Transport and Main Roads’

(23) Schedule, definition of essential services vehicle, subsection (b) ‘a fire brigade’

omit, insert—

‘the Queensland Fire and Emergency Services’

(24) Schedule, definition of essential services vessel, subsection (d) ‘Department of Main Roads’

omit, insert—

‘Department of Transport and Main Roads’

(25) Schedule, definition of essential services vessel, subsection (f) ‘Department of Emergency Services’

omit, insert—

‘Queensland Fire and Emergency Services’

(26) Schedule, definition of essential services vessel, subsection (h)

renumber as subsections ‘(i)’

(27) Schedule, definition of essential services vessel, after subsection (g)

insert—

‘(h) Queensland Fire and Emergency Services; or’

(28) Schedule, definition of life-saving club, subsection (b) ‘Department of Emergency Services’

omit, insert—

‘Queensland Fire and Emergency Services’

(29) Schedule, definition of public marine facility, ‘Transport Infrastructure (Public Marine Facilities) Regulation) 2000’

omit, insert—

‘Transport Infrastructure (Public Marine Facilities) Regulation 2000’

#51055135


208

Agenda Attachment 1


Bathing Reserves (Amendment)

Subordinate Local Law (No. 1) 2016

This and the following 10 pages is a certified copy of Bathing Reserves (Amendment) Subordinate Local Law (No.1) 2016 made in accordance with the provisions of the Local


_______________________________________________ Dale Dickson



209

Agenda Attachment 2

Council of the City of Gold Coast Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 Contents

Page


1 Short title .................................................................................................................... 1

2 Object ........................................................................................................................ 1

3 Commencement ........................................................................................................ 1

Part 2 Amendment of Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 1


5 Amendment of section 1 (Short title) ......................................................................... 1

6 Amendment of section 3 (Objects) ............................................................................ 1

7 Amendment of section 5 (Prohibited activities) ......................................................... 2

8 Renumbering of sections 5 to 12 ............................................................................... 2

9 Insertion of new section 5 (Prohibited equipment) .................................................... 2 10 Amendment of section 7 (Requirement for a permit) ................................................ 3

11 Amendment of section 8 (Application for a permit) ................................................... 4

12 Amendment of section 9 (Grant of a permit) ............................................................. 4

13 Amendment of section 10 (Conditions of a permit) ................................................... 4

14 Omission of section 11 (Who are authorised persons) ............................................. 4

15 Insertion of new section 11 (Prescribed criteria) ....................................................... 4 16 Amendment of section 12 (Limitation on powers) ..................................................... 5

17 Amendment of section 13 (Authorised person’s appointment conditions) ................ 6

18 Amendment of Schedule (Dictionary) ........................................................................ 6


210

Agenda Attachment 2


Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016

Council of the City of Gold Coast Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016


This local law may be cited as Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 Object

The object of this subordinate local law is to amend Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 to—



3 Commencement

This local law commences upon publication of the notice of the making of Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 in the gazette.

Part 2 Amendment of Subordinate Local Law No. 10.1 (Bathing Reserves) 2005

4 Local law amended

This part amends Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.

5 Amendment of section 1 (Short title) Subsection 1, ‘Subordinate Local Law No. 10.1 (Bathing Reserves) 2005’ —

italicise—

‘Subordinate Local Law No. 10.1 (Bathing Reserves) 2005’

6 Amendment of section 3 (Objects) (1) Subsection 3(e), after ‘amenity’ —

insert—

‘and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time)’


211

Agenda Attachment 2



(2) Subsection 3(f), after ‘area’ —

insert—

‘and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time),’

7 Amendment of section 5 (Prohibited activities) (1) Section 5, ‘To avoid any doubt, for’ –

omit, insert-

‘For’

(2) Section 5, ‘11’ —

omit, insert—

‘13’

(3) Section 5(a), ‘the supply of personal or group fitness training activities’ —

omit, insert—

‘a commercial fitness activity’

(4) Section 5, subsection ‘(b)’ —

omit, insert—

‘(b) conducting a busking performance.’

8 Renumbering of sections 5 to 12 After section 4, ‘sections 5 to 12’ —

Renumber as sections 6 to 13

9 Insertion of new section 5 (Prohibited equipment) After ‘Part 2 Regulation of bathing reserves’ —

insert new section 5—

‘5 Prohibited equipment

For the purposes of section 13(1)(e) and Schedule (Dictionary) of Local Law No. 10 (Bathing Reserves) 2004, the following equipment is prohibited in a bathing reserve— (a) fitness equipment.’


212

Agenda Attachment 2



10 Amendment of section 7 (Requirement for a permit) (1) Section 7(g), ‘conducting’ –

omit, insert-

‘participating in’

(2) Section 7(g), after ‘ceremony’ –

insert-

‘as a bride or groom’

(3) Section 7(h)(ii), ‘(; or)’ –

omit, insert-

‘.’

(4) Section 7, subsections ‘(a), (d), (f), (i) and (j)’–

omit—

(5) Section 7, subsections ‘(b), (c), (e), (g) and (h)’ –

renumber as subsections ‘(a) to (e)’

(6) Section 7, ‘For the purposes….’

renumber as subsection (2)

(7) Section 7, before subsection (2) –

insert-

‘(1) For the purposes of section 21(2)(a) of Local Law No. 10 (Bathing Reserves) 2004, a permit is not required to operate the following businesses in a bathing reserve, provided the business complies with the prescribed criteria— (a) the delivery to a person in a bathing reserve of beach

equipment from a business located outside a bathing reserve; and

(b) the following businesses where they are solely associated with a marriage ceremony that has a permit under Local Law No. 10 (Bathing Reserves) 2004—

(i) conducting a marriage ceremony by a marriage celebrant; and

(ii) photography undertaken for a commercial purpose.’


213

Agenda Attachment 2



11 Amendment of section 8 (Application for a permit) Section 8, ‘20’ –

omit, insert-

‘22’

12 Amendment of section 9 (Grant of a permit) (1) Section 9(1) and (2), ‘21’ wherever it appears–

omit, insert-

‘23’

(2) Section 9(2)(a), ‘surfing’ –

omit, insert-

‘surfing, kite surfing, windsurfing or teaching relating to other wind powered

craft’

13 Amendment of section 10 (Conditions of a permit) (1) Section 10(1), ‘23’ –

omit, insert-

‘25’

(2) Section 10(1), ‘an authorised person may require the holder of a permit to’ –

omit, insert-

‘the local government may impose all or any of the following conditions on

the permit’

14 Omission of section 11 (Who are authorised persons) ‘Section 11 (Who are authorised persons)’–

omit

15 Insertion of new section 11 (Prescribed criteria) After ‘Section 10 Conditions of a permit’ and before ‘Part 4 Authorised

persons’—

insert

‘11 Prescribed criteria


214

Agenda Attachment 2



(1) For the purposes of section 7(1) of this subordinate local law, a regulated activity must comply with the following prescribed criteria—

(a) for a regulated activity which is the delivery of beach equipment to a person in a bathing reserve under section 7(1)(b) of this subordinate local law—

(i) the business delivering the beach equipment must not be operated from a mobile or temporary premises or a vehicle; and

(ii) vehicles are not to be driven on the beach, dunes, parks or reserves; and

(iii) the beach equipment is to be removed from the bathing reserve immediately upon the expiry of the period for which the beach equipment has been hired (unless the next period of hire commences immediately after the preceding period of hire); and

(iv) the beach equipment is to be removed from the bathing reserve immediately upon—

(A) the issue of a severe weather warning which applies to the bathing reserve; or

(B) the direction of an authorised person; and

(v) The business operating the delivery of beach hire equipment must hold at all times a broadform public liability insurance policy for at least $10 million or another amount specified by the local government that notes the interests of the Council of the City of Gold Coast in respect of the operation of the delivery of beach hire equipment. The policy must be held for presentation and produced on request to an authorised person.’

16 Amendment of section 12 (Limitation on powers) (1) Section 12, ‘38’ –

omit, insert-

‘40’

(2) Section 12, after ‘2004’ –

insert-


215

Agenda Attachment 2



‘an authorised person who holds the rank of captain in a life-saving patrol

may’

(3) Section 12(b)(i), ‘the authorised person holds the rank of captain in a life-

saving patrol and’ –

omit-

(4) Section 12(b)(ii), ‘16(4), 17(9), 18(1), 47(1), (2), (3) and (4), 49(1), 44(1),

45(1), 46(1) and 15 (Interference with flags and life-saving equipment)’ –

omit, insert-

‘17 (Interference with flags and life-saving equipment), 18(3)(c), 18(4),

19(9), 20(1), 46(1), 47(1), 48(1), 49(1), (2), (3) and (4) and 51(1)’

(5) Section 12(b), subsections ‘(i), A, B and (ii)’ –

Renumber as subsections ‘(a), (i), (ii) and (b)’-

(6) Section 12, ‘subsection (a)’ –

omit-

(7) Section 12, ‘(b) an authorised person who holds the rank of captain in a life-

saving patrol may-’ –

omit-

17 Amendment of section 13 (Authorised person’s appointment conditions) (1) Section 13, ‘39’ –

omit, insert-

‘41’

(2) Section 13, ‘an authorised person who is either an authorised life saver or’ –

omit-


(1) Schedule, definition of ‘authorised life-saver’–

omit-


216

Agenda Attachment 2



(2) Schedule, definition of patrol area, ‘has the meaning given in section

11(b)’–

omit, insert-

‘means the part of the bathing reserve assigned to a life-saving club to conduct life-saving patrols’

(3) Schedule, definition of patrol period, ‘has the meaning given in section

11(b)’–

omit, insert-

‘means the period during which life-savers are on duty conducting life-

saving patrols’

(4) Schedule, definitions –

insert-

‘commercial fitness activity—

(a) commercial fitness activity means a business or commercial activity involving the supply of the following personal or group fitness training activities—

(i) circuit training;

(ii) resistance training;

(iii) fitness training involving self-defence or the use of boxing gloves and boxing pads;

(iv) organised aerobic activity, including group walking or running activities, whether or not involving a thing that is pushed, pulled or carried;

(v) fitness activities involving yoga, tai chi, pilates, meditation or a similar activity;

(vi) group fitness activities conducted by an individual instructor or multiple instructors involving the participation of individuals, or groups of persons in strength, resistance or cardiovascular based activities, whether or not involving the use of equipment; or

(vii) any combination of the activities mentioned in paragraphs (i) to (vi); and

(b) commercial fitness activity does not include—


217

Agenda Attachment 2



(i) a club training activity; or

(ii) a corporate event.

corporate event means an activity carried out as part of a temporary conference or convention.

fitness equipment—

(a) fitness equipment means equipment used or intended to be used for fitness training purposes; and

(b) fitness equipment includes metal bars, exercise weights, benches, logs, tyres, sledge hammers, heavy ropes, medicine balls, boxing gloves, punching bags, kickboxing bags, weight training machines or rowing machines or any other large load bearing or large resistance training equipment; and

(c) fitness equipment does not include—

(i) lifesaving equipment if it is being used for training, the surveillance of the bathing reserve or to assist bathers in distress by—

(A) members of a life-saving patrol; or

(B) a lifeguard; or

(ii) marker flags or marker cones; or

(iii) sports balls, including footballs, soccer balls, tennis balls or the like.

permitted business means the following businesses or commercial activities—

(a) conducting a surfing competition; and

(b) conducting a surf school pursuant to section 9(2) of this subordinate local law; and

(c) conducting an underwater recreational activity; and

(d) the hiring of beach equipment by a life-saving club within the part of the bathing reserve which is located not more than one-hundred metres on either side of the life-saving club’s clubhouse; and

(e) conducting a marriage ceremony by a marriage celebrant; and

(f) setting apart the bathing reserve, or part of the bathing reserve, commonly known as “North Kirra Beach” for use as a landing area for tandem skydivers; and

(g) an entertainment or promotional event, product launch or corporate event, which—


218

Agenda Attachment 2



(i) is of economic significance to the area; and

(ii) complies with the local government’s ocean beaches management plan or surf management plan (as amended from time to time); and

(h) film production; and

(i) a temporary broadcast of a radio or television program; and

(j) photography undertaken for a commercial purpose; and

(k) the delivery of beach equipment to a person in a bathing reserve; and

(l) a temporary business authorised by a resolution of the local government for a specific time period.

underwater recreational activity—

(a) includes-

(i) scuba diving;

(ii) snorkelling;

(b) but does not include-

(i) spear fishing. ’

#51055827


219

Agenda Attachment 2


Local Law No. 10

(Bathing Reserves) 2004 Consolidated version Reprint No. 2

This and the following 52 pages is a certified copy of the CONSOLIDATED VERSION of Local Law No. 10 (Bathing Reserves) 2004

made in accordance with the provisions of the Local Government Act 2009 by the Council of the City of Gold Coast by resolution dated [INSERT]

_______________________________________________ Dale Dickson



220

Agenda Attachment 3

Council of the City of Gold Coast Local Law No. 10 (Bathing Reserves) 2004

Contents

Page

Part 1 Preliminary ................................................................................................ 1

1 Short title .................................................................................................................... 1

2 Objects ....................................................................................................................... 1


Part 2 Bathing reserves ...................................................................................... 2

Division 1 Designation of bathing reserves 2

4 Signs indicating existence of bathing reserve ........................................................... 2 5 Compliance with Australian standards ...................................................................... 2

Division 2 Bathing areas 2

6 Bathing areas ............................................................................................................. 2

7 Flags to inform bathers about prevailing conditions .................................................. 3

8 Closure of bathing reserve ........................................................................................ 3

Division 3 Reservation for training 4

9 Reservation for training ............................................................................................. 4

Part 3 Regulation of bathing reserves ............................................................... 4

10 Regulation of business .............................................................................................. 4

11 Designation of excluded bathing reserves ................................................................ 4

12 Prescribing bathing reserve as excluded bathing reserve......................................... 5

13 Prohibited conduct ..................................................................................................... 6

14 Regulated conduct ..................................................................................................... 8 15 Shark alarms .............................................................................................................. 9

16 False alarms .............................................................................................................. 9

17 Interference with flags and life-saving equipment ................................................... 10

Part 4 Aquatic equipment, land yachts, vessels and wind powered craft .... 10

18 Prohibition on use of aquatic equipment, vessels and wind powered craft in bathing areas ........................................................................................................... 10

19 Restrictions on use of aquatic equipment, land yachts, vessels and wind powered craft in bathing reserves ........................................................................... 11

20 Reservation of areas for use of aquatic equipment ................................................. 13

Part 5 Permits .................................................................................................... 13

21 Requirement for a permit ......................................................................................... 13


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Council of the City of Gold Coast Local Law No.10 (Bathing Reserves) 2004

22 Application for a permit ............................................................................................ 14

23 Grant of a permit ...................................................................................................... 15

24 Term of a permit ...................................................................................................... 16

25 Conditions of a permit .............................................................................................. 17

26 Power to change the conditions of a permit ............................................................ 19

27 Amendment, renewal or transfer of a permit ........................................................... 20 28 Renewal of a permit ................................................................................................. 21

29 Cancellation of a permit ........................................................................................... 23

30 Suspension or cancellation of permit in exceptional circumstances ....................... 24

31 Direction to leave area the subject of permit ........................................................... 25

32 General compliance provision ................................................................................. 26

Part 6 Enforcement............................................................................................ 26

33 Records to be kept .................................................................................................. 26

34 Inspection, monitoring or management program ..................................................... 26

Part 7 Life-saving clubs .................................................................................... 27

35 Recognised life-saving clubs ................................................................................... 27

36 Facilities for life-saving patrols ................................................................................ 27

37 Distinctive clothing ................................................................................................... 27

Part 8 Authorised persons ................................................................................ 28

Division 1 Authorised persons 28 38 Conflict with Local Law No. 3 (Administration) 2008 ............................................... 28

39 Who are authorised persons ................................................................................... 28

40 Limitation on authorised person's powers ............................................................... 29

41 Authorised person's appointment conditions ........................................................... 29

42 Authorised person's identity card ............................................................................ 29

43 Impersonation of an authorised person ................................................................... 30 44 Obstruction of authorised persons, life-savers and lifeguards ................................ 31

45 Protection from liability ............................................................................................ 31

Division 2 Powers of authorised persons 31

46 Power to remove or reduce danger ......................................................................... 31

47 Power to stop dangerous and antisocial conduct .................................................... 32

48 Power to require bathers to leave water .................................................................. 32

Division 3 Seizure and disposal of property 33

49 Seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft................................................................................................... 33

50 Powers of authorised persons on seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft ....................................... 34

51 Procedure on seizure of property ............................................................................ 34


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Council of the City of Gold Coast Local Law No.10 (Bathing Reserves) 2004

52 Procedure for disposal of property .......................................................................... 35

53 Purchaser of property gets valid title ....................................................................... 36

54 Seized property register .......................................................................................... 36

Part 9 Subordinate local laws ........................................................................... 37

55 Subordinate local laws ............................................................................................. 37

Part 10 Application of Local Law No. 3 (Administration) 2008 ........................ 39

56 Application of Local Law No. 3 (Administration) 2008 to this local law ................... 39

Part 11 Transitional provisions .......................................................................... 39

57 Transitional provision for the designation of prohibited permitted businesses and prohibited regulated activities .................................................................................. 39

Schedule Dictionary ................................................................................................ 41


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Local Law No. 10 (Bathing Reserves) 2004

Council of the City of Gold Coast Local Law No. 10 (Bathing Reserves) 2004


This local law may be cited as Local Law No. 10 (Bathing Reserves) 2004.

2 Objects The objects of this local law are to—

(a) provide for the supervision and regulation of bathing reserves; and

(b) provide for the surveillance of bathing reserves by life-saving patrols; and

(c) regulate conduct in bathing reserves so as to enhance public safety, convenience and amenity and in particular—

(i) the use of aquatic and other equipment in bathing reserves; and

(ii) the erection of notices, signs and structures generally in bathing reserves; and

(d) restrict the economic scope of the conduct of commercial activities in bathing reserves, where such activities are permitted, in recognition of the fact that such activities may otherwise enjoy an unfair commercial advantage over competitive activities conducted from fixed premises in the area for which rates and other charges are paid, and to which planning and other regulatory legislation applies; and

(e) provide for, and encourage public access to, and use and enjoyment of, bathing reserves for both active and passive recreation, while ensuring that such access use and enjoyment occurs consistently with the preservation and enhancement of public safety and amenity and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time); and

(f) restrict the conduct of commercial activities in bathing reserves to activities which are of economic significance to the area and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time), in recognition of the need to—


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(i) prevent or minimise environmental harm in bathing reserves; and

(ii) preserve and enhance public safety and amenity in bathing reserves.

3 Definitions—the dictionary The dictionary in the Schedule (Dictionary) defines particular words used in this local law.

Part 2 Bathing reserves

Division 1 Designation of bathing reserves

4 Signs indicating existence of bathing reserve (1) If the local government proposes to regulate the use of a bathing reserve under

this local law, the local government must erect and maintain signs, in prominent positions on or adjacent to the foreshore, to indicate the existence of the bathing reserve.

(2) Signs must be erected at the lateral boundaries of the bathing reserve indicating the position of the boundaries.

(3) The signs must face both seawards and shorewards.

5 Compliance with Australian standards (1) The flags and signs to be used for the purposes of this local law should comply

with any relevant Australian Standard issued or approved by the Standards Association of Australia.

(2) However, non-compliance with an applicable standard does not invalidate anything done under this local law.

Division 2 Bathing areas

6 Bathing areas (1) An authorised person may mark out a bathing area within a bathing reserve.

(2) The area selected as a bathing area must be the part of the bathing reserve that is, in the authorised person's opinion, the safest and most suitable for bathing in view of the prevailing conditions.

(3) The bathing area is marked out by placing two patrol flags at different points on or adjacent to the foreshore.

(4) The bathing area consists of the area defined by—


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(a) an imaginary line between the two flags; and

(b) lateral boundaries extending seaward from each flag at right angles from the imaginary line; and

(c) an outer boundary 400m seaward of the low water mark at ordinary spring tides.

(5) An authorised person may, in view of prevailing conditions, change the boundaries of a bathing area by changing the position of the patrol flags.

(6) Patrol flags must not be exhibited if the bathing area is not under surveillance by a life-saving patrol.

7 Flags to inform bathers about prevailing conditions (1) If an authorised person marks out a bathing area, the authorised person may

exhibit in a prominent position on or adjacent to the foreshore—

(a) a yellow flag warning bathers to use particular caution in view of prevailing conditions; or

(b) a green flag indicating that, in the authorised person's opinion, conditions for bathing are normal.

(2) An authorised person may, in view of prevailing conditions, substitute a green flag for a yellow flag or a yellow flag for a green flag.

8 Closure of bathing reserve (1) An authorised person may close a bathing reserve, or part of a bathing reserve,

to bathing by erecting in a prominent position on or adjacent to the foreshore—

(a) a red flag; and

(b) other appropriate signs indicating that the reserve, or the relevant part of the reserve, is closed to bathing.1

(2) If patrol flags marking out a bathing area have been placed in position, the patrol flags must be removed on closure of the bathing reserve or a part of the bathing reserve in which the bathing area is situated.

(3) A person must not bathe in a bathing reserve or part of a bathing reserve, while the reserve or the relevant part of the reserve is closed to bathing.


1 Although this local law does not require strict compliance with Australian Standard No. 2416 (Design and Application of Water Safety Signs), that standard should, where practicable, be complied with.


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Division 3 Reservation for training

9 Reservation for training (1) An authorised person may—

(a) temporarily set apart the whole or a part of a bathing reserve for life-saving training; and

(b) impose restrictions on access to the area set apart.

(2) However an authorised person may not set apart any part of a bathing reserve for life-saving training exclusively.

(3) An area set apart under subsection (1)(a), and the restrictions applying to access, must be clearly indicated by signs erected in prominent positions on the bathing reserve.

Part 3 Regulation of bathing reserves 10 Regulation of business

(1) A person (other than the local government) must not carry on a business or associated activity on an excluded bathing reserve, unless the business is—

(a) a permitted business that is not a prohibited permitted business; and



(2) A person (other than the local government) must not carry on a business on a bathing reserve, which is not an excluded bathing reserve unless the business is—

(a) a permitted business; and



11 Designation of excluded bathing reserves (1) The local government may, by subordinate local law—


(b) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a permitted


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business or a permitted business of a specified type (a prohibited permitted business)—



(iii) during specified hours on specified days; and

(c) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a regulated activity, other than a permitted business, of a specified type (a prohibited regulated activity) —



(iii) during specified hours on specified days.



12 Prescribing bathing reserve as excluded bathing reserve (1) If the local government makes a designation under section 11(1)(a) by

subordinate local law, the subordinate local law must include the information specified in section 11(3).

(2) If the local government makes a designation under section 11(1)(b) by subordinate local law, the subordinate local law must specify, for the designation—

(a) the permitted business, or specified type of permitted business, that must not be carried on in the excluded bathing reserve; and

(b) the times or days during which a permitted business, or specified type of permitted business, must not be carried on in the excluded bathing reserve.

(3) If the local government makes a designation under section 11(1)(c) by subordinate local law, the subordinate local law must specify, for the designation—

(a) the regulated activity or activities that must not be carried on in the excluded bathing reserve; and


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(b) the times or days during which the regulated activity or activities must not be carried on in the excluded bathing reserve.

13 Prohibited conduct (1) Whilst in a bathing reserve a person must not—

(a) light or maintain a fire in a bathing reserve unless—

(i) the fire is in a fire place established by the local government for the purpose; or

(ii) the fire is authorised by a notification under section 63 or a permit under section 65, or required by a notification or notice under section 69 of the Fire and Emergency Services Act 1990; or

(b) remove turf, sand, clay, soil or other material from a bathing reserve; or

(c) remove, interfere or damage any infrastructure, facility or equipment in a bathing reserve; or

(d) bring an object which is dangerous or has the potential to be dangerous (including dangerous aquatic equipment) into a bathing reserve within 15 metres of a bathing area unless authorised under another section of this local law; or

(e) have prohibited equipment in a bathing reserve; or

(f) discharge or carry a firearm or other weapon or any kind of explosive device; or

(g) throw a stone, projectile or other missile; or

(h) use offensive or indecent language or behaviour; or

(i) hit a golf ball; or

(j) enter that part of a public convenience in a bathing reserve set aside for use by persons of the opposite gender unless that person is responsible for a child of that gender using that part of the public convenience at that time; or

(k) carry out any activity or behave in a manner reasonably likely to offend another person; or

(l) interfere with a plant; or

(m) interfere with or feed an animal, which is not a domestic animal, other than in the course of lawful fishing or removing an injured animal to a place of lawful sanctuary; or


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(n) interfere with a sign or notice; or

(o) dispose of any rubbish of any kind other than in a waste container provided for that purpose; or

(p) deposit, store or abandon any goods; or

(q) otherwise do any act or omit to do any act which pollutes, fouls, litters or interferes with a bathing reserve or a facility; or

(r) carry out an activity specified in a subordinate local law as a prohibited activity.

Examples of subsection (d) dangerous objects—

• A performance kite that may plummet suddenly into the sand.

• equipment with projections liable to cause injury to bathers.


(2) Whilst in a bathing reserve a person must not use bathing equipment, aquatic equipment or anything else in a bathing reserve in a way that creates a risk to the safety of others.


(3) Whilst in a bathing reserve a person must not—

(a) behave in a riotous, disorderly, indecent, offensive, threatening or insulting manner; or

(b) carry out any activity or behave in a manner reasonably likely to injure, endanger, obstruct, inconvenience or cause fear or excessive annoyance to another person; or

(c) carry out an activity prohibited in a subordinate local law.


(4) Subsection (1) has effect subject to—

(a) the Peaceful Assembly Act 1992; and

(b) the Police Powers and Responsibilities Act 2000.

(5) Subsection (1)(d) does not apply to life-saving equipment used for surveillance of the bathing reserve or to assist bathers in distress by—

(a) members of a life-saving patrol; or

(b) a lifeguard.


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(6) Subsection (1)(e) does not apply—

(a) if, in the case of an emergency, the use of certain prohibited equipment is necessary; or

(b) if the use of the prohibited equipment has been approved by the local government and the prohibited equipment is being used in accordance with that approval; or

(c) in other circumstances excluded under a subordinate local law from the application of this section.

(7) A person (other than the local government) must not, without the prior written consent of the local government, carry out development, including erecting a facility in, on, across or over a bathing reserve.

Maximum penalty for subsection (7) – 400 penalty units.

14 Regulated conduct (1) A person must not, unless authorised by a permit, a sign exhibited in the

bathing reserve or a subordinate local law, use a bathing reserve for the purpose of—

(a) camping; or

(b) occupying or remaining overnight in a bathing reserve; or

(c) operating a drone or a model aircraft propelled by a motor; or

(d) operating a model boat propelled by a petrol powered motor; or

(e) operating a generator or other engine driven equipment (other than a motor vehicle); or

(f) using, storing or possessing fireworks; or

(g) using any megaphone, sound amplifier, radio, loud speaker or any other means of mechanically, electrically or artificially increasing or reproducing sound; or

(h) undertaking scientific research on a plant or animal; or

(i) exhibiting a sign; or

(j) conducting aircraft operations; or

(k) using electric power from a power point; or

(l) conducting a social gathering of more than 50 people (other than a marriage ceremony); or


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(m) conducting a meeting (including a religious service) of more than 50 people; or

(n) conducting a club training activity involving more than 50 people; or

(o) erecting or installing a facility, other than erecting a facility that is carrying out development under the Sustainable Planning Act 2009 chapter 6, in, on, across or over a bathing reserve; or

(p) conducting or taking part in an organised sporting activity of local, State, regional or national significance; or

(q) any other activity specified in a subordinate local law.


(2) If a facility is erected or installed in, on, across or over a bathing reserve in contravention of subsection (1)(o), the facility becomes the property of the local government.

(3) Notwithstanding subsection (2), if an approval, granted by the local government under this local law or another law, makes other provisions about ownership of a facility erected or installed under the approval, the provisions of the approval prevail.

15 Shark alarms (1) If a shark alarm is given, a person within a bathing reserve must—

(a) leave the water as soon as practicable; and

(b) not enter or re-enter the water until the all-clear is given.


(2) A shark alarm is given by the prolonged sounding of a siren and the all-clear is given by a short sounding of the siren or use of the public address system.

(3) A shark alarm and the all-clear may also be given in ways recognised by SLSQ.

Example—

The shark alarm may be given by holding up a red and white quartered flag and the all-clear may be given by taking down the flag when the danger has passed.

16 False alarms A person must not, without the authority of an authorised person—

(a) give a shark alarm or do anything likely to be reasonably interpreted as a shark alarm; or


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(b) give the all-clear after a shark alarm or do anything likely to be reasonably interpreted as the all-clear after a shark alarm.


17 Interference with flags and life-saving equipment (1) A person must not, without the approval of an authorised person, damage,

destroy or interfere with a sign or flag erected or placed under this local law.


(2) A person must not, without the approval of an authorised person, interfere with life-saving equipment on a bathing reserve.


(3) A person must not, without the approval of an authorised person, enter a part of a bathing reserve which has been enclosed for the exclusive use of the members of a life-saving patrol.


Part 4 Aquatic equipment, land yachts, vessels and wind powered craft

18 Prohibition on use of aquatic equipment, vessels and wind powered craft in bathing areas (1) A person must not use aquatic equipment, a vessel or wind powered craft in a

bathing area.


(2) A person must not allow aquatic equipment, a vessel or wind powered craft to enter a bathing area.


(3) However—

(a) this section does not prevent the use of aquatic equipment or a vessel if its use is authorised under some other law; and

(b) bathing equipment may be used in a bathing area; and

(c) an authorised person may authorise the use of aquatic equipment in a bathing area if the use is necessary at the time of the authorisation; and

Example—

The use may be authorised in an emergency situation to assist bathers in distress.


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(d) if an authorised person authorises the use of aquatic equipment or a vessel in a bathing area in accordance with subsection 3(c), the equipment or vessel, as the case may be, may be used subject to conditions fixed by the authorised person when giving the authorisation; and

(e) life-saving equipment may be used in a bathing area for surveillance of the bathing area or to assist bathers in distress by—

(i) members of a life-saving patrol; or

(ii) a lifeguard.

(4) If subsection (3) does not apply and a person uses aquatic equipment or a vessel in a bathing area an authorised person may direct the person to take specified action to remove the aquatic equipment or vessel, as the case may be, from the bathing area.

(5) A person must not fail to comply with a direction given under subsection (4).


19 Restrictions on use of aquatic equipment, land yachts, vessels and wind powered craft in bathing reserves (1) Subject to subsection (2), a person may use aquatic equipment in a bathing

reserve.

(2) A person must not use aquatic equipment in a bathing reserve within 15m of a bathing area.


(3) A person must not use a land yacht in a bathing reserve.


(4) Subject to subsection (5), a person must not use a vessel in that part of a bathing reserve which is less than 400m seawards of low water mark at ordinary spring tides.


(5) Subject to subsection (7), a person must not use a vessel for tow-in surfing or power assisted surfing in a bathing reserve if the vessel is operated within—

(a) 400m seaward of the low water mark at ordinary spring tides; or

(b) 200m of a swimmer or a person using aquatic equipment or a wind powered craft.



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(6) A person must not use wind powered craft in a bathing reserve within 150m of the lateral boundaries of the bathing area or 200m seaward of the low water mark of a bathing area.


(7) However this section does not prevent the use in a bathing reserve of—

(a) aquatic equipment, a land yacht, a vessel or wind powered craft if its use is—

(i) authorised or required in the performance of an express duty, express power, or approval under some other law; or

(ii) authorised by a permit granted under part 5 of this local law; or

(iii) authorised under a subordinate local law; or

(iv) authorised under another section of this local law; or

(b) life-saving equipment if it is being used for training, the surveillance of the bathing reserve or to assist bathers in distress by—

(i) members of a life-saving patrol; or

(ii) a lifeguard; or

(c) an essential services vessel if it is being used to provide the service for which it is designed or ordinarily used; or

(d) a vessel if—

(i) it is being used by the holder of a licence, permit or authority issued under the Fisheries Regulation 2008 in the exercise of the rights of the holder under the licence, permit or authority, as the case may be; or

(ii) it is being used for tow-in surfing or power assisted surfing when the beach is closed due to extreme weather conditions and it is not operated within 200m of any aquatic equipment, wind powered craft or swimmers.

(8) Notice of the prohibitions and restrictions imposed under subsections (2), (3), (4), (5) and (6) must be included on—

(a) reserve signs or on notices adjacent to the reserve signs; and

(b) signs erected adjacent to each public marine facility in the area.

(9) An authorised person may direct a person to take specified action to remove from a bathing reserve—


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(a) aquatic equipment if the person uses the equipment in the bathing reserve contrary to subsection (2); or

(b) a land yacht if the person uses the yacht in the bathing reserve contrary to subsection (3); or

(c) a vessel if the person uses the vessel in a bathing reserve contrary to subsection (4); or

(d) a vessel for tow-in surfing or power assisted surfing if the person uses the vessel in a bathing reserve contrary to subsection (5); or

(e) a wind powered craft if the person uses the wind powered craft in a bathing reserve contrary to subsection (6).

(10) A person must not fail to comply with a direction given under subsection (9).


20 Reservation of areas for use of aquatic equipment (1) Subject to section 19(2), an authorised person may temporarily set apart a

particular part of a bathing reserve for the use of aquatic equipment of a particular type.

(2) A part of the bathing reserve set apart under this section must be defined by signs and flags or in some other way that clearly indicates the relevant part of the reserve and the use for which it is set apart.

(3) If a part of a bathing reserve is set apart for the use of aquatic equipment of a particular type under this section, a person must not use aquatic equipment, in the relevant part of the reserve, that is not of the type for which the relevant part of the reserve is set apart.


Part 5 Permits 21 Requirement for a permit

(1) A person, other than the local government, must not use a bathing reserve or any part of a bathing reserve for a regulated activity unless authorised by—

(a) this local law; or

(b) a permit granted pursuant to section 23 (Grant of a permit) of this local law.


(2) Notwithstanding subsection (1), a permit is not required under this local law if—


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(a) a subordinate local law specifies that a permit is not required in respect of the undertaking of the regulated activity; or

(b) the operation of the regulated activity is authorised by an approval by a Local Government Act or required by a Local Government Act in the performance of an express duty or the discharge of an express power.

Example—

A regulated activity which is development for which a development permit has been issued under the Sustainable Planning Act 2009 does not require a permit under this local law. A permit under this local law does not authorise an activity that requires a development permit under the Sustainable Planning Act 2009.

(3) Notwithstanding subsection (1), the holder of the permit must not undertake the regulated activity until all approvals required under legislation in respect of the regulated activity have been obtained.

22 Application for a permit (1) An application for a permit must be—

(a) made by the person who will be undertaking the regulated activity; and




(ii) evidence that all approvals under the Local Government Acts required for undertaking the regulated activity have been obtained; and

(iii) full details of the undertaking of the regulated activity which may include—

(A) plans and specifications unless otherwise required by the local government; and

(B) details of any adverse environmental impact the regulated activity is likely to have on the bathing reserve; and

(C) details of any adverse impact the regulated activity is likely to have on the area surrounding the bathing reserve; and

(D) details of how and when existing facilities in the bathing reserve will be used for the purposes of the regulated activity; and


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(E) details of how the regulated activity is likely to have an adverse impact on the safety of persons who participate in the activity or the general public; and

(F) details of all equipment the applicant proposes to use in respect of the regulated activity; and

(G) details of the commencement and duration of the regulated activity; and



(a) in an emergency; or

(b) if there are special reasons for dispensing with the requirement; or

(c) in the circumstances specified in a subordinate local law.

23 Grant of a permit (1) The local government may grant a permit authorising the use of a bathing

reserve or a particular part of a bathing reserve for a regulated activity if satisfied that the undertaking of the regulated activity—

(a) will not result in harm to human health or safety or personal injury; and

(b) will not result in property damage or a loss of amenity; and

(c) will not result in environmental harm or environmental nuisance; and

(d) will not result in a nuisance; and

(e) will not result in the unsafe movement or obstruction of traffic or the unsafe use of a road; and

(f) complies with the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; and

(g) complies with the assessment criteria; and

(h) complies with the prescribed criteria; and

(i) will be consistent with the objects of this local law; and

(j) is appropriate in the bathing reserve; and

(k) can adequately be catered for by the facilities in the bathing reserve; and


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(l) will allow sufficient time between (before and after) the undertaking of another regulated activity —

(i) for the maintenance, repair or rehabilitation of the bathing reserve and any areas adjacent to the bathing reserve; and

(ii) such that it does not adversely impact on the surrounding community and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan.


(a) inspect any premises, vehicle, equipment, animal, plant or thing to be involved in the undertaking of the regulated activity; and

(b) measure, weigh, sample, test, photograph, videotape or otherwise examine anything that may be inspected; and

(c) request any further information or material which is required to assess the application.


(a) the local government may have regard to the results of any periodic inspection, testing or monitoring program undertaken in respect of the undertaking of the regulated activity; and

(b) the local government may have regard to the applicant’s antecedents in terms of compliance or otherwise with this local law; and

(c) the local government is not obliged to look beyond—



(4) A subordinate local law may specify criteria with which the regulated activity must comply, or will ordinarily be expected to comply.

24 Term of a permit (1) A permit granted by the local government is for a term—

(a) specified in the permit; or

(b) otherwise specified in a subordinate local law.


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(2) If a time is not specified on the permit under subsection (1), the permit expires at the end of the day of the term specified in subsection (1) of this local law.

25 Conditions of a permit (1) A permit may be granted by the local government on conditions the local

government considers appropriate.


