Local Laws
Winton Shire Council Public Interest Review
Proposed Subordinate Local Law No. 1 (Administration) 2023 and Subordinate Local Law No. 2 (Animal Management) 2023
Winton Shire Council is proposing to make Subordinate Local Law No. 1 (Administration) 2023 and Subordinate Local Law No. 2 (Animal Management) 2023. Before making a local law, local governments are required to review any laws that restrict competition to ensure that they are in the public interest.
Purpose
Council has identified that the proposed local laws contain potentially anti-competitive provisions. Anti-competitive provisions create barriers to entry to a market or barriers to competition within a market. The purpose of the public interest review is for Council to consult with the community, and especially businesses that might be affected, about whether the proposed new laws are in the overall public interest.
Community Engagement
Further information about the possible anti-competitive provisions is contained in the Public Interest Review Consultation Paper. The possible anti-competitive provisions include requirements for operators of caravan parks and camping grounds to have public liability insurance, additional criteria for granting approvals for shared facility accommodation, requirements for people holding entertainment events to meet standards for animal care and protection, and prohibition of mature cattle from town areas and prohibition of stallions from the town common. These provisions are possibly anti-competitive due to the potential to impact or create additional costs on businesses.
Council invites the community to submit feedback on the Public Interest Review Consultation Paper. Council wants to hear from residents and businesses about impacts of the potentially anti-competitive provision, especially:
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any costs of compliance for businesses
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any reasonable alternatives to the anti-competitive provisions and the comparable costs of these alternatives;
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the benefits to the community from the anti-competitive provisions
Submissions close on 24 November 2023.
You can lodge your submission by:
Downloading the feedback form , completing and sending to: CEO
Or in person at
Or emailed to
Where to from here
Council will prepare a public interest review report containing recommendations about whether the anti-competitive provisions are in the overall public interest and should be retained. The report is intended to be presented to council on 14 November 2023. Council will then decide whether to accept the recommendations and implement them by resolution, or reject them and make a contrary resolution.
Background
Section 38 of the Local Government Act 2009 provides that council must not make a local law that contains an anti-competitive provision unless council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions. A local law that is contrary to this has no effect.
Section 15 of the Local Government (Operations) Regulation 2012 refers to an anti- competitive provision as a provision that is identified as creating barriers to entry to a market or barriers to competition within a market. Council must follow the procedures set out in the National Competition Policy – Guidelines for conducting reviews on anti-competitive provisions in local laws, Version 1, made by the State Government.
More information is available from the National Competition Policy Guidelines.
Contacts
For more information, please contact the Governance Coordinator on 07 4657 2666
Local Laws
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Winton Shire Council’s Local and Subordinate Laws that are currently in use, and can be accessed on the Government’s State Development website:
Winton Shire Council Local Laws
Phone: (07) 4657 2666
Email: ceo@winton.qld.gov.au