for the community services committee meeting€¦ · 24/8/2016 · 2016 proposed agenda items for...

722 Adopted Report

for the

Community Services Committee Meeting

held on

Wednesday 24 August 2016 at

2pm

City of Gold Coast Council Chambers 135 Bundall Road Surfers Paradise

722nd Council Meeting 6 September 2016 2 Community Services Committee Meeting 24 August 2016 Adopted Report

Index Adopted Report

Community Services Committee Meeting Wednesday, 24 August 2016

Item Direct. File Page Subject

1 CS CM787/789/03/01/02(P1) 4 2016 Proposed Agenda Items For The Community Services Committee

2 CS FN334/375/02(P41) 7 2016-17 Local Area Works Program - Additions And Community Facility Contributions

3 CS FN334/318/23/07(P1) 13 New And Amended Fees For Major Sports And Aquatics For 2016-17

4 CS LG222/365/09/02/01(P1) 17 Making Of Parks And Reserves (Amendment) Subordinate Local Law (No 1) 2016 - Final Step

General Business

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

722nd Council Meeting 6 September 2016 3 Community Services Committee Meeting 24 August 2016 Adopted Report ADOPTED BY COUNCIL 6 SEPTEMBER 2016 RESOLUTION G16.0906.008 moved Cr La Castra seconded Cr Gates That the Report of the Community Services Committee’s Recommendations of Wednesday 24 August 2016, numbered CS16.0824.001 to CS16.0824.004, be adopted.

CARRIED UNANIMOUSLY ATTENDANCE Cr PC Young (Chairperson) Cr G Baildon AM Cr K Boulton Cr C Caldwell Cr D McDonald Cr G Tozer Visitors Cr W Owen-Jones Ms A Ewens Director Community Services APOLOGY PROCEDURAL MOTION moved Cr Tozer seconded Cr Caldwell That the apology of Cr La Castra be received.

CARRIED PRESENTATIONS Nil

722nd Council Meeting 6 September 2016 4 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 1 COMMUNITY SERVICES 2016 PROPOSED AGENDA ITEMS FOR THE COMMUNITY SERVICES COMMITTEE LG115/1327/01/2016(P1)

2016

ITEM BRANCH ACTION/ PREVIOUS RESOLUTION Community & Cultural Development Committee – All Meetings 2016 Proposed Agenda Items for the Community & Cultural Development Committee Director’s Office Standing Item.

2015-16 Local Area Works Program - Additions Community Services Transport & Local Area Works Report to every meeting round.

722 Council Meeting – 6 Sept Community Services Committee – 24 Aug New & Amended Fees for Major Sports and Aquatics for 2016-17

Community Venues & Services Changes to Fees & Charges

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

Final step in Council’s law making process to “make” the law.

723 Council Meeting – 15 Sept Community Services Committee – 8 Sept Make Administration (Amendment) Local Law (No. 1) 2016 - Amends LL3

Health Regulatory & Lifeguard Services

Final step in Council’s law making process to “make” the law.

Aquatic Permits Parks & Recreational Services Sports Field Lighting Parks & Recreational Services Proposal to name soccer field 1 at Glennon Park, Nerang

Parks & Recreational Services

Make Subordinate Local Law No. 16.8 (Advertising Devices) 2016

Health Regulatory & Lifeguard Services

Final step in Council’s law making process to “made” the law.

Petitions Regarding the Use of Exotic Animals in Circuses Approved Within the City

Health Regulatory & Lifeguard Services Response to resolution 16.0129.026

722nd Council Meeting 6 September 2016 5 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 1 (Continued) 2016 PROPOSED AGENDA ITEMS FOR THE COMMUNITY SERVICES COMMITTEE LG115/1327/01/2016(P1)

RECESS

724 Council Meeting – 18 Oct Community Services Committee – 6 Oct

City Libraries Christmas Hours City Libraries Christmas/New Year closing hours (2016-17)

Regatta Waters Lakes Master Plan Parks & Recreational Services Brought to Council as agreed at Council meeting 716 (Item 1)

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

First step by Council in the law making process.

725 Council Meeting – 31 Oct Community Services Committee – 20 Oct Propose to make Animal Management (Amendment) Local Law (No 1) 2016 – Amends LL12 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.

Management of Gold Coast Hockey Centre Parks & Recreational Services No previous resolution 727 Council Meeting – 29 November Community Services Committee – 17 November Propose to make Local Law No 20 (Waste Management) 2016 Health Regulatory & Lifeguard

Services

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

722nd Council Meeting 6 September 2016 6 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 1 (Continued) COMMUNITY SERVICES 2016 PROPOSED AGENDA ITEMS FOR THE COMMUNITY SERVICES COMMITTEE LG115/1327/01/2016(P1) 728 Council Meeting – 7 Dec Community Services Committee – 1 Dec

Helensvale Golf Club Parks & Recreation Services

That the next report on the performance of Jigsaw Community Services Ltd for the Helensvale Community Golf Club lease be considered by December 2016.

RECOMMENDATION It is recommended that Council resolves as follows: That the 2016 Proposed Agenda Items for The Community Services Committee be noted. Authorised by: Alison Ewens TRACKS REF: #57360369 Director Community Services COMMITTEE RECOMMENDATION CS16.0824.001 moved Cr Tozer seconded Cr Caldwell That the 2016 Proposed Agenda Items for The Community Services Committee be noted.

CARRIED

722nd Council Meeting 6 September 2016 7 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 2 COMMUNITY SERVICES 2016-17 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P41) 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 2016-17 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 2016-17 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 GOLD COAST 2018 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 2016-17 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.

722nd Council Meeting 6 September 2016 8 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 2 (Continued) 2016-17 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P41) 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 K Boulton Division 4 Councillor Cr Peter Young Division 5 Councillor Cr P Taylor Division 10 Councillor Cr Pauline Young Division 12 Councillor Cr D McDonald Division 13 Councillor

722nd Council Meeting 6 September 2016 9 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 2 (Continued) 2016-17 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P41) Name and Title of the Stakeholder Consulted



R Hatton, Parks Development Officer

Community Services Yes

G Ellis, Program Coordinator City Infrastructure Yes J McIlveen, Parks Development Officer


P Haselam, Leading Hand Horticulturist


B McNally, Recreational Services Officer


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 2016-17 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 Alison Ewens Program Coordinator Project Management Unit Director Community Services 10 August 2016 Tracks Ref: # 57325247

722nd Council Meeting 6 September 2016 10 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 2 (Continued) 2016-17 LOCAL AREA WORKS PROGRAM – ADDITIONS AND COMMUNITY FACILITY CONTRIBUTIONS FN334/375/02(P41) COMMITTEE RECOMMENDATION CS16.0824.002 moved Cr PC Young seconded Cr McDonald 1 That the additions listed in Attachment 1 be approved for the 2016-17 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 Line

# 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 $

Estimate

Useful Life

Years

Future

Renewal Costs

1 R. Hatton (CR265881) 4 TBA Broad Street, Labrador

Installation of a single Urban Shelter and 1 x picnic setting within Dux Oval.

34,000 2,720 15 34,000

2 G. Ellis (CR268574) 5 26374

Various community organisations occupying Council leasehold land – Division 5

Increase the allocation for project #26374 Division 5 Community Facility Contributions Program 2016-17 by $20,000 from $100,000 to $120,000 to cater for future projects across the division.

20,000 N/A N/A N/A

3 J. McIlveen (CR267568) 12 TBA Grebe Place, Burleigh

Waters Installation of five (5) fitness stations within Coronet Park. 50,000 2,200 10 50,000

5 G. Ellis (CR268844) 13 26368

Various Community Organisations – Division 13

Increase the allocation for project #26368 by $20,000 from $105,000 to $125,000 Division 13 Concerts and Functions Program 2016-17 to cater for future events across the division.

20,000 N/A N/A N/A

Sub Total 11,910 Cumulative

Total 18,102

• 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 2016-17 financial year as at the date of this report.


ATTACHMENT 2

COMMUNITY SERVICES – COMMUNITY FACILITY CONTRIBUTIONS Line

# Reviewing Officer and

CR#

Div Project

Number

Organisation

Eligibility status

Purpose of

Contribution

Amount

Merit of contribution

1 B. McNally

(CR268932) 10 26378 PCYC Inc. (Gold Coast Branch) Eligible

Towards the maintenance of the playground within the PCY’s leased facilities in Broadbeach Waters.

827 This contribution complements the lessees ongoing maintenance and upkeep of the Gold Coast PCYC facilities.

2 N. Griffiths

(CR268619) 12 26380 Burleigh Heads Tennis Club Eligible

Towards the construction of a 5th Tennis court with lights.

20,000 The Club is over capacity and requires additional playing spaces.

722nd Council Meeting 6 September 2016 13 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 3 COMMUNITY VENUES & SERVICES NEW AND AMENDED FEES FOR MAJOR SPORTS AND AQUATICS FOR 2016-17 FINANCIAL YEAR FN334/318/23/07 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to present new and amended fees and venue name changes for Major Sports and Aquatics for 2016-17. 4 PREVIOUS RESOLUTIONS Ex minute G16.0624.002 refers: “Council adopt the Budget for the financial year 2016-17…” 5 DISCUSSION Council adopted the 2016-17 Register of Fees and Charges on 24 June 2016. The following amendments are proposed for Major Sporting Venues and Aquatic Centres. While there are some new fees, the changes are considered to be minor and administrative in nature. Major Sporting Venues Proposed New Fees Description Description 2 Proposed

Fee Carrara Sports and Leisure Centre Office Space Hire Long Term POA Carrara Indoor Stadium Office Space Hire Long Term POA Runaway Bay Indoor Stadium Office Space Hire Long Term POA Proposed Changed Fees – Carrara Sports and Leisure Centre Description Description 2 Approved Fee

16-17 Proposed Fee

Reason for Change

Room hire small meeting

Commercial $60.00 $65.00 Administrative Error

Room hire small meeting

Non Commercial

$85.00 $40.00 Administrative Error

Room hire large meeting

Commercial $40.00 $85.00 Administrative Error

Room hire large meeting

Non Commercial

$65.00 $60.00 Administrative Error

722nd Council Meeting 6 September 2016 14 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 3 (Continued) NEW AND AMENDED FEES FOR MAJOR SPORTS AND AQUATICS FOR 2016-17 FINANCIAL YEAR FN334/318/23/07 Proposed Deletion of Fees – Carrara Sports Complex Description Description 2 Approved Fee 16-17 Reason for Deletion Sports Lighting Per field $20.00 Duplication – already

included as Lighting Sports Field

Proposed Deletion of Fees – Carrara Sports and Leisure Centre Description Description 2 Approved Fee 16-17 Reason for Deletion Change Rooms/Specialty Rooms

Room Hire $60.00 Duplication – already included as separate fees for Change Rooms

Proposed Description Change – Carrara Sports and Leisure Centre Current Description Amended

Description Air Conditioning in Hall 1

Air Conditioning in Hall 1 and Hall 2

Proposed Description Change – Carrara Indoor Stadium Current Description Current Description

2 Amended Description 2

Conditions

Support Facilities /Ancillary Charges

Commercial (6pm to midnight)

Function Area Foyer Non Commercial

Per hour

Support Facilities /Ancillary Charges

Dressing Rooms Function Area Foyer Non Commercial

Each per day

Venue Name Changes Previous Name New name Carrara Sports Complex Gold Coast Sports Precinct Carrara Sports and Leisure Centre Gold Coast Sports and Leisure Centre Swimming Pools General Proposed New Fees – Gold Coast Aquatic Centre Description Description 2 Proposed

Fee In Body Scan First Scan for New member No

charge In Body Scan Subsequent scan for member $20.00 In Body Scan Non member $40.00 Restoration Bonds Major Events – Hire of Whole Stadium POA School Swimming School Swimming Package POA International Teams International Teams Package POA

722nd Council Meeting 6 September 2016 15 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 3 (Continued) NEW AND AMENDED FEES FOR MAJOR SPORTS AND AQUATICS FOR 2016-17 FINANCIAL YEAR FN334/318/23/07 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Supporting the delivery of Gold Coast 2020 B We manage the City responsibly Our Stewardship of the City provides value for money to ratepayers 7 GOLD COAST 2018 COMMONWEALTH GAMES™ IMPACT As these are considered minor administrative changes, no Commonwealth Games impacts have been identified. 8 FUNDING AND RESOURCING REQUIREMENTS Not applicable. 9 RISK MANAGEMENT Not applicable. 10 STATUTORY MATTERS The Local Government Act 2009 requires Council to maintain a Register of Fees and Charges. 11 COUNCIL POLICIES Not applicable. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted



Julie Brooks – Executive Coordinator Directorate Finances

Office of the CEO Yes

Richard Pascoe – Manager Community Venues & Services


722nd Council Meeting 6 September 2016 16 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 3 (Continued) NEW AND AMENDED FEES FOR MAJOR SPORTS AND AQUATICS FOR 2016-17 FINANCIAL YEAR FN334/318/23/07 14 STAKEHOLDER IMPACTS It is considered that the new and amended fees will provide a greater range of options and increased flexibility for customers of Major Venues and Aquatics. 15 TIMING The recommendations will take immediate effect. 16 CONCLUSION The report puts forward proposed amendments to fees and charges for Major Sporting Venues and Aquatic Centres which are considered to be minor and largely administrative in nature. 17 RECOMMENDATION It is recommended that Council resolves as follows: That the Register of Fees and Charges 2016-17 be amended to incorporate the changes for Major Venues and Aquatic Centres identified in the report.