(a) require the holder of the permit to take specified measures to—

(i) prevent harm to human health or safety of persons who may be involved in or affected by the undertaking of the regulated activity; and

(ii) prevent personal injury, property damage or a loss of amenity resulting from the undertaking of the regulated activity; and

(iii) ensure that the undertaking of the regulated activity does not cause environmental harm or environmental nuisance; and

(iv) ensure that the undertaking of the regulated activity does not cause a nuisance; and

(v) ensure that the undertaking of the regulated activity does not cause the unsafe movement or obstruction of traffic or the unsafe use of a road; and

(vi) ensure that there is compliance with the provisions of the Local Government Acts that regulate the undertaking of the regulated activity; and

(vii) ensure that the undertaking of the regulated activity complies with the assessment criteria; and

(viii) ensure that the undertaking of the regulated activity complies with the prescribed criteria; and

(b) require compliance with specified safety requirements; and

(c) require the holder of the permit to carry out specified work; and

(d) regulate the specified hours and specified days during which the regulated activity must be undertaken or operated; and

(e) specify the standards with which the undertaking of the regulated activity must comply; and

(f) require the holder of the permit to give the local government a specified indemnity and to take out specified insurance; and


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(g) require the holder of the permit to take out specified insurance indemnifying a person who may suffer personal injury, loss or damage, as a result of the undertaking of the regulated activity; and

(h) produce evidence of the existence and currency of any insurance taken out after receipt of a written request from an authorised person; and

(i) require the holder of the permit to exhibit a specified sign containing a warning notice and to take other specified precautions; and

(j) require the holder of the permit, if the holder of the permit is a minor, to be accompanied by a person who is concerned with the care or welfare of the minor, such as a parent or legal guardian; and

(k) require the holder of the permit to notify the local government within a period specified in the permit that the holder of the permit is no longer undertaking the regulated activity or is undertaking the regulated activity other than in accordance with the permit; and

(l) require the certification by a person specified by the local government of a vehicle, equipment, animal, plant or thing involved in the undertaking of the regulated activity; and

(m) require the giving of a security or bond to secure compliance with the permit and the provisions of this local law; and

(n) require records to be kept at a place and for a time specified in the permit or a subordinate local law; and

(o) require the holder of the permit to prepare, provide, undertake or comply with a periodic inspection, monitoring or management program in respect of the undertaking of the regulated activity; and

(p) require that the number of persons involved in the undertaking of the regulated activity is not to exceed a number specified by the local government; and

(q) require the holder of the permit to define the area the subject of the permit by signs, flags and floating buoys or in some other way that clearly indicates the area the subject of the permit and the use for which it is set apart; and

(r) require the holder of the permit to properly maintain all equipment and facilities used by the holder of the permit within the area the subject of the permit; and

(s) require the holder of the permit, where the holder of the permit is granted the right to use a bathing reserve or a particular part of a bathing reserve on a nonexclusive basis, to make facilities installed under the permit available for use by the public at specified times or over specified periods; and


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(t) require the holder of the permit, where the holder of the permit is granted the right to use a bathing reserve or a particular part of a bathing reserve for a specified event on a commercial basis, to make facilities installed under the permit available for use by patrons of the event at specified times or over specified periods; and

(u) require the holder of the permit to provide temporary toilet facilities at a rate of one toilet per 80 people who attend the area the subject of the permit for the regulated activity; and

(v) require the holder of the permit to remove any barrier or other structure placed or erected on the bathing reserve at the conclusion of the regulated activity; and

(w) require the holder of the permit to collect and properly dispose of all waste and rubbish at the conclusion of the regulated activity.

(3) The local government may specify by subordinate local law, the conditions that must be imposed in a permit or that will ordinarily be imposed in a permit for the undertaking of a regulated activity.

26 Power to change the conditions of a permit (1) The local government may change a condition of a permit if2—

(a) the holder of the permit agrees to the proposed change; or

(b) the change is urgently necessary to prevent—



(iii) environmental harm or environmental nuisance; or

(iv) a nuisance; or

(v) the unsafe movement or obstruction of traffic or the unsafe use of a road; or

(c) the change is necessary to ensure that the undertaking of the regulated activity complies with the prescribed criteria.

(2) If the local government is satisfied it is necessary to change a condition of a permit, the local government must—

(a) give the holder of the permit a written notice stating—

(i) the proposed change and the reason for the change; and 2 A change to a condition of a permit includes a change by omission, substitution or addition (see section 36 (Meaning of commonly used words and expressions) of the Acts Interpretation Act 1954).


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(ii) that the holder of the permit may make written representations to the local government about the proposed change; and

(iii) the time (at least 15 business days after the written notice is given to the holder of the permit) within which the written representations may be made; and

(b) consider any written representations made by the holder of the permit within the time stated in the written notice.


(a) if the local government is not satisfied the change is necessary a written notice stating that it has decided not to change the condition; or

(b) if the local government is satisfied that the change is necessary – a written notice stating that it has decided to change the condition including details of the changed condition.

(4) The changed condition takes effect from the day the written notice was given to the holder of the permit—

(a) under subsection (2)(a), if no written representations are made by the holder of the permit within the time stated in the written notice; or

(b) under subsection (3)(b) if written representations are made by the holder of the permit within the time stated in the written notice and the local government decides that the change is necessary.

27 Amendment, renewal or transfer of a permit (1) The holder of a permit may make an application to the local government to—

(a) amend the permit; or

(b) renew the permit; or

(c) transfer the permit to another person.

(2) An application to amend, renew or transfer a permit must be—

(a) made by the holder of the permit; and


(c) accompanied by the prescribed fee and such other information as is requested by the local government; and


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(d) accompanied by, in the case of a transfer of the permit, the consent of the person to whom the permit will be transferred.

(3) The local government may renew or transfer a permit—

(a) if the undertaking of the regulated activity complies with the conditions of the permit and the provisions of this local law; and

(b) subject to such conditions the local government considers appropriate.


(a) if the undertaking of the regulated activity complies with the criteria specified in section 23(1) of this local law; and

(b) subject to such conditions as the local government considers appropriate.

(5) The local government must not amend a permit that has been granted for a specific location if the amendment is to the location of where the regulated activity is to be undertaken.

(6) For the purposes of determining whether the criteria specified in subsections (3) and (4) have been satisfied, the local government is not obliged to look beyond—

(a) any information or materials submitted to the local government in respect of the application; and

(b) any other information held by the local government which is relevant to the application.

28 Renewal of a permit (1) The local government is taken to have requested the holder of a permit to

renew the permit by giving to the holder of the permit a written notice.

(2) The holder of a permit is taken to have made an application to the local government to renew the permit—

(a) if the written notice requires the payment of a prescribed fee, upon the payment of the prescribed fee; or

(b) if the written notice does not require the payment of a prescribed fee, if the local government is not otherwise notified by the holder of the permit within 30 days of the issue of the written notice.

(3) The local government may renew a permit—

(a) if the undertaking of the regulated activity complies with the conditions of the permit and the provisions of this local law; and


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(b) if satisfied that any requirement specified in the written notice given by the local government pursuant to subsection (1) has been complied with; and

(c) subject to the conditions of the permit unless otherwise determined by the local government; and

(d) subject to such conditions as the local government considers appropriate.

(4) For the purposes of determining whether the criteria specified in subsection (3)(a) have been satisfied, the local government is not obliged to look beyond—

(a) any information or material submitted to the local government in respect of the renewal of the permit; and

(b) any other information held by the local government which is relevant to the renewal of the permit.

(5) If the local government renews a permit subject to conditions pursuant to subsections 3(c) or 3(d), the local government must—

(a) when giving the holder of the permit a written notice pursuant to subsection (1), give the holder of the permit a written notice stating—

(i) the proposed conditions of the permit; and

(ii) that the holder of the permit may make written representations to the local government about the proposed conditions of the permit; and

(iii) the time (at least 15 business days after the written notice is given to the holder of the permit) within which the written representations may be made; and

(b) consider any written representations made by the holder of the permit within the time stated in the written notice; and

(c) after considering any written representations made by the holder of the permit, give to the holder of the permit—

(i) if the local government is satisfied the condition is not necessary – a written notice stating that it has decided not to impose the conditions; or

(ii) if the local government is satisfied that the condition is necessary – a written notice stating that it has decided to impose the conditions.


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29 Cancellation of a permit (1) The local government may cancel a permit if—

(a) the holder of the permit agrees to the cancellation; or

(b) the holder of the permit contravenes—



(c) the undertaking of the regulated activity does not comply with—

(i) the provisions of the Local Government Acts that regulate the undertaking of the regulated activity or


(d) the permit was granted on the basis of false, misleading or incomplete information; or

(e) changes in circumstances since the permit was granted make the continued operation of the permit inappropriate.

(2) The local government may specify by subordinate local law the changes in circumstances since a permit was granted that makes the continued operation of the permit inappropriate.

(3) If the local government is satisfied it is necessary to cancel a permit, the local government must—

(a) give the holder of the permit a written notice stating—

(i) the reason for the proposed cancellation; and

(ii) that the holder of the permit may make written representations to the local government about the proposed cancellation; and

(iii) the time (at least 15 business days after the written notice is given to the holder of the permit) within which written representations may be made; and

(b) consider any written representations made by the holder of the permit within the time stated in the written notice.



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(a) if the local government is not satisfied that the cancellation is necessary – a written notice stating it has decided not to cancel the permit; or

(b) if the local government is satisfied that the cancellation is necessary – a written notice stating it has decided to cancel the permit.

(5) Before the local government cancels a permit under subsection (4), the local government must consider the impact of the cancellation of the permit, other than a financial impact on the holder of the permit, on those persons who would be affected by the regulated activity ceasing to be undertaken.

(6) The cancellation of the permit takes effect from the day the written notice was given to the holder of the permit—

(a) under subsection (3)(a), if no written representations are made by the holder of the permit within the time stated in the written notice; or

(b) under subsection (4)(b), if written representations are made by the holder of the permit within the time stated in the written notice and the local government decides that the cancellation is necessary.

(7) When the local government has cancelled a permit, the holder of the permit must cease to undertake the regulated activity immediately.


30 Suspension or cancellation of permit in exceptional circumstances (1) This section applies if an authorised person reasonably believes that

circumstances causing, or likely to cause, an immediate risk to the health and safety of users of a bathing reserve have arisen, or are likely to arise, as a result of the use of the bathing reserve or a particular part of the bathing reserve by the holder of a permit granted under this local law in accordance with the permit.

(2) An authorised person may direct the holder of the permit that caused, or is likely to cause, the circumstances to stop using, or allowing to be used, the bathing reserve or the particular part of the bathing reserve, as the case may be, as authorised by the permit.

Example—

A direction may be given requiring the holder of a use permit to stop using a bathing reserve or a particular part of a bathing reserve for the activity specified in the permit if an authorised person reasonably believes that an immediate risk to health and safety has arisen as a result of the holder of the permit using the bathing reserve or the particular part of the bathing reserve for the use specified in the permit.

(3) The direction may be given orally, but must be confirmed by written notice (a prohibition notice) given to the holder of the permit as soon as practicable.

(4) A person must comply with the direction or prohibition notice.


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(5) Subsection (2) does not apply to an activity or procedure necessary to rectify the circumstances.

(6) A prohibition notice must state—

(a) that the authorised person believes that circumstances causing, or likely to cause, an immediate risk to the health and safety of users of the bathing reserve or a particular part of the bathing reserve, as the case may be, have arisen, or are likely to arise; and

(b) briefly, the circumstances that have caused or are likely to cause the risk; and

(c) if the authorised person believes the circumstances involve a contravention, or likely contravention, of a provision of this local law or a condition of the permit granted under this local law – the provision or condition contravened or likely to be contravened; and

(d) the circumstances (if any) under which the notice will be lifted.

(7) The local government may cancel a permit if the cancellation is urgently necessary to prevent—

(a) harm to human health or safety or personal injury; or

(b) property damage; or

(c) environmental harm or environmental nuisance; or

(d) the unsafe use of a bathing reserve or part of the bathing reserve.

31 Direction to leave area the subject of permit (1) This section applies if—

(a) a permit is granted by the local government; and

(b) the permit sets apart for the exclusive use of the holder of the permit, a bathing reserve or a particular part of a bathing reserve; and

(c) the permit allows the holder of the permit to impose restrictions on access to the bathing reserve or the particular part of the bathing reserve, as the case may be, which is set apart for the exclusive use of the holder of the permit; and

(d) the bathing reserve or the particular part of the bathing reserve, as the case may be, is set apart for the exclusive use of the holder of the permit and the restrictions applying to access are clearly indicated by signs erected in prominent positions on the bathing reserve or the particular part of the bathing reserve, as the case may be.


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(2) Subject to subsection (1), if a person enters the bathing reserve or the particular part of the bathing reserve, as the case may be, which is set apart for the exclusive use of the holder of the permit, an authorised person may direct the person to leave the bathing reserve or the particular part of the bathing reserve, as the case may be.

(3) A person must comply with a direction under subsection (2).


32 General compliance provision (1) The holder of an approval must ensure that the conditions of the approval are

complied with.


(2) The holder of an approval and any person undertaking a regulated activity must ensure that the undertaking of the regulated activity—

(a) does not result in harm to human health or safety or personal injury; and

(b) does not result in property damage; and

(c) does not result in environmental harm or environmental nuisance; and

(d) does not result in a nuisance; and

(e) does not result in the unsafe use of a bathing reserve; and

(f) complies with the prescribed criteria.


Part 6 Enforcement 33 Records to be kept

A subordinate local law may specify any records that are required to be kept for the undertaking of the regulated activity.

34 Inspection, monitoring or management program A subordinate local law may specify any inspection, monitoring or management program required to be kept for the undertaking of the regulated activity.


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Part 7 Life-saving clubs 35 Recognised life-saving clubs

(1) The local government may, after consultation with interested life-saving clubs, assign to a life-saving club the responsibility for patrolling a bathing reserve or a particular part of a bathing reserve.

(2) The responsibility—

(a) may be assigned on conditions the local government considers appropriate; and

(b) may only be assigned with the agreement of the club to which the responsibility is to be assigned.

Example of paragraph (a)—

The local government may impose a condition that the recognised life-saving club effect and maintain in force at all times specified insurance noting the local government's interest as an insured party against claims by persons who may suffer personal injury, or loss or damage, as a result of the activity of patrolling the bathing reserve or a particular part of the bathing reserve.

(3) The local government may only assign responsibility for patrolling a white water area to a life-saving club affiliated with SLSQ.

36 Facilities for life-saving patrols A recognised life-saving club may, with the local government's written approval—

(a) enclose a part of a bathing reserve for the exclusive use of members of life-saving patrols; and

(b) on a temporary basis, place a life-saving tower on a bathing reserve for the exclusive use of members of life-saving patrols.

37 Distinctive clothing (1) A member of a life-saving patrol must wear a distinctive uniform—

(a) appropriate to the member’s rank; and

(b) approved by SLSQ.

(2) If a member of a life-saving patrol is a patrol captain the uniform must include a hat or cap bearing the words patrol captain or otherwise clearly identify the member as a patrol captain.

(3) A lifeguard must wear a distinctive uniform approved by the local government including a hat or cap bearing the word lifeguard.


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Part 8 Authorised persons

Division 1 Authorised persons

38 Conflict with Local Law No. 3 (Administration) 2008 Where there is an inconsistency between Part 4 (Powers of council officers) of Local Law No. 3 (Administration) 2008 of the local government and this part of this local law, the latter will apply.

39 Who are authorised persons (1) The following persons are authorised persons for this local law—

(a) a person who holds the rank of captain in a life-saving patrol; and

(b) a lifeguard while he or she holds that position; and

(c) a person who is an authorised person under a subordinate local law; and

(d) a person appointed as an authorised person for this local law under this section.

Example of paragraph (c)—

The subordinate local law might provide that a person who holds a particular rank in a life-saving patrol is an authorised person.

(2) A local government may appoint any of the following persons as authorised persons for this local law—

(a) employees of the local government; and

(b) other persons who are eligible for appointment as authorised persons under Chapter 6 (Administration), Part 6 (Authorised persons) of the Local Government Act 2009.

(3) An appointment of a person as an authorised person under this section must state the provisions for which the person is appointed as an authorised person.

(4) However, a person may be appointed as an authorised person under this section only if—

(a) the local government considers the person has the necessary expertise or experience for the appointment; or

(b) the person has satisfactorily finished training approved by the local government for the appointment.


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40 Limitation on authorised person's powers An authorised person's powers may be limited in the person’s instrument of appointment or under a subordinate local law.

Example—

The powers of an authorised person who holds the rank of captain in a life-saving patrol may be limited such that the person can only exercise the powers of an authorised person in a bathing area as distinct from a bathing reserve or alternatively the powers of an authorised person in particular sections of this local law.

41 Authorised person's appointment conditions (1) An authorised person holds office on the conditions stated in the instrument of

appointment or a relevant subordinate local law.

Example—

The instrument of appointment or subordinate local law might provide that if there is any conflict between an authorised person who is a lifeguard and an authorised person who is a patrol captain regarding the way the powers of an authorised person should be exercised under this local law, the powers shall be exercised as directed by the lifeguard.

(2) An authorised person—

(a) if the instrument or subordinate local law provides for a term of appointment – ceases holding office at the end of the term; and

(b) if appointed as an authorised person – may resign by signed notice of resignation given to the local government; and

(c) if the person holds a particular rank or position, and is an authorised person under a subordinate local law because he or she holds the relevant rank or position – ceases holding office as an authorised person on ceasing to hold the relevant rank or position; and

(d) if the conditions of appointment provide – ceases holding office as an authorised person on ceasing to hold another office stated in the appointment conditions (main office).

(3) However, an authorised person may not resign from the office of authorised person (secondary office) under subsection (2)(b) if a term of the authorised person's employment to the main office requires the authorised person to hold the secondary office.

42 Authorised person's identity card (1) Each authorised person must hold an identity card issued by the local

government or a recognised life-saving club.

(2) An identity card issued by the local government must—

(a) contain a recent photograph of the authorised person; and


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(b) be signed by the authorised person; and

(c) identify the person as an authorised person for the local government; and

(d) include an expiry date.

(3) An identity card issued by a recognised life-saving club must—

(a) contain a recent photograph of the authorised person or state the authorised person's date of birth or be allocated a unique identification number; and

(b) identify the person as an authorised person for the life-saving club; and

(c) include an expiry date.

(4) If a recognised life-saving club issues an identity card to an authorised person and the identity card (numbered identity card) is allocated a unique identification number, the life-saving club must keep a register of all numbered identity cards issued under subsection (1) (identity card register).

(5) The identity card register must—

(a) be open to public inspection; and

(b) contain the following details in respect of each numbered identity card issued by a recognised life-saving club—

(i) the unique identification number allocated to the identity card; and

(ii) if the recognised life-saving club issues the identity card to an authorised person – the full name of the authorised person and the term of appointment of the authorised person.

(6) A person who ceases to be an authorised person must return the person’s identity card to the local government or the life-saving club that issued it within 21 days after the person ceases to be an authorised person.


(7) This section does not prevent the giving of a single identity card to a person for this part and for other purposes.

43 Impersonation of an authorised person A person must not pretend to be an authorised person or a member of a life-saving patrol.



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44 Obstruction of authorised persons, life-savers and lifeguards (1) A person must not obstruct—

(a) an authorised person; or

(b) a member of a life-saving patrol; or

(c) a lifeguard.


(2) A person must not use insulting or abusive language to—

(a) an authorised person; or

(b) a member of a life-saving patrol; or

(c) a lifeguard.


45 Protection from liability (1) This section applies to—

(a) the local government; and

(b) an authorised person; and

(c) a person acting under the direction of or assisting an authorised person.

(2) Civil liability is not incurred for an act done or omission made honestly and without negligence under this local law.

(3) However, subsection (2) does not apply—

(a) if any injury, loss or damage was wilfully or negligently caused by a party mentioned in subsection (1); or

(b) if any injury occurred because the party mentioned in subsection (1) wilfully or negligently contravened section 50 (Powers of authorised persons on seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft).

Division 2 Powers of authorised persons

46 Power to remove or reduce danger (1) If a person brings an object onto a bathing reserve that may endanger the safety

of another, an authorised person may direct the person to take specified action to remove or reduce the danger.


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Example—

If a person brings a beach umbrella onto a bathing reserve and the umbrella appears likely to blow away, an authorised person might direct the person to take specified action to secure the umbrella.

(2) A person must comply with a direction under this section.


47 Power to stop dangerous and antisocial conduct (1) If a person behaves in a bathing reserve in a way that endangers the safety of or

causes a nuisance to, another person, an authorised person may direct the person to stop the behaviour.

Examples—

• Throwing a stone, projectile, missile or other object in a way that endangers the safety of or causes a nuisance to another.

• Hitting a golf ball in a way that endangers the safety of or causes a nuisance to another.

• Digging or displacing turf, sand, clay, soil or other material in a bathing reserve in a way that endangers the safety of or causes a nuisance to another.

• The operation of a model aircraft propelled by a motor in a way that endangers the safety of or causes a nuisance to another.

• The use of a compressor, generator, go-kart, toy, machine or other object in a bathing reserve in a way that causes a nuisance to another.



48 Power to require bathers to leave water (1) An authorised person may require a bather to leave the water if—

(a) the bathing reserve, or the relevant part of the bathing reserve, is closed to bathing; or

(b) a shark alarm has been given; or

(c) there is some other risk to the bather’s safety.




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Division 3 Seizure and disposal of property

49 Seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft (1) If a person has a dangerous object in a bathing reserve or uses or has used an

object (including aquatic equipment) in a bathing reserve in a dangerous way an authorised person may seize the object.

(2) An authorised person may seize aquatic equipment if a person—

(a) uses the aquatic equipment in a bathing area; or

(b) allows the aquatic equipment to enter a bathing area; and

(c) fails to comply with a direction given under section 18(4).

(3) An authorised person may also seize aquatic equipment if a person—

(a) uses the aquatic equipment in a bathing reserve contrary to section 19(2); and

(b) fails to comply with a direction given under section 19(9)(a).

(4) An authorised person may seize a land yacht if a person—

(a) uses the land yacht in a bathing reserve contrary to section 19(3); and

(b) fails to comply with a direction given under section 19(9)(b).

(5) An authorised person may seize a vessel if-

(a) A person-

(i) uses the vessel in that part of a bathing reserve which is less than 400m seaward of the low water mark at ordinary spring tides contrary to section 19(4); and

(ii) fails to comply with a direction given under section 19(9)(c); or

(b) A person-

(i) uses the vessel for tow-in surfing or power assisted surfing in a bathing reserve contrary to section 19(5); and

(ii) fails to comply with a direction given under section 19(9)(d).

(6) An authorised person may seize a wind powered craft if a person—

(a) uses the wind powered craft in a bathing reserve contrary to section 19(6); and


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(b) fails to comply with a direction given under section 19(9)(e).

50 Powers of authorised persons on seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft

An authorised person may use force that is reasonably necessary but not force which is likely to cause bodily harm to a person to effect the seizure of—

(a) a dangerous object or an object used in a dangerous way under section 49(1); or

(b) aquatic equipment under section 49(2) or (3); or

(c) a land yacht under section 49(4); or

(d) a vessel under section 49(5); or

(e) wind powered craft under section 49(6).

51 Procedure on seizure of property (1) If an authorised person seizes an object, an item of aquatic equipment, a land

yacht, a vessel or a wind powered craft under section 49 (Seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft), the authorised person must give the person from whom the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, is taken, a receipt stating—

(a) the nature of the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be; and

(b) the date and time of seizure; and

(c) a period (which must be at least one hour and not more than six months) for which the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, is to be detained; and

(d) a place where the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, may be reclaimed.

(2) For the purposes of subsection (1)(c) the period must be—

(a) where the authorised person is a lifeguard – at least one hour and not more than six months; and

(b) where the authorised person is a person other than a lifeguard – at least one hour and not more than 10 hours.

(3) The object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, must, if not reclaimed on the day on which it was seized, be delivered into the custody of the local government.


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(4) The object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, must be returned to the owner if the owner of the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be—

(a) reclaims the object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, by written application made to the local government after, but not more than six months after, the end of the period fixed for its detention; and

(b) provides appropriate proof of ownership; and

(c) pays the prescribed release fee.3

(5) An authorised person must, as soon as practicable after seizing an object, item of aquatic equipment, land yacht, vessel or wind powered craft, as the case may be, remove the seized property to a place established by the local government or the relevant life-saving club, as the case may be, for the safe custody of property seized under this part.

(6) The local government or the relevant life-saving club, as the case may be, must take all reasonable measures to ensure the safe custody of seized property until the property is—

(a) returned to its former owner; or

(b) otherwise disposed of under this part.

52 Procedure for disposal of property (1) This section applies where property is seized under section 49 (Seizure of

dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft); and

(2) If the property is not reclaimed under section 51(4) then so much of the property as is in the safe custody of a recognised life-saving club must be removed by an authorised person to a place established by the local government for the safe custody of the property and the local government may—

(a) if, in the opinion of an authorised person, the property is reasonably saleable, sell the property; or

(b) if paragraph (a) does not apply, or if the authorised person is unable to sell the property after making reasonable efforts, destroy or otherwise dispose of the property.

3 See section 19 (Recovery of costs of investigation) of Local Law No. 3 (Administration) 2008.


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(3) The process for sale under subsection (2)(a) must include reasonable and appropriate advertising in a newspaper circulating generally in the area, but the sale need not be by way of auction and may be made by private contract.4

(4) An amount realised on the sale of property must be applied in the order specified in section 38A of the Local Government Act 2009.

53 Purchaser of property gets valid title (1) The sale or disposal of property under this part confers valid and paramount

title to the property sold or disposed of on the purchaser of the property regardless of the amount or value of the consideration (if any) and despite a failure by the local government to comply with a provision of this local law.5

(2) However subsection (1) does not affect a right which a person would otherwise have to claim indemnities against the local government if, because of a failure to comply with this part, the local government sells or disposes of property which the local government was not lawfully entitled to sell or dispose of.

54 Seized property register (1) The local government must keep a register of all property seized under section

49 (Seizure of dangerous objects, aquatic equipment, land yachts, vessels and wind powered craft) (seized property register).

(2) The seized property register must—

(a) be open to public inspection; and

(b) contain the following details in respect of property seized—

(i) the date, time and location of the seizure; and

(ii) the name of the person in charge of the property at the time of seizure; and

(iii) the person believed to be the owner of the property; and

(iv) whether or not the property has been released in accordance with section 51 (Procedure on seizure of property); and

(v) details of disposal of the property in the event that the property was not released in accordance with section 51 (Procedure on seizure of property).

4 The application of this provision is subject to Chapter 6 (Contracting), Part 3 (Default contracting procedures), Division 2 (Entering into particular contracts) of the Local Government Regulation 2012. 5 In terms of Local Law No. 3 (Administration) 2008, the property in confiscated goods vests in the local government. As the lawful owner of the relevant goods, the local government is able to confer good title on the purchaser or acquirer of the goods from the local government.


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Part 9 Subordinate local laws 55 Subordinate local laws

The local government may, in a subordinate local law, specify—

(a) a type of business which may be permitted in a bathing reserve pursuant to section 10 and the definition of ‘permitted business’ of this local law; and

(b) a bathing reserve or part of a bathing reserve as an excluded bathing reserve pursuant to section 11(1)(a) of this local law; and

(c) a permitted business as a prohibited permitted business pursuant to section 11(1)(b) of this local law; and

(d) a regulated activity as a prohibited regulated activity pursuant to section 11(1)(c) of this local law; and

(e) a prohibited activity pursuant to section 13(1)(r) of this local law; and

(f) other circumstances excluded from the application of section 13 (Prohibited Conduct) of this local law pursuant to section 13(6)(c) of this local law; and

(g) aquatic equipment, a land yacht, a vessel or wind powered craft authorised to be used in a bathing reserve pursuant to section 19(7)(a)(iii) of this local law; and

(h) when a permit is not required in respect of the undertaking of the regulated activity pursuant to section 21(2)(a) of this local law; and

(i) such other information and materials required to accompany an application for a permit pursuant to section 22(1)(c)(iv) of this local law; and

(j) the circumstances whereby the local government may waive the requirements of section 22(1) of this local law pursuant to section 22(2)(c) of this local law; and

(k) the criteria with which the regulated activity must comply, or will ordinarily be expected to comply pursuant to section 23(4) of this local law; and

(l) the term for which a permit is granted pursuant to section 24(1)(b) of this local law; and

(m) the records to be kept and the length of time the records are to be kept pursuant to section 25(2)(n) of this local law; and


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(n) the conditions that must be imposed in a permit or that will ordinarily be imposed in a permit for the undertaking of the regulated activity pursuant to section 25(3) of this local law; and

(o) the changes in circumstances since a permit was granted that makes the continued operation of the permit inappropriate pursuant to section 29(2) of this local law; and

(p) the records that are required to be kept pursuant to section 33 (Records to be kept) of this local law; and

(q) the terms of a periodic inspection, monitoring or management program in respect of the operation of the regulated activity pursuant to section 34 (Inspection, monitoring or management program) of this local law; and

(r) authorised persons pursuant to section 39(1)(c) of this local law; and

(s) the limits of an authorised person’s powers pursuant to section 40 (Limitation on authorised person’s powers) of this local law; and

(t) the conditions on which an authorised person holds office pursuant to section 41(1) of this local law: and

(u) equipment as aquatic equipment pursuant to the Schedule (Dictionary) of this local law; and

(v) equipment as beach equipment pursuant to the Schedule (Dictionary) of this local law; and

(w) an entity that has the care or control of an essential services vehicle pursuant to the Schedule (Dictionary) of this local law; and

(x) an entity that has the care or control of an essential services vessel pursuant to the Schedule (Dictionary) of this local law; and

(y) an activity as a regulated activity pursuant to the Schedule (Dictionary) of this local law; and

(z) an object classified as prohibited equipment pursuant to the Schedule (Dictionary) of this local law; and

(aa) a craft as a wind powered craft pursuant to the Schedule (Dictionary) of this local law; and

(bb) prescribed criteria pursuant to the Schedule (Dictionary) of this local law


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Part 10 Application of Local Law No. 3 (Administration) 2008

56 Application of Local Law No. 3 (Administration) 2008 to this local law (1) To avoid any doubt, the provisions of Local Law No. 3 (Administration) 2008

apply to this local law, including (but not limited to) the following parts of Local Law No. 3 (Administration) 2008—

(a) Part 7 (Enforcement); and

(b) Part 8 (Administration).

Note—

Part 7 (Enforcement) of Local Law No. 3 (Administration) 2008 sets out the powers of the local government to deal with a contravention of a local law (including this local law) and the steps that the local government may take to remedy any non-compliance.

Part 8 (Administration) of Local Law No. 3 (Administration) 2008 contains a number of provisions which clarify the liability of persons for actions taken contrary to a local law (including this local law).

This local law must be read with any relevant provisions of Local Law No. 3 (Administration) 2008.

(2) If there is a conflict between a provision of this local law and Local Law No. 3 (Administration) 2008, the provision in this local law will prevail to the extent of any inconsistency.

Part 11 Transitional provisions 57 Transitional provision for the designation of prohibited permitted

businesses and prohibited regulated activities (1) If a permitted business becomes a prohibited permitted business on or after the

commencement of this section, from the date the designation of the prohibited permitted business takes effect an existing approval under this local law authorising a permitted business is of no effect to the extent the permitted business has become a prohibited permitted business.

(2) If a regulated activity becomes a prohibited regulated activity on or after the commencement of this section, from the date the designation of the prohibited regulated activity takes effect an existing approval under this local law authorising a permitted business is of no effect to the extent the regulated activity has become a prohibited regulated activity.

(3) If an application for a permit for a permitted business is approved after the date a designation for a prohibited permitted business takes effect, the permit does not authorise a person to carry out the prohibited permitted business.


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(4) If an application for a permit for a regulated activity is approved after the date a designation for a prohibited regulated activity takes effect, the permit does not authorise a person to carry out the prohibited regulated activity.

(5) If a permitted business ceases to be a prohibited permitted business, a permit for the permitted business may authorise the permitted business that was formerly a prohibited permitted business subject to any conditions in the permit.

(6) If a regulated activity ceases to be a prohibited regulated activity, a permit for the regulated activity may authorise the regulated activity that was formerly a prohibited regulated activity subject to any conditions in the permit.


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Schedule Dictionary section 3

advertisement has the meaning given in Local Law No. 16 (Licensing) 2008.

advertising includes the use of any fixed or moveable device, design, writing, structure, erection, publication, placard, signboard or sign of any kind whatsoever for the sale or exposing for sale of a good, a service or a vehicle.

aircraft includes any form of fixed wing aircraft or aeroplane, helicopter, ultra light, glider, hang-glider, dirigible, airship, hot air balloon, or any form of craft capable of carrying at least one person whilst sustaining itself off the ground.

aircraft operations means arrival, departure or movement of an aircraft designed or intended to carry a person.

animal has the meaning given in Local Law No. 12 (Keeping and Control of Animals) 2007.

approval means a consent, permit, licence, authorisation, registration, membership or approval under a Local Government Act or a local law and includes all conditions of a consent, permit, licence, authorisation, registration, membership or approval.

aquatic equipment means—

(a) an inflatable device or rubber or foam float or board that is not bathing equipment; or

(b) a boogie board; or

(c) a surfboard; or

(d) a surf ski; or

(e) a kayak; or

(f) a canoe; or

(g) another device for use on or in water to carry a person or thing across or through water or for recreational use in water and designed to be—

(i) paddled by a person; or

(ii) ridden by a person on a wave or in a white water area; or

(h) another device specified by subordinate local law.

assessment criteria means the criteria for deciding an application for a permit for the undertaking of a regulated activity.


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authorised person means a person who is authorised by the local government under this local law to exercise the powers of an authorised person under this local law. 6

bathe means the immersion or partial immersion of the body in water.

bathing includes all activities involving the immersion or partial immersion of the body in water.

bathing area means an area within a bathing reserve marked out by an authorised person in accordance with section 6 (Bathing areas) of this local law.

bathing equipment means equipment that does not give rise to a risk of injury to bathers in a bathing area which is—

(a) an inflatable device designed for use on or in water to carry a person across or through water or for recreational use in water; or

(b) a rubber or foam float or board .

bathing reserve means a part of the seashore and adjacent land and sea placed under the control of the local government as a bathing reserve under section 62 (Bathing reserves) of the Local Government Regulation 2012.7

beach equipment includes—

(a) bathing equipment; and

(b) a beach umbrella which has attached to it a weight of sufficient mass to prevent it from becoming dangerous; and

(c) a deck chair; and

(d) other equipment specified by subordinate local law.

building has the meaning given in the Building Act 1975.

business means the supply of goods or services and includes—

(a) the display of a good; or

(b) the sale of a good or service; or 6 Section 21 (Appointment) of Local Law No. 3 (Administration) 2008 provides for the local government to appoint a person to a position provided for under a local law and authorises a person appointed by the local government to a position provided for under a local law to exercise the powers attaching to that position under the local law unless otherwise stated in the appointment.

7 Section 62(1) (Bathing reserves) of the Local Government Regulation 2012 provides that the Governor in Council may, by gazette notice, place under the control of a local government as a bathing reserve—

(a) a part of the seashore; and (b) land under the sea that is adjacent to the part of the seashore and seawards for a distance not more that 1 km

beyond low-water mark at ordinary spring tides; and (c) sea above the part of a seashore and land.


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(c) engaging in any trade or business; or

(d) distributing a business advertising publication; or

(e) touting; or

(f) advertising a good or service; or

(g) a fete, market or stall; or

(h) the exhibition of an advertisement; or

(i) the exhibition of a sign.

business advertising publication has the meaning given in Local Law No. 5 (Distribution of Business Advertising Publications and Touting) 2008.

camp means to occupy or to sleep in or to attempt to sleep in a tent or motor vehicle, or otherwise in, on or under a facility, or on the ground of a bathing reserve and camping has the corresponding meaning.

carry on for a business includes carrying on an activity associated with the business.

Example—

• conducting surfing lessons associated with a surf school.

• conducting fitness training associated with a commercial fitness activity.

club training activity—

(a) means a training session organised and conducted by—

(i) an incorporated sports club or educational establishment; or

(ii) a club participating in a local, regional, State or national sporting competition; and

(b) does not include life-saving training organised and conducted by a life-saving club.

commercial activities on ocean beaches management plan means the plan as adopted and amended by Council from time to time.

commercial fitness activity has the meaning given in Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.

device means a design, writing, drawing, depiction, structure, erection, placard, banner, notice, signboard, notice of sign, publication or sign of any kind.

essential services vehicle means a motor vehicle that is in the care or control of any officer of—


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(a) the Queensland Ambulance Service; or

(b) Queensland Fire and Emergency Services; or

(c) a fuel gas distributor authorised under the Gas Supply Act 2003; or

(d) an electricity entity under the Electricity Act 1994; or

(e) the police force; or

(f) the State Emergency Service; or

(g) Road Transport Construction Services (Department of Transport and Main Roads); or

(h) a carrier or service provider licensed under the Telecommunications Act 1997 (Cth); or

(i) the local government; or

(j) any other department or body (whether or not incorporated) that has a function or power conferred on it under an Act; or

(k) another entity specified by subordinate local law.

essential services vessel means a vessel that is in the care or control of any officer of—

(a) the Queensland Ambulance Service; or

(b) the police force; or

(c) the State Emergency Service; or

(d) Road Transport Construction Services (Department of Transport and Main Roads); or

(e) the local government; or

(f) an Australian Volunteer Coastguard Organisation or a Volunteer Marine Rescue Organisation which is the holder of a current accreditation issued by the Queensland Fire and Emergency Services; or

(g) any other department or body (whether or not incorporated) that has a function or power conferred on it under an Act; or

(h) Queensland Fire and Emergency Services; or

(i) another entity specified by subordinate local law.

excluded bathing reserve see section 11(1)(a) of this local law


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exhibit includes in relation to a sign the painting, writing, drawing, depiction, making, erection, affixing, putting up, operation or transport of a sign.

facility means any building, structure, carparking area, pedestrian access, vehicle access, fence, picnic shelter, toilet block, playground equipment, park bench, pond, waterfall, fountain, monument, amenities or grounds or any other fixture or fitting and includes an electric power point.

fence includes a fence constructed of rope, cable, wire or another similar material.

fireworks means a substance or thing containing a substance manufactured or used for the purpose of producing a pyrotechnic effect.

good includes an animal, a plant and a vehicle.

identity card register see section 42(4) of this local law.

land yacht means a device with wheels and one or more sails designed —

(a) to be ridden by a person; and

(b) for recreational use on a beach.

length, of a vessel, means the distance between the front and the end tips of the vessel however the length does not include anything that does not increase the vessel’s effective length.

Examples of things that do not increase a vessel’s effective length—

• an anchor rail; and

• a bowsprit.

Example of things that do increase a vessel’s effective length—

• additions to the vessel's hull (whether fixed temporarily or permanently) that increase the vessel’s deck area.

lifeguard means a person who—

(a) is an employee of the local government; and

(b) the local government considers has—

(i) the necessary expertise or experience to provide life-saving services; or

(ii) satisfactorily finished training approved by the local government so as to be capable of performing life-saving services.

life-saver means a member of a recognised life-saving club assigned by the club or SLSQ to patrol a bathing reserve, or part of a bathing reserve, at a particular time.


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life-saving club means a body—

(a) affiliated with—

(i) SLSQ; or

(ii) the Head Centre of the Royal Life Saving Society; and

(b) accredited by the Queensland Fire and Emergency Services.

life-saving equipment means equipment for use in sea rescue, life-saving, or the provision of first aid.

life-saving patrol, for a bathing reserve or part of a bathing reserve, at a particular time means—

(a) the members of a recognised life-saving club assigned by the club or SLSQ to patrol the bathing reserve, or the part of the bathing reserve at that time; or

(b) the lifeguard assigned by the local government to patrol the bathing reserve, or the part of the bathing reserve, at that time.

life-saving services means the services provided by lifeguards and life-savers for the protection and safety of persons within a bathing reserve including carrying out rescues, saving lives and the provision of first aid.

Local Government Acts has the meaning given in the Local Government Act 2009 and includes approvals granted pursuant to the Local Government Acts.

motor vehicle has the meaning given in the Transport Operations (Road Use Management) Act 1995 and includes a motor vehicle as specified in a subordinate local law.

numbered identity card see section 42(4) of this local law.

patrol flag means a red and yellow flag of the design prescribed by Australian Standard No. 2416.

permitted business has the meaning given in Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.

plant means any tree, bush, shrub, grass, fungi, algae or other thing terrestrial or aquatic including all natural parts of it or things naturally produced of, by or from it.

prohibited permitted business see section 11(1)(b) of this local law.

prohibited regulated activity see section 11(1)(c) of this local law.

power assisted surfing means a surfing technique in which a surfer is propelled onto a breaking wave by a vessel.


