Regulation Review - IPART - NSW Government

More documents

Recommendations

Info

2 Local government compliance and enforcement functions Notification Compliance Enforcement Referral Planning – receive notification from exempt developments (eg, notification of date of erection of temporary builders’ sheds, portaloos, marquees, etc)a Environment – receive notifications of emergency coastal protection works from land owners; receive notification of contaminated land Health & safety – receive notification where cooling towers or warm water systems are installed on premises Planning – inspection and investigation powers to enforce compliance with development consent conditions Building – enforce technical standards in buildings through mandatory local council certifiers. Such certifiers are enabled to inspect properties throughout the building process, to ensure the development is consistent with its approval conditions Environment – investigate activities relating to illegal waste dumping and noise complaints; regulation of underground petroleum storage systems Health & safety – powers of entry and inspection of public swimming pools, residential swimming pool fencing, skin penetration premises and food businesses Parking - undertake road safety activities Companion animals - investigate and enforce noise/nuisance issues or dangerous dogs and dog attacks; impound or seize animals Planning - order to demolish or repair a building, remove advertising structures, comply with development consent conditions, ensure fire safety Building – use inspection and certification processes to ensure the technical engineering standards of the Building Code of Australia are met (which sets parameters on sustainability, safety, health and amenity) Environment – may issue noise abatement directions and penalty notices for noise pollution, waste dumping and other environmental breaches Health & safety – may issue improvement notices to premises, equipment or a food transport vehicle to be put into a clean and sanitary condition Parking – powers to issue penalty notices or parking fines Companion animals - notify owners who fail to mandatorily register or microchip their cats and dogs; power to issue penalty notices Building - prepare fire safety inspection reports of third party premises, to provide to the Commissioner of NSW Fire and Rescue. a Ashfield Local Environmental Plan 1985. Local regulatory instruments Unlike other jurisdictions in Australia, councils in NSW cannot make their own laws (ie, by-laws or ordinances). However, they are empowered to issue consent instruments attaching conditions of approval and make statutory instruments under various legislation with legal effect, such as: local approvals policies and local orders policies under the LG Act development control plans and local environmental plans under planning legislation. 18 IPART Regulation Review
2 Local government compliance and enforcement functions While the content of these instruments is limited to what is set out in the primary legislation, they can impose regulatory requirements or burdens on businesses and the community. Indeed, these burdens are potentially significant as these instruments can prescribe actions to a greater level of detail than the primary legislation. Local orders policies (LOPs) and local approvals policies (LAPs) are peculiar to NSW and worth further examination. 19 LOPs set out criteria for assessing whether a council will issue orders to individuals or businesses that are creating hazards, pollution or failing to comply with standards under the LG Act. Our preliminary research indicates that not many councils appear to utilise these policies. LAPs provide exemptions from the need for approval normally required under section 68 of the LG Act and outline criteria for those activities where approval is required. 20 These exemptions can relate to activities such as caravan use, erecting awnings, bin use, public footpath use, busking, street theatre, loudspeaker use, transportable food vans and community organising days. Notably, this potentially provides a means of reducing regulatory burdens on small business and the community by providing such exemptions. LAPs appear to automatically lapse 12 months after the poll for a general election is declared, unless adopted by the newly elected council. 21 Our preliminary research also indicates there are few LAPs currently in operation and that LAPs are not being used extensively to provide exemptions. Quasi-regulation Local government can also develop guidelines, policies or codes that are not generally legally binding. Usually these instruments are developed to assist councils to implement, and the community to understand, requirements under law (eg, guidelines for applying for a particular permit). Depending on how it is designed, this ‘quasi-regulation’ can potentially reduce or increase the regulatory burden faced by business and the community. A register of local government regulatory functions In recognition of the significant role that local government plays as a regulator, the PC has identified as a leading practice the establishment of a comprehensive list of local government regulatory functions. 22 19 Local Government Act 1993, sections 158 & 159. 20 Activities such as use of community land, managing waste, water supply works, sewerage or stormwater drainage works, public car parks, caravan parks, manufactured home estates, solid fuel heaters, etc. 21 Local Government Act 1993, section 165(4). 22 Productivity Commission, Performance Benchmarking of Australian Business Regulation: The Role of Local Government as Regulator, July 2012, Vol 1, p 82. Regulation Review IPART 19
Page 1: Independent Pricing and Regulatory
Page 4 and 5: © Independent Pricing and Regulato
Page 7: Error! No text of specified style i
Page 10 and 11: 1 Introduction ways of improv
Page 12 and 13: 1 Introduction In undertaking the r
Page 14 and 15: 1 Introduction NSW Planning System
Page 16 and 17: 1 Introduction In general terms, we
Page 18 and 19: 1 Introduction 4 Can you provide ex
Page 20 and 21: 1 Introduction Other issues 28 Do y
Page 22 and 23: 2 Local government compliance and e
Page 40 and 41: 3 Identifying reform opportunities
Page 58 and 59: 4 Estimating the impacts of recomme
Page 68 and 69: A Terms of Reference 60 IPART Regul

Regulation Review - IPART - NSW Government

Create successful ePaper yourself

Delete template?

Save as template?