Author: Authorised by: Michael Brock Alison Ewens Coordinator Aquatic Centres Director Community Services 1 August 2016 TRACKS REF: 57148863 COMMITTEE RECOMMENDATION CS16.0824.003 moved Cr Tozer seconded Cr Caldwell That the Register of Fees and Charges 2016-17 be amended to incorporate the changes for Major Venues and Aquatic Centres identified in the report.

CARRIED

722nd Council Meeting 6 September 2016 17 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 Refer 62 page attachments Attachment 1: Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016

Attachment 2: Subordinate Local Law No 9.1 (Parks and Reserves) 2008 – Consolidated version

Attachment 3: Public Interest Test Report

Attachment 4: Anti-competitive provisions list 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is two fold:

1 for Council to resolve to implement the recommendations of a public interest test report about the proposed law; and

2 to complete the subordinate local law making process by resolving to make the proposed subordinate local law with amendments.

4 PREVIOUS RESOLUTIONS Ex Minute G16.0624.014 That Council resolves to propose to make Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016 (‘proposed Subordinate Local Law’) per Attachment A and with the amendment that Schedule 1A of Attachment A is replaced with new Schedule 1A (as now attached as Attachment F).

5 DISCUSSION 5.1 Introduction The making of the proposed Subordinate Local Law has been progressing in accordance with the requirements of the Local Government Act 2009 and the subordinate local law making process previously adopted by Council resolution GA16.0303.019 (Council’s adopted process). The purpose and general effect of the proposed subordinate local law is to: Commercial fitness activity criteria: 1 Reduce the separation distance to playgrounds, amenity buildings, picnic shelters,

memorials, and park benches from 20m to 5m (section 15(1)(a)(ii)).

722nd Council Meeting 6 September 2016 18 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01

This reduction is unlikely to increase amenity and safety issues associated with these facilities. Moreover, it caters for fitness activity groups such as mothers’ groups with children playing in the playground next to their class or groups with obese or elderly persons who may need to take a seat on a park bench during the class. This amendment does not allow the use of such facilities for the fitness activity. Any issues with inappropriate behaviour or conduct likely to interfere with the ordinary use and enjoyment of the park by other persons is adequately regulated by section 15(1)(b).

2 Reduce the separation distance to other commercial fitness activities, other park users already stationary or settled in a park, areas set aside by Council for a group and groups with exclusive use permits from 50m to 15m (section 15(1)(a)(iii)).

This reduction is unlikely to increase amenity or safety issues associated with these groups. Further, it provides a greater number of areas and parks available for fitness activities and some certainty for the operators that they will be able to find an area within the park to accommodate their customers. In some parks the distances can exclude use of the park entirely on high-use days, but permit it on other days. This makes it difficult for operators to book classes and clients as they may need to find an alternative park at short notice, which may not be available. Any issues with inappropriate behaviour or conduct likely to interfere with the ordinary use and enjoyment of the park by other persons is adequately regulated by section 15(1)(b).

3 Remove the separation distance of 50m from a noise sensitive place (e.g. residence) between 5:30am and 7:00pm (section 15(1)(a)(iv)).

The current distance of 100m between 7:00pm and 5:30am remains. The removal of the 50m criterion allows many parks to be available for fitness activities that may not cause an impact on sensitive land uses, particularly as the operators are not permitted to use amplified devices (section 15(1)(b)). Further to this, if a particular activity is being conducted that does create a nuisance, the park can be declared an ‘excluded park’ for all or part of certain or all days.

4 Clarify the definition of “large load bearing equipment” particularly the size of dumbbells that are prohibited (section 15(1)(b)(iv)).

5 Clarify that a rope or punching bag etc., can be hung from equipment designed specifically for that purpose (section 15(1)(b)(v)).

6 Limit the use of other load bearing equipment such as heavy ropes (15kg plus) and dumbbells (less than 20kg), etc., so as to protect the turf from impact (section 15(1)(b)(ix)).

7 Change the specific criterion regarding size of permit number on the ‘A’-frame sign to allow the operator to display the permit number sticker Council provides (section 15(1)(c)(i)).

8 Clarify the requirement to hold a ‘Working with Children’ notice applies to only those operators who meet the requirements of the Working with Children (Risk Management and Screening) Act 2000 (section 15(1)(c)(ii) & (d)(iv)).

9 Provide for three (3) additional fitness activity sessions (total of six (6) sessions) where the activity involves personal training, i.e. two (2) or less clients but limit each session to one (1) hour compared to group training of three (3) or more clients which can run three (3) sessions of up to 90 minutes (section 15(1)(d)(i)&(ii)).

722nd Council Meeting 6 September 2016 19 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01

This change is more in keeping with how fitness activities are conducted as the personal training sessions are typically shorter in time period, however, more sessions provides some equity to the longer group training sessions.

10 Reduce the group size for fitness activities involving more intensive and louder activities such as boot camps, boxing, circuit and resistance training from 30 people to 18 people (section 15(1)(e)).

The reduction in group size is more in keeping with recommended class sizes within the industry and is associated with only those activities that have a potential greater impact. This change conversely increases the group size for fitness activities involving less intensive activities such as running groups, yoga, thai chi and pilates from 30 people to an unlimited size (section 15(1)(e)). The impacts that these larger groups may have are adequately addressed by other criteria.

Other amendments Other amendments not directly related to the commercial fitness activities include the following: 1 Deletion of the definition of ‘aircraft operations’ as this is already defined within the

local law.

2 Minor amendments are also required to be made to correct minor typographical errors and numbering.

The process so far undertaken has included consultation and undertaking public interest testing (PIT) of the proposed subordinate local law and any possible anti-competitive provisions. Consultation and PIT results follows. 5.2 Results of Consultation with the Community Consultation with key stakeholders included emailing key stakeholders including: all commercial fitness providers who had made application for a permit; fitness activity industry groups; and the Chambers of Commerce operating within the Gold Coast. The email, sent Wednesday 06 July 2016, provided details of the proposal via Council’s ‘Have Your Say’ website and invited submissions from Friday 8 July to Thursday 28 July 2016 (the ‘consultation period’). Public consultation included the placing of an advertisement in the Gold Coast and Tweed/Southern Suns on Wednesday 6 and Thursday 7 July 2016. The notice invited the public to make submissions and directed them to Council’s ‘Have Your Say’ website for further information and additional submission options. As part of the subordinate local law making process, Council must accept and consider every properly made submission. Council received four (4) submissions for the proposed subordinate local law. The participation rate by the public on the “gchaveyoursay” site included 156 page visits with 132 actions (document download and submission) and three (3) submissions. One (1) submission was received via email.

722nd Council Meeting 6 September 2016 20 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 Results of Consultation

Full details of submissions received and staff comments are at Annexure B of Attachment 3 of this report. No submissions about the proposed subordinate local law were received for matters other than fitness trainers. Five (5) main points arising from the submissions are discussed as follows: Submission (Point 1) – Request to increase class size for boot camps from 18 to 25 or 30 Response – No amendment recommended. The draft laws previously presented to Council limits the class size for fitness activities involving intensive and loud activities such as boot camps, boxing, circuit and resistance training to 18 people but does not limit the group size for less intensive activities such as running groups, yoga, thai chi and pilates (section 15(1)(e)). The limitation in group size for the more intensive activities is in keeping with industry recommendations and to protect park and neighbourhood amenity from the greater impact these activities can create. The impacts from the less intensive activities are adequately addressed by other criteria within the subordinate local law. Submission (Point 2) – Request to include requirements for trainers to hold appropriate qualifications in the law. Response – No amendment recommended. The draft laws previously presented to Council provide that current First Aid, Blue Card (working with children) and public liability insurance are required. Staff also considered requiring fitness industry qualifications and did not pursue this course of action for the following reasons: • The primary policy objective was to reduce negative impacts on park users, park

neighbours and the park environment and amenity.

• Commercial fitness trainers engage in a wide range of human movement disciplines with each discipline potentially having a wide range of qualification types and from different training organisations and countries.

• There is no industry standard that currently sets minimum qualifications across all genres of fitness training.

• The City is not well placed to make determinations on the suitability of qualifications.

• The requirement for public liability insurance reduces the risk to the City and trainers activities would presumably/generally be subject to some form of risk assessment by insurers.

• Requirements for certain qualifications would be an anti-competitive barrier to market entry.

Submission (Point 3) – Request to include requirements for trainers to be accredited with a national industry association in the law. Response - No amendment recommended. As per Point 2, also: • Whilst accreditation with a relevant industry association would typically be ample

evidence of an applicant’s qualification or experience it is not intended to regulate the industry so as to achieve broader industry regulation objectives of some stakeholders.

722nd Council Meeting 6 September 2016 21 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 • The State and Federal governments have not considered it necessary to regulate this

industry.

• The requirement for accreditation would be difficult to administer as fitness trainers (as defined in the law) cover a broad range of disparate activities and disciplines that are not all covered by industry accreditation bodies.

• Requiring industry accreditation typically attracts annual accreditation fees with costs passed on to consumers and would be an anti-competitive barrier to entry to the market.

Submission (Point 4) – Request that Wallace Nicoll Park be an excluded park for commercial fitness activities. Response - No amendment recommended. As the draft laws did not propose exclusion of this park, key stakeholders and the general public have not been consulted about its exclusion. The request is based on commercial fitness activities taking up picnic shelters and parking. The current requirements in the subordinate local law do not allow commercial fitness activities to use picnic shelters, tables or other seating. The points raised that breach the subordinate local law will be monitored closely by Council’s City Law Officers with appropriate enforcement ensuing. Should the amenity of Wallace Nicoll Park for the general public continue to be affected, Council’s Health Regulatory and Lifeguard Services Branch can install and enforce appropriate signage, pursuant to Sections 7 and 10 Local Law No.9 (Parks and Reserves) 2008, to limit or remove commercial fitness activities from the park until a subsequent amendment to the ‘Excluded Parks Register’ contained in the subordinate local law can be enacted. Submission (Point 5) – Support for the amendments, considering them fair and just. Response - No amendment recommended. 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. In accordance with that procedure, Council has undertaken public-interest tests of the anti-competitive provisions that were identified. A Public Interest Test (PIT) Plan was prepared and made available for inspection and download from Council’s website during the consultation period. Following community consultation, the PIT Report at Attachment 3 was prepared for the PIT Plan. The PIT Report recommends that the anti-competitive provisions that have been identified in the proposed subordinate local law be retained in either the same, or substantially the same, form as advertised because: a The benefit of the anti-competitive provisions to the community as a whole outweighs

the cost.

b The most appropriate way of achieving the objectives of the proposed subordinate local law is by the anti-competitive provisions.