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prescribed fee means the fee prescribed by the local government.

prescribed form means the form prescribed by the local government.

prohibited equipment means—

(a) a spear gun; or

(b) a fishing spear; or

(c) another object classified under a subordinate local law as prohibited equipment.

prohibition notice see section 30(3) of this local law.

publication means any printed matter or written matter and includes a book, pamphlet, leaflet, circular, handbill, notice, ticket, voucher, pass, advertisement, poster, magazine or other periodical publication but does not include a newspaper.

publicise means to draw to the attention of, make known, advertise or promote and publicises has the corresponding meaning.

public marine facility includes each public marine facility of which the local government is appointed the manager under the Transport Infrastructure (Public Marine Facilities) Regulation 2000.

recognised life-saving club means a life-saving club to which the local government has assigned the responsibility for patrolling a bathing reserve or a particular part of a bathing reserve.8

regulated activity means an activity the undertaking of which

(a) requires a permit under this local law; or

(b) is specified in a subordinate local law as an activity for which a permit is not required.

reserve sign means a sign indicating the existence of a bathing reserve.9

rubbish includes vegetation, garden clippings, tree prunings, building materials, fill and spoil.

sale includes—

(a) to sell; or

8 See section 35 (Recognised life-saving clubs) of this local law. 9 See section 4 (Signs indicating existence of bathing reserves) of this local law.


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(b) sell for resale; or

(c) intend for sale; or

(d) offer or expose for sale; or

(e) agree or attempt to sell; or

(f) receive, keep or have in possession for sale; or

(g) cause or permit to be sold or offered or exposed for sale; or

(h) send, forward for sale or deliver for sale; or

(i) provide a sample; or

(j) barter; or

(k) auction; or

(l) supply or have available for supply; or

(m) already sold or supplied; or

(n) provide for analysis; or

(o) authorise, direct, cause, suffer or permit any of the above acts.

seized property register see section 54(1) of this local law.

sign means—

(a) a device that publicises a matter; or

(b) if the sign is regulating traffic an official traffic sign.

SLSQ means Surf Life Saving Queensland Inc.

structure has the meaning given in the Local Government Act 2009 and includes a structure as defined in the Building Act 1975 and any other thing specified in a subordinate local law.

surf management plan means the plan as adopted and amended by Council from time to time

surveillance means the visual supervision of an area.

tent means a structure or erection constructed or covered wholly or in part with canvas, calico or other material and includes a shelter used or capable of being used as a temporary abode or sleeping place.


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#51052548

touting has the meaning given in Local Law No. 5 (Distribution of Business Advertising Publications and Touting) 2008.

tow-in surfing means a surfing technique in which a surfer is towed into a breaking wave by a partner driving a vessel with an attached tow-line.

vehicle has the meaning given in the Transport Operations (Road Use Management Act) 1995.

vessel means—

(a) a motorised boat, craft or device for use on or in water to carry a person or thing across, over, under or through water or for recreational use in water; or

(b) a wind powered boat or craft which has a length of more than 2.5m other than aquatic equipment or a land yacht.

waste has the meaning in Local Law No. 8 (Public Health, Safety and Amenity) 2008.

waste container means a weatherproof container for the storage of waste that—

(a) is vermin proof; and

(b) can be readily cleaned; and

(c) is constructed of durable material; and

(d) is nonreactive with the intended contents; and

(e) is leakproof; and

(f) minimises the loss of material into the environment.

white water area means a bathing reserve, or part of a bathing reserve, that is directly exposed to the open sea.

wind powered craft means—

(a) a sail board; or

(b) a kite surf craft; or

(c) a windsurfer; or

(d) another device for use on or in water to carry a person or thing across or through water or for recreational use in water and designed to be—

(i) powered by wind; and

(ii) ridden by the person balancing on or from the device; or

(e) another device specified by subordinate local law.


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Subordinate Local Law No. 10.1

(Bathing Reserves) 2005 Consolidated version Reprint No. 3

This and the following 10 pages is a certified copy of the CONSOLIDATED VERSION of Subordinate Local Law No. 10.1 (Bathing Reserves) 2005

made in accordance with the provisions of the Local Government Act 2009 by the Council of the City of Gold Coast by resolution dated [INSERT]

_______________________________________________ Dale Dickson



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Council of the City of Gold Coast Subordinate Local Law No. 10.1 (Bathing Reserves) 2005

Contents

Page


1 Short title .................................................................................................................... 1

2 Authorising local law .................................................................................................. 1

3 Objects ....................................................................................................................... 1


Part 2 Regulation of bathing reserves ............................................................... 2

5 Prohibited equipment ................................................................................................. 2 6 Prohibited activities .................................................................................................... 2

Part 3 Permits ...................................................................................................... 2

7 Requirement for a permit ........................................................................................... 2


9 Grant of a permit ........................................................................................................ 3

10 Conditions of a permit ................................................................................................ 4

11 Prescribed criteria ...................................................................................................... 5

Part 4 Authorised persons .................................................................................. 6

12 Limitation on powers ....................................................................................................... 6

13 Authorised person’s appointment conditions .................................................................. 6

Schedule Dictionary ................................................................................................. 7


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Subordinate Local Law No. 10.1 (Bathing Reserves) 2005

Council of the City of Gold Coast Subordinate Local Law No. 10.1 (Bathing Reserves) 2005


This subordinate local law may be cited as Subordinate Local Law No. 10.1 (Bathing Reserves) 2005.

2 Authorising local law

This subordinate local law is made pursuant to Local Law No. 10 (Bathing Reserves) 2004.

3 Objects

The object of this subordinate local law is to assist in the implementation of Local Law No. 10 (Bathing Reserves) 2004 to establish a comprehensive legislative scheme to—

(a) provide for the supervision and regulation of bathing reserves; and

(b) provide for the surveillance of bathing reserves by life-saving patrols; and

(c) regulate conduct in bathing reserves so as to enhance public safety, convenience and amenity and in particular—

(ii) the use of aquatic and other equipment in bathing reserves; and

(iii) the erection of notices, signs and structures generally in bathing reserves; and

(d) restrict the economic scope of the conduct of business activities in bathing reserves, where such activities are permitted, in recognition of the fact that such activities may otherwise enjoy an unfair commercial advantage over competitive activities conducted from fixed premises in the area for which rates and other charges are paid, and to which planning and other regulatory legislation applies; and

(e) provide for, and encourage public access to and use and enjoyment of, bathing reserves for both active and passive recreation, while ensuring that such access, use and enjoyment occurs consistently with the preservation and enhancement of public safety and amenity and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time); and


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(f) restrict the conduct of business activities in bathing reserves, to activities which are of economic benefit to the area and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time), in recognition of the need to—

(ii) prevent or minimise environmental harm in bathing reserves; and

(iii) preserve and enhance public safety and amenity in bathing reserves.

4 Definitions—the dictionary

The dictionary in the Schedule defines particular words used in this subordinate local law.

Part 2 Regulation of bathing reserves 5 Prohibited equipment

For the purposes of section 13(1)(e) and Schedule (Dictionary) of Local Law No. 10 (Bathing Reserves) 2004, the following equipment is prohibited in a bathing reserve— (a) fitness equipment.

6 Prohibited activities

For the purposes of sections 10 and 13(1)(r) of Local Law 10 (Bathing Reserves) 2004, the following activities are prohibited in a bathing reserve—

(a) a commercial fitness activity; and

(b) conducting a busking performance.

Part 3 Permits 7 Requirement for a permit

(1) For the purposes of section 21(2)(a) of Local Law No. 10 (Bathing Reserves) 2004, a permit is not required to operate the following businesses in a bathing reserve, provided the business complies with the prescribed criteria—

(a) the delivery to a person in a bathing reserve of beach equipment from a business located outside a bathing reserve; and

(b) the following businesses where they are solely associated with a marriage ceremony that has a permit under Local Law No. 10 (Bathing Reserves) 2004—


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(ii) conducting a marriage ceremony by a marriage celebrant; and

(i) photography undertaken for a commercial purpose.

(2) For the purposes of section 14(1)(q) of Local Law No. 10 (Bathing Reserves) 2004, a regulated activity is—

(a) filming for the purposes of a television commercial or a movie; or

(b) the setting apart of a bathing reserve or a part of a bathing reserve for life-saving training on an exclusive basis; or

(c) conducting a life-saving competition; or

(d) participating in a marriage ceremony as a bride or groom; or

(e) driving a vehicle in a bathing reserve, except where the vehicle is—

(i) an essential services vehicle which is used to provide the service for which it is designed or ordinarily used; or

(ii) a vehicle driven by a person registered as a surveyor under the Surveyors Act 2003 or a person authorised in writing by a surveyor which is used for the purpose of performing a survey or for any other purpose relating to a survey.

8 Application for a permit

For the purpose of section 22(1)(c)(iv) of Local Law No. 10 (Bathing Reserves) 2004, an application for the undertaking of a regulated activity that is driving a vehicle in a bathing reserve must be accompanied by—

(a) details of the vehicle to be driven in the bathing reserve; and

(b) details of the time and day on which the vehicle is to be driven in the bathing reserve; and

(c) details of why it is necessary for the vehicle to be driven in the bathing reserve; and

(d) details of the bathing reserve or the particular part of the bathing reserve, as the case may be, in which the vehicle is to be driven.

9 Grant of a permit

(1) For the purpose of section 23(4) of Local Law No. 10 (Bathing Reserves) 2004, in respect of the undertaking of a regulated activity that is driving a vehicle in a bathing reserve, an authorised person may grant a permit if satisfied of the necessity for the vehicle to be driven in the bathing reserve at the time or times and on the day or days detailed in the application.


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(2) For the purpose of section 23(4) of Local Law No. 10 (Bathing Reserves) 2004, in respect of the undertaking of a regulated activity that is conducting a surf school to teach participants how to ride a surfboard in a bathing reserve, an authorised person may grant a permit if satisfied that—

(a) the teaching does not involve stand up paddle surfing, kite surfing, windsurfing or teaching relating to other wind powered craft; and

(b) there is public demand for the surf school proposed by the applicant; and

(c) the current permits granted for the conduct of surf schools are not sufficient to meet public demand; and

(d) there are not any current permits granted by the local government to conduct a surf school in the part of the bathing reserve in which the applicant proposes to conduct the surf school.

10 Conditions of a permit

(1) For the purpose of section 25(3) of Local Law No. 10 (Bathing Reserves) 2004, in respect of the undertaking of a regulated activity that is driving a vehicle in a bathing reserve, the local government may impose all or any of the following conditions on the permit—

(a) drive in the bathing reserve only on specified days and at specified times; and

(b) ensure that at all times when the vehicle is in the bathing reserve, the driver of the vehicle complies with section 83 (Careless driving of motor vehicles) of the Transport Operations (Road Use Management) Act 1995; and

(c) enter and exit the bathing reserve only at ramps designated for vehicular access; and

(d) ensure that a path clear of pedestrians is available prior to approaching any point of vehicular access to or egress from the bathing reserve; and

(e) ensure that the vehicle is fitted with a flashing yellow light which is displayed at all times when the vehicle is in the bathing reserve other than when the vehicle is stationary; and

(f) ensure that the vehicle is driven at a speed not exceeding—

(ii) in a bathing area, five kilometres per hour; and

(iii) elsewhere in a bathing reserve, 20 kilometres per hour; and

(g) drive the vehicle only within a specified area or part of the bathing reserve; and


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(h) so far as any vehicle identified in the permit is concerned – ensure compliance with section 10 (Vehicles used on roads must be registered) of the Transport Operations (Road Use Management – Vehicle Registration) Regulation 2010; and

(i) use only specified vehicles in the bathing reserve; and

(j) carry a true copy of the permit and particulars of all conditions imposed in the permit in the vehicle at all times whilst the vehicle is in the bathing reserve; and

(k) give way to all pedestrians in the bathing reserve.

11 Prescribed criteria

(1) For the purposes of section 7(1) of this subordinate local law, a regulated activity must comply with the following prescribed criteria—

(a) for a regulated activity which is the delivery of beach equipment to a person in a bathing reserve under section 7(1)(b) of this subordinate local law—

(i) the business delivering the beach equipment must not be operated from a mobile or temporary premises or a vehicle; and

(ii) vehicles are not to be driven on the beach, dunes, parks or reserves; and

(iii) the beach equipment is to be removed from the bathing reserve immediately upon the expiry of the period for which the beach equipment has been hired (unless the next period of hire commences immediately after the preceding period of hire); and

(iv) the beach equipment is to be removed from the bathing reserve immediately upon—

(A) the issue of a severe weather warning which applies to the bathing reserve; or

(B) the direction of an authorised person; and

(v) The business operating the delivery of beach hire equipment must hold at all times a broadform public liability insurance policy for at least $10 million or another amount specified by the local government that notes the interests of the Council of the City of Gold Coast in respect of the operation of the delivery of beach hire equipment. The policy must be held for presentation and produced on request to an authorised person.


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Part 4 Authorised persons 12 Limitation on powers

For the purposes of section 40 (Limitation on authorised person’s powers) of Local Law No. 10 (Bathing Reserves) 2004 an authorised person who holds the rank of captain in a life-saving patrol may—

(a) if a life-saving club or SLSQ has assigned to the life-saving patrol responsibility for patrolling a patrol area during a patrol period, only exercise the powers of an authorised person—

(i) in the patrol area; and

(ii) during the patrol period; and

(b) only exercise the powers in sections 6(1) and (5), 7(1) and (2), 8(1), 9(1), 17 (Interference with flags and life-saving equipment), 18(3)(c), 18(4), 19(9), 20(1), 46(1), 47(1), 48(1), 49(1), (2), (3) and (4) and 51(1) of Local Law No. 10 (Bathing Reserves) 2004.

13 Authorised person’s appointment conditions

For the purposes of section 41 (Authorised person’s appointment conditions) of Local Law No. 10 (Bathing Reserves) 2004, if there is any conflict between an authorised person who is a lifeguard and an authorised person who holds the rank of captain in a life-saving patrol, regarding the way the powers of an authorised person should be exercised under Local Law No. 10 (Bathing Reserves) 2004, the powers shall be exercised as directed by the lifeguard.


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Schedule Dictionary section 4

commercial fitness activity—

(a) commercial fitness activity means a business or commercial activity involving the supply of the following personal or group fitness training activities—

(i) circuit training;

(ii) resistance training;

(iii) fitness training involving self-defence or the use of boxing gloves and boxing pads;

(iv) organised aerobic activity, including group walking or running activities, whether or not involving a thing that is pushed, pulled or carried;

(v) fitness activities involving yoga, tai chi, pilates, meditation or a similar activity;

(vi) group fitness activities conducted by an individual instructor or multiple instructors involving the participation of individuals, or groups of persons in strength, resistance or cardiovascular based activities, whether or not involving the use of equipment; or

(vii) any combination of the activities mentioned in paragraphs (i) to (vi); and

(b) commercial fitness activity does not include—

(i) a club training activity; or

(ii) a corporate event.

corporate event means an activity carried out as part of a temporary conference or convention.

fitness equipment—

(a) fitness equipment means equipment used or intended to be used for fitness training purposes; and

(b) fitness equipment includes metal bars, exercise weights, benches, logs, tyres, sledge hammers, heavy ropes, medicine balls, boxing gloves, punching bags, kickboxing bags, weight training machines or rowing machines or any other large load bearing or large resistance training equipment; and

(c) fitness equipment does not include—


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(i) lifesaving equipment if it is being used for training, the surveillance of the bathing reserve or to assist bathers in distress by—

(A) members of a life-saving patrol; or

(B) a lifeguard; or

(ii) marker flags or marker cones; or

(iii) sports balls, including footballs, soccer balls, tennis balls or the like.

patrol area means the part of the bathing reserve assigned to a life-saving club to conduct life-saving patrols.

patrol period means the period during which life-savers are on duty conducting life-saving patrols.

permitted business means the following businesses or commercial activities—

(a) conducting a surfing competition; and

(b) conducting a surf school pursuant to section 9(2) of this subordinate local law; and

(c) conducting an underwater recreational activity; and

(d) the hiring of beach equipment by a life-saving club within the part of the bathing reserve which is located not more than one-hundred metres on either side of the life-saving club’s clubhouse; and

(e) conducting a marriage ceremony by a marriage celebrant; and

(f) setting apart the bathing reserve, or part of the bathing reserve, commonly known as “North Kirra Beach” for use as a landing area for tandem skydivers; and

(g) an entertainment or promotional event, product launch or corporate event, which—


(ii) complies with the local government’s ocean beaches management plan or surf management plan (as amended from time to time); and

(h) film production; and

(i) a temporary broadcast of a radio or television program; and

(j) photography undertaken for a commercial purpose; and

(k) the delivery of beach equipment to a person in a bathing reserve; and

(l) a temporary business authorised by a resolution of the local government for a specific time period.


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underwater recreational activity—

(a) includes-

(ii) scuba diving;

(iii) snorkelling;

(b) but does not include-

(ii) spear fishing.

#51052539


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Public Interest Test Report

Bathing Reserves (Amendment) Local Law (No. 1) 2015 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015

1. Introduction

In accordance with the procedure required under the Local Government Act 2009 (LG Act) and the Local Government Regulation 2012 (LG Regulation), a public-interest test has been conducted in respect of the anti-competitive provisions which were identified in the proposed Bathing Reserves (Amendment) Local Law (No. 1) 2015 (Amending LL10) and Bathing Reserves (Amendment) Subordinate Local Law (No.1) 2015 (Amending SLL10.1)

The public interest test has been conducted against the principles and objectives set by the Competition Principles Agreement which was outlined in the Public Interest Test Plan for the proposed amending local law and the proposed amending subordinate local law (the proposed amending local laws).

A copy of the Public Interest Test Plan is included as Annexure A to this Public Interest Test Report.

In compliance with the LG Act and Section 15 of the LG Regulation, this Public Interest Test Report has been prepared in accordance with the Guidelines for Conducting Reviews on Anti-Competitive Provisions in Local Laws (Guidelines).

2. Definitions

The following expressions used in this report have the following meanings:


• Amending LL10 means the proposed Bathing Reserves (Amendment) Local Law (No. 1) 2015.

• Amending SLL10.1 means the proposed Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015.

• LL10 means Council’s existing Local Law No. 10 (Bathing Reserves) 2004, which Amending LL10 will amend.

• SLL10.1 means Council’s existing Subordinate Local Law No. 10.1 (Bathing Reserves) 2005, which Amending SLL10.1 will amend.

3. Results of consultation process

Public Consultation

Public consultation occurred over a 21 day period commencing on Saturday 14 November 2015 and ending on Monday 7 December 2015 (consultation period).


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Public Interest Test Report: Bathing Reserves (Amendment) Local Law (No. 1) 2015 and Bathing Reserves (Amendment) Subordinate Local Law (No.1) 2015 Page 2

Notice of public consultation and invitation to make submissions was:

(a) published in the local newspaper (the Gold Coast Bulletin) on Saturday 14 November 2015 advising of the review and calling for submissions;

(b) posted on notice boards within the local government area;

(c) published on Council’s website during the consultation period; and

(d) sent to identified key stakeholders.

Twenty seven (27) submissions were received by the local government during the consultation period. A complete list of the public consultation submissions received and responses are included as Annexure B. A brief overview of the main submission concerns and resultant consideration of such concerns is outlined below:

Hired beach equipment delivery to the beach Submissions regarding hired beach equipment delivery The draft laws previously presented to Council provide an avenue for beach equipment hire businesses to deliver and set-up pre-hired beach equipment to customers on the beach. One objection and one supportive submission to this proposal were received as outlined below:

The SLSQ objected to this proposal for several reasons (see below). One commercial operator, a current surf school permit holder, supported the proposal

and requested to make application. The delivery of hired beach equipment to the beach received minimal objection. It should be noted that some SLSQ clubs trialled the hire of beach equipment directly from the beach which were deemed unsuccessful. On occasion, nearby accommodation premises have requested permission to deliver, set-up and remove beach equipment for their guests. Allowing delivery of hired beach equipment may assist accommodation premises to provide this service for guests, particularly those who are physically unable to carry and setup this type of equipment themselves. It is therefore recommended that hired beach equipment delivery to the beach be retained as a permitted business in the proposed local law amendments.

Excluded beaches Submissions were not received from the community regarding the local law amendments proposing to allow Council to exclude a bathing reserve or section of a bathing reserve from all or particular types of regulated activities.

Food delivery to the beach Submissions objecting to food delivery The draft laws previously presented to Council provide an avenue for food businesses to deliver pre-purchased food in non-returnable packaging to customers on the beach. Of the submissions objecting to food delivery on the beach, 9 main points of concern (out of a total of 23) are outlined below:

Increased litter from an amenity and environment protection perspective. Significant objections were raised in relation to this matter with 21 out of the 27 MoP including this in their submission and a substantial submission by KAB.

Increase in scavenging animals such as birds, rodents and dogs due to food and litter left on the beach and creating safety concerns.


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Visual and general amenity of the beach and the need to protect the pristine and peaceful nature of our beaches from litter, possible bin placement and commercialisation.

Increased cost of maintenance and litter control of the ocean beaches due to potential increased litter.

Keeping commercialisation off the beaches as it is annoying, ‘opens the door’ for further commercialisation, poses future potential for closing sections of beach to general public and a need to keep the beaches family friendly.

Impact on fixed-location businesses with specific concerns raised by SPA and one fixed-location business.

Increase in illegal activities such as illegal parking and touting Impact on SLSQ club fund raising, education activities and patrol duties affecting

safety.

Consideration of submission objections to food delivery In response to the above points of objection, the following considerations are relevant:

Litter Substantial concerns regarding litter and its effect on the environment including marine life were raised by both the public and Keep Australia Beautiful. These concerns reflected the 2014 public consultation regarding commercial activities on ocean beaches and merits serious consideration. The Queensland Division of Keep Australia Beautiful submitted substantial comments in relation to this matter. They express concern that introducing food delivery to beaches is counterproductive to their “Litter on land, Kills at sea” campaign and points out that Queensland is the worst littered main-land State in Australia.

Litter is likely to be left by customers and end up in the ocean where it can harm marine and bird life. Blown litter (e.g. pizza box) may cause injury potentially adding pressure to Council Lifeguards and SLSQ patrol members for first aid and litter control services.

Suggestions made by submitters of making the delivery business responsible for their customer’s litter is largely unachievable. Placing bins on the beach would be difficult as they need to be above the high water mark and able to withstand storm surge. Bins are already placed in most foreshore parks and do not currently prevent litter being left on the beach. Consideration was given to requiring businesses to use packaging that was safe for the environment however there is no such packaging that meets all the requirements as well as limiting the effect on visual amenity and reducing scavenging by birds and animals.

Scavenging birds and animals An increase in litter and availability of food and food scraps is likely to encourage scavenging birds (e.g. seagulls and ibis), dogs and vermin. The SLSQ raised concerns that the increase in scavengers could potentially discourage people from staying near the flagged areas, thus placing them in unsafe areas. There is also potential for increased risk of injury from birds swooping.

Visual amenity Objections regarding visual amenity reflect the 2014 public consultation concerns with “keeping the natural beauty and uniqueness” of ocean beaches (>200 mentions). Visual amenity impacts from litter, bins and potentially increased numbers of scavengers could affect tourism.

Litter clean-up costs Consideration was given to additional beach cleaning and maintenance of the beach area to


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offset additional litter and food waste and to the concerns raised by submitters about these costs increasing. Current expenditure of $700,000 per annum will increase if additional cleaning frequency is required. Operating the litter tractor on the beach for additional daytime cleaning may not be practical or safe in which case litter pickup would need to be conducted by hand, substantially increasing costs.

Maintaining current level of commercialisation Concerns raised regarding commercialisation of Gold Coast beaches included comments such as “keep beaches natural and free from commercialisation”, “disturbance from delivery persons”, and “keep beaches ‘family friendly’”. The submission objections reflect the 2014 public consultation which did not support increased commercial activity on the ocean beaches. Specific results of the 2014 consultation included:

81% support for no alternative (additional types) commercial activity (37% support for current activities, 44% wanted no activities);

6% requested food and beverage vendors; and 4% requested cafes or bars on the beach (note: objections have been raised regarding

allowing alcohol on the beach).

Further concerns were raised regarding the potential for an increase in commercial activity due to ‘opening the door’. This has been reflected in the submission process as an increase in commercial operators requesting permits to conduct business directly from the beach as opposed to a delivery service has been recorded since knowledge of this proposed new law. Council staff often receives requests from commercial operators wanting to use public land instead of renting a commercial premise to conduct business as it is cheaper and has a locational advantage. The potential for requests to conduct commercial activity on the beach outside the local law requirement is likely to increase when there are perceived opportunities.

The concerns regarding ‘disturbance’ were also raised by the SLSQ as a safety concern due to distraction by the delivery persons and potential for being approached as a public address system for deliveries.

Commercial impact on fixed-location/established businesses Objections relating to the proposed food and beach hire delivery services impacting on nearby fixed-location premises were raised by the general public, a commercial fixed-location food operator paying high rent, SLSQ and a substantial submission by SPA. Nearby fixed-location food and beach equipment hire businesses could be adversely affected by the proposed local law amendments dependent upon the viability of a delivery service. The SPA raised concerns with potential disadvantage to established businesses within the Surfers Paradise precinct, and the effect that mobile/temporary operators would have on the economic viability of traders within the precinct.

Prescribed criteria within the proposed amendments limit the operation of delivery services to only those businesses that operate from permanent premises (i.e. not mobile or temporary food or beach hire, vehicles/facilities), however there is an avenue for a mobile/temporary food or beach hire operator to make application for a permit to operate a delivery service to the beach. If such application is lodged, the local law requires that the objects of the local law be considered, however this does not specifically prevent a permit being issued. The potential for mobile/temporary operators to obtain a permit has been objected to by members of the public, a commercial operator, SLSQ and SPA.

Parking, touting & regulatory costs Illegal activities such as illegal parking, touting and theft were raised by several submitters


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including the SLSQ. The objections relating to illegal parking (80 mentions) and touting (30 mentions) reflect concerns in the 2014 public consultation. Any increase in these activities would put pressure on Council and Queensland Police Service (QPS) to increase patrols and enforcement processes.

SLSQ impacts The SLSQ submitted substantial comments objecting to the delivery of food on beaches. The complete submission by SLSQ is contained in Annexure B Table 1 Submission #23. Some of the SLSQ clubs operate food kiosks which could be impacted upon by other businesses providing a food delivery service. SLSQ rely on volunteers to run their services and may not be able to compete adequately with a delivery service. The SLSQ clubs on the Gold Coast provide a significant safety and community service to the Gold Coast. They are not-for-profit organisations that rely on the sale of products from their premises to raise funds. Impacts on their fund raising opportunities could affect the community work they undertake.

Further concerns included environmental and amenity concerns from increased litter and placement of bins; opening the door to further commercial activity which could impact SLSQ fundraising and nipper activities/events; scavenging birds, vermin and dogs potentially forcing people away from protected flagged areas into non-safe areas; potential for SLSQ patrol members to be approached as a public address system for deliveries diverting their attention and resources from beach safety; expectation that patrol members will police financial transactions, litter, and assist with selling commercial products; illegal parking particularly around club houses and emergency vehicle parking bays by delivery persons; concern for local fixed businesses being impacted by mobile/temporary operators.

Keep Australia Beautiful Submission The Queensland Division of KAB submitted substantial comments objecting to the delivery of food on beaches. The complete submission by KAB is contained in Annexure B Table 1 Submission #18. They point out that litter will have a negative impact on the beaches from an environmental and amenity perspective and that Queensland is the worst littered mainland State in Australia. They advise that increased beach maintenance to counteract the increased litter would be required in order to protect the waterways and the beach amenity, however additional bins will not stop an increase in litter. Further to this, the potential for increased litter as a result of a Council law is counterproductive to the KAB “Litter on land, Kills at sea” campaign.

KAB do provide alternative suggestions to food delivery on the beach such as allowing SLSQ clubs to serve meals and allowing vendors on the beach who would be made responsible for litter in their area.

Surfers Paradise Alliance Submission The SPA submitted substantial comments objecting to the delivery of food on beaches. The complete submission by SPA is contained in Annexure B Table 1 Submission #25. They request that the laws: not disadvantage fixed-location businesses in the Surfers Paradise precinct; restrict trade to only fixed-location businesses in the Surfers Paradise precinct; limit mobile/temporary traders to greater than 400m from the Surfers Paradise precinct; and that Council recognise the significant negative impact mobile/temporary traders have on the economic viability of existing traders within the Surfers Paradise precinct. Currently the proposed laws do not specify these restrictions. They state that mobile/temporary traders could have a detrimental effect on fixed-location businesses under the proposed amendments as advertised.

Alternative suggestions Alternative suggestions to food and beach equipment delivery were received mostly in a


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response to preventing litter and protecting SLSQ clubs. The submissions pertaining to alternative suggestions, are contained in Annexure B Table 1 Submission #’s18 and 24. Suggestions of allowing SLSQ clubs to serve meals, restricting beach retail to only SLSQ clubs (i.e. from a food vending trailer) and allowing vendors on the beach who would be made responsible for litter in their area, were received from KAB and a commercial operator. These alternative suggestions obtained limited support in the 2014 public consultation (4% support for cafes on beaches) and are unlikely to be supported by SPA in the Surfers Paradise precinct. No request was made from SLSQ to progress such a plan. Progressing this type of activity would require further community consultation and is not recommended at this time.

Removal of food delivery to the beach The objections to food delivery to the beach are deemed to have merit and are not easily remedied. The objections reflect concerns contained in the 2014 consultation which obtained high feedback levels across the entire Gold Coast community. The issues of litter, visual amenity and safety are considered likely to occur and the consequential potential damage to the City’s reputation as having the best beaches is a likely risk. It is therefore recommended that food delivery to the beach be removed as a permitted business from the proposed local law amendments.

State Interest Consultation

As a result of the State-interest check process undertaken pursuant to Section 29A of the LG Act, five (5) submissions were received with eleven (11) separate comments. One (1) submission requested a check be made to ensue bathing reserves were not governed as trust land. Confirmation has been sent to the Department assuring them the land was gazetted to Council under the Local Government Act 2009 and not entrusted under the Land Act 1994. One (1) submission requested amendments to sections 11 and 12 of the LL10 to ensure consistency with the local law making process and to remove the ability for Council to exclude a bathing reserve, or part there-of, through an endorsement process instead of amendment to a subordinate local law. This amendment has been undertaken. One submission raised concerns with natural justice issues regarding section 11 of LL10 which has been remedied by the removal of the endorsement process in addition to the process only relating to permit holders who would be consulted with in the subordinate local law making process. One (1) submission raised a breach of fundamental legislative principle relating to administrative power of section 13(1) however legal opinion advises otherwise including an example from a model local law. Two (2) of the submission comments directly related to two (2) of the anti-competitive provisions however did not address the anti-competitive nature of the provisions.

Several consequential amendments were requested and made relating to the names of various Acts and government departments.

The remaining submissions from the State did not contain issues directly related to the anti-competitive provisions or require further amendments. A précis of the comments received in response to the State interest check is included as Annexure C.

Reassessment of alternatives The Public Interest Test Plan (Annexure A) identified two realistic alternatives to the anti-competitive provisions, being co-regulation and negative licensing.

Following the public consultation process the local government still considers that co-regulation and negative licensing are the only realistic alternatives to the proposed amending local law.


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4. Summary of impacts associated with the proposed amending local laws and viable alternatives

A summary of the positive and negative impacts for stakeholders associated with the proposed amending local laws and viable alternatives are set out in the Table below.

Stakeholder Current Proposed Amendments

Co-regulation Negative Licensing


Low positive

Enhanced control over commercial activities in bathing reserves. Potential reduction in complaints about disturbance to users of bathing reserves from commercial activity however may be offset by food and beach hire equipment delivery and litter complaints.

Mod negative

Would require the suspension of the current local-law making process and a potentially lengthy period of consultation with industry stakeholders whilst the laws are substantially re-drafted and an education and training program implemented. It is also not considered that this would result in any substantive benefit to Council, since Council’s current practice is to consult with affected stakeholders during the process of developing its local laws.

Whilst the objective of co-regulation is to encourage increased compliance through cooperation, the likely result of moving to a system of co-regulation will be an overall decrease in the regulation of business in bathing reserves. This may negatively impact on the objective of prohibiting business in bathing reserves except where specifically authorised because of some intrinsic need or benefit.

Increase in resources required to properly maintain safety and amenity in bathing reserves due to decrease in standards for commercial activities.

High negative

High potential for increase in complaints about safety and amenity issues in bathing reserves. Associated impacts on the reputation of Council’s beaches which are integral to its economy. Loss of potential permit fees.

Negative licensing would require substantial changes to the local law to abolish the permit system and require Council expenditures on business awareness raising and training.

Increase in resources required to properly maintain safety in bathing reserves due to decrease in standards for commercial activities.

+1 -2 -3


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Users of Bathing Reserves

Low negative

Continued regulation of limited commercial activity in bathing reserves to protect access, amenity and safety whilst allowing delivery to beachgoers of some products.

Increase in potential disturbance and litter from new commercial activity and corresponding decrease in amenity and safety.

Submissions from members of the public were all negative towards delivery of food.

Low negative

Increased consultation with business is likely to result in overall decrease in regulation of bathing reserves.

Likely increase in operators of the affected businesses over time, leading to reduced amenity of bathing reserves and likely impacts on the safety of users.

Moderate negative

Likely increase in operators of the affected businesses over time and poor compliance standards leading to reduced amenity of bathing reserves and likely impacts on the safety of users.

-1 -1 -2

Life-saving clubs Moderate negative

Potential to participate in food and beach equipment hire delivery activities however may face competition from other commercial operators. Still are the only operator able to set up hire facilities within the bathing reserve.

SLSQ opposes the proposed amendment re delivery of food

High negative

Increased consultation with business is likely to result in overall decrease in regulation of bathing reserves which may affect the life-saving clubs and their ability to provide life-

SLSQ opposes the proposed amendment re delivery of food saving patrols.

High negative

Potential increase in resources required to properly maintain safety in bathing reserves due to decrease in standards for commercial activities. SLSQ raised concerns to the likely affect on the life-saving clubs ability to raise funding and to conduct their nipper and other training services.

SLSQ opposes the proposed amendment re delivery of food

-1 -3 -3


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Surf School operators

Low negative

Increased regulation and limitation on opportunities to obtain permits due to possibility of areas of bathing reserve being excluded for commercial use. Operators are considered to be well catered for.

Low positive

Increased consultation may result in minor reductions in regulatory constraints however operators are well catered for.

Low negative

The current restrictions to prevent operators moving in on other operator’s areas would be removed by a negative-licensing scenario. Existing operators would be impacted by a lack of regulation protecting their specified location and potential damage to the industry’s reputation from itinerant operators.

An influx of operators may provide increased access to school services however due to reduced standards there may also be an increased safety risk to school patrons and other beachgoers.

-1 +1 -1

Wedding celebrants

Mod positive

Reduces regulation if operating under a bride and groom permit.

Low positive

A system of co-regulation may result in reductions in regulatory constraints. However with input from other stakeholders there is also potential for additional regulatory constraints. The proposed amendments advantage this stakeholder group as they work on a negative-license system with limited regulation.

Moderate positive

The current means of regulation by Council is similar to a negative-licensing scenario. The status quo would therefore effectively be maintained, however operators would benefit from the continuing lack of regulation.

+2 +1 +2


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Beach equipment hire businesses

Mod positive

Increased opportunity to operate beach equipment hire delivery businesses without cost of applying for a permit.

Low positive

A system of co-regulation may result in reductions in regulatory constraints however there is also potential with input from other stakeholders for additional constraints. The proposed amendments advantage this stakeholder group as they work on a negative-license system (for delivery activities) with limited regulation.

Moderate positive

Currently proposed for this group (for equipment delivery). Increased opportunity to operate beach equipment hire delivery businesses without cost of applying for a permit.

+2 +1 +2


Neutral

Both positive and negative positions (i.e. over regulated and under regulated) from members depending upon business models, cost structures etc.

Neutral

Fewer complaints by business of over-regulation and anti-competitive local laws because of the reduced regulation.

Potential increased complaints by operators of fixed-location businesses at a disadvantage over operators on bathing reserves.

Low Negative

Decreased beach safety and amenity standards resulting from negative licensing would impact on the city’s attractiveness as a tourism destination and the economy. Fewer complaints by business of over-regulation and anti-competitive local laws because of the reduced regulation.

Increased complaints by operators of fixed-location businesses at a disadvantage over operators on bathing reserves. Increased complaints by operators vying for a location to run their business.

0 0 -1


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Food Industry Low positive

Increased opportunity to operate food and non-alcoholic beverage delivery businesses without cost of applying for a permit. Some beachside businesses may be negatively impacted by competition from remote businesses. Total sector sales may increase.

Low positive

A system of co-regulation may result in reductions in regulatory constraints however with input from other stakeholders there is also potential for additional constraints. The proposed amendments advantage this stakeholder group (for food deliveries) as they work on a negative-license system with limited regulation.

Operators may benefit from input into the development of the regulatory regime however this would require the suspension of the current local-law making process and a potentially lengthy period of consultation with industry stakeholders whilst the laws are substantially re-drafted and an education and training program implemented. Proposed amendments will allow partial operation of a currently prohibited activity sooner.

Low positive

Currently proposed for this group (for food delivery). Increased opportunity to operate food and non-alcoholic beverage delivery businesses without cost of applying for a permit.

+1 +1 +1


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Event industry Low positive

Increased commercial opportunity and some constraints. Amendments allow for:

• product launches and corporate events;

• areas excluded from commercial activities;

• clean-up and maintenance periods in between consecutive events.

Low positive

A system of co-regulation may result in reductions in regulatory constraints however with input from other stakeholders there may also be an increase in constraints. The proposed amendments advantage this stakeholder group as they allow for product launches and corporate events.

High negative

Unable/difficulty in securing location and times to hold events. Increased competition with similar events held at the same time and/or same location.

+1 +1 -3

Overall Result Moderate positive Low negative High negative

Overall, the analysis of the costs and benefits has determined that there would be:

(a) an overall moderate positive impact from the proposed amendments as a result of improvements to the existing regulatory regime. In regard to the issue of delivery of food to beaches, however, the analysis and submissions do not support this proposal; and

(b) an overall low negative impact from a move to a system of co-regulation with probable reduction of safety and amenity and therefore greater impacts on other beach users; and

(c) an overall high negative impact from a move to a complete system of negative licensing caused by an overall reduction in safety and amenity caused by non-compliant business activity coupled with reactive regulatory burden and costs to Council.

(d) The results of the analysis indicate that the implementation of the alternatives identified will result in an overall negative impact, whereas the impact of the proposed amendments will be an overall positive impact.

Accordingly, the implementation of alternatives will not be as effective in achieving the aims of the current LL10 as the proposed amendments. The alternatives are therefore not considered to be reasonable alternatives to the system of regulation by LL10.

The proposed amendments except for the delivery of food to beaches, are considered an appropriate means of achieving the objectives of LL10, which include ensuring that public access and use of Bathing Reserves preserves public safety and amenity, community amenity and protection of the environment and facilities within the Bathing Reserves.


