Regulation Review - IPART - NSW Government

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2 Local government compliance and enforcement functions According to the PC, a complete, current and accessible list of local government regulatory functions would enhance understanding of local government regulatory responsibilities and compliance burdens placed on the community. This would assist state and local government in setting priorities and allocating resources. 23 As part of our review, we have engaged consultants Stenning & Associates to prepare a comprehensive register of NSW local government regulatory functions. This register is expected to be available on IPART’s website by early October. We encourage stakeholders to consult this register when preparing their submissions to this paper. IPART seeks comment 1 Local Approvals Policies (LAPs) can be used to provide exemptions from requiring approvals under the Local Government Act 1993. Should LAPs be used to provide more exemptions to reduce red tape? 2 We are developing a register of local government regulatory functions (available from IPART’s website by early October). How useful is this register? Would there be any benefit in maintaining the register as an ongoing resource? 2.3 The relationship between State and local government In NSW, the majority of local government’s regulatory functions are conferred under State Government legislation. Furthermore, there are numerous coordinating State agencies that local government has to deal with (see Box 2.1). Many of these agencies now fall within several super departments, but it appears they have their own status for regulatory purposes. Therefore, coordination between the 2 levels of government is important. This is recognised in the ToR for this review, which requires us to consider: …ways to improve governance of local government compliance and enforcement, including: • roles and responsibilities relative to NSW Government • interaction, consultation, and co-ordination with NSW Government. The sections below consider ways in which coordination and interaction between State and local governments can be enhanced. This includes ensuring there is a clear understanding of regulatory responsibilities, and the provision of assistance from State Government, where possible. 23 Ibid, pp 81-82. 20 IPART Regulation Review
2 Local government compliance and enforcement functions Box 2.1 NSW Government coordinating agenciesa Department of Planning and Infrastructure NSW Ministry of Health Roads and Maritime Services Division of Local Government, Department of Premier and Cabinet Department of Primary Industries NSW Food Authority Sydney Catchment Authority Forests NSW Office of Liquor, Gaming and Racing Division of Resources and Energy Biosecurity NSW Screen NSW NSW Fair Trading Office of Environment & Heritage Environment Protection Authority Land and Property Information Department of Attorney General and Justice a This list is preliminary and based on the 50 laws that the PC identified as being related to local government. It is likely that more agencies (or different agencies) will be identified in the register (due early October) that we are commissioning as part of this review. Source: Productivity Commission, Performance Benchmarking of Australian Business Regulation: The Role of Local Government as Regulator, July 2012, Volume 2, Appendix F as updated by IPART. 2.3.1 Clear definition of regulatory responsibilities and priorities The Victorian Competition and Efficiency Commission (VCEC) and the PC have both recognised the importance of clear articulation and guidance by state governments of regulatory priorities and responsibilities. This can help ensure that local government devotes sufficient resources to regulatory areas. It can also help ensure that regulatory activities are sufficiently coordinated and consistent between state and local governments and across councils. 24 24 Productivity Commission, Performance Benchmarking of Australian Business Regulation: The Role of Local Government as Regulator, July 2012, Vol 1, p 74. Victorian Competition & Efficiency Commission, Local Government for a Better Victoria: An Inquiry into Streamlining Local Government Regulation – Summary Report, August 2010, pp 32-34. Regulation Review IPART 21
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Regulation Review - IPART - NSW Government

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