722nd Council Meeting 6 September 2016 22 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 The procedure for reviewing anti-competitive provisions provides that Council is required to record that the subordinate local law contains anti-competitive provisions. In compliance with that requirement, a list of all of the anti-competitive provisions in the current review is at Attachment 4. 5.5 Amendments Following the conclusion of consultation with the community, officers identified and made further amendments which were considered necessary to ensure clarity and consistency of the subordinate local law. The amendments do not change the overall effect of any of the relevant provisions. The following amendments have been made in Attachments 1 and reflected in the consolidated versions (Attachments 2): • New Section 6 Amendment of s14 (Assessment criteria for a permitted business)

o Omit section 14(l) and (m) • Amend Section 9 Amendment of sch 2 (Dictionary)

o Remove subsections (3) to (5) Retention of advertisements within the definition of permitted business allows for this type of business to operate within a park or reserve. This criteria for issuing an approval (permit or licence) has been included into the proposed Subordinate Local Law No.16.8 (Advertising Devices) 2016 and will be issued under Local Law No 16 (Licensing) 2008 for consistency.

5.6 Next Steps in the Subordinate Local Law Making Process In accordance with Council’s subordinate local law making process Council may now resolve to make the proposed subordinate local law with minor amendments. It should be noted that any decision by Council at this late stage to change a provision of the proposed subordinate local law may, depending upon the significance of the change, require further public consultation, which would delay completion of the subordinate local law making process. The proposed minor amendments do not require further consultation however any major amendments would require further consultation. Once Council resolves to make the proposed subordinate local law, the public must be informed that the law has been made by publishing a notice of the making of the laws in accordance with the requirements of Section 29B of the LG Act. The notice must be published:- a In the gazette; and

b On Council’s website. Within fourteen (14) days after the notice is published in the gazette, Council must give the Minister:- a A copy of the gazette notice; and

b A copy of the law; and

722nd Council Meeting 6 September 2016 23 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 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 subordinate local law complies with this requirement. 5.7 Consolidated Version of 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. Attachment 2 to this report is the consolidated version of the subordinate local law which is to be adopted. 6 ALIGNMENT TO CORPORATE PLAN, OPERATIONAL PLAN The amendments to the subordinate local law support Gold Coast 2020 objectives:

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

We enjoy our city and its enviable climate. 7 GOLD COAST 2018 COMMONWEALTH GAMES™ IMPACT Not Applicable 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Nil Costs for Capital Works and Service Proposals Nil People and Culture Nil 9 RISK MANAGEMENT Issue Risk Potential claim against the City for commercial fitness provider related

injury sustained in parks and reserves Proposal Impact

A check that public liability insurance is held by fitness providers with the City noted as an interested party, is a component of the permit assessment and renewal process.

Issue Risk Negative park amenity, safety and service standard impacts for other park users and neighbours from the unregulated activities of fitness providers

Proposal Impact

The subordinate local law amendments will reduce negative impacts from fitness provider activities.

722nd Council Meeting 6 September 2016 24 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (Continued) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 Issue Risk Over regulation of park usage resulting in decreased utilisation of parks

for appropriate purposes Proposal Impact

The subordinate local law amendments impose minimal regulatory burdens on fitness providers and opens up opportunity for a broader range of commercial activities previously prevented, to further activate parks and reserves.

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

• Park Usage Policy - Temporary Commercial Recreation Activities on Council Park

• Park Usage Policy – Temporary Use of Parks by Individuals/Groups or Community Organisations

• Community Consultation Policy

12 DELEGATIONS Officers hold delegations with respect to local laws. 13 COORDINATION & CONSULTATION

Name and/or Title of the Stakeholder Consulted


Is the stakeholder satisfied with content of report and

recommendations? Warwick Sinclair Manager Corporate Communications

Office of the CEO Yes

Grant Wilson Executive Coordinator Legal Services

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 public and stakeholder consultation and public interest testing of anti-competitive provisions. 15 TIMING If Council now resolves to make the proposed subordinate local law with amendments, as recommended, the amended laws will come into effect by the end of September 2016.

722nd Council Meeting 6 September 2016 25 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (CONTINUED) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 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; and complete the subordinate local law making process by resolving to make the proposed subordinate local law with amendments. The subordinate local law strikes an appropriate balance between encouraging fitness providers to deliver their societally beneficial services to the community and ensuring positive outcomes for other park users, park neighbours and the protection of park infrastructure. All submissions received related to the operation of commercial fitness activities within the parks and included the following main points: • Request to increase class size for boot camps from 18 to 25 or 30 • Request to include requirements for trainers to hold appropriate qualifications in the

law • Request to include requirements for trainers to be accredited with a national industry

association in the law • Request that Wallace Nicoll Park be an excluded park for commercial fitness activities • Support for the amendments, considering them fair and just. Consideration was given to all submissions, however additional amendments directly related to those submissions are not recommended. Additional amendments relating to advertising devices currently permitted in parks and reserves are proposed to ensure clarity and consistency of the subordinate local law with the licensing provisions in proposed Subordinate Local Law No 16.8 (Advertising Devices) 2008. The amendments do not change the overall effect of any of the relevant provisions. Council has previously resolved to make the subordinate local law identified in Attachment 1 and has complied with the required steps, detailed in Council’s subordinate local law making processes, in order for the proposed subordinate local law 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 subordinate local law; make the proposed subordinate local law, with amendments; and adopt a consolidated version of its existing subordinate local law the subject of the review, incorporating all amendments to be made by the proposed subordinate local law. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council resolves to implement the recommendations of the Public Interest Test

Report in Attachment 3 about Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 That in accordance with step five (5) of its subordinate local law making process adopted by Council resolution GA16.0303.019, Council resolves to make Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016, as amended and as detailed at Attachment 1.

722nd Council Meeting 6 September 2016 26 Community Services Committee Meeting 24 August 2016 Adopted Report ITEM 4 (CONTINUED) MAKING OF PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 FILE NO: LG222/365/09/02/01 3 That Council resolves to record that Parks and Reserves (Amendment) Subordinate

Local Law (No. 1) 2016 contains anti-competitive provisions, which are detailed in Attachment 4.

4 In accordance with section 32 of the Local Government Act 2009, Council resolves to adopt a consolidated version of Subordinate Local Law No. 9.1 (Parks and Reserves) 2008, as detailed in Attachment 2.

Author: Authorised by: Wendy Hodges Environmental Health Officer Sam Hughes Acting Coordinator Parks Activation

Alison Ewens Director Community Services

9 August 2016 TRACKS REF: 57062557 COMMITTEE RECOMMENDATION CS16.0824.004 moved Cr Tozer seconded Cr Caldwell 1 That Council resolves to implement the recommendations of the Public Interest

Test Report in Attachment 3 about Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 That in accordance with step five (5) of its subordinate local law making process adopted by Council resolution GA16.0303.019, Council resolves to make Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016, as amended and as detailed at Attachment 1.

3 That Council resolves to record that Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016 contains anti-competitive provisions, which are detailed in Attachment 4.

4 In accordance with section 32 of the Local Government Act 2009, Council resolves to adopt a consolidated version of Subordinate Local Law No. 9.1 (Parks and Reserves) 2008, as detailed in Attachment 2.

CARRIED

There being no further business the meeting closed at 2.04pm.

Council of the City of Gold Coast

Parks and Reserves (Amendment)

Subordinate Local Law (No. 1) 2016

This and the following 11 pages is a certified copy of Parks and Reserves (Amendment) Subordinate 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 ## 2016

_______________________________________________ Dale Dickson

Chief Executive Officer

722nd Council Meeting 6 September 2016 Community Services Committee Meeting 24 August 2016 Item 4 (Continued)

Adopted Report

Attachment 1

Council of the City of Gold Coast Parks and Reserves (Amendment) Subordinate 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 Subordinate Local Law No. 9.1 (Parks and Reserves) 2008 1

4 Subordinate local law amended ................................................................................ 1

5 Insertion of new s10A ................................................................................................ 1

6 Amendment of s14 (Assessment criteria for a permitted business) .......................... 2

7 Amendment of s15 (Prescribed criteria for a permitted business) ............................ 2

8 Insertion of new sch 1A ............................................................................................. 4

9 Amendment of sch 2 (Dictionary) ............................................................................ 10


Adopted Report

Attachment 1

1 Council of the City of Gold Coast

Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016

Council of the City of Gold Coast Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016

Part 1 Preliminary 1 Short title

This subordinate local law may be cited as Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

2 Object The object of this subordinate local law is to amend Subordinate Local Law No. 9.1 (Parks and Reserves) 2008 to—

(a) designate excluded parks and specify prohibited permitted business for excluded parks; and

(b) prescribe criteria for undertaking the regulated activity of commercial fitness activity.

3 Commencement

This subordinate local law commences upon publication of the notice of the making of Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016 in the gazette.

Part 2 Amendment of Subordinate Local Law No. 9.1 (Parks and Reserves) 2008

4 Subordinate local law amended

This part amends Subordinate Local Law No. 9.1 (Parks and Reserves) 2008.

5 Insertion of new s10A

After section 10 —

insert

‘10A Excluded parks

Schedule 1A specifies

(a) areas of park and reserve which are designated as an excluded park for the purposes of section 15(1)(a) of Local Law No. 9 (Parks and Reserves) 2008; and


Adopted Report

Attachment 1



(b) areas of excluded park where a person is prohibited from carrying on a permitted business or a permitted business of a specified type (a prohibited permitted business) and the times or days during which the prohibition applies for the purposes section 15(1)(b) of Local Law No. 9 (Parks and Reserves) 2008.’.

6 Amendment of s14 (Assessment criteria for a permitted business)

Section 14(l) and (m)

omit.

7 Amendment of s15 (Prescribed criteria for a permitted business) (1) Section 15(1)(a)(ii), ‘20’

omit, insert

‘5’.

(2) Section 15(1)(a)(iii), ‘50’

omit, insert

‘15’.

(3) Section 15(1)(a)(iv)

omit, insert

‘(iv) within 100 metres of a noise sensitive place between 7:00 p.m. and 5:30 a.m. on any day; or’.

(4) Section 15(1)(b)(iv)

omit, insert

‘(iv) for the purposes of the conduct of the activity, use 1 or more tyres, logs, sledgehammers, heavy barbells or dumb-bells (20kg plus), weight training benches, weight training machines, rowing machines or any other large load bearing or large resistance training equipment; or’.

(5) Section 15(1)(b)(v), ‘equipment’

omit, insert

‘a facility’.

(6) Section 15(1)(b)(viii), ‘.’

omit, insert


Adopted Report

Attachment 1



‘; or’.

(7) After section 15(1)(b)(viii)

insert

‘(ix) pull, drag, drop or otherwise cause impact to the ground or a facility by the use of 1 or more barbells, dumb-bells, metal bars, heavy ropes (15kg plus) or similar load bearing equipment.’

(8) Section 15(1)(c)(i)(A)

omit, insert

‘(A) must clearly display the permit holders permit number under Local Law No. 9 (Parks and Reserves) 2008; and’.