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5. Recommendation

In consideration of the impacts identified above, it is recommended that each of the anti-competitive provisions except for those that permit the delivery of food to beaches, identified in the public interest test plan be retained in the proposed amending local laws in the overall public interest, because:

(a) the benefit of the anti-competitive provisions to the community as a whole outweighs the cost; and

(b) the most appropriate way of achieving the objectives of the proposed local laws is by restricting competition in the way provided in the anti-competitive provisions.

#52365291


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ANNEXURE A

PIT REPORT – PUBLIC INTEREST TEST PLAN


Public Interest Test Plan

Bathing Reserves (Amendment) Local Law (No. 1) 2015 Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015

Introduction

In accordance with its obligations under section 38 of the Local Government Act 2009 (Qld), the Council of the City of Gold Coast is conducting a public interest test on possible anti-competitive provisions identified in proposed Bathing Reserves (Amendment) Local Law (No. 1) 2015 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015.

The public interest test process was instituted as a result of the National Competition Policy reforms, which commenced in the mid-1990s. The test will be conducted against the principles and objectives set by the Competition Principles Agreement (CPA), which was entered into between the States and Territories and the Commonwealth of Australia as part of those reforms.

Under clause 5(1) of the CPA, Commonwealth and State governments agreed to the principle that legislation should not restrict competition unless it can be demonstrated that:

• the benefits of restriction to the community as a whole outweigh the costs; and


Under clause 5(9) of the CPA, a public interest test of legislation (including local laws) that restricts competition is required to:






Without limiting the matters to be taken into account in a review, clause 1(3) of the CPA sets out matters which should be taken into account as follows:






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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 15 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 • the interests of consumers generally or of a class of consumers;



This public interest test plan has been prepared in accordance with the document entitled National Competition Policy – Guidelines for conducting reviews on anti-competitive provisions in local laws issued by the Department of Local Government, Community Recovery and Resilience (as it was at the time the Guidelines were issued) and called up under the Local Government Regulation 2012 to provide a basis for community consultation. The Guidelines list criteria, and provide that provisions of local laws are anti-competitive if they fall within the criteria.

This public interest test plan details the activities to be conducted during the test and identifies the depth of analysis to be carried out on the possible anti-competitive provisions.

Definitions

The following expressions used in this plan have the following meanings:


• Amending LL10 means the proposed Bathing Reserves (Amendment) Local Law (No. 1) 2015 which will amend LL10.

• Amending SLL10.1 means the proposed Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 which will amend SLL10.1.

• LL10 means Councils existing Local Law No. 10 (Bathing Reserves) 2004, which Amending LL10 will amend.

• SLL10.1 means Council’s existing Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 which Amending SLL10.1 will amend.

Objective of Amending LL10 and Amending SLL10.1

Section 2 of Amending LL10 provides that its objects are as follows:

“The object of this local law is to amend Local Law No. 10 (Bathing Reserves) 2004 to—

provide the local government with appropriate powers to effectively regulate activities within bathing reserves; and

make consequential and minor amendments; and

insert and amend definitions of terms that are necessary for the implementation of the provisions of the local law; and

ensure consistency with State legislation, the local government’s administrative procedures and the local government’s other local laws and correct grammatical or typographical errors and other inconsistencies;”

Section 2 of Amending SLL10.1 provides that its objects are as follows:

“The object of this subordinate local law is to amend Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 to—


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 16 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 (a) assist in the regulation of regulated activities;

make minor and consequential amendments”.

Details of anti-competitive provisions

The possible anti-competitive provisions which have been identified in Amending LL10 are as follows:

• section 6, to the extent that it:

− inserts a new section 10 (Regulation of business);


− inserts a new section 11 (Designation of excluded bathing reserves);

− inserts a new section 12 (Register of excluded bathing reserves);

• section 10, to the extent that it amends section 14 (Regulated conduct);

• section 15, to the extent that it amends section 23 (Grant of a permit);

• section 27, to the extent that it amends section 55 (Subordinate local laws);


− inserts new Part 11 (Transitional provisions)

− including new section 57 (Transitional provision for the designation of prohibited permitted businesses and prohibited regulated activities)

The possible anti-competitive provisions which have been identified in Amending SLL10.1 are as follows:

• section 7, to the extent that it amends section 5 (Prohibited activities);

• section 10, to the extent that it amends section 7 (Requirement for a permit);

• section 12, to the extent that it amends section 9 (Grant of a permit);

• section 15, to the extent that it inserts a new section 11 (Prescribed criteria);

• section 18, to the extent that it amends the Schedule (Dictionary) to:

− insert a new definition of ‘commercial fitness activity’;

− insert a new definition of ‘permitted business’;

− insert a new definition of ‘underwater recreational activity’.

The reasons why the above provisions are considered to be anti-competitive are identified in the table which forms Attachment ‘A’ to this plan. The list of possible anti-competitive provisions has been amended since it was presented to Council at its meeting on 02 November 2015.


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 17 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 Current environment

Regulation under LL10 and SLL10.1

LL10 and SLL10.1 regulate the use of Council’s bathing reserves including use for commercial activities. The objects of LL10 (which will be retained with amendments in the proposed amendments) relevantly include the following:

“(d) restrict the economic scope of the conduct of commercial activities in bathing reserves in recognition of the fact that such activities may otherwise enjoy an unfair commercial advantage over competitive activities conducted from a fixed premises in the area;

…

(f) restrict the conduct of commercial activities in bathing reserves to activities which are of economic significance to the area and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time), in recognition of the need to—

(i) prevent or minimise environmental harm in bathing reserves; and

(ii) preserve and enhance public safety and amenity in bathing reserves.”

It is therefore a clearly stated objective that LL10 (and SLL10.1, which assists LL10 to achieve its objects) limits the scope of commercial activity in bathing reserves. Amongst other reasons, this is to protect and enhance the character of the Gold Coast’s iconic beaches, which are a fundamental part of life on the coast and contribute significantly to its economy. The anti-competitive provisions in LL10 and SLL10.1 that impose those restrictions on commercial activity were subjected to a public-interest test process prior to their implementation and were retained. Prior to the current proposed amendments, the City undertook public consultation regarding the level of commercial activity on the City’s Ocean Beaches, the results of which supported the economic restrictions imposed by LL10.

LL10 currently regulates the operation of commercial and other activities in bathing reserves through a permit system. Under section 10 of the existing LL10, a person must not operate a business or associated activity on a bathing reserve unless it is specified as a ‘regulated activity’ and authorised under a ‘permit’.

Amendments to Regulation of Commercial Activity in Bathing Reserves

The proposed amendments to LL10 and SLL10.1 will continue to restrict commercial activity in bathing reserves. In particular, the business must not be carried on in a bathing reserve unless the business:

(a) is a permitted business; and

(b) is not a prohibited permitted business; and

(c) if the business is a permitted business but not a prohibited permitted business – the carrying on of the business is authorised by a permit.

The following business is now identified as a permitted business:

(a) conducting an underwater recreational activity (as that expression is defined in SLL10.1); and

(b) conducting a marriage ceremony by marriage celebrant; and

(c) an entertainment or promotional event, product launch or corporate event, which:



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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 18 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015

(ii) complies with the local government’s ocean beaches management plan or surf management plan;

(d) film production; and

(e) a temporary broadcast of a radio or television program; and

(f) photography undertaken for a commercial purpose; and

(g) the delivery to a person in a bathing reserve of food or non-alcoholic beverages from a business located outside a bathing reserve; and

(h) the delivery of beach equipment to a person in a bathing reserve; and

(i) a temporary business authorised by a resolution of the local government for a specified time period.

However, a limited category of permitted business may be carried on without a permit, provided the business complies with criteria prescribed by subordinate local law, and in particular:

(a) the delivery to a person in a bathing reserve of food or non-alcoholic beverages from a business located outside a bathing reserve; and

(b) the delivery to a person in a bathing reserve of beach equipment from a business located outside a bathing reserve; and

(c) the following businesses where they are solely associated with a marriage ceremony that has a permit under LL10:

(i) conducting a marriage ceremony by a marriage celebrant; and

(ii) photography undertaken for a commercial purpose.

The proposed new sections 11 and 12 to LL10 will allow for further restriction of commercial activity by prohibiting otherwise ‘permitted business’ by Council resolution. The new sections will allow Council (after public consultation) to prohibit otherwise ‘permitted business’ from operating in certain bathing reserve areas and could limit the restriction to certain days and/or times. In addition, section 23 will be amended to allow Council to refuse applications for ‘regulated activities’ (for example an event) to operate on particular days in order to undertake maintenance and reduce any adverse impacts on the community from other approved activities.

Prohibition on Particular Businesses

Additionally, amendments to sections 10 and 13(1)(r) of LL10 give Council the ability to prohibit an activity in a bathing reserve by specifying it as a ‘prohibited activity’ in a subordinate local law. The prohibited activities that amending SLL10.1 specifies for the purposes of sections 10 and 13(1)(r) of amending LL10 are as follows: (a) the carrying out of a business involving commercial fitness activity; and (b) conducting a busking performance. The prohibition for fitness training activities will be retained, however the amendments rename this as ‘commercial fitness activity’ and clarify those fitness activities included and those excluded from being prohibited. Conclusions


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 19 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 The possible anti-competitive provisions identified in Amending LL10 and Amending SLL10.1 may have the following impacts:

(a) Impacts on the size, distribution or participation of business:

• for existing and potential permitted businesses, there may be a moderate impact, given that the frequency and location where they can operate in bathing reserves can be limited if maintenance is required, the amenity to the surrounding community is adversely impacted, or if Council resolves to prohibit a permitted business from an area of a bathing reserve;

• for potential beach equipment hire businesses, there may be a positive impact because they will have an opportunity to provide a delivery service of pre-hired equipment within a bathing reserve;

• for potential food supply businesses, there may be a positive impact because they will have an opportunity to provide a delivery service of pre-purchased food and non-alcoholic beverages within a bathing reserve;

(b) Impacts on the consumer price or cost of production:

• unlikely to have a significant impact on the consumer price or cost of production. The overhead costs of compliance with the new regulatory regime will be minimal, and are unlikely to be significantly higher than compliance with the current regime.

(c) Impacts on business ownership, structure, form and behaviour and product service/quality:

• may have a positive impact on business behaviour, given that food and beach equipment delivery operators will be able to operate on beaches however they will need to ensure their practices comply with the prescribed criteria if they wish to provide that service.

• for other permitted businesses, there may be a minor impact on ownership, structure, form and behaviour because opportunities to operate in bathing reserves may become more limited if sections of bathing reserve are restricted due to maintenance activities, amenity impacts on the community and Council excluding sections of bathing reserve from the impact of commercial activity.

• unlikely to have any negative impact on product service or quality.

Confirm sections are anti-competitive

At this stage, the possible anti-competitive provisions that have been identified are still considered to be anti-competitive, and no errors were made during the identification process.

The possible anti-competitive provisions will be re-evaluated following the completion of public consultation.

6. Determination of exclusions

Amending LL10 and Amending SLL10.1 are not excluded from the review of anti-competitive provisions under the Guidelines.

7. Preliminary assessment

A preliminary assessment has been conducted in accordance with the Guidelines. Council is not presently satisfied that there will not be any significant impacts from the possible anti-competitive provisions. Accordingly, the review process will be conducted in accordance with the principles set


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 20 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 out in the Guidelines.

Realistic regulatory and non-regulatory alternatives to LL10, SLL10.1, Amending LL10 and Amending SLL10.1

The objects of LL10 and SLL10.1 (including Amending LL10 and Amending SLL10.1) are achieved through prohibition and by the implementation of a conventional permit system which requires that certain activities cannot be undertaken in bathing reserves without a permit, and allows for the imposition of conditions which assist in implementing the objects of the local law.

Amending LL10 and Amending SLL10.1 will extend Council’s powers of management and control in respect of some business activities that are currently prohibited. It will also provide the ability for ‘food and non-alcoholic beverage delivery’ and ‘pre-hired beach equipment delivery’ business activities to be undertaken in a bathing reserve without a permit provided they comply with prescribed criteria.

The current regime is imposed through a system of regulation by local laws. Regulation is considered to be an effective and appropriate means of achieving the objectives of LL10, SLL10.1, Amending LL10 and Amending SLL10.1.

The other regulatory and non-regulatory alternatives available to the local government which may achieve the objectives of LL10, and SLL10.1 (including Amending LL10 and Amending SLL10.1) are identified in the Guidelines. Those alternatives have been analysed with a view to determining whether any are potentially viable alternatives to the current system of regulation. Following that analysis, it has been concluded that the following alternatives are not considered to be viable:

• self-regulation;

• no-regulation;

• master licensing;

• public information and education program;

• economic incentives;

• industry accreditation; and

• empowering consumers.

The following alternatives were, however, considered to be potentially viable alternatives, and were chosen for further consideration:

• co-regulation; and

• negative licensing.

Co-Regulation

The legal instruments and administrative arrangements involved with co-regulation are much the same as with local government regulation. The difference is that the rules are drafted in close consultation and co-operation with affected parties. For example, the regulation of local business (e.g. business hours) are developed through the joint endeavours of administrators, business, and representatives of the relevant chamber of commerce. The chances of compliance (with or without enforcement) are, therefore, increased because those that are directly affected make the rules, in part.

In a co-regulation environment, the role of local government is that of ‘senior partner’ in relation to product/service providers and consumers.


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 21 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 Negative Licensing

Under a negative licensing system, operators are presumed to have the right to be in business and prepared to ‘play by the rules’, provided they know what the rules are. Participants are fined heavily and immediately for breaches of the rules, and complaints are responded to quickly.

A complete change from the current regulation system to negative licensing may be capable of partially achieving the stated objectives of LL10 and SLL10.1 (including Amending LL10 and Amending SLL10.1). The proposed permit exemptions for businesses undertaking delivery of ‘food and non-alcoholic beverages’ and ‘pre-hired beach equipment’ are in the nature of a negative licensing system. These activities are considered suitable for permit exemption as any individual breach of local law requirements will not have a significant impact on the laws objectives.

By comparison the other business activities that will require a permit or are prohibited have far greater potential for significant negative impact on the laws objectives and for a large financial impost on the community.

A complete change to negative licensing would also require that proposed LL10, SLL10.1, Amending LL10 and Amending SLL10.1 be substantially re-drafted to accommodate the change in regulation.

8. Key stakeholders affected by the current situation and by a move to alternative arrangements

The following key stakeholders and broad impacts have been identified as potentially being affected by the proposed amendments to LL10 and SLL10.1:

Stakeholder Approximate size of group

Distribution of group




Low positive

Enhanced control over commercial activities in bathing reserves. Potential reduction in complaints about disturbance to users of bathing reserves from commercial activity however may be offset by food and beach hire equipment delivery complaints. .


1,000,000 Area of Council’s bathing reserves

Low positive

Continued regulation of limited commercial activity in bathing reserves to protect access, amenity and safety whilst allowing delivery to beachgoers of some products.

Increase in potential disturbance from new commercial activity and corresponding decrease in amenity and safety.

Life-saving clubs 21 Area of Council’s bathing reserves

Low positive

Potential to participate in food and beach equipment hire delivery activities however may face competition from other commercial operators. Still are the only operator able to set up hire facilities within the bathing reserve


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19 Area of Council’s bathing reserves

Low negative

Increased regulation and limitation on opportunities to obtain permits due to possibility of areas of bathing reserve being excluded for commercial use. Operators are considered to be well catered for.

Wedding celebrants 30 Local Government Area

Mod positive

Reduces regulation if operating under a bride and groom permit.



Mod positive

Increased opportunity to operate beach equipment hire delivery businesses without cost of applying for a permit.


9 Local Government Area

Neutral

Both positive and negative positions (i.e. over regulated and under regulated) from members depending upon business models, cost structures etc.

Food Industry 3,800 Local Government Area

Low positive

Increased opportunity to operate food and non-alcoholic beverage delivery businesses without cost of applying for a permit. Some beachside businesses may be negatively impacted by competition from remote businesses. Total sector sales may increase.

Event industry 30, including surf life-saving clubs located in bathing reserves


Low positive

Increased commercial opportunity and some constraints. Amendments allow for:

• product launches and corporate events;

• areas excluded from commercial activities;

• clean-up and maintenance periods in between consecutive events.

The likely broad impacts on the key stakeholders that would result from a change to co-regulation are as follows:






Mod negative

Would require the suspension of the current local-law making process and a potentially lengthy period of consultation with industry stakeholders whilst the laws are substantially re-drafted and an education and training program implemented. It is also not considered that this would result in any substantive benefit to Council, since Council’s current practice is to consult with affected stakeholders during the process of developing its local


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laws.

Whilst the objective of co-regulation is to encourage increased compliance through cooperation, the likely result of moving to a system of co-regulation will be an overall decrease in the regulation of business in bathing reserves. This may negatively impact on the objective of prohibiting business in bathing reserves except where specifically authorised because of some intrinsic need or benefit.

Increase in resources required to properly maintain safety and amenity in bathing reserves due to decrease in standards for commercial activities.


1,000,000 Bathing Reserves Low negative

Increased consultation with business is likely to result in overall decrease in regulation of bathing reserves.

Likely increase in operators of the affected businesses over time, leading to reduced amenity of bathing reserves and likely impacts on the safety of users.

Life-saving clubs 21 Bathing Reserves Low negative

Increased consultation with business is likely to result in overall decrease in regulation of bathing reserves which may affect the life saving clubs.


19 Bathing Reserves Low positive

Increased consultation may result in minor reductions in regulatory constraints however operators are well catered for.


Low positive

A system of co-regulation may result in reductions in regulatory constraints. However with input from other stakeholders there is also potential for additional regulatory constraints.. The proposed amendments advantage this stakeholder group as they work on a negative-license system with limited regulation.


6 Bathing reserves Low positive

A system of co-regulation may result in reductions in regulatory constraints however there is also potential with input from other stakeholders for additional constraints. The proposed amendments advantage this stakeholder group as they work on a negative-license system (for delivery activities) with limited regulation.



Neutral

Fewer complaints by business of over-regulation and anti-competitive local laws because of the reduced regulation.

Potential increased complaints by operators of fixed-location businesses at a disadvantage over operators on bathing reserves.


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Low positive

A system of co-regulation may result in reductions in regulatory constraints however with input from other stakeholders there is also potential for additional constraints. The proposed amendments advantage this stakeholder group (for food deliveries) as they work on a negative-license system with limited regulation.

Operators may benefit from input into the development of the regulatory regime however this would require the suspension of the current local-law making process and a potentially lengthy period of consultation with industry stakeholders whilst the laws are substantially re-drafted and an education and training program implemented. Proposed amendments will allow partial operation of a currently prohibited activity sooner.



Low positive

A system of co-regulation may result in reductions in regulatory constraints however with input from other stakeholders there may also be an increase in constraints. The proposed amendments advantage this stakeholder group as they allow for product launches and corporate events .

The likely broad impacts on the key stakeholders that would result from a change to negative licensing are as follows:






High negative

High potential for increase in complaints about safety and amenity issues in bathing reserves. Associated impacts on the reputation of Council’s beaches which are integral to its economy. Loss of potential permit fees.

Negative licensing would require substantial changes to the local law to abolish the permit system and require Council expenditures on business awareness raising and training.

Increase in resources required to properly maintain safety in bathing reserves due to decrease in standards for commercial activities.


1,000,000 Area of Council’s bathing reserves

Moderate negative

Likely increase in operators of the affected businesses over time and poor compliance standards leading to reduced amenity of bathing reserves and likely impacts on the safety of users.


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Life-saving clubs 21 Area of Council’s bathing reserves

Moderate negative

Potential increase in resources required to properly maintain safety in bathing reserves due to decrease in standards for commercial activities.



Low negative

The current restrictions to prevent operators moving in on other operator’s areas would be removed by a negative-licensing scenario. Existing operators would be impacted by a lack of regulation protecting their specified location and potential damage to the industry’s reputation from itinerant operators.

An influx of operators may provide increased access to school services however due to reduced standards there may also be an increased safety risk to school patrons and other beachgoers.

.


Low positive

The current means of regulation by Council is similar to a negative-licensing scenario. The status quo would therefore effectively be maintained, however operators would benefit from the continuing lack of regulation.



Low positive

Currently proposed for this group (for equipment delivery) . Increased opportunity to operate beach equipment hire delivery businesses without cost of applying for a permit



Low Negative

Decreased beach safety and amenity standards resulting from negative licensing would impact on the city’s attractiveness as a tourism destination and the economy. Fewer complaints by business of over-regulation and anti-competitive local laws because of the reduced regulation.

Increased complaints by operators of fixed-location businesses at a disadvantage over operators on bathing reserves. Increased complaints by operators vying for a location to run their business.


Low positive

Currently proposed for this group (for food delivery). Increased opportunity to operate food and non-alcoholic beverage delivery businesses without cost of applying for a permit



High negative

Unable/difficulty in securing location and times to hold events. Increased competition with similar events held at the same time and/or same location.

Type of assessment and level of resources required


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 26 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 The assessment will comply with the following principles set out in the Guidelines:

1. Meaningful consultation with relevant businesses about the anti-competitive provisions;

2. Examination of the reasonable alternatives to the anti-competitive provisions;

3. A cost benefit analysis that involves calculating the value of the impacts, both positive and negative, of the anti-competitive provisions including:

(i) the local government’s costs in implementing and enforcing the provisions;

(ii) the costs of compliance for business;

(iii) comparison of the total costs for each of the reasonable alternatives;

(iv) the benefits to the community from the anti-competitive provisions.

4. Determining whether on balance the anti-competitive provisions should be retained in the proposed local law in the overall public interest.

In conducting the assessment Council will also have regard to the Public Benefit Test Guidelines dated October 1999 by Queensland Treasury. The assessment will be conducted by Council as a minor assessment. The emphasis will be on qualitative analysis with key impacts expressed in monetary terms where data is available.

The review will be conducted in-house by a team of Council officers.

Extent of consultation to be conducted

Consultation will be conducted by giving public notice of the review in the local newspaper and inviting submissions. Public notices will also be posted on the public notice boards in Council’s chambers and on Council’s website, and letters will be sent to representative bodies of existing operators advising of the review and inviting submissions. The public notice will also advise that the consultation on anti-competitive provisions is being conducted with the public consultation for Amending LL10 and Amending SLL10.1.

The public interest test plan and copies of Amending LL10 and Amending SLL10.1 will be open to inspection at Council’s public office and copies will be available for purchase.

Determine time-frame for conducting the public interest test

The time-frames for conducting the public interest test will be as follows:

Commence public interest test 15 November 2015

Estimate of time for completing public interest test

Consultation period

6 weeks, including consultation period.

Minimum of 3 weeks (21 days)


The Council meeting to be convened by Council on 29 January 2016.


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Public Interest Test Plan: Bathing Reserves (Amendment) Local Law (No. 1) 2015 Page 27 and Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 Determine content of the public interest test report


• a summary of the consultation process including a list of affected groups consulted and the outcomes of consultation;

• a statement of alternatives which are assessed to be not viable;

• a summary of the positive and negative impacts associated with the alternatives compared to the existing environment;

• a summary of the net impacts (positive or negative) associated with the alternatives; and

• recommendations.

Public interest test plan approval

This decision has been delegated by Council to the Chief Executive Officer. The Local Government Act 2009 allows this decision to be delegated by Council. Council will not delegate any decision in respect of recommendations contained in the actual public interest test report.

Approved by:

#51064557


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PIT Plan – continued (List of Possible Anti-Competitive Provisions from #50952475)


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Agenda Attachment 5


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Agenda Attachment 5


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ANNEXURE B PIT REPORT - TABLE OF RESPONSES TO COMMUNITY CONSULTATION

Public Submissions Received for the Proposed Local Law/s and Council’s Consideration Public Submissions for –

• Bathing Reserves (Amendment) Local Law (No. 1) 2015 (the proposed local law) • Bathing Reserves (Amendment)Subordinate Local Law (No. 1) 2015 (the proposed subordinate local law) • Public Interest Test Plan

File: LG222/365/30

Advertised in the Gold Coast Bulletin Saturday 14 November 2015 and on Council’s website – “gchaveyoursay”. With submissions commencing on Sunday 15 November 2015 and closing Monday 7 December 2015 (23 days consultation). Right to Information Act 2009 and Information Privacy Act 2009 Unless otherwise authorised or required under a law any personal information contained in any submission made will only be utilised by Council for the purposes of conducting the Local Government Act 2009 prescribed consultation stage of Council’s Local Law making process

TOTAL = 27 submissions received. Table 1 provides a copy/précis of submission details and a breakdown of salient points within each submission for consideration. Table 2 provides consideration of each submission point to each submission received. Table 3 outlines recommendations that support public consultation submission Attachment 1 contains the details of the submission received from Surf Life Saving Queensland (SLSQ) due to the size of the submission. Details of attachments sent with submission 24 have not been included due to their potential for commercial confidence.


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Table 1: Submissions Received Su

bmis

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Submission from: Amend LL #

Précis of submission details (include section/s of proposed law )


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1 Member of Public Online 19/11/15 #52140752

I am concerned about this proposal for a number of reasons. As a local, I enjoy Gold Coast beaches because they aren't commercial, I can have my little piece of nature (regardless of how many people or dogs are around) and I object to this being overrun by vendors of any kind. It will disturb the visual amenity, impact the environment by increasing the chances of rubbish being left on the beaches and seriously, people can pack lunch, walk to a nearby store and bring their own beach equipment. It will also have an economic impact on established local businesses who rely on beach trade to sustain their profitability. Additionally, any food or beach equipment vendor would also need a means of transporting said vending station on the beach which will also disturb the beach going experience. I'm happy to see a life saving truck or quad bike, I'm not happy to see one belonging to a commercial operator. Please don't commercialise our beaches. They are one of the few 'family friendly' things the GC has going for it with all of the bad press around the "Glitter Strip". It would be one more piece of plastic in what should be a location celebrated for its beauty.

Objection regarding food on beach due to 1. Keep natural no commercialisation 2. Visual amenity issues 3. Litter 4. Concern for established

businesses 5. Vehicles on beach 6. Keep beaches ‘family friendly’

G D A H N G


There should be a requirement that businesses operating a ‘delivery of food’ or ‘delivery of hired beach equipment’ activity to deliver their product in a bathing reserve; have a zero waste policy/practice and 100% free of single

Objection regarding food on beach due to: 1. Litter

Suggestions: 1. Requirement to have zero waste

policy by business, and

A


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use plastics. 2. Requirement not to use plastic. 3 Member of Public

Online 20/11/15 #52148425

I don't believe this is a good idea it will change the look of our beaches spoiling one of our greatest natural assets. It can be a safety hazard for people due to rubbish being left behind such as broken glass, plastic bags which can eventually end up in the ocean and effect our marine life. More bins will have to be provided which again will not be a nice visual to our beaches let alone the smell. It will increase cost due to more staff being employed to keep up with the maintenance of the cleaning. The rubbish will attract more birds scavenging for food. Having commercial activities on the beach will be very annoying as you will start to have all sorts of commercial activities on the beach and you are there to relax and enjoy the beautiful beaches, waves and sun and not have commercial people selling you products that you have no interest in. If you are hungry, need a hat, need sunscreen or any sort of commercial items that is being proposed to trade on our beaches there are plenty surrounding shops, malls, restaurants that you can go to you don't have to have anyone come to you and hassle you when you are trying to enjoy a family or relaxing day out, think how the tourist will feel they also want to come and relax not be annoyed we have enough of that when we go to the large shopping malls we don't need it on the beaches. Being active, exercising is always so pushed across the states, TV commercials etc so why not go for walks to get something

Objection regarding food on beach due to 1. Litter 2. Broken glass 3. Effect on marine life from litter 4. Bins unsightly and smelly 5. Increased cost of maintenance and

cleaning 6. Increase scavenging birds 7. Promote increase in commercial

activity on beach – very annoying 8. Potential for touting 9. People should get up an walk 10. Impact on permanent businesses 11. Security of personal items 12. Keep beaches natural and free

from commercialisation

A B A D F

C G

K M H O G


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instead of being inactive and wait for someone to come to you. Let's also think of the permanent businesses in the local area they pay a large amount of money on rent for their businesses and this could potentially take business from them is that fair? Shouldn't the council have their local business' interest in mind? The security of personal items left on the beach whilst in the water could be at an increasing risk of being stolen. Currently when at the beach you have an idea who sits around your belonging and keep an eye from afar however having commercial people walking around will make it easier for potential thieves to get away with stealing personal belongings as they will easily be able to blend in with potential commercial traders. We have enough Commercialised areas lets keep our beaches natural and free from all that.


I'm against delivering food and beverages to the beach. It would be a very unhygienic, it would bring not only more rubbish to our beautiful beaches but also birds, like aggressive seagulls and dirty ibises, droppings, ants etc. Everything is so close by and do really people need to eat take away all day long!

Objection regarding food on beach due to: 1. Litter and 2. Increase in scavenging birds.

A B


Not in favour. Protect our beaches from rubbish, broken glass. Environmental impact too high from litter.

Objection regarding food on beach due to 1. Litter 2. Safety hazards from broken glass

A B


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I am against the following proposal - "the delivery to a person in a bathing reserve of food or non-alcoholic beverages from a business located outside a bathing reserve". As a resident of Gold Coast, I want my beaches to be clean and free of garbage, which will be created if this proposal gets passed into law. It will make the city look dirty, unkempt and undesirable for visitors and tourists.

Objection regarding food on beach due to 1. Litter

A


Environmental (rubbish, plastic bags on the beach and in the ocean, affecting marine life and bird life) Visual Amenity (rubbish) Changing the Face of Our Beach Culture Spoiling one of our greatest natural assets and points of difference Safety (rubbish, broken bottles, cans, etc) Opening the door to further commercial activity Associated illegal activity such as touting ie trying to sell other goods and/or services Tourists and Locals being hassled Scavenging (Ibis, Seagulls, Vermin, Dogs, etc) Extra removal of rubbish (cost to Council) Unsightly rubbish bins which will need to be installed Smell from rubbish Illegal parking from delivery drivers Commercial impact on business owners, with high overheads, who are in proximity to the beach. This will effect 42 km of beaches.

Objection regarding food on beach due to 1. Litter, 2. Opening to further commercial

activity, 3. Illegal touting, 4. Unsightly and smelly bins, 5. Cost of clean-up and servicing

bins, 6. Illegal parking 7. Impact on nearby commercial

premises 8. Scavenging birds, and 9. Glass on beach.

A G K D F P H

C B

8 Member of Public Letter emailed 21/11/15 #52155781

We wish to lodge our objection to the proposed delivery of take away food to our beaches. We also wish to support the FREE use of our beaches for fitness based activities, both private and commercial, eg , groups with personal trainers.

Objection regarding food on beach but support for fitness based activities including commercial due to:

1. Fight obesity, walk to get food 2. Sun cancer, move people out of

sun

M Q A


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Governments spend huge amounts of money fighting obesity , and promoting healthy lifestyles. We encourage walking or cycling instead of driving. Council provides lots of exercise equipment in parks to encourage people to keep fit. Now, we are encouraging people to lie on the beach instead of a short walk to the nearest café! Also , we have one of the highest rates of Sun Cancer in the world, so wouldn’t it be better if people got out of the sun, especially during the middle of the day, and eat in the shade of a café, or at least,walk to one? Furthermore, We have never seen a place like our Gold Coast, where people simply DUMP their rubbish on the side of the roads wherever they wish, and expect the council to come and clean it up. We have free dumping sites provided but people are just too LAZY. Council provides free doggy doo bags, yet many many people are even too lazy to even clean up after their own pets. What makes council think people will dispose of their rubbish from the beaches? This will turn our beautiful beaches into rubbish tips left for council and the ratepayer to clean up, as well as impacting on our marine life and bird life, plastic bags, broken glass, cans, etc. An influx of scavenging ibis, seagulls, stray dogs other vermin, and the smell of overflowing rubbish bins, will greatly enhance any family’s day out at the beach! [NOT] What

3. Lazy people who dump waste on side of road will leave rubbish on the beach

4. Cost to ratepayer to clean up litter 5. Impact to marine life from litter 6. Increase in scavenging birds, stray

dogs and vermin 7. Smell of rubbish bins 8. Our beaches are currently ‘pristine’

F A C

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an image for the Gold Coast! Spare a thought for the volunteers of “ Clean Up Australia “, who give so much time and effort to keep our country clean and Beautiful. If one can’t be bothered to walk to a café, We’re pretty sure they won’t be bothered to walk to a bin either. Speaking of bins, there are none on our beaches at present, creating another unwanted cost for the ratepayers for council to provide, empty, clean, and maintain. We are spending huge amounts of money promoting the Gold Coast for the upcoming Commonwealth Games, as being a vibrant city with PRISTINE beaches and a healthy lifestyle, Not a lazy place with trash-covered beaches. If this practice is allowed to operate, it will be a sad day for the Gold Coast


Environmental risk Health risk with food buries Dump birds everywhere People won't get up at all --we are already fat nation

Objection regarding food on beach due to: 1. Environmental and health risks, 2. Food buried, 3. Dump birds, and 4. Obesity

A A C M


Environmental (rubbish, plastic bags on the beach and in the ocean, affecting marine life and bird life) Visual Amenity (rubbish) Changing the Face of Our Beach Culture Spoiling one of our greatest natural assets and points of difference Safety (rubbish, broken bottles, cans, etc) Opening the door to further commercial activity Associated illegal activity such as touting ie trying to sell other goods

Objection regarding food on beach due to: 1. Litter, 2. Opening to further commercial

activity, 3. Illegal touting, 4. Unsightly and smelly bins, 5. Cost of clean-up and servicing

bins, 6. Illegal parking,

A G K D F P C B


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and/or services Tourists and Locals being hassled Scavenging (Ibis, Seagulls, Vermin, Dogs, etc) Extra removal of rubbish (cost to Council) Unsightly rubbish bins which will need to be installed Smell from rubbish Illegal parking from delivery drivers Dump birds everywhere More glass on the beach --more likely to have an injury I also want to point out that this will apply to the entire bathing reserve (42km of beaches).

7. Dump birds, and 8. Glass on beach.


If this could be regulated, like the Surf Life saving and council setting up a food and drink van at all of these locations to stop the impact on the environmental due to rubbish, plastic bags on the beach and in the ocean, affecting marine life and bird life also this could open the doors to all sorts of illegal activity of selling and harassing tourists and locals which could further affect other businesses and tourists coming to visit the Gold Coast

Objection regarding food on beach due to: 1. Litter and 2. Potential for touting

A K


Commercial vendors on our beautiful beaches would cause immense problems with hygiene, rubbish being left lying around, glass bottles, cans, plastic bags, etc. etc. Keep our beaches beautiful, as they are now.

Objection regarding food on beach due to: 1. Litter and 2. Glass bottles.

A B


I strongly object to the selling and delivery of food to patrons on the beaches for the following reasons:

1. Rubbish left behind and the cost to council to clean it up.

2. Rubbish left behind that could blow or be

Objection regarding food on beach due to: 1. Litter 2. Cost of clean-up 3. Risk to marine life 4. Smelly unsightly bins and 5. Discourages patronage to nearby

shops and eateries.

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washed into the ocean causing an environmental danger to marine life eg plastic bags and bottles as well the unhygienic issue to swimmers

3. Rubbish left behind encourages vermin - encourages snakes etc. Additional smelly bins would be unsightly and stinking up our beautiful beaches.

4. Beachgoers do not need to have food delivered there are plenty of places of the beach to eat and drink and this would discourage patronage to those shops and eateries. Just a small range of issues that this proposed amendment to this law would produce

14 Member of Public online 23/11/15 #52165533

Re the Local Government Act 2009 - Regarding the Bathing Reserves (Amendments) Point (a) allowing businesses to deliver FOOD to beach areas - I don't agree with this as it could potentially lead to a lot of litter on our clean beaches. Also risk of more plastic going into our oceans. People generally bring their own food to the beach if they need it or take a short walk to the many local cafes and available food places right close to the beach.

Objection regarding food on beach due to 1. Litter 2. Plastic into ocean

A


I am against food deliveries to the beaches unless it is totally consumable, no cans bottles or wrappers. Unfortunately people leave rubbish everywhere. If you have ever participated in clean up Australia or any other

Objection regarding food on beach due to 1. Litter

A


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clean up groups you will know even in the most out of the way areas that have a beach you find Mac Donald wrappers, by the 100 and in just 200 metres you will fill l large bag full. forget about it! It is a nice idea but it will only make our beaches into a trash can. Unless you hire a person to clean up after everyone you will end up looking bad.

16 Member of Public Email addressed to Cr Paul Taylor – Div 10. 23/10/15 #52122197

Hi Paul, just a few things that come to mind re food selling on the beach 1 .LITTER a hugh problem with all the plastic takeaway junk [look at what the Surfers mall looks like early in the morning before it is cleaned up] When I first went to greece in the 1990 the water was full of polystyrene Mc Donald Big Mac containers and plastic bags I said I would never go back. I did and they had taken major steps to fix this problem. Same with Halong Bay in Vietnam a beautiful place but the water was revolting with loads of rubbish being washed up on the foreshore. Same in Hong Kong .it will only take 1 photo of garbage in the water to ruin the G/C reputation. We have travelled all over the world and our beaches are the best and the cleanest at present

2. Broken bottles or sharp plastic knives or folks sticking up. Will the council have people wanting to litigate against them if they are injured?

3 Bins on the beach for rubbish, know bins have been removed from eg stations due to

Objection regarding food on beach due to 1. Litter 2. Sharp utensils creating litigation

issues and injury 3. Bins and cost of service associated 4. Eating and immediately swimming

which may increase risk for swimmer, vomit on the beach and increase duties of lifeguards

5. Robbery as phones and cards taken to beach

6. Alcohol 7. Disturbance from delivery persons

searching for customers 8. Seagulls swooping for food and risk

of injury to people 9. Safety of the food being delivered 10. Parking of delivery vehicle 11. Obesity

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terrorist threats /no bins people litter. What cost to rate payers for the bins or for them to be emptied/how often and by who?

4 as a teacher since 1977 on the coast I would worry about children going in the water too soon after eating /more hassles for the lifesavers as a 'full" stomach is very unhealthy. If/when rescued and need Resuscitation they will vomit stomach contents back UGH!!!!! /more revolting for life guards!!!Will people have to sit and eat or can they wander all over with food?

5 Robbery at least now you can leave your credit cards and phones locked in the car if you want to order food you need them with you.

6 Problem of alcohol on the beach who knows what will be "in the order' from the "shop supplying" food How can this be policed?

7 Relaxing on the beach and then people carrying food all running all over the beach with deliveries walking over towels/sand movement etc Finding the people who ordered without yelling out Smith family etc

8 Seagulls swoop for food again if injured [by a flying bird]on the beach by food being delivered to the beach. Can people litigate against the council?

9 The ad looks great with the meter maids delivering food to 2 people each by a single meter maid this is not going to happen if a family of 6 people want food. If food is "tainted"


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before it reaches the beach and people get sick who is to blame.? Where will the restaurant delivering food park it will take several mins to get food to the beach .I could continue with a heap more on this. Obesity crisis in Aust surely people can go and eat at a restaurant or fast food place when hungry and not have to have it as well on the beach. We are all getting too fat!!!!!!! Paul I am sure others will think of heaps more reasons. We had a huge litter problem at school when the students could eat anywhere. They are now confined to a lovely area with tables /chairs and bins and the litter problem has almost disappeared. Hopefully the council will consider all the problems with food on the beach and the cost to rate payers to clean it !! Many thanks for your time,

17 Commercial Operator Online 24/11/15 #52174581

If you are going to allow the law to pass for FOOD TO BE DELIVERED ON THE BEACH on beach it MUST be offered ONLY to the people who are paying huge rents close to these beach facilitates. I own [redacted] in Surfers Paradise and pay over $1 million per year for rent. I also own [redacted] in Broadbeach. For you then to take my trade and give to someone who does not pay rent or the levies to Surfers Paradise precinct would impact my trade over 20% which would then severely impact how I could sustain this business with the current rent I have to pay.

Objection regarding food deliveries onto beach due to:

- Impact on nearby high rent paying food premises

I

18 Non-Government Organisation Keep Australia Beautiful (KAB)

Keep Queensland Beautiful supports initiatives that increase tourism and the local economy,

Objection regarding food deliveries onto beach due to:


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Online 25/11/15 # 52197392

where proposals do not negatively impact on the environment. The Local Law Amendment- Bathing Reserves 2015 is not a proposal for which we (Keep Queensland Beautiful) can support in it's current form. Opening our beautiful (award winning) beaches up to fast-food deliveries will have a negative impact, not only on the beach environment, but also on Council's litter and waste strategy. Council will need to increase it's litter patrols and beach cleansing to meet demand. Queensland is the worst littered mainland State in Australia. Allowing beach-goers to get lunch/dinner delivered, will only see the lazy nature of humans magnified. What we do support is a revised version of the proposed Bathing Reserves 2015 local law that implements a "beach guardian" who would be responsible for policing the beach. We also support opening the beach front up to Surf Life Saving Clubs to serve meals - they would be responsible corporate citizens who would keep their beach environment clean and litter-free. Just allowing an external business access to deliver on the beach removes any "ownership" and "responsibility" for the packaging that may be left behind. Of course, increasing/introducing bins on the beach will help, but we will still see an increase in litter. One of our campaigns; Litter on land, Kills at sea, is used to raise awareness of the impacts of litter in our waterways. If the City of Gold Coast approves this move, without restrictions, or without careful consideration to possible alternatives to

1. Negative impact on the Environment

2. Negative impact on the Council’s litter and waste strategy

3. Need for Council to increase litter patrols and beach cleansing

4. Qld is worst littered mainland State in Australia

5. Lazy nature of humans magnified 6. Removes ownership and

responsibility for delivery business regarding packaging left behind

7. Whilst increasing/introducing bins will help, litter will still increase

8. Counterproductive to the Keep Australia Beautiful campaign “Litter on land, Kills at sea”

9. Result in increased litter in ocean and killing of marine life

10. Gold Coast would be a failed-pilot laughing stock of other coastal communities

11. Support for introduction of a ‘beach guardian’ who would police the beach

12. Support opening beach front to SLSQ clubs to serve meals

13. Support for vendors on the beach who are responsible for keeping their area clean and litter-free (e.g. Bali)

A A

F

A

A A

A

A

A

A

AA

BB

CC


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the proposal, we will see an increase of litter in our ocean, which is deadly to marine and wildlife. I plead with the City of Gold Coast Councillors to reconsider this proposal and ask the public servants to go back to the drawing board. The tourism dollar is extremely valuable, so it would be better to get this right the first time, not be the failed-pilot laughing stock of other coastal communities. In places like Bali, they have businesses who are situated right on the beach- these vendors are responsible for keeping the area clean and litter-free. This could be a model the City of Gold Coast considers. It is of great concern to Keep Queensland Beautiful, if Council approves the local law, without anyone (a business) being responsible for the packaging. I look forward to hearing about the outcome and hope Council do the right thing.

19 Member of Public Online 27/11/15 # 52239445

Yes I do not agree with proposed amendments, as I believe it would destroy our beach front natural surroundings, plastic bags and rubbish would be strewn everywhere, we do not need this at all.

Objection regarding food on beach due to: 1. litter destroying natural

surroundings

A

20 Member of Public Online 2/12/15 # 52239463

Food deliveries to beach. Whilst I think this would be ideal, I would hate to think of the consequences. For instance, in Bali, you could be sitting on discarded chicken bones and have rats attracted to rubbish. And we must never have an area that all residents cannot

Neutral Idea of food delivery on beach supported however objects to:

1. Litter 2. Prohibiting residents from

accessing any part of the beach

A G


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access. This is Australia!


I am concerned about food being supplied to bathers at the beach. I am worried that it will lead to further rubbish on our beaches and in the ocean.

Objection regarding food on beach due to: 1. Litter.

A

22 Commercial Operator (CO) Email 30/11/15 #52274200

[redacted] would like to put forth an application for the proposed laws and the public interest to allow for businesses operating a ‘delivery of hired beach equipment’ activity to deliver their product in a bathing reserve.

[redacted] have been granted an approval from the Gold Coast City Council to conduct a Surf School in a bathing reserve. [redacted]

In addition to the above approved permit to operate a surf school, [redacted] would like to have the opportunity to deliver hired beach equipment

Support for business opportunity to conduct delivery of hired beach equipment (request to make application from a surf school operator).

Y

23 Non-Government Organisation Surf Life Saving Queensland (SLSQ) Emailed (“word” submission form) 7/12/15 #52277590

See submission details in Attachment 1 No objection to the changes relating to patrol member responsibilities. Objection to commercial activities on beach due to:

1. Patrol captains cannot police financial transactions

2. Potential distraction to lifesaving patrols

3. Rubbish bins not to be in flagged areas due to safety [note: flagged

Z

S

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C


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areas move for surf conditions] 4. Potential for vermin, birds other

scavengers potentially moving people to non-flagged and unsafe areas

5. Not to be within carnival areas 6. Risk to children with people selling

products 7. No commercial activities during

nipper training days 8. Not to impact nipper operations 9. Environmental issues such as litter 10. Environmental issues such as

visual amenity 11. May encourage touting and other

illegal activity 12. Cost to Council for extra removal of

rubbish 13. Rubbish bins unsightly and smelly 14. External operators divert funds

from SLSQ clubs 15. SLSQ clubs have kiosks that may

be financially affected 16. Increase parking congestion

around surf club car parks 17. Possible illegal use of emergency

vehicle parking 18. Concern patrol members would be

used as a public address system 19. Concern of effect on local

businesses 20. Trial of beach hire equipment was

unsuccessful 21. Impact on surf club commercial

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viability impacts their ability to promote surf awareness and provide life-saving patrols

24 Commercial Operator (CO) Emailed submission sent to Mayor and Councillors 21/11/15 #52168660

Dear Councillors I would like to bring to your attention a viable compromise to the current controversy over retail trading on our beaches. This would allow beachgoers limited access to basic provisions they may desire and at the same time greatly benefit the continuity of safety on our beaches by financially assisting the fantastic work done by Surf Life Saving Queensland. I have attached details of a brief proposal currently being considered by Surf Life Saving Clubs on the Gold Coast and would like to present it to you for consideration and possible endorsement. This proposal suggests controlling beach retail by restricting it to the surf clubs, operating in their currently allocated zones and utilising volunteers to offer limited retail and rental services whilst boosting their fundraising and public awareness efforts. After perusing the brief attachment, feel free to contact me with any queries. I believe this proposal meets the requirements of those keen to take advantage of some beach retail, but well restricts the number of operators to one very worthy organisation with a genuine interest in our beaches. Thanks for considering. I look forward to your

Alternative suggestion to proposed food delivery:

1. Restricting beach retail to surf clubs

2. Sale of food on beach by surf clubs i.e. by using mobile food stall (e.g. fully equipped trailer) to be operated by surf clubs

DD


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early response. 25 Non-Government Organisation

Surfers Paradise Alliance (SPA) Email 11/12/15 #52317643

The Surfers Paradise Alliance (SPA) Board is offering the following comments for consideration by City of Gold Coast with respect to proposed changes to the City of Gold Coast Bathing Reserves (Amendment) Local Law (No.1) 2015 and Bathing Reserves (Amendment) Subordinate Local Law (No.1) 2015.

1. The SPA board wishes to ensure that any changes to the local laws do not disadvantage Surfers Paradise businesses and traders operating within the precinct who have established businesses and who contend with very high fixed operational costs of running a business in Surfers Paradise and particularly rental/lease outgoings.

2. In specifying and allowing for businesses to operate a “delivery of food” or “delivery of hired beach equipment” within the bathing reserve area of Surfers Paradise we request that the law only allows for businesses currently operating full time beach hire equipment or food outlets within the Surfers Paradise precinct to be approved to undertake these services.

3. The SPA Board want to ensure that

Objection to current proposal and submitted the following requests for consideration:

1. No disadvantage to established businesses within the Surfers Paradise precinct

2. Restricting delivery services at Surfers Paradise beach to only those businesses who currently operating within the Surfers Paradise precinct

3. Mobile or temporary food and beach hire operators be not approved within 400m of the Surfers Paradise precinct [note: this matter has also been referred to Council’s Parks and Recreation Branch for consideration]

4. Council acknowledge the significant effect mobile or temporary food and beach hire operators would have on the economic viability of traders within the Surfers Paradise precinct

H


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part time operators of trucks/vans or pop up outlets for food service or beach hire equipment are not be permitted to operate within the precinct beach/bathing reserve and contend that no approval for pop up food or beach hire outlets be given to any provider within an area of 400 metres of the beach/bathing reserves of the Surfers Paradise precinct.

4. The Surfers Paradise Alliance Board has conducted extensive consultation with Surfers Paradise traders and businesses over the past 3 years particularly in relation to their views on food outlets being approved for Markets or Event activations and the Board has given assurance that no Surfers Paradise Alliance initiated event activation will allow for provision of ready to eat food that will compete with current food outlets.

5. The Board seeks to have the City of Gold Coast recognise the significant negative impact that any pop up food or beach hire activation will have on the economic viability of existing traders within the Surfers Paradise Precinct.


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26 Member of Public On-line 23/11/15 #xxx

I believe that changing the law in order to allow food delivery to the beaches is an error. It will affect the natural environment negatively - I live on the beachfront and know that even now the rubbish left on the beach after a holiday or weekend is of concern, and there is plenty more which washes ashore or is left by beach goers even on week days. This rubbish ruins one of the Gold Coast's most precious tourism resources, as well as adversely affecting the natural environment. These changes to the law are simple going to mean more Council and rate-payer resources are spent on beach clean ups, which would be unnecessary without the aforementioned changes. Furthermore, tourists and locals alike value our beaches for their natural beauty, unmatched by almost anywhere in the world. Plenty of tourists might settle for the more commercialised beaches of Bali, for example, but would they be willing to pay the higher prices associated with holidaying in Australia for a beach of Bali's quality, with touts and rubbish everywhere? I think not. We need to protect the pristine and peaceful nature of our beaches in order to continue to attract tourism, or we will lose visitors to better protected beaches on the Sunshine Coast and the Tweed Coast.

Objection regarding food on beach due to: 1. Negative effect on natural

environment 2. Rubbish left on the beach ruins

Gold Coast’s most precious tourism resource

3. Increased cost of beach clean up 4. Need to protect the pristine and

peaceful nature of our beaches 5. Lose visitors to better protected

beaches on the Sunshine Coast and Tweed Coast

A

A

F D

W

27 Member of Public Online 23/11/15 #xxx

I am against food being delivered to beaches Objection regarding food on beach.


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Table 2: Consideration of Public Submissions C

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A 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21,

23, 26

Objection regarding food on beach due to

- Litter - Lazy people who

dump waste on side of road will leave rubbish on the beach

- Food buried - Negative impact on

the Council’s litter and waste strategy (KAB)

- Lazy nature of humans magnified (KAB)

- Removes ownership and responsibility for delivery business regarding packaging left behind (KAB)

- Whilst increasing or introducing bins will help, litter will still increase (KAB)

- Litter destroying natural surroundings

- Queensland is worst littered mainland State in Australian (KAB)

Objections around litter reflect the public consultation regarding commercial activities on ocean beaches conducted in 2014. In the 2014 consultation a specific question on litter was not included however responses to other questions included many concerns regarding litter (20 mentions).

The suggestions of making the delivery business responsible for their customer’s litter is largely unachievable.

Options could include requiring food to be delivered in biodegradable marine safe and non-toxic packaging to reduce harm to marine life however this does not reduce amenity issues or safety issues for the public.

Litter is highly likely to end up in the ocean and could harm marine and bird life.

Blown litter (e.g. pizza box) may put added pressure on Council’s Lifeguards and Surf Life Saving Queensland’s Patrol Captains to police litter and increase demand for first aid services due to injuries. This diverts their attention from core business of monitoring safety of bathers and other ocean users.

Placing bins on the beach would be difficult and would need to be above the high water mark and able to withstand storm surge unless Council removed all bins prior to an expected storm surge – added cost. Bins are in some cases placed at the foreshore entrance however this has not stopped littering behaviour on the beaches.


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- Counterproductive to the Keep Australia Beautiful campaign “Litter on land, Kills at sea” (KAB)

- Impact to marine life from litter

- Result in increased litter in ocean and killing of marine life (KAB)

- Environmental and health risks

- Negative impact on the Environment (KAB)

- Negative effect on natural environment

- Rubbish left on the beach ruins Gold Coast’s most precious tourism resource

- Gold Coast would be a failed-pilot laughing stock of other coastal communities (KAB)

Suggestions: - Requirement to have

zero waste policy by business, and


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- Requirement not to use plastic

B 3, 7, 10, 12 Objection regarding food on beach due to

- Broken glass - Glass bottles

Glass is specifically prohibited under the proposed amendments however there is some residual risk as 100% compliance with any law is not usually achieved.

C 3, 4, 7, 8, 9, 10, 16,

23


- Increase scavenging birds

- Increase in scavenging birds, stray dogs and vermin

- Dump birds - Seagulls swooping for

food and risk of injury to people

- Potential for vermin, birds other scavengers potentially moving people to non-flagged and unsafe areas (SLSQ)

Seagull activity around food being eaten does occur and is likely to increase if food consumption increases. Food left in the sand may attract scavengers such as birds, rodents and dogs.

D 1, 3, 7, 8, 10, 13, 23,

26


- Visual amenity issues - Our beaches are

currently ‘pristine’

Visual amenity impacts from litter and bins could affect tourism. Bins need to be placed well above the high water mark.

Objections around amenity reflect the public consultation regarding commercial activities on ocean beaches conducted in 2014. In the 2014 consultation a specific question on


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- Bins unsightly and smelly

- Need to protect the pristine and peaceful nature of our beaches

amenity was not included however responses to other questions included significant concerns regarding environmental issues such as ‘natural beauty’ and uniqueness” of ocean beaches (>200 mentions).

E 23 Objection regarding food on beach due to

- Bins not to be in flagged areas due to safety [note: flagged areas move for surf conditions] (SLSQ)

Bins would not be placed near where flags would be positioned.

F 3, 7, 8, 10, 13, 16, 18,

23, 26


- Increased cost of maintenance and cleaning

- Cost of clean-up and servicing bins

- Cost to ratepayer to clean up litter

- Need for Council to increase litter patrols and beach cleansing (KAB)

- Cost to Council for extra removal of rubbish (SLSQ)

Cost of placing and maintaining bins on the beach would be considerable. Placing bins near flagged areas is not supported by SLSQ as the area may change throughout the day which would require the bins to be moved.

Cost of litter clean up on beach by current processes using the tractor may increase if the tractor needs to service the beach twice a day prior to high tides if litter increases to prevent litter being washed into the waterway. Running the litter tractor on the beach does create safety hazards for users of the beach.

If services need to increase there would be an impact on beach cleaning costs (e.g. two tractors and litter collection crew). Current expenditure of $700,000 per annum on cleaning could double or more.


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G 1, 3, 10, 16, 20


- Keep natural no commercialisation

- Keep beaches natural and free from commercialisation

- Creates opening to further commercial activity

- Promote increase in commercial activity on beach – very annoying

- Disturbance from delivery persons searching for customers

- Potential for prohibiting residents from accessing any part of the beach

- Keep beaches ‘family friendly’

These objections reflect the public consultation regarding commercial activities on ocean beaches conducted in 2014. A specific question on natural amenity of the beach was not raised however responses to other questions included keeping the beaches natural and free to the community to access. Results of the 2014 consultation for specific questions regarding the level of commercial activity on the ocean beaches were: Supported keeping commercial activities the same with the exception of slight support for

increasing Special Council events, SLSQ hire of beach equipment (currently not undertaken) and SLSQ training (Question 5).

81% support for no alternative (additional types) commercial activity (37% support for current activities, 44% wanted no activities). 6% requested food and beverage vendors and 4% requested cafes or bars on the beach (note: objections have been raised regarding allowing alcohol on the beach) (Question 8).

This local law amendment consultation has resulted in some commercial operators requesting permits to conduct business directly from the beach as opposed to a delivery service. Council staff often receive requests from commercial operators wanting to use public land instead of renting a commercial premises to conduct business as it is cheaper and has a location advantage. The potential for requests to conduct commercial activity on the beach outside the local law requirement is likely to increase when there are opportunities or perceived opportunities. Changes to the law do not prohibit access to the beach by residents or tourists unless a short term event is held that is cordoned off. Council is committed to providing community access to all Gold Coast beaches through the Corporate Plan objective 1.7 ‘Everyone can enjoy a beach experience – Our beaches are open and accessible to everyone’.

H 1, 3, 7, 13, 17, 23


- Impact on permanent businesses

- Impact on nearby

Fixed nearby food and beach equipment hire businesses could be adversely affected by the proposed local law amendments. It is noted that this type of business may only be viable for businesses within walking distance due to parking and timing delays for delivery however it could be possible for mobile or temporary operators to obtain a permit close to the beach.

Prescribed criteria within the proposed amendments limit the operation of delivery services to only


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commercial premises - Discourages

patronage to nearby shops and eateries

- Impact on nearby high rent paying food premises (CO)

- Concern of effect on local businesses (SLSQ)

Objection regarding food and beach hire equipment delivery due to

- Possible disadvantage to established businesses within the Surfers Paradise precinct (SPA)

- No restriction to delivery services at Surfers Paradise beach to only those businesses who currently operate within the Surfers Paradise precinct (SPA)

- Mobile or temporary food and beach hire operators could be approved within 400m

those businesses that operate from permanent premises (i.e. not mobile or temporary food or beach hire, vehicles/facilities).

The local law (LL10) currently does however provide an avenue for a mobile/temporary food or beach hire operator to make application for a permit to operate a delivery service to the beach. If such application is lodged, the local law requires that consideration of the objects of the local law (LL10) be considered, however this does not specifically prevent a permit being issued. This potential for permits to mobile/temporary operators is inconsistent with objections from members of the public and the SLSQ and with the submission requests by the Surfers Paradise Alliance.

The objects of LL10 include:

- 2(d) (LL10) restrict the economic scope of the conduct of commercial activities in bathing reserves, where such activities are permitted, in recognition of the fact that such activities may otherwise enjoy an unfair commercial advantage over competitive activities conducted from fixed premises in the area for which rates and other charges are paid, and to which planning and other regulatory legislation applies; and

- 2(f) (LL10) restrict the conduct of commercial activities in bathing reserves to activities which are of economic significance to the area and meets the objectives of the local government’s commercial activities on ocean beaches management plan or surf management plan (as amended from time to time), in recognition of the need to—

(i) prevent or minimise environmental harm in bathing reserves; and (ii) preserve and enhance public safety and amenity in bathing reserves.


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of the Surfers Paradise precinct (SPA)

- No acknowledgement of the significant effect mobile or temporary food and beach hire operators would have on the economic viability of traders within the Surfers Paradise precinct (SPA)

I 23 Objection regarding food on beach due to

- Impact on SLSQ (SLSQ)

- External operators divert funds from SLSQ clubs (SLSQ)

- SLSQ clubs have kiosks that may be financially affected (SLSQ)

- Impact on surf club commercial viability impacts their ability to promote surf awareness and provide life-saving patrols (SLSQ)

The Surf Life Saving Queensland (SLSQ) clubs on the Gold Coast provide a significant safety and community service to the Gold Coast. SLSQ clubs are not-for profit organisations that rely on fund raising and sale of products from their premises to purchase safety equipment, run training for nippers, provide community education on surf and swim awareness and provide vital life-saving services during the summer months that support the City’s Lifeguard Services during the peak period for beach users.


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J 23 Objection regarding food on beach due to

- Risk to children with people selling products (SLSQ)

Delivery of food when minors are present does not appear inherently risky, however it is acknowledged that some may try to take advantage of any situation.

K 3, 7, 10, 11, 23


- Potential for touting - Illegal touting - May encourage

touting and other illegal activity (SLSQ)

These objections reflect the public consultation regarding commercial activities on ocean beaches conducted in 2014. A specific question regarding touting on the beach was not raised however responses included significant concern with potential for touting.

Whilst touting is specifically prohibited in the amendments, it could be difficult to enforce. It may put added pressure on Council’s Lifeguards and Surf Life Saving Queensland’s Patrol Captains to police, thus diverting their attention from core business of monitoring safety of bathers and other ocean users.

L 23 Objection regarding food on beach due to

- Not to be within carnival areas (SLSQ)

- No commercial activities during nipper training days (SLSQ)

- Not to impact nipper operations (SLSQ)

There is currently no restriction to when and where the delivery services can occur. The current commercial activity allowed under the local law does not include restrictions due to SLSQ activities.

M 3, 8, 9, 16 Objection regarding food on beach due to

- People should get up and walk

- Obesity

The level of obesity in Australia is of national concern with levels on the Gold Coast acknowledged as a concern by Council through their commitment to providing ‘Active and Healthy’ programs. The City’s Corporate Plan objective 3.6 ‘We are an active and healthy community’ contains performance measures linked to the National Physical Activity Guidelines. It is anticipated that takeaway style food such as pizza and burgers, etc, would be the main type of food delivered to beaches.


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- Fight obesity, walk to get food

N 1 Objection regarding food on beach due to

- Vehicles on beach

The current local law requires that vehicles obtain a permit to be driven on the beach. These permits are limited and require considerable justification prior to being issued. Due to safety concerns, permits would not be issued for situations where a person could adequately conduct their business without the use of a vehicle.

The proposed amendments do not allow for vehicles on the beach for delivery of food or hired beach equipment.

O 3, 16 Objection regarding food on beach due to

- Security of personal items

- Robbery as phones and cards taken to beach

Security of personal items is currently an issue whether people take money down onto the beach or leave it in their car. Those members of the public that use public transport or walk to the beach currently have personal items such as money and phones they need to monitor when on the beach. This proposal is unlikely to affect the level of security currently needed.

P 7, 10, 16, 23


- Illegal parking - Increase parking

congestion around surf club car parks (SLSQ)

- Possible illegal use of emergency vehicle parking (SLSQ)

Local Law No 2 (Regulated Parking) 2006 (LL2) and various state legislation regulate illegal parking which is enforceable by Council Parking Officers and Queensland Police.

It is possible that businesses not directly adjacent to ocean beaches may choose to illegally park in order to deliver their product. Enforcement of these areas would be predominately re-active as the officers would need to be present at the time of the incident.

Illegal parking in emergency vehicle bays and congestion around surf club car parks could result in serious safety issues. It is noted that illegal parking can lead to penalties that increase business costs and thus market forces may control potential illegal parking to some extent.

Q 8 Objection regarding food on beach due to

Skin cancer due to overexposure to specific types of ultra-violet radiation is a concern, however Council is not placed to regulate people’s sun protection habits.


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- Sun cancer, move people out of sun

R 16 Objection regarding food on beach due to:

- Sharp utensils creating litigation issues and injury

Litigation to Council from injuries sustained by members of the public in or on Council facilities and land is a corporate risk. The risk of sharp utensils being left on beaches could be minimised by the service provider however specific criteria would be required including public liability insurance to address this issue.

S 23 Objection regarding food on beach due to:

- Patrol captains cannot police financial transactions (SLSQ)

- Potential distraction to lifesaving patrols (SLSQ)

- Concern patrol members would be used as a public address system (SLSQ)

It is not expected that SLSQ Patrol Captains and members or City Lifeguards will provide any assistance to delivery persons. It is possible, however that they could be approached and thus diverted from their life-saving duties by delivery persons.

T 16 Objection regarding food on beach due to:

- Eating and immediately swimming which may increase risk for swimmer, vomit on the beach and increase duties of

Currently bathers could be swimming immediately after eating regardless of whether they leave the beach to obtain food or bring food to the beach with them. Council lifeguards currently highlight this issue in their education program safety tips. The risk to Council is considered negligible as the obligation is on the individual.


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lifeguards

U 16 Objection regarding food on beach due to:

- Alcohol

Delivery of alcohol is specifically prohibited under the proposed amendments. Consumption of alcohol in public places is not permitted by State legislation unless conducted under a Liquor Licence Permit or the place is declared (for the consumption of alcohol) by Council. Occasionally events may obtain relevant permits to supply and consume alcohol but this is limited to the event area and event period.

V 16 Objection regarding food on beach due to:

- Safety of the food being delivered

The Food Act 2006 regulates food safety. Businesses handling food must comply with the Australian and New Zealand Food Safety Standards which includes the temperature control and the time food is spent out of appropriate temperature control. Pizza and other food deliveries currently operate within food safety guidelines throughout Australia.

W 26 Objection regarding food on beach due to:

- Lose visitors to better protected beaches on the Sunshine Coast and Tweed Coast

Visitors to the Gold Coast beaches is a major source of tourism. If litter increases and the amenity of Gold Coast beaches diminishes, visitor numbers could be affected in turn affecting accommodation and retail sales on the Coast.

X 23 Objection regarding delivery of beach equipment on beach due to:

- Trial of beach hire equipment was unsuccessful (SLSQ)

Beach equipment includes the following types of items which may not provide a high turn-over for business activity:

- Bathing equipment (inflatable device for use on water, rubber or foam float or board), beach umbrella, deck chair

Whilst the trial by SLSQ may have been unsuccessful, accommodation premises in the past have requested the ability to undertake this service for their residents.

Y 22 Support for delivery of hired beach equipment and request to make application (CO).

Support by business to conduct delivery of hired beach equipment is noted.

This process is not an application process and customer will be advised of the local law amendment outcome and whether/when an application can be made.


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Z 23 No objection to the changes relating to patrol member responsibilities (SLSQ)

Noted.

AA 18 Support for introduction of a ‘beach guardian’ who would police the beach (KAB)

Increasing regulatory control on the beaches would increase costs to Council and could be seen as over regulating by the community.

BB 18 Support opening beach front to SLSQ clubs to serve meals (KAB)

No request from the SLSQ has been received to undertake this type of service. Not all clubs would be able to take advantage of this option and it may not be viable given resources required to undertake the service. Further consideration could be given to this option if requested by the SLSQ.

To consider this option further, a major amendment to the local law is triggered and public consultation would be required. Note - food vending on beaches received minimal support in the 2014 public consultation (6% support for food vendors, 1% specifically against food vendors, 87% support for no increased commercial activity than currently provided for).

CC 18 Support for vendors on the beach who are responsible for keeping their area clean and litter-free (e.g. Bali) (KAB)

This is contrary to the public consultation regarding commercial activities on ocean beaches conducted in 2014 that supported the same level or less commercial activity on the beaches. The suggestion of allocating a section of beach to a permit holder is not consistent with the proposed operating model regarding delivery of food. As per SPA’s submission, this option would not be supported for the beach area at Surfers Paradise.


DD 24 Alternative suggestion to proposed food delivery:

- Restricting beach retail to surf clubs (CO)

- Sale of food on beach

No request from the SLSQ has been received to undertake this type of service. Some of the objections raised by the SLSQ in this process seem not to support this suggestion.

Not all clubs would be able to take advantage of this option and it may not be viable given resources required to undertake the service.


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by surf clubs (CO) This would place a greater obligation on the SLSQ club to monitor and remove litter generated as a direct result of their business activities.

As per SPA’s submission, this option may not be supported within Surfers Paradise.



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Table 3: Recommendations as a result of public consultation

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Recommendation

A, C, D, E, F, G, H, I, K, M, P, R,

S, X

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,

23, 26

Yes Proposed recommendations to support these submissions include:

- All reference to the ‘delivery of pre-purchased food’ to be removed from the amending and consolidated local laws.


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Attachment 1 - SLSQ - Submission No. 23 (see Council assessment in the table above)

Surf Life Saving Queensland (SLSQ) is the state’s peak beach safety and rescue authority and is one of the largest volunteer-based community service organisations is Australia. We provide significant services to the Gold Coast community through our network of club based volunteer beach patrols and Operations Support activities. Our activities include Water Recue Craft and the Westpac Life Saver Helicopter Rescue Service and community awareness activities. There are 21 Surf Life Saving Clubs (SLSC) on the Gold Coast with each operating commercial activities through their Supporters Clubs. These commercial activities include licensed premises with food, beverage and entertainment activities. Revenue from Supporters Clubs are invested into the Surf Clubs to provide vital life saving services on the beach. SLSQ has undertaken consultation with the Presidents of Gold Coast SLSCs and Supporters Clubs in regard to commercial activities in the vicinity of SLSCs and the proposed changes to the local bathing reserve regulations. This submission provides a consolidated view based on feedback from all surf clubs. SLSQ would object to any changes in local bathing reserve bylaws that would have any impact on the ability of patrolling members, volunteers and clubs to provide safe swimming areas free from harm in both the water and on the beach. Additionally, any changes that impact on surf clubs ability to generate revenue, that are reinvested back into the community through the provision of water safety and community safety messages, are unwelcome. When considering changes to the local bathing laws, SLSQ would recommend that the City of Gold Coast consider the following impacts prior to making any amendments: Lifesaving • Patrol Captain cannot police financial transactions on beaches or help with the selling of commercial products on the beach. Life savers are tasked with saving lives and

cannot be pulled away from this task • Additional commercial activities should not take place between the flagged area as this has the potential to distract patrolling members • Rubbish bins must not be in the flagged areas • Potential for vermon / birds / scavengers to increase in the bathing areas which may push swimmers away from the safe patrolled regions • The redefinition of “patrol member” to “patrol captain” in the bylaws fits in with the SLSQ patrol operation manual and therefore has limited impact Sport • SLSQ / SLSA / South Coast Branch/ Point Danger Branch events have commercial agreements in place and therefore would recommend that no commercial activities be

permitted in areas where carnivals are being hosted. • Safety issues may arise by having extra vehicles in and around an event in already congested areas. • Child Youth Risk management in and around our events may be an issue if unregulated persons are permitted to sell products, as the majority of events held on the Gold

Coast are Under 15 events. Nippers / Youth • SLSQ strongly supports child youth risk management principles. SLSQ recommends that there be no commercial activities during nipper training days. • Club, Branch & State bodies prepare risk management plans around provision of services during or around the time of Junior / Youth activities. SLSQ recommends that there

be no commercial activities that would adversely impact on existing nipper operations. Environment • SLSQ would highlight that additional commercial activity on the beach may cause environmental issues: • Rubbish, plastic bags on the beach and in the ocean, affecting marine life and bird life).


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• Visual Amenity (rubbish) Changing the Face of Our Beach Culture Spoiling one of our greatest natural assets and points of difference Safety (rubbish, broken bottles, cans, etc)

• Opening the door to further commercial activity Associated illegal activity such as touting ie trying to sell other goods and/or services Tourists and Locals being hassled Scavenging (Ibis, Seagulls, Vermin, Dogs, etc)

• Extra removal of rubbish (cost to Council) Unsightly rubbish bins which will need to be installed Smell from rubbish Illegal parking from delivery drivers. Commercial • Commercial activity removes funds from Surf clubs that provide ongoing lifesaving support to the Gold Coast. Resources and funds rerouted away from clubs puts added

pressure on the ability of the volunteer movement to provide ongoing safety to the bathing public. • Gold Coast Supporters Clubs contribute kiosk services in a number of clubs already with more planned in the coming years. Profits generated from sales are directed back to

the surf club and nippers programs. • External operators remove vital funding from surf clubs. • Deliveries to beach areas will increase congestion around surf club car parking areas and could result in parking illegally in emergency vehicle spaces putting the public at

risk. • Patrol members are not a public address system or locating device for businesses delivering orders. • Established businesses not just supporters clubs in these areas would be unhappy with other “operators” coming into their area and taking customers. • Supporters clubs by objects are a fundraising arm of the surf club and any potential businesses operating in that space will have a detrimental effect on their income and

support of their surf clubs. • Three clubs trialled the beach hire service in conjunction with Council and this was an unsuccessful trial. • Supporters Clubs will be competing with other businesses that will have lower overheads and provide cheaper pricing. This will also effect the funding that the surf clubs

receive. • SLSQ operates surf awareness or fun clinics for the purpose of teaching members of the general public about surf awareness and survival.

SLSQ, clubs and members have a high profile on Gold Coast beaches and are ambassadors for visitors to the City. Our Supporters Clubs are run professionally and all proceeds from commercial beach activities go to providing safe swimming areas for local residents and visitors. SLSQ amalgamates its commercial activity with its beach safety messages, therefore, proposed changes that impact on the commercial viability of surf clubs directly impact our ability to promote surf awareness. SLSQ currently delivers beach safety messages at the arrival terminal of Gold Coast Airport, schools, community groups and through several media outlets, with the overarching vision of “Zero Preventable Deaths in Queensland Public Waters

==============================================================================================================================

#51977858

Community Consultation Submissions received extract from document:# 51977858


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ANNEXURE C

PIT REPORT - TABLE OF RESPONSES TO STATE INTEREST CHECK

Council of the City of Gold Coast - Form for State Agency –

Comments/Interest Check Responses

Title of Local Law: - Bathing Reserves (Amendment) Local Law (No. 1) 2015 Letter sent to State Agencies dated Tuesday 2 November 2015 with a “Response” Deadline – Friday 27 November 2015 File # LG222/365/30

TOTAL number of “Comments received = 11 from 5 Departments and number of “No comments” received = 7 Department of Natural Resources and Mines Senior Policy Officer, State Land Legislation and Management (SLAM) Operations Support Email 20/11/15 iSpot #52165107

Local law section

Comment Type (refer Attachment

A) Agency Issue Agency - Suggested action to rectify issue Council’s proposed response/actions to

agency comments

N/A 5

There are no issues to comment on the Overall State Interest in the Council of the City of Gold Coast for the “Bathing Reserves (Amendment) Local Law (No.1) 2015. Note:

1. A bathing reserve will include unallocated State land (USL) and possible trust land (e.g. reserve) under the Land Act 1994.

2. If part of any bathing reserve is trust land under subsection 56(6) of the Land Act, a local law made under sub section 56(4)(a) must not be inconsistent with the Land Act.

Bathing Reserves (Amendment) Local Law (No.1) 2015 has no issues with the State Interest in line with the Department of Natural Resources and Mines with the current amendment made to this law. Note: 1. Council will need to be satisfied that the

placing of USL under a bathing reserve is sufficient power for Council to issue permits over USL.

2. A trustee may only authorise third party use of a trust land under the Land Act i.e. by a trustee lease or trustee permit.

3. Clause 24 of the Land Act indicates that theterm for a trustee permit may only be up to 3 years.

Agencies further comment: Council needs to provide advice back to the Department of Natural Resources and Mines on how Council has addressed/considered the department’s comments. ………………………………… sections 61 and 62 of the Local Government Regulation 2012 relevantly provide that, by gazette notice, foreshore and bathing reserve may be placed under the control of a local government. That control gives Council the power to make local laws


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4. Clause 27 regarding amendment, or transfer and clause 28 renewal does not apply to a trustee permit.

Clauses 14(1)(0) and 21(2) Example – a development permit approval does not give an applicant the lawful right to either use or occupy the land. Council may issue a permit under a local law for USL under the bathing reserve besides the development approval a permit under the local law for USL or trustee permit is still required.

to regulate the use of foreshores and bathing reserves and, for that matter, under such local laws, grant permits and approvals in respect of the use of areas of foreshore and bathing reserve. The use permitted by such a permit or approval is usually fairly transitory in nature, such use being something less than would necessitate the grant of a trustee permit or a trustee lease under the Land Act 1994. In circumstances where the relevant land is reserve tenure land of which Council is the trustee, and the intensity of use authorised by a permit or approval under a local law of Council would necessitate the grant of a trustee permit or a trustee lease under the Land Act 1994, the grant of a permit or approval under the local law does not relieve Council from its obligation to comply with the relevant provisions of the Land Act 1994. Those provisions would have no application to USL which is simply placed under Council’s “control”, unless the State chooses to convert the relevant area from USL to some other tenure. A letter has been returned to the Department of Natural Resources and Mines advising of the above considerations. No further amendment is required in the proposed local law.


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Department of Transport and Main Roads Legislation Services Corporate Division | Governance Branch | Department of Transport and Main Roads Emailed letter 23/11/15 their Ref: DG30569 Ispot #52165461

Local law section



agency comments

Schedule (Dictionary)

3 In the definition for bathing reserve the reference to the Local Government (Operations) Regulation 2012 is incorrect. This should be correctly referenced as the Local Government Regulation 2012.

Council should update the reference to the Local Government Regulation 2012.

Amendments as requested have been included in the amending and consolidated laws and advised within the report to Council


3 References to the Department of Main Roads are out of date.

These references should be replaced with a reference to the Department of Transport and Main Roads


3 In the definition for public marine facility the reference to the Transport Infrastructure (Public Marine Facilities) Regulation) 2000 is incorrect, as this regulation has since been remade. The correct reference is the Transport Infrastructure (Public Marine Facilities) Regulation 2011

Council should update the reference to the Transport Infrastructure (Public Marine Facilities) Regulation 2011. No additional changes are required to the definition.


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Public Safety Business Agency Note: Public Safety Portfolio agencies (including the Qld Police Service, Qld Fire and Emergency Services, Public Safety Business Agency and Inspector-General, Emergency Management). Principal Strategy Officer, Public Safety Business Agency Email 23/11/15 Ispot #52157467

Local law section



agency comments

Schedule Dictionary

4 Terminology used in definition of ‘essential services vehicle’ is outdated, specifically part (b) ‘a fire brigade’

Replace terminology with ‘the Queensland Fire and Emergency Services’

Amendments as requested have been included in the amending and consolidated laws and advised within the report to Council Schedule

Dictionary 5 Missing the inclusion of ‘Queensland Fire and

Emergency Services’ under the definition of ‘essential services vessel’

Include a subsection for a Queensland Fire and Emergency Services vessel being an essential services vessel

Schedule Dictionary

4 Terminology used in definition of ‘life-saving club’ is outdated, specifically part (b) ‘accredited by the Department of Emergency Services’

Replace reference to ‘Department of Emergency Services’ with ‘Queensland Fire and Emergency Services’

Schedule Dictionary

4 Terminology used in definition of ‘essential services vessel’ is outdated, specifically part (f) ‘an Australian Volunteer Coastguard Organisation or a Volunteer Marine Rescue Organisation which is the holder of a current accreditation issued by the Department of Emergency Services’

Replace reference to ‘Department of Emergency Services’ with ‘Queensland Fire and Emergency Services’


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Department of Infrastructure, Local Government and Planning Letter 24/11/15 their ref: DGC15/1432 our Ref: #52179325

Local law section



agency comments

8 1 Proposed new section 11 and 12, by seeking to allow the Council to designate “excluded bathing reserves”, “prohibited permitted businesses” and “prohibited regulated activities” by resolution, and to maintain a record of these matters by register rather than in the local law, has introduced a process for elements of the local law that are not consistent with the process established under the Local Government Act 2009 (the Act) for making local laws. While the new provisions propose certain processes to be met before making the resolution, these are not entirely consistent with the requirements in the Act. For example notification that an amendment has been made to the register is not required to be made on the Council’s website and the register is not required to be provided to the Minister (the Act requires the Department to keep a database of all local laws on its website). The introduction of an additional document that must be taken into account to understand the scope of the local law, which is not bound by the requirements applying to local laws, undermines the local law regime established under the Act.