(9) Section 15(1)(c)(ii)(C)

omit, insert

‘(C) if the commercial fitness activity includes the carrying on of a regulated business under the Working with Children (Risk Management and Screening) Act 2000a current positive notice under the Working with Children (Risk Management and Screening) Act 2000 for each person carrying on the commercial fitness activity; and’

(10) Section 15(1)(d)(i)

omit, insert

(i) must

(A) if the commercial fitness activity is attended by 3 or more clients or customersnot conduct or assist in the conducting of more than 3 commercial fitness activity training sessions in the same park in 1 day irrespective of the length of each session; and

(B) if the commercial fitness activity is attended by 2 or less clients or customersnot conduct or assist in the conducting of more than 6 commercial fitness activity training sessions in the same park in 1 day irrespective of the length of each session; and’.

(11) Section 15(1)(d)(ii)

omit, insert

‘(ii) must


Adopted Report

Attachment 1



(A) if the commercial fitness activity is attended by 3 or more clients or customersnot conduct a commercial fitness activity training session for a continuous period that exceeds 1 hour and 30 minutes in duration, including the time required to set up and remove any equipment used in carrying out the commercial fitness activity and irrespective of whether the activity comprises separate sessions with different customers; and

(B) if the commercial fitness activity is attended by 2 or less clients or customersnot conduct a commercial fitness activity training session for a continuous period that exceeds 1 hour in duration, including the time required to set up and remove any equipment used in carrying out the commercial fitness activity and irrespective of whether the activity comprises separate sessions with different customers; and’.

(12) Section 15(1)(d)(v)

omit, insert

‘(v) if the commercial fitness activity includes the carrying on of a regulated business under the Working with Children (Risk Management and Screening) Act 2000a current positive notice under the Working with Children (Risk Management and Screening) Act 2000 for each person carrying on the commercial fitness activity; and’.

(13) Section 15(1)(e)

omit, insert

‘(e) If a commercial fitness activity includes boot camp, circuit, resistance or boxing style training, not more than 18 people, including persons responsible for the provision of the activity, may be involved in the activity unless the conditions of a permit provide otherwise.’.

8 Insertion of new sch 1A

After schedule 1—

insert


Adopted Report

Attachment 1



‘Schedule 1A Excluded parks

section 10A

Excluded park No.

Real property description of excluded park

Name of excluded

park

Address of excluded park

Area of the excluded park designated for prohibited

permitted business purposes

Prohibited permitted

business for the designated area of the excluded

park

Times or days during which prohibited

permitted business is prohibited in the

designated area of the excluded park

1 Lot 1 on SP134184

Pratten Park Old Burleigh Road, Broadbeach

The area of the excluded park south from the Kurrawa Surf Life Saving Club to opposite Anne Avenue, Broadbeach

Commercial fitness activity

The prohibited permitted business is prohibited at all times on all days

2 Lot 121 on SP244690

John Laws Park

Goodwin Terrace, Burleigh

The whole of the excluded park



3 Lot 901 on SP260794

Queen Elizabeth Park

Marine Parade, Coolangatta

The area of the excluded park from Warner Street, south to Mcdonald Street (park area opposite Mantra Resort)



4 Lot 803 on SP151347

Parklake Greenway Boulevard, Maudsland





Adopted Report

Attachment 1



Excluded park No.


Name of excluded

park






park




5 Lot 50 on RP48209

Don McSween Park (Lores Bonney Lookout)

Brakes Crescent, Miami




6 Lot 493 on WD6058, lot 356 on WD4580 and lot 355 on WD4580

Mick Schamburg Park

Kelly Avenue, Miami




7 Lot 493 on WD6058

Don McSween Park

Marine Parade, Miami

The whole of the excluded park except for the area of excluded park north of North Burleigh Hill



8 Lot 999 on SP198481

Central Park, Pacific Pines

Hotham Drive, Pacific Pines

The area of the excluded park within 100m of the cricket oval




Adopted Report

Attachment 1



Excluded park No.


Name of excluded

park






park




9 Lot 999 on SP198481





Subject to Item 8, the prohibited permitted business is prohibited before 7 a.m. each Saturday and Sunday

10 Lot 165 on SP229244

Palm Beach Parklands

Gold Coast Highway, Palm Beach




11 Lot 242 on WD4471

Tarrabora Reserve





12 Lot 258 on WD5078

Rockview Public Park

Off Laceys Lane, Palm Beach




13 Lot 1 on SP123098, lot 45 on RP32000,

Andy Frizzell Park

Jefferson Lane, Palm Beach

The area of the excluded park south of Palm Beach Surf Life Saving Club




Adopted Report

Attachment 1



Excluded park No.


Name of excluded

park






park




lot 336 on WD3746 and lot 29 on RP811099

14 Lot 2 on SP266532, including road easement

Ronnie Long Park

Tallebudgera Drive East, off Gold Coast Highway, Palm Beach

The area of the excluded park on the beach side of the Tallebudgera Surf Life Saving Club



15 Lot 12 on SP170654

Broadwater Parklands

Marine Parade, Southport

The area of the excluded park on the southern side of the Aquatic Centre to the timber platform opposite Short Street, Southport



16 Lot 218 on WD807902

Surfers Paradise Esplanade

The Esplanade, Surfers Paradise

The area of the excluded park comprising the Esplanade from Cavill Avenue north to Main Beach Parade




Adopted Report

Attachment 1



Excluded park No.


Name of excluded

park






park




17 Lot 902 on SP154443

Varsity Parade Reserve

Varsity Parade, Varsity Lakes




18 4SP191949 Abraham Park Reserve Road, Upper Coomera




’.


Adopted Report

Attachment 1



9 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition aircraft operations

omit.

(2) Schedule 2, definition permitted business, paragraph (g), ‘still’

omit.

PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO 1) 2016

#52874547v9


Adopted Report

Attachment 1


Subordinate Local Law No. 9.1

(Parks and Reserves) 2008

Consolidated version Reprint No. 3

This and the following 31 pages is a certified copy of the CONSOLIDATED VERSION of Subordinate Local Law No. 9.1 (Parks and Reserves) 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 # 2016

_______________________________________________ Dale Dickson

Chief Executive Officer


Adopted Report

Attachment 2

Council of the City of Gold Coast Subordinate Local Law No. 9.1 (Parks and Reserves) 2008 Contents

Page

Part 1 Preliminary 1

1 Short title .................................................................................................................... 1 2 Authorising local law .................................................................................................. 1

3 Object ........................................................................................................................ 1

4 Definitions—the dictionary ......................................................................................... 1

Part 2 Regulation of parks 1

Division 1 Access to parks 1

5 Access by public ........................................................................................................ 1

6 Designated vehicle .................................................................................................... 1 7 Designated vehicle area ............................................................................................ 1

8 Restricted vehicles..................................................................................................... 2 Division 2 Use of parks 2

9 Lighting fires .............................................................................................................. 2

10 Specified lakes........................................................................................................... 2

10A Excluded parks .......................................................................................................... 3

Part 3 Application of local law to public places 3

11 Public places other than a park ................................................................................. 3

Part 4 Permits 4

12 Requirement for a permit ........................................................................................... 4

13 Application for a permit for a permitted business ...................................................... 4

14 Assessment criteria for a permitted business ............................................................ 5

15 Prescribed criteria for a permitted business .............................................................. 7

16 Term of a permit ...................................................................................................... 12 17 Conditions of a permit .............................................................................................. 12

Schedule 1 Specified Lakes 19

Schedule 1A – Excluded parks 21

Schedule 2 Dictionary 26


Adopted Report

Attachment 2


Subordinate Local Law No. 9.1 (Parks and Reserves) 2008

Council of the City of Gold Coast Subordinate Local Law No. 9.1 (Parks and Reserves) 2008 Part 1 Preliminary 1 Short title

This subordinate local law may be cited as Subordinate Local Law No. 9.1 (Parks and Reserves) 2008.

2 Authorising local law This subordinate local law is made pursuant to Local Law No. 9 (Parks and Reserves) 2008.

3 Object The object of this subordinate local law is to assist in the implementation of Local Law No. 9 (Parks and Reserves) 2008.

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

Part 2 Regulation of parks

Division 1 Access to parks

5 Access by public For the purposes of section 7(1)(a) of Local Law No. 9 (Parks and Reserves) 2008, all parks are to be open to the public for 24 hours every day unless otherwise indicated by a sign exhibited in the park.

6 Designated vehicle For the purposes of section 8(1)(a) of Local Law No. 9 (Parks and Reserves) 2008, a vehicle is a designated vehicle if it is—

(a) a vehicle driven by an authorised person for the purpose of maintenance or enforcement; or

(b) an emergency vehicle.

7 Designated vehicle area (1) For the purposes of section 8(1)(b) of Local Law No. 9 (Parks and Reserves)

2008, a made access road or car park within a park which is identified by a sign exhibited in the park is a designated vehicle area.


Adopted Report

Attachment 2



(2) Notwithstanding subsection (1), a made access road or car park within a park is not a designated vehicle area if a locked gate or other similar structure is placed across the made access road or the entrance to the car park.

8 Restricted vehicles (1) For the purposes of the Schedule (Dictionary) of Local Law No. 9 (Parks and

Reserves) 2008, the following are vehicles—

(a) a skateboard; or

(b) a scooter; or

(c) rollerblades; or

(d) rollerskates.

(2) For the purposes of section 8(1)(c) of Local Law No. 9 (Parks and Reserves) 2008, the following vehicles must not be driven, led, stood, wheeled or parked in a park—

(a) a motorbike; or

(b) a trailer; or

(c) an off-road vehicle; or

(d) a vessel; or

(e) a power assisted cycle; or

(f) a quad bike; or

(g) earthmoving equipment; or

(h) a motorised cart or other similar device.

Division 2 Use of parks

9 Lighting fires For the purposes of section 12(1)(f) of Local Law No. 9 (Parks and Reserves) 2008, an open fire may be lit in a park if the open fire is lit and maintained in accordance with—

(a) a permit granted under the Fire and Rescue Service Act 1990; or

(b) the exercise of a power under the Fire and Rescue Service Act 1990.

10 Specified lakes For the purpose of section 13(3)(c) of Local Law No. 9 (Parks and Reserves)


Adopted Report

Attachment 2



2008, a person must not take water from a lake specified in Schedule 1 (Specified Lakes).

10A Excluded parks Schedule 1A specifies

(a) areas of park and reserve which are designated as an excluded park for the purposes of section 15(1)(a) of Local Law No. 9 (Parks and Reserves) 2008; and

(b) areas of excluded park where a person is prohibited from carrying on a permitted business or a permitted business of a specified type (a prohibited permitted business) and the times or days during which the prohibition applies for the purposes of section 15(1)(b) of Local Law No. 9 (Parks and Reserves) 2008.

Part 3 Application of local law to public places 11 Public places other than a park

(1) For the purposes of section 20(1)(b) of Local Law No. 9 (Parks and Reserves) 2008, the provisions of Part 3 (Regulation of parks) of Local Law No. 9 (Parks and Reserves) 2008 are to apply to a public place—

(a) which is—

(i) a footpath or an unconstructed road; or

(ii) a foreshore which is under the control of the local government; or

(iii) a reserve; or

(iv) premises of which the local government is the owner or occupier; and

(v) premises which are managed or controlled by the local government; and

(b) which is not—

(i) a park; or

(ii) a bathing reserve as defined in Local Law No. 10 (Bathing Reserves) 2004; or

(iii) a road (other than a footpath or an unconstructed road); or

(iv) council property as defined in Local Law No. 7 (Council Property) 2008; or


Adopted Report

Attachment 2



(v) a cemetery or a council cemetery as defined in Local Law No. 13 (Cemeteries) 2008.

(2) This section does not apply to a permitted business which is a commercial fitness activity.

Part 4 Permits 12 Requirement for a permit

For the purposes of section 21(2)(a) of Local Law No. 9 (Parks and Reserves) 2008, a permit is not required in respect of the undertaking of a regulated activity, in a park or a public place which is not a park, which has been authorised by the prior written approval of the local government.

Example—

• The local government may issue a licence or a lease to a person to occupy a premises which is situated within a park.

13 Application for a permit for a permitted business For the purposes of section 22(1)(c)(iv) of Local Law No. 9 (Parks and Reserves) 2008, unless otherwise specified by a local government an application for a permit for a permitted business must, to the extent applicable, be accompanied by—

(a) the name, address, telephone number, facsimile number, email address, applicable qualifications and relevant experience of the person applying for the permit and all persons to be involved in the carrying on of the permitted business; 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 permitted business is to be carried on; and

(c) a copy of the registration certificate of any vehicle and registration details of any vessel used in the permitted business; and

(d) details of the permitted business including—

(i) the nature of the permitted business; and

(ii) the time and places at which the permitted business will be carried out; and

(iii) the proposed hours of operation of the permitted business; and

(iv) all public liability insurance policies relating to the permitted business; and

(v) the proposed term of the permit; and


Adopted Report

Attachment 2



(vi) the impact, if any, on pedestrian or vehicular movements; and

(vii) the numbers and types of sanitary facilities and sanitary conveniences available to be used to service the permitted business; and

(viii) the materials, equipment, vehicles and vessels to be used in the permitted business; and

(ix) the estimated number of car parks required for the operation of the permitted business; and

(x) the estimated maximum number of clients or customers to attend the permitted business at any one time; and

(xi) any requirements for lighting or sound amplification; and

(xii) a schedule of proposed fees and charges for clients or customers; and

(e) for a permitted business other than a commercial fitness activity, a plan or map to scale showing—

(i) the relevant part of the park or reserve that is to be used for the permitted business including the dimensions of the park or reserve that is to be used for the permitted business; and

(ii) the physical proximity between the relevant part of the park or reserve that is to be used for the permitted business and any existing premises used for the permitted business; and

(iii) the number and proposed location of any tables, chairs, shade structures, goods or other equipment to be used in respect of the permitted business; and

(iv) the type and location of any utility, service or infrastructure adjacent to the park or reserve to be used for the permitted business; and

(f) a copy of a current prescribed notice (which is a positive notice) under the Working with Children (Risk Management and Screening) Act 2000 in respect of the person to be carrying on the permitted business; and

(g) a copy of all current public liability insurance policies held by the applicant relating to the operation of the regulated activity; and

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

14 Assessment criteria for a permitted business For the purposes of Schedule (Dictionary) and section 23(1)(g) of Local Law No. 9 (Parks and Reserves) 2008 a permitted business which is not a council endorsed


Adopted Report

Attachment 2



activity must comply with the following assessment criteria—

(a) the matters which are the subject of the conditions specified in section 17 (Conditions of a permit) of this subordinate local law which are relevant to the undertaking of the permitted business can be adequately addressed by the imposition of those conditions; and

(b) the applicant for a permit for a permitted business has complied with any applicable development approval; and

(c) the permitted business promotes health, including physical or mental well-being (excluding a permitted business in paragraphs (a) to (k) of the definition of ‘permitted business’); and

(d) the permitted business is provided in accordance with the local government’s parks and recreation plan; and

(e) the proposed schedule of fees and charges for clients or customers is, in the opinion of the local government, reasonable and ensures that the permitted business is generally accessible to the public; and

(f) the permitted business will be operated on a temporary basis; and

(g) the operation of the permitted business—

(i) will not have an adverse impact on public access to and use of the park or reserve; or

(ii) will provide an economic benefit for the local government area; and

(h) an approval has not been granted by the local government for the operation of a permitted business (excluding a commercial fitness activity) in the park or reserve which is the same as or similar in nature to the proposed activity; and

(i) the applicant for a permit for a permitted business must hold a current prescribed notice (which is a positive notice) under the Working with Children (Risk Management and Screening) Act 2000; and

(j) the permitted business (excluding a commercial fitness activity) will not impact on existing premises so as to cause a loss or diminution in the services or facilities that are available to the community; and

(k) the applicant for a permit for a permitted business must hold a current broadform public liability insurance policy for not less than $10,000,000 which names the local government as an insured party and which is otherwise on those terms and conditions as regulated by the local government from time to time.


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15 Prescribed criteria for a permitted business (1) For the purposes of the Schedule (Dictionary) and section 23(1)(h) of Local Law

No. 9 (Parks and Reserves) 2008, a regulated activity which is a commercial fitness activity must comply with the following prescribed criteria—

(a) the commercial fitness activity must not be carried out—

(i) within—

(A) an off leash dog exercise area; or

(B) a car park; or

(C) a sports playing field or facility (unless with the prior approval of the local government); or

(D) an environmentally sensitive area including bushland, sand dunes, creek or river banks or an area which is undergoing rehabilitation or revegetation; or

(E) a protected area; or

(F) an area which is closed for works, maintenance or any other purpose; or

(G) an area in which the carrying out of the commercial fitness activity is likely to injure, endanger, obstruct, inconvenience or annoy other users of the park or reserve; or

(ii) within 5 metres of—

(A) a playground; or

(B) an amenity building such as a toilet block, shower block or change room; or

(C) a memorial, picnic shelter, park bench or other park furniture (excluding equipment designed and intended to be used solely for fitness training purposes); or

(iii) within 15 metres of—

(A) another commercial fitness activity which is being conducted at the time the commercial fitness activity commences; or

(B) any other users of the park or reserve who are stationary or settled prior to the commencement of the commercial fitness activity; or


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(C) an area set aside by the local government (under an approval, a booking process or otherwise) for a group of people for a birthday party, wedding, corporate event, youth program or other similar event; or

(D) a person using a park or facility pursuant to a permit issued under section 11 (Public use) of Local Law No. 9 (Parks and Reserves) 2008; or

(iv) within 100 metres of a noise sensitive place between 7:00 p.m. and 5:30 a.m. on any day; or

(v) within an area that is predominantly used for pedestrian or vehicle movement including stairways, footpaths, bicycle paths and roads.

(b) A person conducting a commercial fitness activity under a permit and any person taking part in a commercial fitness activity must not—

(i) use a megaphone, sound amplifier, radio, loud speaker, whistle or any other means of amplifying sound; or

(ii) behave in a riotous, disorderly, indecent, offensive, threatening, intimidating, aggressive or insulting manner; or

(iii) engage in conduct which in an authorised person’s opinion interferes or is likely to interfere with the ordinary and reasonable use and enjoyment by another person of the park or reserve; or

(iv) for the purposes of the conduct of the activity, use 1 or more tyres, logs, sledgehammers, heavy barbells or dumb-bells (20kg plus), weight training benches, weight training machines, rowing machines or any other large load bearing or large resistance training equipment; or

(v) suspend, or attach any equipment, including, for example, punching bags, kickboxing bags, ropes or resistance training equipment, to a tree, shrub or facility within a park or reserve (excluding a facility designed and intended to be used solely for fitness training purposes); or

(vi) engage in conduct which is prohibited conduct under section 13 of Local Law No. 9 (Parks and Reserves) 2008; or

(vii) mark out an area which implies or is intended to imply, in an authorised persons opinion, a right to exclusive use of an area in the park or reserve; or

(viii) erect or install a facility in, on, across or over a park without the prior written consent of the local government; or


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(ix) pull, drag, drop or otherwise cause impact to the ground or a facility by the use of 1 or more barbells, dumb-bells, metal bars, heavy ropes (15kg plus) or similar load bearing equipment.

(c) At all times that the commercial fitness activity is being conducted, the permit holder must—

(i) display a portable, freestanding “A” frame sign with a maximum single face area of 0.60 m2 which—

(A) must clearly display the permit holders permit number under Local Law No. 9 (Parks and Reserves) 2008; and

(B) must display the permit holder’s name, business name, and contact information; and

(C) must not contain any advertisement for any person other than the permit holder or any product or service other than the commercial fitness activity, with the exception of local government programs or activities; and

(D) must not state or imply that a part of a park or reserve has been set aside for the exclusive use of the permit holder; and

(ii) ensure that the following documentation (or a certified copy) is available for immediate inspection upon the request of an authorised person—

(A) all current public liability insurance policies held by the applicant relating to the operation of the commercial fitness activity; and

(B) the first aid qualification of a person appropriately qualified to provide first aid who is required to be present while the commercial fitness activity is being conducted; and

(C) if the commercial fitness activity includes the carrying on of a regulated business under the Working with Children (Risk Management and Screening) Act 2000a current positive notice under the Working with Children (Risk Management and Screening) Act 2000 for each person carrying on the commercial fitness activity; and

(iii) be present at the place the commercial fitness activity is being conducted; and


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(iv) take the principal role in directing and coordinating the activities being conducted as part of the commercial fitness activity.

(d) A person authorised by permit to conduct a commercial fitness activity and any person involved in the provision of the commercial fitness activity under a permit—

(i) must

(A) if the commercial fitness activity is attended by 3 or more clients or customersnot conduct or assist in the conducting of more than 3 commercial fitness activity training sessions in the same park in 1 day irrespective of the length of each session; and

(B) if the commercial fitness activity is attended by 2 or less clients or customersnot conduct or assist in the conducting of more than 6 commercial fitness activity training sessions in the same park in 1 day irrespective of the length of each session; and

(ii) must

(A) if the commercial fitness activity is attended by 3 or more clients or customersnot conduct a commercial fitness activity training session for a continuous period that exceeds 1 hour and 30 minutes in duration, including the time required to set up and remove any equipment used in carrying out the commercial fitness activity and irrespective of whether the activity comprises separate sessions with different customers; and

(B) if the commercial fitness activity is attended by 2 or less clients or customersnot conduct a commercial fitness activity training session for a continuous period that exceeds 1 hour in duration, including the time required to set up and remove any equipment used in carrying out the commercial fitness activity and irrespective of whether the activity comprises separate sessions with different customers; and

(iii) must ensure that a suitable first aid kit is available for persons involved in the activity at all times while the commercial fitness activity is being carried on; and

(iv) must be appropriately qualified in first aid or ensure that a person that is appropriately qualified to provide first aid is present at all times while a commercial fitness activity is being carried on; and


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(v) if the commercial fitness activity includes the carrying on of a regulated business under the Working with Children (Risk Management and Screening) Act 2000a current positive notice under the Working with Children (Risk Management and Screening) Act 2000 for each person carrying on the commercial fitness activity; and

(vi) must not—

(A) display an advertisement (except as required under section 15(1)(c)(i) of this subordinate local law or the conditions of a permit); or

(B) distribute a business advertising publication; or

(C) tout; or

(D) operate a business which is not the commercial fitness activity; and

(vii) must not state or imply to any person in a park or reserve that a part of a park or reserve has been set aside for their exclusive use.

Examples of subsection (c)(vii)—

(a) informing other users of a park that they are required to vacate a particular area of the park so the commercial fitness activity can be conducted; or

(b) informing another commercial fitness activity operator that the permit holder has a right to use a part of a park in precedence to the other commercial fitness activity operator; or

(c) installing stakes, cones, line markings, or other devices to mark out an area of a park for the operation of the commercial fitness activity.

(e) If a commercial fitness activity includes boot camp, circuit, resistance or boxing style training, not more than 18 people, including persons responsible for the provision of the activity, may be involved in the activity unless the conditions of a permit provide otherwise.

(f) The holder of the permit for the commercial fitness activity—

(i) must hold a broadform public liability insurance policy for not less than $10,000,000 which names the local government as an insured party and which is otherwise on those terms and conditions as regulated by the local government from time to time; and

(ii) must satisfy all requirements under an Act relating to the health and safety of workplaces.


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(g) Prior to conducting each commercial fitness activity session, the permit holder, or a person involved in the provision of the commercial fitness activity, must inspect the area on which the commercial fitness activity is to be conducted and ensure that the area—

(i) is of appropriate dimensions to safely accommodate the conduct of the commercial fitness activity; and

(ii) is able to be accessed by an emergency vehicle; and

(iii) is suitable for the conduct of the commercial fitness activity including by reason of the condition of the ground; the existence of any facility, object or debris; the location of any tree, or other feature in the park or reserve and the prevailing or forecast weather conditions at the times the commercial fitness activity is to be conducted.