These provisions must be amended to ensure consistency with the local law making requirements in the Act. However, should the Council consider introducing the same requirements for the making of a resolution (and a register recording these resolutions) as per the requirements in the Act, the Council must consider what is being achieved by introducing a further element to the local law that fragments the information required to understand the local law requirements, potentially making it more difficult for readers to comprehend.

Council could satisfy this requirement by amending the process so as to effectively replicate the subordinate local law making process under the Act. For example, the content of the Register, as updated from time to time, could be delivered to the Minister pursuant to a specific requirement included in the local law. Alternatively, and the preferable approach, which would achieve the required legal certainty, would be the amendment of the local law such that excluded bathing reserves, prohibited permitted businesses and prohibited regulated activities are all identified by subordinate local law under the usual subordinate local law making process of Council.


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9(2) 3 Proposed new section 13(1)(d) may breach fundamental legislative principles related to defining administrative power and reviewing its use (section 64 of the Guidelines for drafting local law (the Guidelines)) and ensuring clarity, precision and no ambiguity (section 74 of the Guidelines). In the absence of any compliance notice or verbal direction process to precede an activity specified in section 13(1) being deemed an offence, proposed new paragraph (d) would not appear to be sufficiently defined for a member of the public to determine whether an offence has been caused as it calls on a subjective assessment of what is “dangerous or has the potential to be dangerous” without reference to any matters an authorised person will have regard to in forming that opinion.

It is recommended the Council seeks legal advice to confirm that proposed section 13(1)(d) complies with fundamental legislative principles.

The proposed new section complies with the fundamental legislative principles. A materially identical provision is contained in Model Local Law No. 6 (Bathing Reserves) 2010. For clarity, the model local law defines the expression “dangerous object” which would be relevant to the interpretation of the provision in the model local law. However, the provision in Council’s local law details, by way of example, 2 objects which may be considered dangerous and, in the process, addresses any concern about the exercise of administrative power, clarity and precision.


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Department of Justice and Attorney-General Director-General, Department of Justice and Attorney-General. Emailed Letter 27/11/15 (their Ref: 526568/5 3050416 Our Ref #52197609

Local law section



agency comments

Consider natural justice issues if signage is not placed to indicate an excluded bathing reserve for the purposes of a regulated activity.

The identification of excluded bathing reserves, prohibited permitted businesses and prohibited regulated activities by subordinate local law, including the public consultation process associated with the making of a subordinate local law, would go some considerable way towards addressing any natural justice issue which may arise. The majority of impacted stakeholders will be permit holders. At a practical level, Council would be obliged to consult with permit holders about excluded bathing reserve issues if the implementation of an excluded bathing reserve proposal results in, for practical purposes, a change of condition of a permit holder’s permit.


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LIST OF “NO COMMENT” RESPONSES RECEIVED FROM OTHER STATE AGENCIES Number of “No comment” received = 7 Title of Local Law:- Bathing Reserves (Amendment) Local Law (No. 1) 2015 File Ref: LG222/365/30


Queensland Treasury Under Treasurer GPO Box 611 BRISBANE QLD 4001

Letter rec 12/11/15 Their Ref: 04416-2015

Ispot #52068479

Queensland Treasury has no comments to provide

Gold Coast Waterways Authority Acting Executive Support Officer PO Box 107 | Southport Qld 4215

Email 16/11/15 iSpot #52105467

GCWA have no comment to provide.

Department of Aboriginal & Torres Strait Islander Partnerships B McFadyen

Letter 17/11/15 their Ref: DATSIP 08481-2015

iSpot #52125913

N/A

Queensland Police Service T Pukallus Senior Sergeant Office of the Deputy Commissioner, Regional Operations (see below)

Email 23/11/15 iSpot #52165810

see below

Gold Coast District has provided ‘nil comment/response’

Queensland Police Service M O’Dowd Inspector Commissioner’s Office, Queensland Police Service (see above)

Email 23/11/15 iSpot #52165810

see above

the QPS does not have anything further to add for submission.

Department of Agriculture and Fisheries M Johnston Regions and Industry Development (South East & Wide Bay Burnett) Department of Agriculture and Fisheries PO Box 5083 SCMC, Nambour Qld 4560

Email 24/11/15 iSpot #521654555

The Department is satisfied that the proposal will not impact any of the Departments State Interests or other Departmental interests.

Department of National Parks, Sport and Racing Ministerial and Director-General’s Correspondence Unit Department of National Parks, Sport and Racing PO Box 15187 | City East Qld 4002

Emailed letter 27/11/15 (their ref: CTS 27041/15)

iSpot #52197565

The department has reviewed the proposed local law and is supportive of the law in its current form and has no comments on the proposed local law at this time.


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ATTACHMENT A

“COMMENT TYPES – COLUMN” ON THE STATE AGENCY COMMENTS/INTEREST CHECK RESPONSES FORM Issues of interest for consideration by each relevant government entity may include, but are not limited to: a comment type 1 – whether there is any inconsistency between the proposed local law and State legislation;

b comment type 2 – whether the proposed local law may impact adversely on State policies, strategies or programs;

c comment type 3 – whether the proposed local law meets appropriate standards (e.g. appropriate format; fundamental legislative principles);

d comment type 4 – whether the use of language and citations is correct and appropriate.

e comment type 5 – general comments.

State Interest Check comments extract from document: #51874943


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Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2015 List of Possible Anti-Competitive Provisions


object/purpose of local law Description of anti-

competitive provisions Criteria under which anti-competitive

provisions caught – (i) to (xi)



(Amending LL10)

The object of this local law is to amend Local Law No. 10 (Bathing Reserves) 2008 to—

(a) provide the local government with appropriate powers to effectively regulate activities within bathing reserves; and

(b) make consequential and minor amendments; and

(c) insert and amend definitions of terms that are necessary for the implementation of the provisions of the local law; and

(d) ensure consistency with State legislation, the local government’s administrative procedures and the local government’s other local laws and correct grammatical or typographical errors and other

6 (Replacement of section 10 (Regulation of business)

(i) prohibition

(iii) licensing or registration

(vii) restrictions on conduct

Requires businesses to obtain approval (in the form of a permit) from the local government before operating. Some business will be prohibited and will not be able to operate.

Places restrictions on the conduct of a business including where businesses may operate and the hours of operation.

8 (Insertion of new sections 11 and 12)

Proposed new section 11 (Designation of excluded bathing reserves)

(i) prohibition


Could place restrictions on the conduct of a business including where businesses may operate and the hours of operation.

8 (Insertion of new sections 11 and 12)

Proposed new section 12 (Register of excluded bathing reserves)

(i) prohibition



10 (Amendment of section 14 regulated conduct)

Inclusion of ‘a drone’

(i) prohibition



Busking prohibited by removal which prevents entry to market potential

Use of drones will require a permit which


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Agenda Attachment 6

Name of Local Law Brief description of object/purpose of local law



– (i) to (xi)


inconsistencies. Remove ‘busking and public entertainment’

Remove ‘gathering of up to 50 people for a marriage ceremony’

Include ‘club training activity up to 50 people’

may be a barrier to business.

Sporting clubs will require a permit if over 50 people, however potentially prohibited under current law if considered ‘group fitness training’.

Marriage ceremonies require permit which may be a barrier to business.

Section 15 (Amendment of section 23 (Grant of a permit))

(i) prohibition


Could place restrictions on the conduct of a business including where businesses may operate and the hours of operation..

Section 27 (Amendment of section 55 (Subordinate local laws))

(i) prohibition


Could place restrictions on the conduct of a business including where businesses may operate and the hours of operation..

Section 28 (Insertion of new Part 11 (Transitional provisions))

Proposed new section 57 (Transitional provision for the designation of prohibited permitted businesses and prohibited regulated activities)

(i) prohibition



Bathing Reserves (Amendment)Subordinate Local Law (No. 1) 2015

(Amending SLL10.1)

The object of this subordinate local law is to amend Subordinate Local Law No. 10.1 (Bathing Reserves) 2005 to—


Section 7 (Amendment of section 5 (Prohibited activities))

(i) prohibition

Prevents entry to market potential.

Section 10 (Amendment of section 7 (Requirement for a permit))

(i) prohibition



Restricts types of business that can operate without requiring a permit provided specific conditions are met.

Places restrictions on the conduct of a business including how businesses may


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Agenda Attachment 6

Name of Local Law Brief description of object/purpose of local law



– (i) to (xi)



operate.

Section 12 (Amendment of section 9 (Grant of a permit))

(i) prohibition

Prevents entry to market potential.

Section 15 (Insertion of new section 11 (Prescribed criteria))

(vii) restrictions on conduct Places restrictions on the conduct of a business including where businesses may operate and how they operate.

Section 18 (Amendment of Schedule (Dictionary))

Proposed new definition of ‘commercial fitness activity’

(i) prohibition

Prevents entry to market potential for those businesses meeting definition.


Proposed new definition of ‘permitted business’

(i) prohibition



Prevents entry to market potential for those businesses that do not meet the definition

Places permitting requirements and restrictions on the conduct of a business including where businesses may operate and the hours of operation for those businesses meeting the definition.


Proposed new definition of ‘underwater recreational activity’



Places permitting requirements and restrictions on the conduct of a business including where businesses may operate and the hours of operation for those businesses meeting the definition.

#51064550


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AMENDMENTS TO PROPOSED LOCAL AND SUBORDINATE LAWS Following the conclusion of consultation with the State and the community, officers identified and made further amendments which were considered necessary to ensure clarity and consistency of the local laws. The amendments include the removal of food delivery to the beach which changes the effect of specific provisions and administrative matters that do not change the overall effect of any of the relevant provisions. The following amendments have been made in Attachments 1 and 2 and reflected in the consolidated versions (Attachments 3 and 4): Change the title of Bathing Reserves (Amendment) Local Law (No. 1) 2015 to

Bathing Reserves (Amendment) Local Law (No. 1) 2016 Change the title of Bathing Reserves (Amendment) Subordinate Local Law (No. 1)

2015 to Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 Bathing Reserves (Amendment) Local Law (No. 1) 2016, Section 8 Insertion of new

sections 11 and 12, the whole of ‘sections 11 and 12’- omit, insert-

‘11 Designation of excluded bathing reserves (1) The local government may, by subordinate local law—


(b) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a permitted business or a permitted business of a specified type (a prohibited permitted business)— (i) at all times; or (ii) on specified days; or (iii) during specified hours on specified days; and

(c) designate the whole or any part of an excluded bathing reserve as an area where a person is prohibited from carrying on a regulated activity, other than a permitted business, of a specified type (a prohibited regulated activity) — (i) at all times; or (ii) on specified days; or (iii) during specified hours on specified days.



12 Prescribing bathing reserve as excluded bathing reserve

(1) If the local government makes a designation under section 11(1)(a) by subordinate local law, the subordinate local law must include the information specified in section 11(3).

(2) If the local government makes a designation under section 11(1)(b) by subordinate local law, the subordinate local law must specify, for the designation— (a) the permitted business, or specified type of permitted business,

that must not be carried on in the excluded bathing reserve; and (b) the times or days during which a permitted business, or

specified type of permitted business, must not be carried on in the excluded bathing reserve.


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Agenda Attachment 7

(3) If the local government makes a designation under section 11(1)(c) by subordinate local law, the subordinate local law must specify, for the designation— (a) the regulated activity or activities that must not be carried on in

the excluded bathing reserve; and (b) the times or days during which the regulated activity or activities

must not be carried on in the excluded bathing reserve.’

Bathing Reserves (Amendment) Local Law (No. 1) 2016, Section 29 Amendment of Schedule (Dictionary), insert the following additional subsections: o (21) Schedule, definition of bathing reserve, ‘Local Government (Operations)

Regulation 2012’ omit, insert— ‘Local Government Regulation 2012’

o (22) Schedule, definition of essential services vehicle, subsection (g) ‘Department of Main Roads’ omit, insert— ‘Department of Transport and Main Roads’

o (23) Schedule, definition of essential services vehicle, subsection (b) ‘a fire brigade’ omit, insert— ‘the Queensland Fire and Emergency Services’

o (24) Schedule, definition of essential services vessel, subsection (d) ‘Department of Main Roads’ omit, insert— ‘Department of Transport and Main Roads’

o (25) Schedule, definition of essential services vessel, subsection (f) ‘Department of Emergency Services’ omit, insert— ‘Queensland Fire and Emergency Services’

o (26) Schedule, definition of essential services vessel, ‘(h)’ renumber as subsections ‘(i)’

o (27) Schedule, definition of essential services vessel, after subsection (f) insert— ‘(h) Queensland Fire and Emergency Services’

o (28) Schedule, definition of life-saving club, subsection (b) ‘Department of Emergency Services’ omit, insert— ‘Queensland Fire and Emergency Services’

o (29) Schedule, definition of public marine facility, ‘Transport Infrastructure (Public Marine Facilities) Regulation) 2000’ omit, insert— ‘Transport Infrastructure (Public Marine Facilities) Regulation 2000’

Bathing Reserves (Amendment) Subordinate Local Law (No. 1) 2016 o Section 10 Amendment of Section 7 (Requirement for a permit), subsection

(7)(1), ‘subsection (a)’ omit—

o Section 10 Amendment of Section 7 (Requirement for a permit), subsection (7)(1) subsections, ‘(b) to (c)’ renumber as subsections ‘(a) to (b)’

o Section 15 Insertion of new Section 11 (Prescribed criteria), subsection (1), ‘subsection (a)’ omit—

o Section 15 Insertion of new Section 11 (Prescribed criteria), subsection (1), ‘(b)’ renumber as subsection ‘(a)’


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Agenda Attachment 7

o Section 16 Amendment of Section 12 (Limitation of powers), subsection (4), after ‘17 (Interference with flags and life-saving equipment),’ insert— ‘18(3)(c),’

o Section 18 Amendment Schedule (Dictionary), subsection (4) definition of commercial fitness activity, subsections (a)(i) to (v), ‘;and’ omit, insert— ‘;’

o Section 18 Amendment Schedule (Dictionary), subsection (4) definition of commercial fitness activity, subsections (a)(vi), ‘;and’ omit, insert— ‘;or’

o Section 18 Amendment Schedule (Dictionary), subsection (4) definition of permitted business, ‘subsection (k)’ omit—

o Section 18 Amendment Schedule (Dictionary), subsection (4) definition of permitted business, subsections ‘(l) to (m)’ renumber as subsections ‘(k) to (l)’

#53018754


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Agenda Attachment 7


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Agenda Attachment 8


ITEM 9 HEALTH REGULATORY AND LIFEGUARD SERVICES PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08 Attachment ‘A’: Subordinate Local Law No. 16.8 (Advertising Devices) 2016; Attachment ‘B’: Public Interest Test Plan for Subordinate Local Law No. 16.8

(Advertising Devices) 2016; Attachment ‘C’: Schedule identifying possible anti-competitive provisions in the proposed

subordinate local law in Attachment A; Attachment ‘D’: Comparison of regulatory frameworks 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to simplify processes and assist business by removing, advertising devices from the planning scheme and regulating them under the City’s local laws. This will streamline a two (2) part approval process to one (1) approval that covers all aspects of the activity. Council’s existing licensing subordinate local law requires amendments for the City to effectively regulate advertising devices without the aid of the planning scheme. This report recommends that Council resolve to propose to make Subordinate Local Law No. 16.8 (Advertising Devices) 2016 (the proposed subordinate local law) in order to ensure that a workable jurisdiction is maintained over advertising devices. The existing Subordinate Local Law No. 16.8 (Advertisement) 2008 (the existing subordinate local law) will be repealed if the proposed subordinate local law is made. 4 PREVIOUS RESOLUTIONS The below resolution progressing the making of the new planning scheme does not specifically identify advertising devices as being excluded from the scheme however advertising devices are not development under the proposed new scheme and therefore will not be regulated by it. Ex Minute CP13.1119.001 refers: 1 In accordance with section 117 of the Sustainable Planning Act 2009 and

Statutory Guideline 02/12 'Making and amending local planning instruments', Council resolves to: a write to the Minister for Development, Infrastructure and Planning requesting a

State interest review of Council's proposed planning scheme (Gold Coast City Plan 2015) and the Minister's agreement to publicly consult on the proposed planning scheme;

b submit a copy of the proposed planning scheme (Gold Coast City Plan 2015) to

the Minister;


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08

c provide the Minister with the consultation report which outlines the extent and outcomes of consultation undertaken with State agencies and the public in preparing the proposed planning scheme (Gold Coast City Plan 2015);

d provide the Minister with the written statement about how the proposed planning

scheme (Gold Coast City Plan 2015) coordinates and integrates matters of State and regional dimension;

e provide the Minister with the written statement about how the proposed planning

scheme (Gold Coast City Plan 2015) reflects all relevant State Planning Instruments nominate by the Minister.

2 Notes the key policy changes, minor policy changes and administrative changes

introduced in the proposed Gold Coast City Plan 2015 during the preparation process to enable the scheme to progress to Stage 2 – State interest review.

3 Agrees to advise the State it has identified an ‘urban area’ for the proposed Gold

Coast City Plan 2015 to support key policy changes and supports the inclusion of this urban area in any new SEQ Regional Plan as it will provide consistency and certainty for the State in planning for growth and associated infrastructure for the City of Gold Coast.

4 The Director of Planning Environment and Transport be authorised to make minor

editorial amendments to the proposed Gold Coast City Plan 2015 prior to delivery to the Minister of State Development, Infrastructure and Planning.

5 The Director PET be authorised to prepare the letter attachments, dealing with State interests referred to in 1 (a) to (e) addressed to the Minister for State Development, Infrastructure and Planning, to be provided to the Mayor for his signature by end of November 2013.

5 DISCUSSION Council recently made by resolution date 11 September 2015 (CC15.0903.004) an amendment to the Local Law No. 16 (Licensing) 2008 (LL16) which allowed Council to regulate all advertising devices not just a change in display or temporary advertisements. The local law amendments provided the streamlining from a two (2) part approval process involving local laws and planning scheme to a one (1) part approval process under the local laws that covers all aspects of the activity. The 2003 Planning Scheme currently regulates permanent advertising device construction, configuration, location and illumination however such devices shall not be “development” under the new City Plan (City Plan) scheme due to be gazetted 2 February 2016. The regulatory framework for advertising devices was removed from the City Plan with the purpose of consolidating all requirements into a subordinate local law. A comparison of the regulatory frameworks for the City Plan to subordinate local law and additional improvements for business, community and the City are contained in Attachment D.


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08 In summary, the proposed changes will expand the number of sign types that may be displayed without a licence while still providing; • an appropriate level of protection of safety and amenity; • the ability to adapt to changes in technology; • the development of signage specific to precincts (e.g. China Town); and • approval of sign types not currently defined.

The proposed subordinate local law will be easier to read and use compared to the current regulatory framework which requires an applicant or business owner to refer to two (2) different documents (i.e. Planning Scheme and Local Law) when considering advertising opportunities for their business. All Council requirements for advertising devices will be contained within the subordinate local law. This report commences the subordinate local law making process by proposing to make Subordinate Local Law No. 16.8 (Advertising Devices) 2016. (the proposed subordinate local law). The repeal of Subordinate Local Law No. 16.8 (Advertisement) 2008 will be undertaken when the proposed subordinate local law is made. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Advertising device management has links to the following Gold Coast 2020 visions and objectives: 2.1 Our city is innovative and grows successful businesses; 2.5 We are a globally recognised tourist destination. Supporting the delivery of Gold Coast 2020: • We plan for the future of the city; • We manage the city responsibly. 7 COMMONWEALTH GAMES IMPACT Maintenance of the City’s visual amenity through the regulation of signs shall support City image objectives. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Not Applicable. Costs for Capital Works and Service Proposals Not Applicable. People and Culture Not Applicable.


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08 9 RISK MANAGEMENT Corporate Risk Mitigation CO000510 City Plan delivers inadequate and/or ineffective strategic/development policy (eg. poor planning, built form, growth, social and environmental outcomes - including flood impacts).

Amendments to the Advertising Devices subordinate local law reduce the risk of the City Plan.

10 STATUTORY MATTERS At step 1 of the subordinate local law making processes, Council must, by resolution, resolve to propose to make the proposed subordinate local law. Council is obliged to consider whether the proposed subordinate local law contains possible anti-competitive provisions. There are anti-competitive provisions (per Attachment C) in the proposed subordinate local law and these will be the subject to public interest testing. A public interest test plan has been prepared per Attachment B. Council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992. The proposed subordinate local law complies with this requirement. Council is not required to consult with the State regarding its proposal to make the subordinate local law. Council may proceed straight to public consultation. 11 COUNCIL POLICIES Not Applicable. 12 DELEGATIONS Delegation DE01926 gives the CEO power to undertake the duties under Section 38 of the Act and Section 16 of the Regulation to decide: a How the public interest test of the proposed subordinate local law is to be conducted;

and

b The matters with which the public interest test report in relation to the proposed subordinate local law must deal; and

c The consultation process for the public interest test and how the process is to be used in the public interest test.


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date and the outcome of that participation. Name and/or Title of the Stakeholder Consulted



Grant Wilson, Legal Services Office of the CEO Yes Brigid Kudzius, Executive Coordinator Transport Program Management


Brenden Madden, Manager Property Services

Organisational Services Yes

Ross Macaulay, Coordinator Business Improvement


Warwick Sinclair, Manager Corporate Communication


14 STAKEHOLDER IMPACTS The making of the proposed subordinate local law will protect the safety, environment and amenity of city residents and visitors from the adverse effects of excessive and inappropriate signage. The potential positive and negative impacts are to be addressed in the Public Interest Test Plan and key stakeholders have been identified and will be advised when the public consultation period commences. External / community stakeholder Impacts Currently IDAS and local law applications are required for signs, however under the new regime only local law applications shall be required. All of the requirements will be contained in one single document as opposed to the two (2) documents currently used. This will be a benefit to business as fewer applications are required and as local law application and approval processes are generally regarded as less onerous than IDAS processes. Internal (Organisational) Stakeholder Impacts All of the requirements will be contained in one single document as opposed to the two (2) documents making it easier for assessment, customer contact, compliance and asset owners to manage their responsibilities. 15 TIMING The subordinate local law amendments need to commence as the new planning scheme is due for Gazettal in early February 2016. The process, if commenced immediately, should be complete by the end of May 2016 (impending Council elections extend the process timing).


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08 16 CONCLUSION It is recommended that Council resolve to propose to make Subordinate Local Law No. 16.8 (Advertising Devices) 2016 (“the proposed subordinate local law”) as per Attachment ‘A’ to ensure that there is a seamless transition for the regulation of advertising devices from the planning scheme to the subordinate local law. 17 RECOMMENDATION It is recommended that Council resolves to:

1 Propose to make Subordinate Local Law No. 16.8 (Advertising Devices) 2016

(‘proposed subordinate local law).

2 Consult with the public about the proposed local law in accordance with the Local Law Making Process adopted by Council pursuant to Section 29 of the Local Government Act 2009 (‘the Act’), being Resolution No. G13.0212.015.

Author: Authorised by: Quinn Russell Colette McCool Acting Senior Advertising Device Assessment Officer

Director Community Services

11 January 2016

TRACKS REF: 52305074

RECOMMENDATION CHANGED AT COUNCIL MEETING 29 JANUARY 2016 COMMITTEE RECOMMENDATION CC16.0127.009 moved Cr Robbins seconded Cr Tozer 1 Propose to make Subordinate Local Law No. 16.8 (Advertising Devices) 2016

(‘proposed subordinate local law).

2 Consult with the public about the proposed local law in accordance with the Local Law Making Process adopted by Council pursuant to Section 29 of the Local Government Act 2009 (‘the Act’), being Resolution No. G13.0212.015.

CARRIED


ITEM 9 (Continued) PROPOSAL TO MAKE SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 FILE NO LG222/365/17/02/08

COUNCIL MEETING 29 JANUARY 2016 RESOLUTION G16.0129.018 moved Cr La Castra seconded Cr Grew That Committee Recommendation CC16.0127.009 be not adopted but in lieu thereof read as follows: That Council resolve to defer the process of making Subordinate Local Law No16.8 (Advertising Devices) 2016 to address concerns raised regarding approval criteria and a further report be brought back to Council for consideration.

CARRIED


Subordinate Local Law No. 16.8 (Advertising

Devices) 2016

This and the following 47 pages is a certified copy of Subordinate Local Law No. 16.8 (Advertisement) 2016

made in accordance with the provisions of the Local Government Act 2009, by the Council of the City of Gold Coast by resolution dated 2016

_______________________________________________ Dale Dickson



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Agenda Attachment A

TRACKS-#50897458-v11-SUBORDINATE_LOCAL_LAW_NO_16_8_(ADVERTISING_DEVICES)_2016

Council of the City of Gold Coast Subordinate Local Law No. 16.8 (Advertising Devices) 2016 Contents

Page


1 Short title .................................................................................................................... 1

2 Authorising local law .................................................................................................. 1 3 Object ........................................................................................................................ 1

4 Definitions .................................................................................................................. 2

Part 2 Licensing ................................................................................................... 2

5 Prescribed criteria ...................................................................................................... 2

6 Exemption from requirement for a licence ................................................................. 4

7 Application for a licence ........................................................................................... 15 8 Deciding application for a licence ............................................................................ 16

9 Conditions of a licence ............................................................................................ 30

10 Transfer of a licence ................................................................................................ 31

Part 3 Enforcement............................................................................................ 31

11 Seizure of advertising device ................................................................................... 31

Part 4 Repeal and transitional provisions ....................................................... 32

12 Repeal ..................................................................................................................... 32

13 Licences ................................................................................................................... 32 14 Proceedings ............................................................................................................. 32

Schedule 1 Mudgeeraba Village Character Area Map ............................................. 33

Schedule 2 Mudgeeraba Village Character Area Criteria ........................................ 34

Schedule 3 Dictionary ................................................................................................ 39


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Agenda Attachment A


Subordinate Local Law No. 16.8 (Advertising Devices) 2016

Council of the City of Gold Coast Subordinate Local Law No. 16.8 (Advertising Devices) 2016

Part 1 Preliminary

1 Short title This subordinate local law may be cited as Subordinate Local Law No. 16.8 (Advertising Devices) 2016.

2 Authorising local law This subordinate local law is made pursuant to Local Law No. 16 (Licensing) 2008.

3 Object (1) The object of this subordinate local law is to assist in the implementation of

Local Law No. 16 (Licensing) 2008 by ensuring that the placing, building, erection or display of advertising devices, including temporary advertising devices and permanent advertising devices, does not create, or increase, a risk to human health or safety, road safety or the safety of pedestrians while providing for the functional advertisement requirements of business and ensuring that the built form and natural attributes of the local government area are maintained and not unreasonably compromised.

(2) The object of this subordinate local law will be achieved by—

(a) ensuring that the operation of an advertising device

(i) is appropriately integrated into the built environment and does not create or exacerbate visual clutter; and

(ii) is complementary to and integrated with the design of a building to which it is fixed; and

(iii) presents a visually attractive appearance in the context of the desirable characteristics of the natural and built environment, including public places and the local streetscape; and

(iv) minimises the impact of the advertising device on access to views and sunlight for residents on adjoining premises; and

(v) does not create or exacerbate a nuisance, for example, a nuisance caused by illumination; and

(b) ensuring that advertising devices are safely secured and do not pose a hazard to motorists, pedestrians, cyclists or residents of adjoining premises; and

(c) ensuring that advertising devices are displayed and maintained to


376

Agenda Attachment A



essential standards of public safety; and

(d) ensuring that the primary purpose of the display of an advertising device on premises is to advertise or promote 1 or more of the businesses operating on the premises.

4 Definitions The dictionary in the Schedule 3 (Dictionary) of this subordinate local law defines particular words used in this subordinate local law.

Part 2 Licensing

5 Prescribed criteria For the purposes of Schedule 2 (Dictionary) of Local Law No. 16 (Licensing) 2008, the operation of an advertising device on premises must comply with the following prescribed criteria—

(a) the advertising device must

(i) be designed and constructed (A) to ensure public safety; and

(B) to minimise impacts on objects of scenic, historic, architectural, scientific or cultural interest; and

(C) to minimise visual clutter; and

(D) to complement the character and streetscape of the area in which it is displayed; and

(E) to be consistent with, and complementary to, any other advertising device on the premises; and

(F) to complement the scale, colour and design, including architectural features, of any building to which it is fixed or adjacent to; and

(ii) be consistent in colour, appearance and illumination with existing buildings, the streetscape and the features of the natural and built environment; and

(iii) be positioned—

(A) to ensure public safety; and

(B) to minimise impacts on objects of scenic, historic, architectural, scientific or cultural interest; and

(C) so as not to result in a loss of amenity in the locality in which it is displayed; and

(iv) be maintained in good order and repair; and

(v) if the advertising device is in a recognised themed precincthave,


377

Agenda Attachment A



on any face, a minimum proportion of 80% of the area of the face in characters of a language used in the operation of the business operated on the premises or in the English Language, and also have, on the face, the business name of the premises in the English language; and

(vi) if the advertising device is not in a recognised themed precincthave, on any face, a minimum proportion of 80% of the area of the face in characters of the English language and also have, on the face, the business name of the premises in the English language; and

(b) the advertising device must not, in the opinion of an authorised person (i) create or increase a risk to human health, human safety, road safety

or the safety of pedestrians; or

(ii) resemble an official traffic sign or traffic control device by way of shape, colour or wording; or

(iii) constitute a nuisance under Local Law No. 8 (Public Health, Safety and Amenity) 2008; or

(iv) create a hazard for aircraft operation on approach to, or take off from, the Gold Coast Airport, including by reason of illumination; or

(v) unreasonably impact on

(A) a view or vista including the outlook from a dwelling; or

(B) the light levels entering a dwelling; or

(C) access to or from a dwelling; or

(D) the amenity1 of the area in which it is displayed; or

(vi) be an excessively prominent element on the premises, or in the locality, in which it is placed or displayed; and

(c) the advertising device must not be displayed on a parked vehicle, caravan, boat or trailer if, in the opinion of an authorised person, it is being used for the dominant or primary purpose of advertising; and

(d) if the advertising device advertises a business operated on the premises, the operation of the business at the premises must be a lawful use2 of the premises; and

(e) if the advertising device is in a public place, the person operating the advertising device must

(i) at all times hold and maintain a broadform public liability insurance policy which provides indemnity to an amount not less

1 The appearance of the advertising device would be considered in terms of the impact of the activity on the amenity. 2 Lawful use means the business is approved to operate on the premises. Refer to Schedule 3 Dictionary.


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Agenda Attachment A



than $10 million or another amount specified by the local government and notes the interest of the Council of the City of Gold Coast in respect of the operation of the advertising device; and

(ii) produce the policy for inspection if requested by an authorised person.

Example of paragraph (b)(i)—

The advertising device must not impede the access of emergency service vehicles or personnel.

6 Exemption from requirement for a licence (1) For the purposes of section 5(2) of Local Law No. 16 (Licensing) 2008, a

licence is not required for the operation of an advertising device if (a) the advertising device is an exempt advertising device; or

(b) the display of the advertising device is authorized in writing by a local government, the State or the Commonwealth; or

(c) the advertising device, including a third party advertising device, is displayed in a public place and the display of the advertising device is authorised in writing by the local government. Example of subsection (1)(c)

The local government may issue a licence or a lease to a person authorizing the display of an advertising device in a park in circumstances where the advertising device promotes an event and revenue from the licence or lease is to be allocated to the Commonwealth Games funding obligations of the local government.

(2) An advertising device on premises is an exempt advertising device if the advertising device complies with the prescribed criteria specified in section 5 and —

(a) is not a third party advertising device; and

(b) is not visible from a motorway; and

(c) if the advertising device is, or will be, visible from a State-controlled roadthe display of the advertising device complies with the requirements of the Roadside Advertising Guide of the State; and

(d) the total face area of all advertising devices on the premises, but excluding the face area of any business promotional banner, changeable menu sign, hoarding sign, election sign, footpath sign, inflatable sign, menu stand sign, real estate vendor sign, security sign or trade works sign on the premises (i) if the premises are in the low density residential zone, medium

density residential zone, high density residential zone or rural residential zone as defined and mapped in the local government’s planning schemedoes not exceed 0.6m2; or

(ii) if the premises are in a zone identified in subsection (2)(d)(i), but the premises are food and drink outlet, shop, tourist attraction,


379

Agenda Attachment A



tourist shop, indoor sport and recreation or outdoor sport and recreationdoes not exceed 10m2; or

(iii) if the premises are in the rural zone, emerging community zone, limited development (constrained land) zone, special purpose zone or township zone as defined and mapped in the local government’s planning schemedoes not exceed 2m²; or

(iv) if the premises are in a zone identified in subsection (2)(d)(iii), but the premises are a food and drink outlet, shop, tourist attraction, tourist shop, indoor sport and recreation or outdoor sport and recreationdoes not exceed 10m²; or

(v) if the premises are in the open space zone, sport and recreation zone, conservation zone or community facilities zone as defined and mapped in the local government’s planning schemedoes not exceed 5m2; or

(vi) if the premises are in a zone identified in subsection (2)(d)(v), but the premises are a food and drink outlet, shop, tourist attraction, tourist shop, indoor sport and recreation or outdoor sport and recreationdoes not exceed 10m²; or

(vii) if the premises are in the centre zone, mixed use zone, neighbourhood centre zone or innovation zone as defined and mapped in the local government’s planning scheme—does not exceed whichever is the lesser of—

(A) 10m2; and

(B) 1m² for each metre of the street frontage of the premises on which the advertising device is displayed; or

(viii) if the premises are in the major tourism zone, high impact industry zone, medium impact industry zone, low impact industry zone, extractive industry zone or waterfront and marine industry zone as defined and mapped in the local government’s planning scheme—does not exceed whichever is the lesser of (A) 20m2; and

(B) 1m² for each metre of the street frontage of the premises on which the advertising device is displayed; and

(e) if the advertising device is placed within the Mudgeeraba Village Character Areathe advertising device

(i) is not on or over a public place; and

(ii) is not a freestanding sign; and

(iii) complies with the Mudgeeraba Village Character Area criteria; and (iv) is not illuminated or animated; and

(f) if the advertising device is an awning fascia signthe advertising device


380

Agenda Attachment A




(ii) is contained within the outline of the awning fascia; and

(iii) including any structure to which the advertising device is fixed, has a minimum vertical clearance of 2.2m above ground level; and

(iv) does not project outward more than 30mm from the fascia; and

(v) is not illuminated or animated; and

(g) if the advertising device is a blind sign

(i) the advertising device is not on or over a public place; and

(ii) no more than 2 blind signs are displayed at any premises used for the operation of a business; and

(iii) the face area of the advertising device does not exceed 50% of a single surface area of the blind; and

(iv) the advertising device, including any structure to which the advertising device is fixed, has a minimum vertical clearance of 2.2m above ground level; and

(v) the blind to which the advertising device is fixed provides shade and shelter for pedestrians and products and is not constructed as a supporting structure for the advertising device; and

(vi) the advertising device is not illuminated or animated; and

(h) if the advertising device is a bunting signthe advertising device (i) is not on or over a public place; and

(ii) does not have a length in excess of 1m for each metre of the street frontage of the premises on which the advertising device is displayed; and

(iii) is not displayed within 100m of any dwelling; and

(iv) is displayed at a height not more than 6m above ground level or less than 2.2m above ground level; and

(v) is the only bunting sign on the premises; and

(vi) is not illuminated or animated; and

(i) if the advertising device is a business promotional banner—the advertising device


(ii) is placed on premises used for the operation of a business to which the advertising device relates; and

(iii) has a maximum single face area of 5m2; and

(iv) is displayed for no longer than 28 days in any 6 month period; and

(v) is the only business promotional banner on the premises; and



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(j) if the advertising device is a canopy sign


(ii) the advertising device, including any structure to which the advertising device is fixed, has a minimum vertical clearance of 2.2m above ground level; and

(iii) the face area of the advertising device does not exceed 50% of a single surface area of the canopy; and

(iv) the canopy to which the advertising device is fixed functions as a shelter and is not constructed as a supporting structure for the advertising device; and

(v) the advertising device is not illuminated or animated; and

(k) if the advertising device is a changeable menu sign—the advertising device (i) is displayed within an area the use of which for roadside dining is

currently authorised under Local Law No. 11 (Roads and Malls) 2008 or on private property; and

(ii) has a maximum single face area of 0.75m2; and

(iii) is higher than it is wide; and

(iv) is self-supporting; and

(v) has a maximum of 2 faces; and

(vi) is the only changeable menu sign on the premises used for the operation of the roadside dining business; and

(vii) is not illuminated or animated; and

(l) if the advertising device is an election sign — the advertising device is on land that is not a public place and is only displayed during an election period; and

(m) if the advertising device is a fence signthe advertising device


(ii) is painted on or securely fixed to a fence; and

(iii) does not extend beyond the outline of the fence; and

(iv) does not project outward more than 30mm from the fence; and

(v) is painted on, or secured to, a fence which is capable of withstanding the additional weight and/or wind loading created by the advertising device; and

(vi) does not have a face area in excess of 5m2 for each 25 linear metres of the street frontage of the premises on which the advertising device is displayed; and


(n) if the advertising device is a flag signthe advertising device


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(ii) has a maximum single face area of 2.4m²; and

(iii) has a height not more than whichever is the lesser of

(A) 5m from ground level to the top of the advertising device; and

(B) the height of any building located adjacent to the premises on which the advertising device is displayed; and

(iv) is the only flag sign on the premises; and


(o) if the advertising device is a footpath signthe advertising device (i) is placed on a footpath; and

(ii) only promotes a business on premises that directly abuts the part of the footpath on which the advertising device is displayed and the advertisement relates only to that business; and

(iii) is the only footpath sign on a public place advertising the business immediately adjacent to the advertising device; and

(iv) has a maximum of 2 faces; and

(v) has a maximum single face area of 0.6m2, including any frame work; and

(vi) has a height greater than its width; and

(vii) is of sufficient weight so as not to move in strong winds; and

(viii) is positioned—

(A) not less than 500mm from the edge of the kerb; and

(B) so as to maintain a minimum 2m clearway for pedestrian traffic; and

(C) within 7m of the business that the advertising device is advertising; and

(D) between the side boundaries of the business that the advertising device is advertising; and

(E) within the footpath; and

(F) so that the advertising device does not overhang any part of the carriageway or any parking lane; and