(2) If a requirement identified in a sign in a park or reserve is inconsistent with a requirement in subsection (1), the requirement identified in the sign will be taken to be the applicable prescribed criteria for the park or part of the park to which the sign applies for the purposes of this section, to the extent of any inconsistency.

16 Term of a permit For the purposes of section 24(1)(b) of Local Law No. 9 (Parks and Reserves) 2008, the term of a permit for a permitted business is to be from the date of issue until the thirty-first day of the following August unless otherwise specified in the permit.

17 Conditions of a permit (1) For the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008,

the local government may impose all or any of the following conditions on a permit for a regulated activity1—

(a) The operation of the regulated activity must not detrimentally affect the amenity of neighbouring premises.

(b) The operation of the regulated activity including all premises, buildings, structures, vehicles, facilities or equipment must be maintained at all times—

(i) in good working order; and

(ii) in a good state of repair; and

(iii) in a clean and sanitary condition. 1 This section prescribes, for the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the conditions that will be imposed on a permit. However, the local government may, pursuant to section 25(1) of Local Law No. 9 (Parks and Reserves) 2008 grant a permit on any conditions the local government considers appropriate.


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(c) The operation of the regulated activity must not constitute a nuisance under Local Law No. 8 (Public Health, Safety and Amenity) 2008.

(d) A contaminant must not be released to the environment as part of the operation of the regulated activity if the release is likely to cause environmental harm unless such release is specifically authorised by the Environmental Protection Act 1994.

(e) All objects including vehicles and machinery which are dismantled as part of the operation of the regulated activity must be dismantled undercover on a paved impervious surface which is unaffected by stormwater runoff.

(f) Any spillage of a waste, a contaminant or another material must—

(i) be cleaned up immediately; and

(ii) not be cleaned up by hosing, sweeping or otherwise releasing the waste, contaminant or material to any stormwater system or waters.

(g) Lighting used to illuminate any areas of the operation of the regulated activity must be angled or shaded in such a manner that the light does not cause a nuisance.

(h) The operation of the regulated activity must not attract fly breeding or vermin infestation.

(i) The operation of the regulated activity must be kept free of pests and conditions offering harbourage for pests.

(j) Overcrowding must not be permitted to occur as part of the operation of the regulated activity.

(k) Adequate lighting levels must be maintained in accordance with the Building Act 1975.

(l) Adequate means of evacuation must be maintained as part of the operation of the regulated activity.

(m) Water intended for use for domestic purposes as part of the operation of the regulated activity must be from an approved water source.

(n) The water to be used in the operation of the regulated activity must be of an appropriate quality to be used for that purpose.

(o) An adequate and continuous supply of cold and hot water must be maintained to all toilet, bathroom, kitchen, laundry and drinking water facilities that form part of the operation of the regulated activity.

(p) The water supply for drinking purposes must be potable water.


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(q) All water supply connections must be maintained in accordance with the Water Supply (Safety and Reliability) Act 2008.

(r) Adequate power points must be provided as part of the operation of the regulated activity in locations specified by the local government.

(s) A power source for electricity must not be used unless authorised by the local government.

(t) Adequate shower, toilet and ablution facilities specified by the local government must be provided as part of the operation of the regulated activity.

(u) Adequate sanitary conveniences as authorised by the local government and sanitary facilities must be provided to service the operation of the regulated activity.

(v) Sanitary conveniences as authorised by the local government and sanitary facilities must be kept open during the hours of operation of the regulated activity and signs must be erected indicating the location of the sanitary facilities.

(w) All hazardous materials must be stored and used in a safe manner as part of the operation of the regulated activity.

(x) Adequate storage must be provided for all hazardous materials stored or used as part of the operation of the regulated activity.

(y) Waste containers sufficient to accommodate the collection and storage of all waste generated as part of the operation of the regulated activity must be provided in the manner and locations specified by the local government.

(z) Waste containers that are provided as part of the operation of the regulated activity must at all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.

(aa) Waste containers that are provided as part of the operation of the regulated activity must be designed and constructed to prevent access to pests and to be easily and effectively cleaned and disinfected.

(ab) All waste (including waste water) generated as part of the operation of the regulated activity must be disposed of in a safe and sanitary manner and in accordance with the Environmental Protection Act 1994 and the Water Supply (Safety and Reliability) Act 2008.

(ac) All waste generated as part of the operation of the regulated activity must be disposed of in a manner which maintains the operation of the regulated activity and its surrounds in a clean, tidy, sanitary and hygienic condition.


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(ad) All waste water generated during or from the operation of the regulated activity must be discharged safely to the sewerage system or an on-site sewerage facility.

(ae) Human waste from the operation of the regulated activity must be disposed of at a dedicated sanitary facility, a sanitary convenience as authorised by the local government, the sewerage system or an on-site sewerage facility.

(af) Trade waste from the operation of the regulated activity must be disposed of in accordance with a permit under the Water Supply (Safety and Reliability Act) 2008.

(ag) Waste generated as part of the operation of the regulated activity must be kept so as not to attract pests.

(ah) Waste from the operation of the regulated activity must not be disposed of into the stormwater system, waters or a watercourse.

(ai) The holder of the permit must indemnify the local government, to the satisfaction of the local government, against any liability which may arise as a result of regulated activity.

(aj) The permit issued by the local government, the local government issuing the permit and the description of the regulated activity must be prominently and temporarily displayed during approved operational hours in letters and numbers not less than 100mm in height at locations specified by the local government to enable it to be viewed by members of the public, e.g. GCCC – Regulated Activity [insert permit number].

(ak) The trading name and telephone number of the holder of the permit must be prominently and temporarily displayed during approved operational hours in letters and numbers not less than 75mm in height at locations specified by the local government to enable it to be viewed by members of the public.

(al) Adequate signage must be exhibited as part of the operation of the regulated activity in the manner and locations specified by the local government.

(am) Emergency contact numbers must be displayed in the manner and locations as specified by the local government or otherwise so that it can be viewed by members of the public.

(an) The evacuation plan and procedures for the operation of the regulated activity must be displayed in the manner and locations specified by the local government or otherwise so that it can be viewed by members of the public.

(ao) Any premises, building, structure, facility, line marking and equipment which is part of the operation of the regulated activity must not be


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changed in any respect without the prior notification of the local government and the approval of an authorised person.

(ap) The operation of the regulated activity must comply with the Environmental Protection Act 1994, Environmental Protection (Water) Policy 2009, Environmental Protection (Noise) Policy 2008, Environmental Protection (Air) Policy 2008 and the Environmental Protection (Waste Management) Regulation 2000.

(2) For the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the following conditions must be imposed in a permit for a regulated activity which involves a gathering or meeting of more than 50 persons2—

(a) Crowd control measures must be provided to the satisfaction of the local government.

(b) The holder of the permit must be familiar with all underground services, including electricity, gas, water supply, sewerage, telephone and other conduits.

(c) All relevant approvals must be obtained for any fireworks which are to be used in association with the gathering or meeting and the fireworks must be used in accordance with the approvals and all regulatory requirements.

(d) All relevant approvals must be obtained for the sale, distribution and consumption of liquor associated with the meeting or social gathering.

(e) The gathering or meeting must comply with any relevant provisions of the Work Health and Safety Act 2011.

(f) If required by the local government, additional toilets for the gathering or meeting must be provided and erected and serviced to the satisfaction of the local government.

(g) All relevant approvals must be obtained for processions which are to be held in association with the social gathering or meeting.

(h) Confetti must not be used in association with the social gathering or meeting.

(3) For the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the following conditions may be imposed in a permit for a regulated activity which involves a permitted business3—

2 This section prescribes, for the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the conditions that will be imposed on a permit. However, the local government may, pursuant to section 25(1) of Local Law No. 9 (Parks and Reserves) 2008 grant a permit on any conditions the local government considers appropriate.


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(a) The operation of the permitted business must comply with the Anti-Discrimination Act 1991.

(b) The holder of the permit must hold a prescribed notice (which is a positive notice) under the Working with Children (Risk Management and Screening) Act 2000.

(c) The holder of the permit must not erect a structure in relation to the regulated activity without the prior written approval of an authorised person.

(d) The holder of the permit must hold specified insurance for all persons involved in the operation of the permitted business, and in relation to the operation of the permitted business, for the term of the permit.

(e) The holder of the permit, and all persons to be involved in the operation of the permitted business, must be appropriately qualified to operate the permitted business.

(f) A first aid kit must be available for persons involved in the operation of the permitted business at all times.

(g) A person appropriately qualified to provide first aid must be present during the operation of the permitted business.

(h) The number of persons involved in the operation of the permitted business at any one time must not exceed the number specified by the local government.

(i) The identity of the persons involved in the operation of the permitted business must at any time be in accordance with those specified by the local government.

(j) The number of clients or customers of the permitted business must not at any time exceed the number specified by the local government.

(k) The operation of the permitted business must only be carried out in a location specified by the local government.

(l) The operation of the permitted business must not be carried out in an area which is closed for works, maintenance or any other purpose.

(m) If directed by the local government or an authorised person, the operation of the permitted business must be relocated to a specified location.

3 This section prescribes, for the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the conditions that will be imposed on a permit. However, the local government may, pursuant to section 25(1) of Local Law No. 9 (Parks and Reserves) 2008 grant a permit on any conditions the local government considers appropriate.


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(n) If directed by the local government or an authorised person due to inclement weather conditions, the operation of the permitted business must be postponed.

(4) For the purposes of section 25(3) of Local Law No. 9 (Parks and Reserves) 2008, the conditions that will ordinarily be imposed on a permit for a commercial fitness activity are that—

(a) the commercial fitness activity must comply with the prescribed criteria in section 15 of this subordinate local law; and

(b) the commercial fitness activity must not be carried out in an excluded park including a park that becomes an excluded park after the date of the permit is issued; and

(c) the commercial fitness activity must not be carried out in a sports playing field or a facility associated with a sports playing field.


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Schedule 1 Specified Lakes section 10

Column 1

Lake

Column 2

Description

Lake Hugh Muntz Barrier Reef Drive, Mermaid Waters


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Schedule 1A – Excluded parks Section 10A

Excluded park No.


Name of excluded

park






park




1 Lot 1 on SP134184

Pratten Park Old Burleigh Road, Broadbeach

The area of the excluded park south from the Kurrawa Surf Life Saving Club to opposite Anne Avenue, Broadbeach



2 Lot 121 on SP244690

John Laws Park

Goodwin Terrace, Burleigh




3 Lot 901 on SP260794

Queen Elizabeth Park

Marine Parade, Coolangatta

The area of the excluded park from Warner Street, south to Mcdonald Street (park area opposite Mantra Resort)



4 Lot 803 on SP151347

Parklake Greenway Boulevard, Maudsland





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Excluded park No.


Name of excluded

park






park




5 Lot 50 on RP48209

Don McSween Park (Lores Bonney Lookout)

Brakes Crescent, Miami




6 Lot 493 on WD6058, lot 356 on WD4580 and lot 355 on WD4580

Mick Schamburg Park

Kelly Avenue, Miami




7 Lot 493 on WD6058

Don McSween Park

Marine Parade, Miami

The whole of the excluded park except for the area of excluded park north of North Burleigh Hill



8 Lot 999 on SP198481



The area of the excluded park within 100m of the cricket oval




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Excluded park No.


Name of excluded

park






park




9 Lot 999 on SP198481





Subject to Item 8, the prohibited permitted business is prohibited before 7 a.m. each Saturday and Sunday

10 Lot 165 on SP229244

Palm Beach Parklands





11 Lot 242 on WD4471

Tarrabora Reserve





12 Lot 258 on WD5078

Rockview Public Park

Off Laceys Lane, Palm Beach




13 Lot 1 on SP123098, lot 45 on RP32000,

Andy Frizzell Park

Jefferson Lane, Palm Beach

The area of the excluded park south of Palm Beach Surf Life Saving Club




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Excluded park No.


Name of excluded

park






park




lot 336 on WD3746 and lot 29 on RP811099

14 Lot 2 on SP266532, including road easement

Ronnie Long Park

Tallebudgera Drive East, off Gold Coast Highway, Palm Beach

The area of the excluded park on the beach side of the Tallebudgera Surf Life Saving Club



15 Lot 12 on SP170654

Broadwater Parklands

Marine Parade, Southport

The area of the excluded park on the southern side of the Aquatic Centre to the timber platform opposite Short Street, Southport



16 Lot 218 on WD807902

Surfers Paradise Esplanade

The Esplanade, Surfers Paradise

The area of the excluded park comprising the Esplanade from Cavill Avenue north to Main Beach Parade




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Excluded park No.


Name of excluded

park






park




17 Lot 902 on SP154443

Varsity Parade Reserve

Varsity Parade, Varsity Lakes




18 4SP191949 Abraham Park Reserve Road, Upper Coomera





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Schedule 2 Dictionary section 4 approved water source means a potable water source approved by the local government and may include a nominated reticulated water delivery point and a recognised water source.

commercial fitness activity

(a) means any of the following

(i) a business or commercial activity involving the supply of a personal or group fitness training activity;

(ii) the supply of any of the following activities whether the activity is undertaken as a business or commercial activity or not

(A) circuit training;

(B) resistance training;

(C) fitness training involving self-defence or the use of boxing gloves and boxing pads;

(D) organised aerobic activity, including group walking or running activities, whether or not involving a thing that is pushed, pulled or carried;

(E) fitness activities involving yoga, tai chi, pilates, meditation or a similar activity;

(F) 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;

(G) any combination of the activities mentioned in paragraphs (A) to (F); but

(b) does not include any of the following

(i) a commercial fitness activity which is a council endorsed activity;

(ii) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by an association incorporated under the Associations Incorporation Act 1981, the principal object of which is the promotion of sporting, walking, running or similar activities; and


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(B) the right to participate in the activities is limited to the bona fide members of the association and their guests;

(iii) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by a life-saving club for a life-saving training purpose; and

(B) the right to participate in the activities is limited to the bona fide members of the life-saving club;

(iv) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by an educational institution which is a kindergarten, primary school or secondary school; and

(B) the right to participate in the activities is limited to the students, parents and carers of the students, and the staff of the educational institution;

(v) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by a corporation and the primary purpose of the conduct of the activities is to promote the health and fitness of the employees of the corporation; and

(B) the right to participate in the activities is limited to the employees of the corporation, including full-time, part-time and contracted employees and each employee’s family;

(vi) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by a government entity, for example, a Commonwealth department, a State department, a Commonwealth agency, a State agency, a Commonwealth authority or a State authority; and

(B) the primary purpose of the conduct of the activities is the promotion of community health and fitness.

(vii) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by a parent or carer; and

(B) the primary purpose of the conduct of the activities is to promote the health and fitness of the family of the parent or carer.


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(viii) 1 or more, or any combination, of the activities identified in paragraph (a)(ii) undertaken in the following circumstances

(A) the activities are conducted by a religious entity which is registered with the Australian Charities and Not-for-profits Commission; and

(B) the primary purpose of the conduct of the activities is religious or charitable works which promote health and fitness.

contaminant has the meaning given in the Environmental Protection Act 1994.

dangerous good has the meaning given in the Dangerous Goods Safety Management Act 2001.

development approval has the meaning given in the Sustainable Planning Act 2009.

domestic purposes means the purposes of—

(a) human consumption; or

(b) food preparation; or

(c) washing; or

(d) other normal domestic activities.

emergency vehicle means a vehicle driven by a person who is—

(a) an emergency worker; and

(b) driving the vehicle in the course of his or her duties as an emergency worker.

emergency worker means—

(a) an officer of the Queensland Ambulance Service or the ambulance service of another state; or

(b) an officer of the Queensland Fire and Rescue Service or a fire and rescue service of another state; or

(c) an officer or employee of another entity with the written permission of the commissioner of the Police Service; or

(d) an officer of the State Emergency Service or a state emergency service of another state; or

(e) an officer or employee of an authority permitted by law to conduct utility installation or utility maintenance; or

(f) an officer of Emergency Management Queensland.

film production has the meaning given in Local Law No. 16 (Licensing) 2008.


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footpath has the meaning given in the Transport Operations (Road Use Management) Act 1995.

foreshore has the meaning given in the Local Government Regulation 2012.

groundwater means water occurring under the surface of the ground in a geological structure or formation or in an artificial landfill.

hazardous material means a substance which—

(a) because of its chemical, biochemical, microbiological or radiological properties, temperature or state of compression could in sufficient concentration cause—

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

(ii) property damage; or

(iii) environmental harm or environmental nuisance; and

(b) includes—

(i) a hazardous substance; and

(ii) a dangerous good; and

(iii) a scheduled poison.

hazardous substance has the meaning given in the Workplace Health and Safety Regulation 2008.

life-saving club has the meaning given in Local Law No. 10 (Bathing Reserves) 2004.

motorbike has the meaning given in the Transport Operations (Road Use Management) Act 1995.

noise sensitive place includes—

(a) a residential property; and

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

off leash dog exercise area has the meaning given in Local Law No. 12 (Animal Management) 2013.

parks and recreation plan means the planning document titled ‘Our Natural Playground – A Parks and Recreation Plan for the Gold Coast’, as amended from time to time.

permitted business means the following businesses or commercial activities—

(a) a commercial fitness activity; and


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(b) an entertainment or promotional event which—

(i) is of economic significance to the local government area; or

(ii) complies with the local government’s events strategy (as amended from time to time); and

(c) a product launch; and

(d) a sporting event of local, State, regional or national significance (including a life-saving competition); and

(e) film production; and

(f) a temporary broadcast of a radio or television program; and

(g) photography undertaken for a commercial purpose; and

(h) the sale of food or drink (or both) from a mobile or temporary premises or a vehicle; and

(i) aircraft operations; and

(j) an advertisement that is related to—

(i) an activity permitted under the local law; or

(ii) a short term event such as a fete, fair, activity or other event to be held at a location other than the park; or

(iii) an activity otherwise approved by the local government; and

(k) an advertisement that is displayed on land being used by a sporting club.

(l) a business or commercial activity which, in the opinion of the local government, promotes health, including physical or mental well-being (other than a commercial or business activity mentioned in paragraphs (a) to (k)).

power assisted cycle means a bicycle to which a power source is attached.

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.

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

scheduled poison has the meaning given in the Standard for the Uniform Scheduling of Medicines and Poisons.

sensitive receptor has the meaning given in the Environmental Protection (Noise) Policy 2008.


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sports playing field means a park that is designed to cater for a variety of formal sporting activities through the provision of training or competition facilities.

stormwater system means—

(a) a roadside gutter; or

(b) a stormwater drain; or

(c) surface water; or

(d) any other land or structure that is used to convey or store stormwater.

surface water means water other than groundwater.

trailer has the meaning given in the Transport Operations (Road Use Management) Act 1995.

vessel has the meaning given in the Transport Operations (Road Use Management) Act 1995.

waste water means a liquid waste.

watercourse has the meaning given in Local Law No. 8 (Public Health, Safety and Amenity) 2008.

waters has the meaning given in Local Law No. 8 (Public Health, Safety and Amenity) 2008.

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Public Interest Test Report


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 Parks and Reserves (Amendment) Subordinate Local Law (No.1) 2016 (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 Amending SLL9.1.

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 SLL9.1 means the proposed Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

• LL9 means Council’s existing Local Law No. 9 (Parks and Reserves) 2008.

• SLL9.1 means Council’s existing Subordinate Local Law No. 9.1 (Parks and Reserves) 2008, which Amending SLL9.1 will amend.

3. Results of consultation process

Public Consultation

Public consultation occurred over a 21 day period commencing on Friday 8 July 2016 and ending on Thursday 28 July 2016 (consultation period).

Notice of public consultation and invitation to make submissions was:

(a) published in the local newspaper (the Gold Coast and Tweed/Southern Suns) on Wednesday 6th and Thursday 7th July 2016 (respectively) 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.


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Public Interest Test Report: Parks and Reserves (Amendment) Subordinate Local Law (No.1) 2016 Page 2

Five (5) submissions were received by the local government during the consultation period. The points raised in the submissions included:

• Support for the amendments, considering them fair and just. • Concern about the proposed change to the commercial fitness permit regarding the class size numbers -

limiting certain activities from 30 participants to 18, but conversely allowing other activities to increase from 30 to unlimited.

o Wanted boot camps to increase class size to at least 25 • Request to include requirements for trainers to hold appropriate qualifications in the law. • Request to include requirements for trainers to be accredited with a national industry association in the

law. • Request that Wallace Nicoll Park be an excluded park for commercial fitness activities.

Detail of the public consultation submissions received and responses is included as Annexure B.

Following the consultation period the Amending SLL9.1 was reviewed to determine whether consequential amendments were required. No amendments are proposed as a result of the public consultation process. Two (2) minor administrative amendments relating to continuing to allow advertising devices in parks and reserves, with the approval process will be via Local Law No 16 (Licensing) 2008 and proposed Subordinate Local Law No 16.8 (Advertising Devices) 2016 has been recommended.

4. Reassessment of alternatives

The Public Interest Test Plan identified one realistic alternatives to the anti-competitive provisions, being negative licensing.

Following the public consultation process the local government still considers that negative licensing is the only realistic alternatives to the Amending SLL9.1.

5. Summary of impacts associated with the Amending SLL9.1and viable alternatives

A summary of the positive and negative impacts for stakeholders associated with the Amending SLL9.1 and viable alternatives are set out in the Table below.

Stakeholder Current Proposed Amendments Negative Licensing


High positive

Greater regulatory control over operators of commercial fitness activities, leading to a higher standard of operation, less disturbance to park users, fewer complaints and better utilisation of park facilities.

Appropriate powers to permit certain commercial activities in parks and reserves in appropriate circumstances.

Mod negative

Increased enforcement costs to Council without associated benefits of regulation.

Increased disturbance to users of parks leading to more complaints and potential public liability issues.

Submission suggests high turnover etc of trainers in parks therefore informing trainers of rules and instant punitive responses for breaches becomes very problematic


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Stakeholder Current Proposed Amendments Negative Licensing

Existing and potential businesses

Moderate positive

Greater formal opportunities for businesses to operate in parks and reserves.

Focused and transparent regulation of commercial fitness activities will provide the industry with regulatory certainty. Some adjustment in behaviour and business practices required to comply with new regulations.

Moderate positive

Minor reduction in work involved in compliance with regulatory regime.

Greater potential for immediate and substantial fines for breaches.

Consumers High positive

Improvement in product quality and business standards as a result of compliance with law. Greater range of products and services available in parks and reserves.

Low positive

Potential for minor improvement in product quality, standards and service.

Submission suggests high turnover etc of trainers in parks which is a poor fit with negative licensing.

Users of Parks and Reserves High positive

Increased regulation of business (and particularly commercial fitness activities) will lead to reduced disturbance and increased amenity of parks and reserves.

Potential for a minor increase in commercial activity in parks and reserves.

Low Positive

Minimal reduction in impacts on other park users anticipated. Some increased disturbance from commercial operations in parks and reserves and reduced ability of Council to properly manage commercial activity leading to a loss of amenity.

Home Owners Low Positive

Increased regulation of business (and particularly commercial fitness activities) will lead to reduced disturbance and increased amenity for homes near parks and reserves.

Low Negative

Some increased disturbance to nearby home owners from commercial operations in parks and reserves and reduced ability of Council to properly manage commercial activity leading to a loss of amenity.