(ix) is not —

(A) mounted on a vehicle, caravan, boat or trailer; or

(B) fixed to any street furniture; or

(C) fixed to or obscuring any official traffic sign; or

(D) displayed outside the hours of operation of the business; or

(E) illuminated or animated; and


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(p) if the advertising device is a garage sale sign

(i) the advertising device (A) is only displayed by a resident of a dwelling on private

premises or a local government road to advertise a single garage sale; and

(B) is a freestanding sign; and

(C) has a maximum single face area of 0.3m²; and

(D) has a maximum of 2 faces that are back to back; and

(E) does not interfere with pedestrian or vehicle movement; and

(F) does not encroach over the kerb toward any carriageway; and

(G) is not placed on a median strip, roundabout, local government owned or controlled park or reserve or foreshore; and

(H) is not fixed to a tree or roadside structure; and

(I) is placed within 2km of the dwelling at which the garage sale is advertised; and

(J) is displayed on the weekend of the garage sale, but only between the hours of 7.00 am on Saturday and 7.00 pm on Sunday; and

(K) displays only the address, time and duration of the garage sale; and

(L) is not illuminated or animated; and

(ii) a maximum of 4 garage sale signs for each garage sale is permitted; and

(iii) not more than 2 garage sales per dwelling may be advertised within a 12 month period; and

(q) if the advertising device is a hamper sign the advertising device


(ii) does not project beyond the boundaries of the window or door head to which it is fixed; and

(iii) is not illuminated or animated; and

(r) if the advertising device is a hoarding signthe advertising device (i) is not on or over a public place; and

(ii) is painted on, or securely fixed to, the hoarding; and

(iii) does not extend beyond the outline of the hoarding; and

(iv) has a face area which does not exceed 1m² for each metre of the street frontage of the premises on which the advertising device is displayed; and

(v) does not project outward more than 30mm from the hoarding; and


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(vi) is fixed to hoarding which is capable of withstanding the additional weight and/or wind loading created by the advertising device; and

(vii) has content which relates only to current approved development and construction works on the premises on which the hoarding sign is displayed; and

(viii) is removed within 14 days of a successful final building inspection or the issue of a certificate of classification for the development advertised on the advertising device; and

(ix) is not illuminated or animated; and

(s) if the advertising device is a home based business signthe advertising device (i) is not on or over a public place; and


(iii) is fixed to a fence, wall or gate; and

(iv) is the only home based business sign on the premises; and


(t) if the advertising device is an inflatable sign—

(i) the advertising device

(A) is not on or over a public place; and

(B) is the only inflatable sign on the premises; and

(C) is displayed for no longer than 28 days in any 6 month period; and

(D) other than an inflatable sign filled with cold airis only used during daylight hours; and

(E) is placed so as to ensure that the inflatable sign does not interfere with any public utility; and

(F) is inflated using a non-flammable and non-toxic gas; and

(G) is not illuminated or animated; and

(ii) written confirmation regarding the security of the anchoring of the advertising sign has been obtained from a suitably qualified engineer; and

(iii) the person operating the advertising device must

(A) at all times hold and maintain a broadform public liability insurance policy which provides indemnity to an amount not less than $10 million or another amount specified by the local government and notes the interest of the Council of the City of Gold Coast in respect of the operation of the advertising device; and

(B) produce the policy for inspection if requested by an


385

Agenda Attachment A



authorised person; and

(iv) the height of the advertising device is not more than 10m from the base at ground level to the top of the advertising device; and

(u) if the advertising device is a menu stand sign—the advertising device

(i) is displayed within an area the use of which for roadside dining is currently authorised under Local Law No. 11 (Roads and Malls) 2008 or on private property; and

(ii) has only 1 face with a maximum face area of 1m2; and

(iii) has a maximum total height of 1.5m; and

(iv) is the only menu stand sign on the premises used for the operation of the business; and

(v) does not display any other advertising; and

(vi) is self-supporting; and

(vii) if illuminated is illuminated by its own internal power source; and

(viii) is not animated; and

(v) if the advertising device is a mobile signthe advertising device


(ii) has a maximum of 2 faces; and

(iii) has a maximum single face area of 2.5m2; and

(iv) is the only mobile sign on the premises; and

(v) is displayed only during the business hours for the premises; and

(vi) is of sufficient weight so as not to move in strong winds; and


(w) if the advertising device is a real estate vendor sign

(i) the advertising device

(A) is placed on premises that are for sale or lease or, if the local government is satisfied there is no suitable location on the advertised premises, a real estate vendor sign may be placed in a public place abutting and parallel to the front boundary of the advertised premises; and

(B) is displayed only until the day of settlement of the premises; and

(C) has, on any face, content of not less than 80% of the total content which relates only to the premises on which it is situated or abutting with the balance of the content relating only to the name, logo and contact details of the real estate agent or the real estate agent’s business; and

(D) is not illuminated or animated; and


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Agenda Attachment A



(ii) the advertising device may be comprised of more than 1 advertising device provided that the total face area of all real estate vendor signs on the premises does not exceed a maximum face area of—

(A) for a dwelling house2.2m2; and

(B) for a duel occupancy or a dwelling unit1.1m2; and

(C) for a multiple dwelling4.5m2, or if there is more than 1 real estate vendor sign displayed on the premises1.1m² for each advertising device displayed on the multiple dwelling; and

(D) for premises in the non-urban area, the industry area or the business and tourism area—4.5m2, or if there is more than 1 real estate vendor sign displayed on the premises—1.1m2 for each advertising device; and

(E) for all other premises2.2m2; and

(x) if the advertising device is a real estate directional signthe advertising device —

(i) is displayed on a road and used by a real estate agent to advertise a single open house inspection; and

(ii) is a freestanding sign; and

(iii) has a maximum single face area of 0.3m2; and

(iv) has a maximum of 2 faces that are back to back; and

(v) does not interfere with pedestrian or vehicle movement; and

(vi) does not encroach over the kerb toward any carriageway; and

(vii) is not placed on a median strip, roundabout, local government owned or controlled park or reserve or foreshore; and

(viii) is not fixed to or obscuring any official traffic sign; and

(ix) is only displayed for the period of time which is specified on the advertising device up to a maximum period of 1 hour (not including the time the advertising device is displayed while it is being erected and removed, which is to be a maximum of 30 minutes before and after the period of time specified on the advertising device); and

(x) is the only advertising device displayed at an intersection by the real estate agent, or in the case of a divided road, is 1 of only 2 signs displayed on diagonally opposite corners of an intersection by the real estate agent; and

(xi) is erected by the real estate agent who is in attendance at the open house inspection to which the advertising device relates; and

(xii) is 1 of a maximum of 4 real estate directional signs on any combination of public roads for the single open house inspection; and

(xiii) is displayed at a location where the occupier of the adjoining


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Agenda Attachment A



premises does not object to the real estate directional sign being displayed at the location; and

(xiv) is not illuminated or animated; and

(y) if the advertising device is a roadside dining furniture sign—the advertising device

(i) is not a transparent screen or a transparent windbreak; and

(ii) is displayed within an area the use of which for roadside dining is currently authorised under Local Law No. 11 (Roads and Malls) 2008 or on private property; and

(iii) has, on a single face area, content to a maximum proportion of 25% of the face area3; and

(iv) has a maximum face area of 2m2; and

(v) has, on any face, content, other than menu items or prices, which relates to the business operated on the premises; and


(z) if the advertising device is a security signthe advertising device (i) is not on or over a public place; and


(iii) is the only security sign on the premises; and

(iv) is not illuminated or animated; and

(aa) if the advertising device is a stand-alone signthe advertising device


(ii) is not on or over any easement or utility service; and

(iii) does not exceed 2m in height above ground level; and

(iv) does not exceed 1.2m in width; and

(v) is the only stand-alone sign on the premises; and

(vi) if there is more than 1 tenant on the premisesprovides an equal opportunity for all tenants on the premises to advertise; and


(ab) if the advertising device is a trade works signthe advertising device


(ii) has a maximum single face area of 0.6m²; and

(iii) is freestanding or securely fixed to a wall or fence; and

3 For umbrellas, the maximum proportion of 25% is determined by the umbrella’s roof area (including the face area of valances). The advertising may be applied to the umbrella roof and/or valance.


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Agenda Attachment A



(iv) is the only trade works sign on the premises; and

(v) is displayed only while the trade works are in progress on the premises on which the advertising device is displayed; and


(ac) if the advertising device is an under-awning signthe advertising device (i) is not on or over a public place; and


(iii) has a maximum of 2 faces; and

(iv) has a maximum depth of 200mm; and

(v) is perpendicular to the shop front of the premises on which the advertising device is displayed; and

(vi) has a minimum vertical clearance of 2.2m above ground level; and

(vii) is a minimum distance of 3m from any existing under-awning sign; and

(viii) is not within 1.5m of the end of any awning or the side boundary of the tenancy; and

(ix) does not extend beyond the awning line; and

(x) does not have a length in excess of 75% of the width of the awning to which it is fixed; and

(xi) is not “V” shaped; and

(xii) is not illuminated or animated; and

(ad) if the advertising device is a vertical banner signthe advertising device (i) is not on or over a public place; and

(ii) does not exceed 2.8m in height or 0.75m in width; and

(iii) has a minimum vertical clearance of 2.2m from ground level to the lowest supporting bracket; and

(iv) has a height not more than whichever is the lesser of



(v) is the only vertical banner sign on the premises; and


(ae) if the advertising device is a wall signthe advertising device (i) is not on or over a public place; and


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Agenda Attachment A



(ii) is painted on, or securely fixed to, a wall; and

(iii) has a design which integrates the advertising device into the design of the wall of the building; and

(iv) does not extend beyond the outline of the wall to which it is fixed; and

(v) does not have a face area which exceeds 50% of the area of the wall to which the advertising device is painted on or fixed; and

(vi) does not project outward more than 30mm from the wall; and

(vii) has a minimum separation distance from any another wall sign of not less than 1m; and

(viii) if the premises on which the wall sign is displayed accommodates more than 1 businessprovides an equal and consistent advertising opportunity for each business accommodated on the premises; and

(ix) is not illuminated or animated; and

(af) if the advertising device is a window signthe advertising device (i) is not on or over a public place; and

(ii) does not cover more than 25% of the glazed area of a window; and

(iii) is not illuminated or animated.

7 Application for a licence For the purposes of section 6(1)(c)(iv) of Local Law No. 16 (Licensing) 2008, an application for a licence for the operation of an advertising device must, unless otherwise required by the local government, be accompanied by—

(a) the street address, real property description and details of the owner of the premises on which the advertising device will be displayed; and

(b) the name, street address, telephone number, facsimile number and email address of the person displaying the advertising device; and

(c) the trading name, street address, telephone number, facsimile number, email address, registered business name and Australian Company Number of the business under which the advertising device is to be operated; and

(d) details of the advertising device including—

(i) its content, design, dimensions and construction; and

(ii) when, where and how the advertising device is to be displayed; and

(e) a site plan of the premises drawn to scale and showing the proposed advertising device; and

(f) where the applicant is not the owner of the premises on or over which the advertising device is to be displayed, the written consent of the owner of the premises; and

(g) an image of the advertising device to be displayed; and


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(h) where the advertising device is to be fixed to an existing awning or other structure and any part of the advertising device is or will be on or over a public place, an Engineers Certificate issued by a Registered Professional Engineer of Queensland in accordance with the Professional Engineers Act 2002 certifying that the awning or other structure is structurally adequate to support the proposed advertising device.

8 Deciding application for a licence For the purposes of section 7(2)(h) of Local Law No. 16 (Licensing) 2008, the local government must grant a licence for the operation of an advertising device if satisfied that the operation of the advertising device complies with the following assessment criteria—

(a) the advertising device is structurally sound; and

(b) if the advertising device is to be fixed to an existing awning or other structure and any part of the advertising device will be on or over a public place — an Engineers Certificate has been supplied to the local government from a Registered Professional Engineer of Queensland in accordance with the Professional Engineers Act 2002 certifying that the existing awning or other structure is structurally adequate to support the advertising device; and

(c) if the advertising device is on or visible from a State-controlled roadsatisfaction of the requirements of each of the chief executive administering the Transport Infrastructure Act 19944 and the chief executive administering the Transport Operations (Road Use Management) Act 19955; and

(d) the advertising device will not cause obstruction of or significant distraction to vehicular or pedestrian traffic; and

(e) the advertising device is consistent, in colour and appearance, with the current buildings, streetscape and natural features of the environment in which it is to be displayed6; and

(f) the advertising device will not unreasonably impact on the amenity or desirable natural features of the area in which it is to be displayed; and

(g) the advertising device will not significantly obstruct a view or vista; and

(h) an advertising device that is an inflatable sign or a banner other than a vertical banner sign must not be a permanent advertising device; and

(i) the advertising device will relate to the lawful use conducted on the

4 See section 43 of the Transport Infrastructure Act 1994.

5 See section 139 of the Transport Operations (Road Use Management – Accreditation and Other Provisions) Regulation 2015.

6 The proposed advertising device must be consistent with the current features of the environment in which it is to be displayed at the time that the application for a licence or the renewal of a licence is made.


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premises on which the advertising device is displayed; and

(j) the display of the advertising device must be consistent with the objects of this subordinate local law; and

(k) an advertising device fixed to a building must be appropriately placed, scaled and designed to complement the architectural features of the building and its ancillary structures, which requirements are satisfied if the advertising device

(i) does not project from, or exceed, the height of the roof surface of the building to which it is fixed; and

(ii) does not obscure the outline of the building, including architectural features (for example, the roofline, balustrading or upper floor windows); and

(iii) is consistent with the design, material and colour of the building to which it is fixed; and

(iv) is designed and constructed such that it does not require stays, guys, struts or a similar support; and

(l) an advertising device that is illuminated must not create a nuisance or hazard and must not have an unreasonable impact on the amenity in the locality, which requirements are satisfied if (i) if the advertising device is in a suburban area or a non-urban

areathe advertising device is illuminated only if the sign is displayed on premises used for a food and drink outlet, shop, tourist attraction, tourist shop, indoor sport and recreation or outdoor sport and recreation; and

(ii) the advertising device does not resemble an official traffic sign or traffic control device and is positioned to avoid creating a traffic hazard or a nuisance; and

(iii) if the advertising device is displayed on land within the Gold Coast Airport lighting zone as defined and mapped in the local government’s planning scheme the advertising device complies with the acceptable outcomes for illuminated advertising devices in the Airport Environs Overlay Code of the planning scheme; and

(iv) the luminescence levels for the advertising device are consistent with the following maximum luminescence standards

(A) 500 cd/m2 in an industry area;

(B) 400 cd/m2 in a business and tourism area; (C) 300 cd/m2 in a suburban area or non-urban area; and

(v) if the advertising device is a fence sign, wall sign, awning fascia sign, billboard sign, created awning fascia sign, hamper sign, projecting sign or pylon signthe advertising device is illuminated internally; and

(vi) the illumination of the advertising device is static; and


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Agenda Attachment A



(m) the total face area of all advertising devices on the premises must be appropriate for the land use and be complementary to the character of the locality, which requirements are satisfied if

(i) the advertising device is in a suburban or non-urban area and (A) the total face area of all advertising devices displayed on the

premises does not exceed 0.6m²; or

(B) if the premises are used for a food and drink outlet, shop, tourist attraction, tourist shop, indoor sport and recreation or outdoor sport and recreationthe total face area of all advertising devices on the premises does not exceed 10m2; or

(C) if the advertising device is a hoarding signthe total face area of the advertising device does not exceed 1m² for each metre of the street frontage of the premises on which the advertising device is to be displayed; and

(ii) the advertising device is in an industry, business and tourism area and

(A) the total face area of all advertising devices does not exceed 1m2 for each metre of the street frontage of the premises on which the advertising device is to be displayed; and

(B) the face area of any advertising device on the premises does not exceed 40m2; and

(n) a freestanding sign must not contribute to a cluttering of advertising devices and must not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if (i) the advertising device has a height not more than whichever is the

lesser of—



(ii) the minimum distance between 2 freestanding signs is the combined heights of the 2 signs; and

(iii) the minimum distance between a freestanding sign on premises and the boundary of the premises (but excluding any boundary abutting a road) is 3m; and

(iv) the advertising device does not project beyond any boundary of the premises; and

(o) an awning fascia sign must be designed to minimise visual clutter, complement the design of the building on which it is fixed, not create a hazard or nuisance in terms of height or clearance and complement existing awning fascia signs on the premises and adjoining premises, which requirements are satisfied if


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(i) the advertising device is contained within the outline of the awning fascia; and


(iii) if unilluminated — the advertising device does not project outward more than 30mm from the fascia; and

(iv) if illuminated — the advertising device does not project outward more than 200mm from the fascia; and

(v) the advertising device does not project within 500mm of the vertical projection of the kerb directly below the advertising device; and

(vi) the sign is not animated; and

(p) a billboard sign must be designed and placed to complement and not unreasonably impact on the amenity of the area in which it is displayed, which requirements are satisfied if

(i) the advertising device is perpendicular to the road adjacent to the premises; and

(ii) the advertising device is placed as close to the centre of the street frontage of the premises as practicable; and

(iii) the advertising device has a maximum of 2 faces; and

(iv) the angle of a “V-shaped” billboard sign is no greater than 45 degrees; and

(v) the advertising device does not exceed 18m2 in single face area; and

(vi) the sign is not animated; and

(q) a blind sign must be designed to minimise visual clutter, complement the design of the building on which it is fixed and not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if (i) no more than 2 blind signs are displayed at any premises used for

the operation of a business; and

(ii) the face area of the advertising device does not exceed 50% of a single surface area of the blind; and

(iii) the advertising device, including any structure to which the advertising device is fixed, has a minimum vertical clearance of 2.2m above ground level; and

(iv) the blind to which the advertising device is fixed provides shade and shelter for pedestrians and products and is not constructed as a supporting structure for the advertising device; and



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Agenda Attachment A



(r) a building name sign must complement the scale and design of the building on which it is fixed, which requirements are satisfied if

(i) the advertising device is contained within the visible outline of the building to which it is fixed; and

(ii) the advertising device size and associated lettering is of a scale that is sympathetic with the size of the building to which it is fixed; and

(iii) the advertising device is designed and constructed to act as a landmark feature which makes a positive contribution to the streetscape; and

(s) a bunting sign must be designed to positively contribute to the streetscape of the locality without exacerbating sign clutter or detracting from the amenity of surrounding premises and must complement other signs on the premises, which requirements are satisfied if the advertising device (i) is not displayed within 100m of any dwelling; and

(ii) is displayed at a height of not more than 6m above ground level, or less than 2.2m above ground level; and

(iii) does not have a length in excess of 1m for each metre of the street frontage of the premises on which the advertising device is displayed; and

(iv) is not illuminated or animated; and

(t) a canopy sign must be designed to minimise visual clutter, complement the scale and design of the building on which it is fixed and not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if

(i) the height of the advertising device does not exceed 1m; and


(iii) the face area of the advertising device does not exceed 50% of a single surface area of the canopy; and

(iv) the canopy to which the advertising device is fixed functions as a shelter and is not constructed as a supporting structure for the advertising device; and


(u) a created awning fascia sign must be designed to minimise visual clutter, complement the design of the building on which it is fixed, clearly identify the business to which it relates and not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if

(i) the total face area of the advertising device is not more than 25% of the face area of the existing approved awning fascia; and


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Agenda Attachment A



(ii) the advertising device does not extend beyond the ends of the existing awning fascia; and

(iii) the advertising device has a minimum vertical clearance of 2.2m above ground level; and

(iv) the advertising device does not project within 500mm of the vertical projection of the kerb directly below the advertising device; and

(v) if unilluminated the advertising device does not project outward more than 30mm from the awning fascia; and

(vi) if illuminatedthe advertising device does not project outward more than 200mm from the awning fascia; and

(vii) the advertising device is not animated; and

(v) a fence sign must not contribute to visual clutter, which requirement is satisfied if

(i) the advertising device is painted on or securely fixed to a fence; and

(ii) the advertising device does not extend beyond the outline of the fence; and

(iii) the advertising device does not project outward more than 30mm from the fence; and

(iv) the advertising device does not project beyond any boundary of the premises; and

(v) the advertising device is painted on, or secured to, a fence which is capable of withstanding the additional weight and wind-loading created by the advertising device; and

(vi) the advertising device does not have a face area in excess of 5m2 for each 25 linear metres of the street frontage of the premises on which the advertising device is to be displayed; and

(vii) the advertising device is not animated; and

(w) a flag sign must be designed to positively contribute to the streetscape of the local area without creating or exacerbating sign clutter and must not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if (i) the height of the advertising device does not exceed the height of

the existing buildings and structures which are adjacent to or within the locality; and

(ii) the advertising device has a maximum single face area of 2.4m2; and

(iii) the advertising device has a minimum vertical clearance of 5m above ground level; and

(iv) there is not more than 1 advertising device for each 15 linear


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Agenda Attachment A



metres of the street frontage of the premises on which the advertising device is to be displayed; and

(v) the advertising device is not illuminated; and

(x) a hamper sign must be designed to minimise visual clutter and complement the design of the building to which it is fixed, which requirements are satisfied if

(i) the advertising device does not project beyond the boundaries of the window or door head to which the advertising device is fixed; and

(ii) the design of the advertising device is consistent with, and complementary to, adjacent hamper signs; and

(iii) the advertising device is not animated; and

(y) a hoarding sign must effectively screen the premises on which it is displayed without contributing to visual clutter and only display content that relates to current approved development and construction works on the premises, which requirements are satisfied if (i) the advertising device is not on or over a public place; and

(ii) the advertising device is painted on, or securely fixed to, the hoarding; and

(iii) the advertising device does not extend beyond the outline of the hoarding; and

(iv) the advertising device has a face area which does not exceed 1m² for each metre of the street frontage of the premises on which the advertising device is to be displayed; and

(v) the advertising device does not project outward more than 30mm from the hoarding; and

(vi) the advertising device is fixed to a hoarding which is capable of withstanding the additional weight and/or wind loading created by the advertising device; and

(vii) the advertising device must be removed within 14 days of a successful final building inspection or the issue of a certificate of classification for the development advertised on the advertising device; and

(viii) the advertising device is not illuminated or animated; and

(z) a home based business sign must not have an adverse impact on the amenity of the locality, which requirement is satisfied if (i) the advertising device has a maximum single face area of 0.6m2;

and

(ii) the advertising device is fixed to a fence, wall or gate; and

(iii) there is only 1 home based business sign on the premises for each lawful home based business operated from the premises; and


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(iv) the advertising device is not illuminated or animated; and

(aa) a mobile sign must not contribute to visual clutter within the locality and must not create a safety hazard or nuisance, which requirements are satisfied if

(i) the advertising device has a maximum single face area of 2.5m2; and

(ii) the advertising device has a maximum of 2 faces; and

(iii) a maximum of 1 mobile sign is displayed on the premises; and

(iv) the advertising device is displayed only during the business hours for the premises; and

(v) the advertising device is of sufficient weight so as not to move in strong winds; and


(ab) a projected image sign must provide visual interest in a manner that does not create a lighting nuisance and must comply with the following (i) the advertising device is not displayed within a suburban area or a

non-urban area; and

(ii) the advertising device is professionally designed and only displayed within a major centre in a business and tourism area that provides for night time activities; and


(ac) a projecting sign is designed to minimise visual clutter and complement the design of the building on which it is fixed, which requirements are satisfied if

(i) not more than 1 projecting sign is displayed on the premises used for the operation of a business; and

(ii) the advertising device has a vertical orientation with a maximum outward projection of 1.5m and a minimum vertical clearance of 2.2m above ground level; and

(iii) the advertising device has a maximum height of 5m and does not extend above the wall to which it is fixed; and

(iv) the advertising device is positioned a minimum distance of 5m from any existing projecting sign; and

(v) the advertising device is not “V” shaped; and (vi) the advertising device has a maximum of 2 faces; and

(vii) the advertising device is fixed flush to the wall; and

(ad) a pylon sign must be designed and displayed to complement and not dominate the environment in which it is displayed, which requirements are satisfied if

(i) the advertising device is perpendicular to the road; and


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(ii) the advertising device is placed as close to the centre of the street frontage of the premises as is practicable; and

(iii) where premises accommodate more than 1 business, a tenant menu sign must be displayed on the premises; and

(iv) the advertising device has a maximum of 2 faces; and

(v) the advertising device is not “V” shaped; and

(ae) a real estate development sign must be proportionate to the function and location, which requirements are satisfied if

(i) the advertising device has a maximum single face area of 18m²; and

(ii) the advertising device does not have a face area in excess of 5m2 for each 25 linear metres of the street frontage of the premises on which the advertising device is to be displayed; and

(iii) the advertising device provides information about the development on the premises; and


(af) a real estate directional development sign must be proportionate to the function and location, which requirements are satisfied if (i) the advertising device has a maximum single face area of 12m²;

and

(ii) the advertising device does not have a face area in excess 5m2 for each 25 linear metres of the street frontage of the premises on which the advertising device is to be displayed; and

(iii) a maximum of 1 real estate directional development sign is displayed on the premises; and


(ag) a roof sign must be designed to minimise visual clutter and complement the scale and design of the building on which it is fixed, which requirements are satisfied if


(ii) the advertising device does not project above the roof line of the building on which it is fixed; and

(iii) the advertising device does not project beyond any side wall of the building; and

(iv) the supporting structure for the advertising device is not visible and is integrated into the design of the roof; and

(v) a maximum of 1 roof sign is displayed on premises used for the operation of a business; and

(vi) the advertising device is concealed from adjacent residential accommodation uses; and


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(vii) the advertising device is not illuminated or animated; and

(viii) for a painted on advertising device, the advertising device is not larger than 25% of the roof section that it is applied to; and

(ah) a security sign must be designed and placed to alert the public about a security system without contributing to visual clutter, which requirements are satisfied if

(i) the advertising device has a maximum single face area of 0.6m2; and

(ii) there is only 1 security sign for each 25 linear metres of the street frontage of the premises on which the advertising device is to be displayed; and


(ai) a stand-alone sign must be designed and placed to complement and not dominate the environment in which it is displayed, which requirements may be satisfied if the advertising device does not have a single face area greater than 5m2; and

(aj) a temporary banner sign must be designed and placed to complement and not dominate the environment in which it is displayed, which requirements are satisfied if

(i) the advertising device relates to

(A) an activity permitted under Local Law No. 9 (Parks and Reserves) 2008; or

(B) a short term event such as a fete, fair, activity or other event to be held at a location other than a park; or

(C) an activity otherwise approved by the local government; and

(ii) the advertising device is displayed (A) on a permitted banner site or other device approved by the

local government; and

(B) within a radius of 5km of the venue of the activity advertised on the advertising device; and

(iii) the permitted banner site or other device on which the advertising device is to be displayed has sufficient area and/or capacity to display the banner; and

(iv) the advertising device is displayed by a charity which is registered with the Australian Charities and Not-for-profits Commission; and

(v) the advertising device does not contain commercial or corporate advertising; and

(vi) the advertising device is displayed for a maximum period of 28 days; and

(vii) the advertising device is not illuminated or animated; and


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(ak) a temporary promotional sign must be designed and placed to complement and not dominate the environment in which it is displayed, which requirements are satisfied if—

(i) the advertising device is freestanding; and

(ii) the advertising device has a maximum single face area 0.3m²; and

(iii) the number of temporary promotional signs is limited to 4 signs per event; and

(iv) the advertising device has a maximum of 2 faces back to back; and

(v) the advertising device is placed on a local government controlled road; and

(vi) the advertising device is not placed on a median strip or roundabout; and

(vii) the advertising device is placed within a radius of 5km of the venue of the activity advertised on the advertising device; and

(viii) the advertising device does not contain commercial or corporate advertising; and

(ix) the advertising device will promote a non-profit or community event; and

(al) a third party advertising device must be designed to minimise visual clutter, be proportionate to and complement the function and location of the surrounding land uses and the premises on which the advertising device is displayed, which requirements are satisfied if—

(i) the advertising device will not unreasonably detract from the image and identity of the area in which it is displayed; and

(ii) the advertising device has a maximum single face area7 of 45m2

(including the sign manager’s name plate); and

(iii) the advertising device has a maximum angle between faces of 45 degrees; and

(iv) the advertising device does not obscure the view, or reduce the exposure, of any existing approved advertising device on the premises; and

(v) the advertising device is the only third party advertising device situated within a 500m radius of the premises on which the advertising device is displayed; and

(am) a tourism directional sign must be designed to minimise visual clutter, be proportionate to and complement the function and location of the surrounding land uses and the premises on which the advertising device is displayed, which requirements are satisfied if

7 The face area of a rotating sign is calculated as 50% of the combined area of all of the faces.


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(i) the advertising device promotes a tourist destination; and

(ii) the advertising device has a maximum face area of 5m2; and

(iii) the advertising device is placed within a radius of 2km of the tourist destination that it is advertising; and

(iv) there is a maximum of 1 tourist directional sign on any premises; and


(an) a trade works sign must be proportionate to the function and location, which requirements are satisfied if

(i) the advertising device is not a permanent advertising device; and

(ii) the advertising device does not have a face area in excess of 5m2 for each 25 linear metres of the street frontage of the premises on which the advertising device is to be displayed; and

(iii) the advertising device provides information about trade works on the premises; and

(iv) the advertising device is used to screen unsightly works, barriers or construction equipment; and


(ao) an under-awning sign must be designed to minimise visual clutter, complement the design of the building on which it is fixed and must not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if (i) the advertising device has a maximum single face area of 1.5m2;

and

(ii) the advertising device has a maximum of 2 faces; and

(iii) the depth of the advertising device does not exceed 200mm; and

(iv) the advertising device face is perpendicular to the shop front of the premises on which the advertising device is displayed; and

(v) the advertising device has a minimum vertical clearance of 2.2m above ground level; and

(vi) the minimum distance from the advertising device to any existing under-awning sign is 3m; and

(vii) the minimum distance from the advertising device to the end of any awning or the side boundary of the tenancy is 1.5m; and

(viii) the advertising device does not extend beyond the awning line; and

(ix) the advertising device does not have a length in excess of 75% of the width of the awning to which it is fixed; and

(x) the advertising device is not “V" shaped; and

(ap) a vertical banner sign must be designed to positively contribute to the streetscape of the local area without creating or exacerbating sign clutter


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and must not create a hazard or nuisance in terms of height or clearance, which requirements are satisfied if

(i) the advertising device face area does not exceed 2.8m in height or 0.75m in width; and

(ii) the advertising device has a height from ground level to the top of the advertising device of not more than 5m; and

(iii) the advertising device, including any structure to which the advertising device is fixed, has a minimum vertical clearance of 2.2m from ground level to the lower supporting bracket; and

(iv) the advertising device does not extend beyond any boundary of the premises; and

(v) there is not more than 2 vertical banner signs on a freestanding pole; and


(aq) a wall sign must be designed to minimise visual clutter, complement the design of the building on which it is fixed and existing wall signs on the premises, which requirements are satisfied if (i) the design of the advertising device integrates the advertising

device into the design of the wall of the building; and

(ii) the advertising device does not have a face area which exceeds 50% of the area of the wall to which it is painted or fixed; and

(iii) the advertising device does not extend beyond the outline of the wall to which it is fixed; and

(iv) if the premises on which the wall sign is displayed accommodates more than 1 businessthe wall sign provides an equal and consistent advertising opportunity for each business accommodated on the premises; and

(v) the advertising device does not visually dominate the streetscape; and

(vi) the advertising device has a minimum separation distance from any other wall sign of not less than 1m; and

(vii) if the advertising device is unilluminatedthe advertising device does not project outward more than 30mm from the wall; and

(viii) if the advertising device is illuminatedthe advertising device does not project outward more than 200mm from the wall and is internally illuminated; and

(ar) a window sign must be designed to minimise visual clutter, not compromise the visual and solar access function of the window or dominate the facade, which requirements are satisfied if

(i) the advertising device does not cover more than 25% of the glazed area of the window; and


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(ii) the advertising device is complementary to adjacent window signs; and

(as) an advertising device that is displayed on premises used by a sporting club must be designed to minimise visual clutter, be proportionate to and complement the function and location of the surrounding land uses and the premises on which the advertising device is displayed, which requirements are satisfied if

(i) where the advertising device is displayed on a club house, the advertising device must be—

(A) of reasonable size in proportion to the club house to which it is fixed; and

(B) uniform in size, shape and form with other advertising devices displayed on the club house; and

(C) arranged with other advertising devices displayed on the club house in a balanced and consistent manner so as not to dominate the building or area; and

(ii) where the advertising device is a freestanding sign, the advertising device must be—

(A) of reasonable size in proportion to the area in which it is to be displayed; and

(B) uniform in size, shape and form with other advertising devices displayed on land used by the sporting club; and

(C) arranged with other advertising devices displayed on the land in a balanced and consistent manner and so as not to dominate the building or area; and

(iii) the advertising device has, on any face area, content that is corporate or commercial to a maximum proportion of 25% of the area of the wording, except where the sporting club can demonstrate that—

(A) the corporate sponsorship is the primary means of funding for the sporting club; and

(B) the sporting club does not contain gaming machines and is not licensed premises pursuant to the Liquor Act 1992; and

(iv) where the advertising device is to be displayed on an existing fence, the advertising device must —

(A) face inwards to the field/playing area; and

(B) be uniform in size, shape and form with other advertising devices displayed on the fence; and

(C) be painted on the rear with a colour approved by the local government; and

(at) an advertising device which relates to an activity being undertaken by the members of a religious organisation that is displayed on premises owned


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Agenda Attachment A



by the religious organisation must—

(i) provide a significant benefit to members of the religious organisation; or

(ii) be for an activity the revenue from which will be used for a bona fide charitable purpose for the benefit of the community; and

(au) an advertising device for a registered non-profit organisation that is not a sporting club, school or religious organisation, will be assessed against the criteria specified in section 8(as) and (at) where applicable; and

(av) if the advertising device is in the Mudgeeraba Village Character Area, the advertising device must maintain or enhance the visual amenity of the area, which requirement is satisfied by compliance with the Mudgeeraba Village Character Area criteria.

9 Conditions of a licence For the purposes of section 9(3) of Local Law No. 16 (Licensing) 2008, the local government may impose all or any of the following conditions on a licence for an advertising device8—

(a) the advertising device must comply with any relevant development approval; and

(b) the advertising device must be maintained in good order and repair; and

(c) the advertising device must not constitute a nuisance under Local Law No. 8 (Public Health, Safety and Amenity) 2008; and

(d) the advertising device must be positioned on the premises so as not to constitute a risk to road safety; and

(e) the advertising device must not be placed on or over a public place; and

(f) any premises, building or structure which is part of the display of the advertising device must be constructed in accordance with the requirements of the Sustainable Planning Act 2009 and/or the Building Act 1975; and

(g) a requirement that the holder of the licence not change in any respect any premises, building, structure, facility or equipment which is part of the display of the advertising device without the prior approval of the local government; and

(h) a banner on public land must have a maximum dimension of 5m in length and 1m in height; and

(i) the owner of an advertising device that is displayed on or over a public place must

8 This section prescribes, for the purposes of section 9(3) of Local Law No. 16 (Licensing) 2008, the conditions that will ordinarily be imposed in a licence. However, the local government may, pursuant to section 9(1) of Local Law No. 16 (Licensing) 2008, grant a licence on any conditions the local government considers appropriate.


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(i) at all times hold and maintain a broadform public liability insurance policy which provides indemnity to an amount not less than $10 million or another amount specified by the local government and note the interest of the Council of the City of Gold Coast in respect of the operation of the advertising device; and

(ii) produce the policy for inspection if requested by an authorised person; and

(j) vacant land in a residential dwelling area upon which a real estate development sign is displayed must be mown on a monthly basis and be generally maintained to a high standard; and

(k) prior to a time specified in an approval, an Engineers Certificate issued by a Registered Professional Engineer of Queensland in accordance with the Professional Engineers Act 2002 must be supplied to the local government certifying that the existing awning or other structure is structurally adequate to support the advertising device; and

(l) upon completion of the fixing of the advertising device to an awning or other structure, an Engineers Certificate issued by a Registered Professional Engineer of Queensland in accordance with the Professional Engineers Act 2002 must be supplied to the local government certifying the fixing of the subject advertising device to the approved awning or other structure.

10 Transfer of a licence For the purposes of section 11(1)(b) of Local Law No. 16 (Licensing) 2008, a licence cannot be transferred if the licence is for a real estate development sign or a real estate directional development sign.

Part 3 Enforcement

11 Seizure of advertising device (1) For the purposes of section 17 (Seizure of goods or objects) of Local Law

No. 16 (Licensing) 2008, an authorised person may seize an advertising device if—

(a) the advertising device is on a public place and the advertising device—

(i) is not an exempt advertising device; and

(ii) is operated without a licence issued pursuant to section 5(1) of Local Law No. 16 (Licensing) 2008; or

(b) is operated contrary to a condition of a licence imposed under section 9(1) of Local Law No. 16 (Licensing) 2008.

(2) Any advertising devices seized under subsection (1) are goods of a type specified under this subordinate local law for the purposes of section 39(2)(a)(iv) of Local Law No. 3 (Administration) 2008.


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Part 4 Repeal and transitional provisions

12 Repeal This subordinate local law repeals Subordinate Local Law No. 16.8 (Advertisement) 2008.

13 Licences A licence under Local Law No. 16 (Licensing) 2008 for an advertising device that was in force immediately before the commencement of this section continues in force as a licence for the advertising device after the commencement of this section subject to the same terms and conditions to which the licence was subject immediately before the commencement of this section.

14 Proceedings A proceeding about an advertising device under Local Law No. 16 (Licensing) 2008 started before the commencement of this section may be continued under Local Law No. 16 (Licensing) 2008 as if Subordinate Local Law No. 16.8 (Advertisement) 2008 had not been repealed.


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Schedule 1 Mudgeeraba Village Character Area Map


408

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Schedule 2 Mudgeeraba Village Character Area Criteria

1. Purpose

The purpose of this schedule is to, for an advertising device which is, or is to be, displayed on premises within the Mudgeeraba Village Character Area, specify —

(a) prescribed criteria with which the advertising device must comply if the advertising device is to be the exempt advertising device for which a licence is not required under section 5(2) of Local Law No. 16 (Licensing) 2008; and

(b) if the advertising device is not an exempt advertising device because the advertising device does not comply with the prescribed criteria specified in sections 4 and 5 of this Schedule 2—assessment criteria about which the local government must be satisfied before the local government must grant a licence for the operation of the advertising device.

2. Application of this schedule

This schedule only applies to the display of an advertising device within the Mudgeeraba Village Character Area.

3. Object

The object of this schedule is to ensure that the historical urban form and character of the Mudgeeraba Village (Village) is maintained or enhanced by guiding property owners and business in the design and assessment of advertising devices to be displayed on premises within the Mudgeeraba Village Character Area as defined in Schedule 1.