Conservationists Low Positive

Increased regulation of business (and particularly commercial fitness activities) will lead to reduced disturbance and greater control of natural areas.

Low Negative

Potential for increased damage to natural areas of parks and reserves.

Overall Result High Positive Low Positive


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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/maintaining a permit system for commercial fitness providers. The laws are unlikely to have any noticeable effect on competition within existing markets; and

(b) an overall low positive impact from a move to a 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.

(c) The results of the analysis indicate that the implementation of the alternatives identified will result in an overall low positive impact, whereas the impact of the proposed amendments will be an overall high positive.

Accordingly, the implementation of alternatives will not be as effective in achieving the aims of the current LL9 as the proposed amendments. The alternatives are therefore not considered to be reasonable alternatives to the system of regulation by LL9.

The proposed amendments are considered an appropriate means of achieving the objectives of LL9, which include ensuring that public access and use of parks and reserves preserves public safety and amenity, community amenity and protection of the environment and facilities within the parks and reserves are maintained. 6. 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 Amending SLL9.1 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 Amending SLL9.1is by restricting competition in the way provided in the anti-competitive provisions.

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ANNEXURE A


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PIT Plan document #52879474


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ANNEXURE B

Public Submissions Received for the Proposed Local Law/s and Council’s Consideration Public Submissions for –

• Parks and Reserves (Amendment) Subordinate Local Law (No 1) 2016 (the proposed subordinate local law) • Public Interest Test Plan

File: LG222/365/09/02/01

Advertised in the Gold Coast Sun on Wednesday 6 and Thursday 7 July 2016 and on Council’s website – “gchaveyoursay”.

With submissions commencing on Friday 8 July 2016 and closing Thursday 28 July 2016 (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 = 4 submissions received.

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Submission from: Précis of submission details (include section/s of proposed law )

Submission considered by Council (comments)

Recommend change Yes/No

1 Member of Public & Permit Holder Redacted Online submission 10/7/16 #57032619

I feel the local law amendments are fair and just. Would like to know when the beachside aquatic permits will become available please?

Comment is in support of the subordinate local law amendments. The enquiry regarding when aquatic permits will be available was referred to the City’s Coordinator Recreational Services and an emailed response was sent 11/7/16 reference iSpot #57032969 advising that “the advertisements for trustee permits to operate commercial aquatic recreational activities are

No amendment is required


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expected to be issued shortly and become effective from September 2016”. No amendments recommended.

2 Member of Public & Permit Holder Redacted Online submission 11/7/16 # 57243479

My name is (redacted) and I am the business owner of (redacted). I am writing to express my concern about the proposed change to the commercial fitness permit regarding the class size numbers - limiting certain activities from 30 participants to 18, but conversely allowing other activities to increase from 30 to unlimited. I feel this is extremely unfair to businesses that run bootcamp style classes, who as a result of this change will have to turn away members of the public who wish to improve their health and fitness, simply because of this amendment in the local park laws. How is it "equity for all" by allowing an unlimited amount of yoga/pilates participants in a park (who could potentially take over an entire park) but then limit numbers for bootcamp style classes? If this change is being made due to greater impact, then those impacts are already minimised by the laws on what equipment can and can't be used, so the number of people participating in bootcamp style classes shouldn't have any greater impact as long as only the allowed equipment is being used. If the change is being made because of risk management issues, then the total number of participants should be the same regardless of what kind of activity is being undertaken. Gym classes have much higher class numbers than 18, and outdoor bootcamp style classes should be

Concern about the proposed change to the commercial fitness permit regarding the class size numbers - limiting certain activities from 30 participants to 18, but conversely allowing other activities to increase from 30 to unlimited Consideration Request for Council to consider limiting the class numbers to only 25 instead of the proposed 18 has been considered and. The limitation in group size for the more intensive activities is in keeping with industry recommendations and to protect park and neighbourhood amenity from the greater impact these activities can create. The impacts from the less intensive activities are adequately addressed by other criteria within the subordinate local law. No amendments recommended.



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allowed more also. I am urging that you consider limiting the class numbers to only 25 instead of the proposed 18

3 Member of Public Redacted Online submission 24/7/16 # 57165507

It seems an oversight that Wallace Nicoll Park, at Currumbin Alley on Pacific Parade/Durangin St, has been left off the Parks Excluded from use for commercial fitness activity. This is an iconic park on the Gold Coast, with unsurpassed views, in line with Burleigh Heads, which is why all the busses of Chinese tourists drive here to let the clients see what a gorgeous place we have. This is a very popular picnic, barbecue place, with family friendly amenities for those not wanting to be in the hustle and bustle of Palm Beach Parklands, but has been allowed to fall into the control of commercial fitness people to the exclusion of everyday picnickers. It is not only the park amenity that has been commandeered, but by the sheer number of clients they have there is reduced parking and its difficult to get your picnic basket under a picnic shelter with the line up of equipment and use of shelters by clients and instructors. A muscling in on public amenity by commercial enterprise, which little by little causes people who want to picnic or just sit for a restful time and enjoy the scenery, to often avoid going to these places because of the takeover by fitness business. There are great sporting parks with plenty of space at Tugun and Tallebudgera where fitness trainers could run there groups without placing any undue strain on public enjoyment of parks that were never designed as places for business and take away parking problems

Concern about the amenity for the general public being affected by commercial fitness activities. Request to have Wallace Nicoll Park added to the Excluded Parks Register for commercial fitness activities. Consideration Due to the park not being included in the recent public consultation, additional consultation would be required to include the park in the list. The specific concerns raised are a current breach of permit conditions and will be monitored and enforced by City Law Officers. Should amenity in the park not improve commercial fitness activities can be limited or excluded with park signage until additional amendments to the subordinate local law can be enacted. No amendments recommended.



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for those who want to surf or picnic here. I can't find any consultation notes that shows who said to give our park over to the fitness industry.

4 Member of Fitness Industry Redacted

Emailed on-line submission 28/7/16 iSpot #57240969

I’m objecting to the fact that the amendment still does not require a professional Personal Trainer to actually be a professional Personal Trainer to get a permit. As per my many past objections to this not being included the permit does not require anything more than first aid and insurance for Trainers. Anyone can easily get Personal Trainer insurance. The first and foremost concern here is the safety of Gold Coasters. Exercise can be dangerous, in particular when run by a person passing themselves off as a Personal Trainer when they aren’t one. Having been in business on the Gold Coast for 17 years as the owner of Australia’s third largest Personal Training company, and being a council member for the governing body Fitness Australia, we hear on a weekly basis of negligence and injuries from unqualified and unregistered Personal Trainers in parks. These can be avoided is current qualifications and registration are required to get a permit. From my Council discussions, Council is obviously aware of this too as this the lack of professionalism of these people is one of the reason the permit was brought in. At present not amending this law to require current qualifications and registration is effectively endorsing many Personal Trainers as suitable professionals when they are anything but that. I am aware that Council claims they are not “endorsing” a permit holder, however any reasonable Gold Coaster hiring a “Council permit that approved Personal

Concern about Council not requiring specific training or industry registration for commercial fitness providers. Consideration has been previously given to these issues. As there are no state or national standards specifying appropriate accredited training courses covering all aspects of the fitness industry, Council cannot assess or stipulate specific training requirement. Whilst accreditation with a relevant industry association would typically be ample evidence of an applicant’s qualification or experience it is not intended to regulate the industry so as to achieve broader industry regulation objectives of some stakeholders Commercial fitness activity (CFA) is defined very broadly in the law (i.e. includes yoga & tai chi) as the intention is to reduce impacts on other park users and neighbours. The wide range of activities covered by the law makes it impractical for Council to administer requirements for industry accreditation. Additionally, it is not Council’s intent to become a defacto regulator of the fitness industry (requiring trainers to have professional/association registration)



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Trainer” in a park would be of the assumption that the Personal Trainer was currently qualified and registered. Imagine the ramifications for council when (not if) one of these Trainers gives a client in a park a heart attack and council explains they didn't think it was important for the Trainer to actually be a currently qualified/registered Trainer to get a permit! Requiring Fitness Australia registration (at a cost of 36 cents a day for a Trainer) is standard practise for many councils, here’s just three of the many that do:

The alternative option that many Councils also require is simply evidence of registration with any applicable governing body for professional Trainers, coaches or Martial Arts instructors. Whilst I believe solely Fitness Australia registration should be required, if the law was amended to any applicable professional registration this would still solve the bulk of the safety concerns by making Trainers upskill to a safe level, or stop hurting people in parks. In a poll we conducted on our Facebook page 100% of people believe that some form of registration or qualifications should be required, and 87% believe it should strictly be Fitness Australia registration. This is also because at least 95% of commercial fitness activities are run by either qualified or unqualified Personal Trainers or Boot Camp Trainers and Fitness

where the State and Federal governments have not considered it necessary to do so. Requiring professional/association registration would be an additional barrier for entry to the market and increase the anti-competitiveness of the local law provisions. No amendments recommended.

http://www. mackay .qld.gov.au/residents/parks and projects/p http://www.tr.qld .gov. au/facilities-recreation/parks-gardens/bo http://www. sutherlandshire. nsw .gov. au /Business/Bus


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http://www.mackay.qld.gov.au/residents/parks_and_projects/personal_training






http://www.tr.qld.gov.au/facilities-recreation/parks-gardens/booking-parks/9931-annual-fitness-services-permit






http://www.sutherlandshire.nsw.gov.au/Business/Business-Rules-and-Permits/Outdoor-Commercial-Fitness-and-Training












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Australia is the one and only government endorsed governing body. This 95% of operators cause 99% of the complaints, and of course complaints were the primary reason the law was brought in. As you would know myself, Fitness Australia and others have been very public on this topic and we will continue to be so in the interest of the health and safety of Gold Coasters. I urge you to be proactive and put the safety of Gold Coasters ahead of all else and require permit holders to be currently qualified and registered! If you don’t I am sure you will have reactively down the track after the fall out from an easily avoidable tragedy.

Submissions received document:#55120241


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PARKS AND RESERVES (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2016 LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

Local Law: Local Law No. 9 (Parks and Reserves) 2008 Subordinate Local Law: Parks and Reserves (Amendment) Subordinate Local Law (No. 1) 2016.

Purposes: The purpose of the proposed amending subordinate local law is to assist in the implementation of Local Law No. 9 (Parks and Reserves) 2008 by designating excluded parks (or part thereof) for the purpose of prohibiting certain permitted businesses from particular parks and reserves to ensure those activities do not create, or increase, a risk to human health or safety or amenity, of park users and neighbouring residents.

Anti-competitive Provisions

Relevant criteria Explanatory Comments

Amending Subordinate Local Law, section 5 insertion of new section 10A Excluded parks

7 – business restriction Prescribes specific parks and reserves, and areas within specific parks and reserves, where the conduct of particular business activity types is prohibited at all times or at specified times. The prohibition will have an impact on the conduct of a business activity, and in particular, the business activity identified in the subordinate local law.

Amending Subordinate Local Law, section 6 amendment of section 15 (Prescribed criteria for a permitted business)

7 – business restriction 10 – permit requirement

Prescribes criteria for the grant of a permit and constrains Council’s discretion and may have an impact on the conduct of a business activity.

Amending Subordinate Local Law, section 7 insertion of new schedule 1A (Excluded parks)

7 – business restriction

Prescribes specific parks and reserves or areas within specific parks or reserves where the conduct of particular business activity types is prohibited at all times or at specified times. The prohibition will have an impact on the conduct of a business activity, and in particular, the business activity identified in the subordinate local law.

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These Pages

Numbered 1 to 89

Constitute The Report Of The Meeting

Of The Community Services Committee

Held Wednesday 24 August 2016

for the community services committee meeting€¦ · 24/8/2016 · 2016 proposed agenda items for...

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