4. General Criteria

An advertising device is an exempt advertising device if the advertising device complies with the following general prescribed criteria—

(a) the advertising device must not detract from the architectural features of the building and must not dominate the character of the streetscape; and

(b) the advertising device must be set within a border or frame of heritage colours and/or a traditional heritage frame design which complements the building, its ancillary structures and colour scheme; and

(c) the colours and materials used for the boarder or frame of the advertising device must be in keeping with, or complement, the guide of heritage colours specified in section 55(a)(i); and


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(d) the font style, excluding corporate lettering and logos, must be in a traditional style of font such as Times New Roman, Garamond or Book Antiqua; and

(e) the building or place name (eg, Mudgeeraba Village) must take prominence over any other advertising device on the premises; and

(f) the border or frame must cover at least 10% of the face area of the advertising device; and

(g) the face area of the advertising device must not exceed 1m2 for each metre of the street frontage of the premises on which the advertising device is displayed.

5. Specific Criteria

An advertising device is an exempt advertising device if the advertising device complies with the following specific prescribed criteria—

(a) a freestanding sign must maintain and enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device has a height of not more than whichever is the lesser of—

(A) 3.5 m from ground level to the top of the advertising device; and

(B) the height of any building located adjacent to the remises on which the advertising device is displayed; and

(ii) the advertising device is supported by 2 posts which provide a border or frame to both edges of the advertising device and incorporates a decorative top; and

(iii) if the advertising device advertises a single business — the advertising device is supported by 1 post and hung to the side of the post with a decorative heritage design; and

(iv) if the premises on which the advertising device is displayed accommodates more than 1 business — the advertising device provides an equal and consistent advertising opportunity for each business accommodated on the premises; and

(v) an advertising device in the Village Heart Precinct must not exceed 2m2 per single face area, excluding the timber border or frame, per premises; and


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Agenda Attachment A



(vi) a single post advertising device has a maximum of 2 faces and its face area does not exceed 0.8m2 per single face area, excluding the timber border or frame, per premises; and

(vii) a sign in the Outer Village Precinct must not exceed 5m2 per single face area, but excluding the timber border or frame, per premises; and

(viii) a single post advertising device has a maximum of 2 faces and its face area does not exceed 1m2 per single face, excluding the timber border or frame, per premises; and

(b) a window sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device is applied directly to the glazing, does not restrict the solar function of the window, and does not include coloured film or frosting effects; and

(ii) the advertising device does not cover more than 25% of the glazed area of the window; and

(iii) the advertising device contains only lettering and graphics; and

(iv) an advertising device displayed behind the window does not obscure more than 25% of the glazed area of the window; and

(c) a parapet/fascia sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device has a heritage border and is set back 500mm from each end of the parapet/fascia; and

(ii) the advertising device, including the border, covers a maximum of 75% of the area of the parapet/fascia and does not extend the full height of the parapet/fascia; and

(iii) the advertising device’s border covers at least 10% of the face area of the advertising device which must be included in total face area calculation; and

(iv) if the parapet/fascia extends over several businesses, a separate advertising device surrounded with a border must be used for each business; and

(d) a wall sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device does not have a face area which exceeds 35% of the area of the wall to which it is painted on or fixed and must be a single advertising device surrounded by a border; and


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Agenda Attachment A



(ii) the advertising device’s border must cover at least 10% of the face area of the advertising device and must be included in the total face area calculation; and

(iii) where several businesses are located on the premises, the advertising for each business must be included in 1 advertising device with the place name located at the top of the advertising device; and

(e) an under-awning sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device has a minimum vertical clearance of 2.2m above ground level; and

(ii) if the building on which the advertising device is displayed has post supported awnings —

(A) the advertising device may extend a maximum of 75% of the width of the awning excluding the border of the advertising device; or

(B) the advertising device may extend a maximum of 80% of the width of the awning including the border of the advertising device; and

(f) a blackboard sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if—

(i) the advertising device is fixed to a wall or window and advertises specials; and

(ii) the advertising is temporary and kept in a neat and tidy state; and.

(g) a gable sign must maintain or enhance the historical urban form or character of the Village, which will be achieved if the advertising device does not have a face area which exceeds 35% of the area of the gable on which the advertising device is displayed; and

(h) an advertising device is not an exempt advertising device if it is not appropriate for display in the Mudgeeraba Village Character Area, including each of the following—

(i) a corporate flag;

(ii) a fence sign;

(iii) a roof sign;

(iv) an above awning sign; and


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(i) the border or frame of an advertising device must display only 1 or more of the following heritage colours from the Australian Standard AS2700 Colour Chart—

(i) Deep Indian Red R64;

(ii) Deep Stone Y55;

(iii) Bottle Green G11;

(iv) Cream Y34;

(v) Sandstone Y53;

(vi) Biscuit X42;

(vii) Coffee X52;

(viii) Cinnamon X45;

(ix) Charcoal B64;

(x) Terra Cotta R52;

(xi) Venetian Red R62;

(xii) Cootamundra T45;

(xiii) Light Grey Blue B44.


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Schedule 3 Dictionary

Section 4

above-awning sign means an advertising device that is mounted on top of an awning or veranda roof.

advertising device

(a) has the meaning given in Local Law No. 16 (Licensing) 2008; but

(b) for the purposes of this subordinate local law, includes each of

(i) a temporary advertising device; and

(ii) a permanent advertising device.

awning fascia sign means an advertising device that is painted on or fixed flush to the fascia of an awning, veranda or similar structure.

banner includes a device which has flexible material as a major component of its construction.

billboard sign means an advertising device with a display surface with a width that is greater than the height and which is positioned on the ground or mounted on 1 or more vertical supports.

blackboard sign means an advertising device that has, as part of its construction, a smooth surface on which hand written content may be applied by chalk or similar temporary product.

blind sign means an advertising device painted on or fixed and within the outline of a blind that is suspended from the edge of an awning, veranda or wall.

building name sign means an advertising device identifying the name of a building and is located high on the top portion of that building.

bunting sign means an advertising device that is a series of small flags, pennants, streamers or ribbons suspended from a rope or cable.

business has the meaning given in Local Law No. 7 (Council Property) 2008.

business and tourism area means premises within a centre zone, neighbourhood centre zone, major tourism zone, innovation zone, mixed use zone, and any land or precinct that most closely reflects any of the aforementioned zones as defined and mapped in the local government’s planning scheme.


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business promotional banner means an advertising device that is a banner and used for the promotion of a business.

canopy sign means an advertising device that is painted on or otherwise fixed to and within the outline of a canopy.

changeable menu sign means an advertising device that displays a changeable menu.

created awning fascia sign means an advertising device that is fixed to an existing awning fascia and extends above the top line of the original fascia to create a new fascia line.

development approval has the meaning given in the Sustainable Planning Act 2009.

dual occupancy has the meaning given in the local government’s planning scheme.

dwelling has the meaning given in the local government’s planning scheme.

dwelling house has the meaning given in the local government’s planning scheme.

dwelling unit has the meaning given in the local government’s planning scheme.

election means an election of

(a) a member of the local government; or

(b) a member of the Legislative Assembly; or

(c) a member of the House of Representatives or the Senate; or

(d) a person to a position in accordance with the provisions of an Act.

election period for an election means the period—

(a) starting the day after the following relevant act is done—

(i) the writ for the election is issued; or

(ii) public notice for the election is given; and

(b) ending on the close of the poll in the election.

election sign means an advertising device that promotes, displays advice about or draws attention to an election or a person or group of persons, including a political party involved in an election, referendum or political activity.


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exempt advertising device has the meaning given in section 6(2) of this subordinate local law.

face area, of an advertising device or devices, means —

(a) if the advertising device has only 1 plane of signage — the surface area of that plane, for example, for a sign painted or fixed to a wall, the surface area of the sign, or, for a single sided pylon sign, the surface area of the pylon sign; and

(b) if the advertising device has an irregular shape — the total area of the smallest square or rectangle that entirely encloses the surface area of the advertising device; and

(c) if the advertising device has 2 faces — the total area of both faces of the advertising device; and

(d) if the advertising device has a three dimensional form —

(i) the total area of signage is determined by slicing a plane through its thickest part and enclosing the resulting advertising device section in a square or rectangle; and

(ii) the total face area in such a case is twice the area of the resulting square or rectangle.

fence sign means an advertising device painted onto or fixed to a fence.

flag sign means an advertising device made from flexible material which displays commercial advertising and is hung from a freestanding pole.

food and drink outlet has the meaning given in the local government’s planning scheme.

footpath has the meaning given in the Transport Operations (Road Use Management) Act 1995.

footpath sign means an advertising device which is portable, freestanding, typically supported by an “A” or inverted “T” frame and placed on a footpath on a public road.

freestanding sign means an advertising device that is self-supporting.

garage sale sign means an advertising device that advertises a garage sale at a dwelling.

ground level, in relation to an advertising device, means ground level directly adjacent to the advertising device.

hamper sign means an advertising device mounted above a window or door head.


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hoarding has the meaning given in the Work Health and Safety Regulation 2011.

hoarding sign means an advertising device which is fixed to temporary hoarding and advertises a current approved development.

home based business sign means an advertising device that advertises the services provided by a lawfully established home based business activity.

indoor sport and recreation has the meaning given in the local government’s planning scheme.

industry area means premises within a low impact industry zone, medium impact industry zone, high impact industry zone, waterfront and marine industry zone, extractive industry zone, and any land or precinct that most closely reflects any of the aforementioned zones as defined and mapped in the local government’s planning scheme.

inflatable sign means an advertising device which is inflated by air or a substance that is lighter than air and is fixed to, or placed on, premises.

lawful use has the meaning given in the Sustainable Planning Act 2009.

menu stand sign means an advertising device that displays a menu and may include the business name.

mobile sign means an advertising device that is a lightweight, portable, freestanding sign or sign with wheels displayed on private property, but does not include a trailer mounted sign.

motorway has the meaning given in the Transport Infrastructure Act 1994

Mudgeeraba Village Character Area means each of the area identified as “Village Heart” and the area identified as “Outer Village” on the Mudgeeraba Village Character Area Map and the roads adjoining those areas.

Mudgeeraba Village Character Area criteria, see Schedule 2.

Mudgeeraba Village Character Area Map means the map titled “Mudgeeraba Village Character Area Map” in Schedule 1of this subordinate local law.

multiple dwelling has the meaning given in the local government’s planning scheme.

non-urban area means premises within a conservation zone, emerging community zone, limited development (constrained land) zone, rural zone, rural residential zone, special purpose zone, township zone, and


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any land or precinct that most closely reflects any of the aforementioned zones as defined and mapped in the local government’s planning scheme.

official traffic sign means a sign, marking, light or device placed or erected to regulate, warn or guide traffic that is an official traffic sign under the Transport Operations (Road Use Management) Act 1995.

outdoor sport and recreation has the meaning given in the local government’s planning scheme.

parapet fascia sign means an advertising device that is painted on, or fixed to, a parapet.

planning scheme has the meaning given in the Sustainable Planning Act 2009.

premises —

(a) has the meaning given in Local Law No. 16 (Licensing) 2008; but

(b) includes any premises on which an advertising device is or is proposed to be displayed; and

(c) may include the whole or part of 1 lot or more than 1 lot if each of the lots is contiguous.

projected image sign means an advertising device that is projected onto a display surface as a static or animated image and includes a hologram.

projecting sign means an advertising device that has a vertical orientation and projects at right angles from a building wall or similar structure.

public place means—

(a) a road; or

(b) trust land; or

(c) a park or reserve as defined in Local Law No. 9 (Parks and Reserves) 2008; or

(d) a bathing reserve as defined in Local Law No. 10 (Bathing Reserves) 2004; or

(e) premises of which the local government is the owner or occupier; or

(f) premises which are managed or controlled by the local government; or

(g) waterway area; or


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(h) railway; or

(i) light rail.

public utility has the meaning given in the local government’s planning scheme.

pylon sign means an advertising device with a display surface with a height greater than the width and which is positioned on the ground or mounted on 1 or more vertical supports.

real estate agent has the meaning given in the Property Occupations Act 2014.

real estate development sign means an advertising device that is situated on a new real estate development site and provides real estate information to the public.

real estate directional sign means an advertising device that is used by a real estate agent or vendor for the purpose of directing people to premises that are being offered for sale or lease.

real estate directional development sign means an advertising device that is situated off-site and provides directional information to the public about a new real estate development site.

real estate vendor sign means an advertising device that is used by a real estate agent or vendor for any purpose connected with the sale or lease of premises.

recognised themed precinct means a precinct within which business groups and the community come together and collectively celebrate their culture, for example, Southport’s China Town which has been approved by the local government by resolution.

referendum means a referendum as defined under the Referendums Act 1997 or the Referendum (Machinery Provisions) Act 1984 (Cth).

reserve means land which is placed under the control of the local government pursuant to legislation.

roadside dining furniture sign means an advertising device displayed on dining furniture, such as umbrellas, screens and windbreaks, on the footpath or visible from a public place.

roof sign means an advertising device which is painted on or fixed to the roof of a building.

school means a school that is not a State school.

security sign means an advertising device that warns the public about a


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security system and/or an electrified fence or other security feature on premises.

shop has the meaning given in the local government’s planning scheme.

sign see advertising device.

stand-alone sign means a smaller self-supporting advertising device that

(a) does not fit within the definition of any other advertising device; and

(b) has a height of not more than 2m above ground level; and

(c) has a face area of not more than 5m2.

street frontage

(a) means the boundary between premises and a road; and

(b) if the premises abut more than 1 road, the street frontage is the boundary between the premises and the road to which any building on the premises fronts.

suburban area means premises within a low density residential zone, medium density residential zone, high density residential zone, sport and recreation zone, open space zone, community facilities zone, and any land or precinct that most closely reflects any of the aforementioned zones as defined and mapped in the local government’s planning scheme.

temporary banner sign means an advertising device that advertises a short term event such as a fete, fair or other similar event.

temporary promotional sign means an advertising device displayed for no longer than 28 days and used to promote a non-profit or community event.

tenant menu sign, for premises, means an advertising device that is designed to provide an equal opportunity for all tenants of the premises to advertise.

third party advertising device means an advertising device that advertises a product, service or thing not available at the premises where the advertising device is displayed.

tourism directional sign means an advertising device that is located off-site on private freehold land and identifies a tourist destination.

tourist attraction has the meaning given in the local government’s planning scheme.


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Agenda Attachment A



tourist shop has the meaning given in the local government’s planning scheme.

trade works sign—

(a) means an advertising device that advertises trade work or construction work that is being carried out on the premises on which the advertising device is displayed; but

(b) a trade works sign is not a sign that is required to be displayed under another Act.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

trust land means land dedicated as a reserve or granted in trust under the Land Act 1994 and for which the local government is the trustee under the Land Act 1994.

under-awning sign means an advertising device suspended beneath an awning, veranda or similar structure.

vertical banner sign means an advertising device constructed of flexible material and suspended between 2 solid brackets at the top and bottom of the sign face with the brackets fixed to a freestanding pole.

village see Schedule 2, section 3.

wall sign means an advertising device painted on, or fixed to, a wall.

waterway area has the meaning given in Local Law No. 17 (Maintenance of Works in Waterway Areas) 2013.

window sign means an advertising device that is painted on or fixed to a glazed area, or displayed behind a glazed area so as to be visible from a public place.

zone means the preferred or acceptable land use category as defined and mapped in the local government’s planning scheme.

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Agenda Attachment A

COUNCIL OF THE CITY OF GOLD COAST

PUBLIC INTEREST TEST PLAN SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016

INTRODUCTION

As part of the National Competition Policy reforms, Council is conducting a public interest test on possible anti-competitive provisions identified in Subordinate Local Law No. 16.8 (Advertising Devices) 2016. The public interest test will be conducted against the principles and objectives set by the Competition Principles Agreement (CPA).

Under clause 5(1) of the CPA, all governments agreed to the principle that legislation should not restrict competition unless it can be demonstrated that:

• the benefits of the restriction to the community as a whole outweigh the costs; and


In reviewing legislation that restricts competition, clause 5(9) of the CPA requires that the review should:






Without limiting the matters to be taken into account in a review Clause 1(3) of the CPA sets out matters which should be taken into account, as follows:





• the interests of consumers generally or of a class of consumers;



This public interest test plan has been prepared in accordance with guidelines issued by the Department of Local Government and called up by regulation under the Local Government Act 2009 to provide a basis for community consultation. The plan details activities to be conducted during the test and identifies the depth of analysis to be carried out on the possible anti-competitive provisions.


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Agenda Attachment B

Public Interest Test Plan — Council of the City of Gold Coast Subordinate Local Law No. 16.8 (Advertising Devices) 2016 Page 2

PURPOSE OF THE SUBORDINATE LOCAL LAW

The purpose of the proposed subordinate local law identified in the Schedule is specified in the subordinate local law a copy of which is available for inspection with this public interest test plan.

POSSIBLE ANTI-COMPETITIVE PROVISIONS

The possible anti-competitive provisions in the subordinate local law are also identified in the Schedule.

CURRENT ENVIRONMENT

Particulars of the current environment impacted by the proposed subordinate local law is specified in the Schedule.

TYPE OF ASSESSMENT AND LEVEL OF RESOURCES REQUIRED

The assessment of the anti-competitive provisions in the subordinate local law will be conducted as a minor review. The emphasis will be on qualitative analysis of alternatives with key impacts expressed in monetary terms where data is available.

The review will be conducted in-house by a team of officers.

EXTENT OF CONSULTATION TO BE CONDUCTED

Consultation will be conducted by giving public notice of the review in the local newspaper and inviting submissions. Public notices will also be posted on all public notice boards in the Council Chambers. The public notice will also advise that the consultation on anti-competitive provisions is being conducted with the public consultation for the proposed subordinate local law.

Council will consult with existing licence holders and representative bodies whose members will be impacted by the proposed subordinate local law.

The public interest test plan will be open to inspection at the Council’s public office and available for purchase.

TIME-FRAME FOR CONDUCTING THE PUBLIC INTEREST TEST

Commence public interest test (Specify the Commencement Date of Council’s public interest test)

Estimate of time for completing public interest test

Consultation period

2 months including consultation period Minimum of 3 weeks (21 days)


The Council meeting to be convened by Council 3 months after the commencement of the public interest test.

CONTENT OF THE PUBLIC INTEREST TEST REPORT



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Agenda Attachment B


• A summary of the consultation process including a list of affected groups consulted and the outcomes of consultation

• A statement of alternatives which are assessed to be not viable

• A summary of the positive and negative impacts associated with the alternatives compared to the existing environment

• A summary of the net impacts (positive or negative) associated with the alternatives

• Recommendations

PUBLIC INTEREST TEST PLAN APPROVAL

This decision has been delegated by Council to the Chief Executive Officer. The Local Government Act 2009 allows this decision to be delegated by Council. Council will not delegate any decision in respect of recommendations contained in the actual public interest test report.

Approved by: ___________________________

Dale Dickson Chief Executive Officer, Council of the City of Gold Coast

Dated: ___/___/2016


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Schedule Advertising Devices

IDENTIFIED POSSIBLE ANTI-COMPETITIVE PROVISIONS

The possible anti-competitive provisions identified in Subordinate Local Law No. 16.8 (Advertising Devices) 2016 are as follows:

• section 5 (Prescribed criteria)

• section 6 (Exemption from requirement for a licence)

• section 7 (Application for licence)

• section 8 (Deciding application for licence)

• section 9 (Conditions of a licence)

• section 10 (Transfer of a licence)

CURRENT ENVIRONMENT

The business environment has failed to operate competitively by not including in the product/service cost, the impact that advertising devices have on public safety and on the local amenity/environment. To ensure business includes these costs, Local Law No. 16 (Licensing) 2008 identifies, as a regulated activity, advertising device which is defined to mean:

(a) the placing, building or erection of a temporary advertising device on premises that is visible from a public place;

(b) the placing, building or erection of a permanent advertising device on premises that is visible from a public place;

(c) the display or change in display of advertising on premises that is visible from a public place.

The regulation of the regulated activity is supported by Subordinate Local Law No. 16.8 (Advertisement) 2008. The proposed subordinate local law repeals and replaces Subordinate Local Law No. 16.8 (Advertisement) 2008. The purpose of the proposed subordinate local law is to ensure that the impact that advertising devices have on public safety and on the local amenity/environment are included in the product/service costs of business.

In particular, the object of the proposed subordinate local law is to ensure that the placing, building erection and display of advertising devices, including temporary advertising devices and permanent advertising devices, does not create, or increase, a risk to human health or safety, road safety or the safety of pedestrians while providing for the functional advertisement requirements of business and ensuring that the built form and natural attributes of the local government area are maintained and not unreasonably compromised.

Without the restriction contemplated in each of the current subordinate local law and the proposed subordinate local law, costs would be imposed on the community when essentially they should be included as part of the original transaction between business and consumers. The costs potentially imposed are a decrease in public safety and an increase in visual pollution.

Public safety is maintained by:

• regulating the structural integrity of advertising devices by specifying requirements relevant to device type, dimensions, maintenance, positioning and construction; and


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Agenda Attachment B


• ensuring structures do not obstruct or detract vehicular and pedestrian traffic.

Amenity standards are maintained by:

• prescribing the dimensions of the advertising devices to ensure they bear a reasonable relationship with surrounding buildings thereby ensuring they are not dominating and oppressive and do not unreasonably obstruct existing views; and

• the advertisement is consistent, in colour, character and appearance with the environment.

The anti-competitive provisions restricting the display of advertising devices are generally restrictive and impact on all businesses. As a result, no particular product will be identified and Council will refer to the market in general.

CONFIRM IDENTIFIED PROVISIONS ARE ANTI-COMPETITIVE

The sections are confirmed as anti-competitive and no errors in analysis were made in the identification stage.

REALISTIC REGULATORY AND NON-REGULATORY ALTERNATIVES TO THE PROPOSED SUBORDINATE LOCAL LAW

The objective of regulating the prescribed activity is to ensure that the display of advertising devices, including temporary advertising devices and permanent advertising devices, does not create, or increase, a risk to human health or safety, road safety or the safety of pedestrians while providing for the functional advertisement requirements of business and ensuring that the built form and natural attributes of the local government area are maintained and not unreasonably compromised.

The proposed subordinate local law, in conjunction with Local Law No. 16 (Licensing) 2008 achieves this using a combination of conventional and negative licensing. Some form of government intervention is required to ensure that advertising devices displayed meet the standards expected by the community and in meeting these standards that the onus of cost is on business and not the community.

The market is unable to self regulate or impose restrictions due to lack of solidarity within the market (there is no specific industry) and no common business theme or interest to create dependence between businesses.

By meeting the objective detailed above, the proposed subordinate local law, in conjunction with Local Law No. 16 (Licensing) 2008 does not induce strongly anti-competitive conduct in the market place or confer monopoly power on a business. Considering the need to monitor the display of advertising devices for quality and environmental reasons, other types of intervention which are considered realistic are:

• Negative licensing was considered to be a viable alternative at this stage. Negative licensing is a system whereby participants can enter the market if they meet the standards or “rules” set for the particular business activity. There is no requirement to first obtain a permit or similar approval. There is, therefore, no barrier to entry to the market. Under a negative licensing regime, the local law would need to be changed to remove the requirement to hold a licence and prescribe a range of generic standards or “rules”. Of necessity, the standards will need to be output standards as opposed to specifying how to meet the output. The local law could retain offences and penalties for non-compliance.

Under the pure model of negative licensing, no fees are paid and no permits are issued. However, the penalties for non-compliance are high and should be applied


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Agenda Attachment B


immediately. Some uncertainty exists as to whether large penalties can be obtained due to the inability to set minimum penalties in local laws (only maximum penalties can be set in local laws) and the tendency of judges to apply small fines, particularly for first offences.

• Community empowerment - Local government would act as facilitator rather than regulator of advertising devices. No regulation would exist for the display of advertising devices with the exception of advertising devices on public land or in areas covered by State legislation. Information guidelines would be produced for businesses in relation to the display of advertising devices, but these would not be enforced.

In assessing the viability of the realistic alternatives, Council considers community empowerment to be non-viable. The community empowerment alternative fails to provide voluntary compliance by business to a minimum level of environmental and public safety standards. Over time, the level of information and interest in maintaining these standards is expected to erode. Council considers the benefits enjoyed by ensuring some level of environmental and quality standard far outweigh the benefits given to business under a system of voluntary compliance.

KEY STAKEHOLDERS AFFECTED BY THE CURRENT SITUATION AND BY A MOVE TO ALTERNATIVE ARRANGEMENTS

The following stakeholders have been identified:

Stakeholders/broad impacts

Approximate size of group

Distribution of group Impact rating and rationale

Local Government

Council would be impacted if there was a change from the current regime which is proposed to be varied by Council to an alternative regime, and in particular, a negative licensing regime.

Council Local government area Moderate – A change to a negative licensing regime would require the amendment of Local Law No. 16 (Licensing) 2008 and the proposed subordinate local law and would have an impact on staff duties.

Business - Existing and Potential

Existing and potential businesses are impacted because of the use advertising devices to advertise business products and services and a change in the regulatory regime would have an impact.

Presumably 100’s

Local government area Medium - The number of businesses dependent on this type of advertising is high. The affect on each business is low.

Consumers

Consumers are impacted because Law No. 16 (Licensing) 2008, in

The population of the local

Local government area Low - Consumers are impacted by changes to the price of available products and services


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Agenda Attachment B


Stakeholders/broad impacts

Approximate size of group

Distribution of group Impact rating and rationale

conjunction with the proposed subordinate local law impact on product/service choice and the level of advertising of business product.

government area which are advertised by way of an advertising device.

Home owners

Home owners are impacted because the regulation of the display of advertising devices has the potential to decrease the monetary and aesthetic value of their homes.

Each home owner in the local government area

Local government area Low - Only impacts on a small number of total home owners.

Conservationists

Conservationists have an interest in any changes to environmental protection laws.

5 not for profit organisations with objects with a focus of conservationist issues

Local government area Low - Only impacts on how environmental standards are enforced not the level of enforcement.

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Agenda Attachment B

1

SUBORDINATE LOCAL LAW NO. 16.8 (ADVERTISING DEVICES) 2016 LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

Local Law: Local Law No. 16 (Licensing) 2008 Subordinate Local Law: Subordinate Local Law No. 16.8 (Advertising Devices) 2016.

Purposes: The purpose of the proposed subordinate local law is to assist in the implementation of Local Law No. 16 (Licensing) 2008 by ensuring that the placing, building, erection and display of advertising devices, including temporary advertising devices and permanent advertising devices, does not create, or increase, a risk to human health or safety, road safety or the safety of pedestrians while providing for the functional advertisement requirements of business and ensuring that the built form and natural attributes of the local government area are maintained and not unreasonably compromised.

Anti-competitive Provisions

Relevant criteria Explanatory Comments

Subordinate Local Law, section 5 Prescribed criteria

5 – prescribed standard 7 – business restriction

Prescribes requirements and conditions for the display of an advertising device and may have an impact on the conduct of a business activity, and in particular, the regulated activity identified in the subordinate local law.

Subordinate Local Law, section 6 Exemption from requirement for a licence

5 – prescribed standard 7 – business restriction 10 – permit requirement

Prescribes the circumstances in which the authorising local law does not apply to a regulated activity and imposes requirements or conditions which must be complied with if the authorising local law does not apply to the regulated activity. The requirements and conditions may have an impact on the conduct of a business activity, and in particular, the regulated activity identified in the subordinate local law.

Subordinate Local Law, section 7 Application for licence

10 – permit requirement Prescribes documentation and requirements which must accompany an application for a licence. Regulates the process for the grant of a licence.

Subordinate Local Law, section 8 Deciding application for licence

10 – permit requirement Regulates the process for the grant of a licence by constraining the Council’s discretion.

Subordinate Local Law, section 9 Conditions of a licence

10 – permit requirement The power to impose conditions and examples of subject matter for conditions which form part of the process for the grant of a licence. The imposition of conditions may have an impact on the conduct of a business activity.

Subordinate Local Law, section 10 Transfer of a licence

10 – permit requirement Regulates the process for the transfer of a licence which may have an impact on the conduct of a business activity, and in particular, that part of the regulated activity which is a business activity.

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Agenda Attachment C

COMPARISON OF REGULATORY FRAMEWORKS FOR ADVERTISING DEVICES Table 1 below compares the basic regulatory frameworks as they would apply to advertising devices (signs) under the new City Plan if signs were included in the plan to the regulatory framework under the proposed new subordinate local law. Although the table does not address all aspects of the application, assessment, approval and enforcement processes that apply, it does reveal the City’s actions to adequately address the complexities, regulatory burden on the city and business owners and duplication of processes where the display of a sign is regulated by two statutory instruments. Table 1: Comparison of City Plan and Local Law Regulatory Frameworks City Plan Regulatory Framework (Current Scheme Framework) (Not Proposed for new City Plan)

Proposed New Local Law Regulatory Framework

Development subject to the provisions of the Sustainable Planning Act 2009 and also subject to the provisions of Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.8 (Advertising Devices) 2016

Regulated activity subject to the provisions of Local Law No. 16 (Licensing) 2008 and Subordinate Local Law No. 16.8 (Advertising Devices) 2016

The City will be organised into Zones and Precincts within a Zone. A zone facilitates the location of the preferred or acceptable development outcomes.

The unique land use and characteristics of premises within each of the City’s 23 zones can still be considered when assessing the appropriateness of a sign or signs displayed on the premises.

There are 23 zones and approximately 21 precincts identified in the City Plan.

For signs that may be displayed without a licence (exempt sign), each of the 23 zones are identified to establish the maximum total face area and type of sign or signs permitted to be displayed without a licence. For signs that require a licence, the same 23 zones are relevant however they have been grouped into four (4) land use categories; suburban, non-urban, industry and business and tourism to simplify reading the document. The alignment of the zones in the documents ensures the planning intent of the zones is maintained.

Should provisions relating to signs have remained in the City Plan, each of the 23 zone codes and associated tables of assessment would have contained assessment criteria unique to each zone or precinct. An applicant would have to review the other development codes to establish the criteria for each sign type that they are proposing to erect.

The regulation of the design and placement of signs under a local law simplifies the assessment, approval and enforcement process by having all of the relevant provisions contained within the one document. Having only one approval process per sign instead of two simplifies the data required to be recorded and stored. Most applicants are not familiar with the application of the planning scheme in their day to day business and how it applies to the placement of a sign or how to navigate their way through a planning scheme.


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Agenda Attachment D

City Plan Regulatory Framework (Current Scheme Framework) (Not Proposed for new City Plan)

Proposed New Local Law Regulatory Framework

The City Plan would only regulate the placement of a permanent sign requiring the applicant to refer to the local law should they wish to display a temporary sign.

A person is now only required to review the local law when considering all types of advertising for their business. Further simplification and streamlining for the City and business.

An application to place a sign on premises requires a person to submit a state legislated IDAS form 1 and 6 and the issuing of a development permit for each sign. The “language” used in these forms can be complicated and impact the ability of the applicant to complete it.

An application form for sign approval under a local law can be tailored and simplified to service business. Amendments can be made when required to satisfy emergent business needs. The terms used are directly associated with the approval of a sign and are terms commonly used by business.

There would have been three levels of assessment associated with an advertising device; 1) exempt, 2) self-assessable and 3) code-assessable.

There are only two levels of approvals under the local law; 1) exempt and 2) requires an approval

The application, assessment, approval, refusal, appeal and enforcement provisions of the Sustainable Planning Acting 2009 are complex.

The application, assessment, approval, refusal, review and enforcement provisions of the local laws make it easier for both council and the applicant to accept or negotiate appropriate outcomes.

Additional improvements for businesses, the community and the City that will be achieved with the proposed new subordinate local law are outlined below: • The number of signs which are exempt from requiring a licence has been increased to

provide a greater opportunity for business to display a sign without having to submit an application to Council. The criteria to ensure the sign types and face area are appropriate for the area has been maintained.

• Examples of new sign types that may be displayed without a licence, subject to conditions, are; stand-alone sign, trade works sign and hoarding sign. Minor modification to criteria to assist with processing and approvals was undertaken and the following outcomes achieved:

o To consider and assist new and evolving sign types within the city, there is now a greater emphasis on assessing applications against the object of the subordinate local law to ensure their display is appropriate for the area in which it is to be displayed.

o The sign types have been arranged in alphabetical order to assist the reader as they navigate through the document.

o The number of definitions have been increased and/or modified to provide clarity. o Waterway has now been included in the definition of a public place to address

concerns regarding how they are used. o Words and terms used throughout are consistent and also align with other local

laws and state acts. • The assessment criteria for signs which require a licence have remained similar to those

currently in place with some minor exceptions, for example; o The assessment criteria for a third party sign has been amended to remove some

ambiguity and the distance between third party signs has been reduced from 1km to 500m to accommodate changes in policy position by the state and local government regarding the use of third party signs for revenue purposes. It will also assist business by providing more opportunities for the appropriate placement of third party signs within the city.

o The current SLL prescribes, for all signs, that the advertisement may be worded in any language provided that there is a minimum proportion of 80% of the area of the wording and the size of the characters that are in the English language on any


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face . The new SLL provides for a greater percentage (up to 80%) of non-English content which may be displayed if the sign is within a recognised themed precinct (e.g. China Town).

o An exemption now includes the placement of a third party sign in a public place if the use and display of the sign has been authorised by the prior written approval of the local government, e.g. the local government may issue a licence or a lease to a person to use an advertising device in a park to display advertising for a particular event and/or where the associated revenues are allocated to the City’s Commonwealth Games funding obligations.

o Signs that are visible from state controlled roads no longer automatically trigger the requirement for a licence. Only signs that are visible from a declared motorway automatically trigger the requirement for an application to licence an advertising device.

o The total area of a sign or signs in a zone is prescribed however, when calculating the total area, some sign types are no longer included in the calculation. This ensures, for example, real estate signs, footpath signs and trade works signs remain exempt from requiring a licence irrespective of the total area of signs on the premises. Please note that the impact of all signs on the amenity of the area will be considered during an assessment.

o Awning fascia signs must not encroach within 500mm of the vertical face of the kerb. This now aligns with the requirements for road side dining standards.

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CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Robbins seconded Cr La Castra That the Committee move into Closed Session pursuant to Section 275(1) of the Local Government Regulation 2012 for the consideration of the following item for the reasons shown:-

Item Subject Reason

10 Proposal to Rename Park at 47-49 Riverstone Crossing Maudsland

Prejudicial Matter

11 Strategic Land Acquisition – Pimpama Prejudicial Matter

CARRIED

PROCEDURAL MOTION moved Cr Tozer seconded Cr Grew That the Committee move into Open Session.

CARRIED

Following resumption into Open Session Items 10 and 11 were moved and carried as shown on the following pages

711th Council Meeting 29 January 2016 434 Community And Cultural Development Committee Meeting 27 January 2016 Adopted Report ITEM 10 PARKS & RECREATIONAL SERVICES PROPOSAL TO RENAME PARK AT 47-49 RIVERSTONE CROSSING MAUDSLAND PN319739/16(P1) REPORT CONFIDENTIAL COMMITTEE RECOMMENDATION CC16.01.27.010 moved Cr La Castra seconded Cr Grew 1 That the report/attachment be deemed a confidential document and be treated as

such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That the proposed naming complies with Naming of Parks and Community Facilities Policy subject to item 5 below.

3 That Council support the proposal to rename the park at 47-49 Riverstone Crossing Maudsland.

4 That, after the 21 day consultation period, the Director of Community Services be authorised to give final approval of the naming should community consultation be favourable. At this time the named community bike and walking track in Studio Park Oxenford would be surrendered, recognising the proposed new naming at Maudsland and therefore avoiding the duplication of place names in use.

5 That the cost for park signage (estimated cost $3891) will be met from Local Areas Work Program, Division 2 Minor Works.

CARRIED

ITEM 11 COMMUNITY SERVICES STRATEGIC LAND ACQUISITION – PIMPAMA PN183190/16 REPORT CONFIDENTIAL COMMITTEE RECOMMENDATION CC16.0127.011 moved Cr Tozer seconded Cr Robbins 1 That the report/attachment be deemed a confidential document and be treated as

such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 The three properties identified in this report be approved for purchase subject to the asking price being supported by an independent valuation and subject to funding being available in the Recreation Separate Charge reserve.

CARRIED


ITEM 12 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.012 moved Cr La Castra seconded Cr Grew That an allocation of $700 be provided from 2015-16 Division 8 Local Area Works budget, to purchase artwork, to commemorate the 2018 Commonwealth Games, to be displayed in the new indoor sports stadium at Carrara, when completed. In the interim the artwork will be located in the Division 8 office. CARRIED ITEM 13 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.013 moved Cr Grew seconded Cr Gilmore That an allocation of $7,000 be provided from 2015-16 Division 8 Local Area Works budget and be provided towards the renovation of dressing shed toilets to support soccer at Nerang Soccer Club. CARRIED ITEM 14 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.014 moved Cr Robbins seconded Cr La Castra That an amount of $36,000 be allocated from Division 14 Local Area Works for the construction of a shade structure over the existing children’s playground adjacent to the Currumbin RSL. CARRIED


ITEM 15 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.015 moved Cr Robbins seconded Cr La Castra That an amount up to $8,000 be allocated from Division 14 Local Area Works for a Burleigh suite table setting to be placed at Point Danger adjacent to Café Dbar. CARRIED ITEM 16 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.016 moved Cr Grew seconded Cr Gilmore That an amount of $15,000 be allocated from Division 11 Local Area Works towards the construction of a timber deck at a cost of $30,000 to support soccer spectators and volunteers at Robina City Soccer Club, Robina Common. CARRIED ITEM 17 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.017 moved Cr Grew seconded Cr Gilmore That an amount of $15,000 be allocated from Division 11 Local Area Works as a contribution towards the installation of a white picket boundary fence at Bill Pippen Oval, Robina at an estimated total cost of $50,000. CARRIED ITEM 18 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.018 moved Cr Gilmore seconded Cr Grew That $14,500 be allocated from the 2015-16 Division 5 Local Area Works Budget to the Nerang Country Paradise Association Inc., for the completion of the kitchen and coffee shop project at Nerang Country Paradise Parklands, to better facilitate the catering for events. CARRIED


ITEM 19 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.019 moved Cr Gilmore seconded Cr Grew That on public interest grounds, an allocation of $10,000 be provided from 2015-16 Division 5 Local Area Works towards the project cost of relocating the Vietnam Veterans’ Association of Coolangatta Memorial from its current location at Kirra Sports Club to the Nerang RSL site. CARRIED ITEM 20 GENERAL BUSINESS 2015-2016 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.020 moved Cr Gilmore seconded Cr La Castra That in the public interest, as a one off donation, $400 be provided to The Surfboard Group Australia Ltd from the Division 5 Local Area Works budget, for the provision and installation of plaques as part of the Skate2Clean Community Challenge. Division 5 Skate Parks are participating in this project with the aim of skaters being responsible for picking up their rubbish whilst enjoying the skate park facilities. CARRIED ITEM 21 GENERAL BUSINESS EXTENSION OF GREEN BIN / FN334/375/02(P35) COMMITTEE RECOMMENDATION CC16.0127.021 moved Cr Tozer seconded Cr Robbins 1 That Council extend the current “green bin/supersize” recycle bin promotion

until 30 June 2016; or until a further 3,000 green bins are added. 2 That Council notes that the current 5 day delivery is currently experiencing

delays due to the popularity of the programme. CARRIED


These Pages

Numbered 1 to 463

Constitute The Adopted Report Of The Meeting

Of The Community and Cultural Development Committee

Held Wednesday, 27 January 2016

for the community and cultural development committee meeting · 1/27/2016 · council meeting 29...

Documents