Agenda of Governance Committee Meeting

Item No. 6.1

Agenda (Open Portion)

Governance Committee Meeting

Page 8

30/5/2017

REPORT TITLE: City of Hobart Employee Travel Plan

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to present the results of an employee travel survey undertaken in late 2016, and a subsequent analysis of the results along with the creation of an Employee Travel Plan for City of Hobart employees.

1.2. The employee travel plan has its basis in travel demand management. Travel demand management is an area of transport engineering which seeks to reduce the overall (perceived) negative impacts of travel systems. Negative impacts could include crowding on footpaths adjacent to a major sporting or cultural event or traffic (vehicle) congestion at peak hours during a normal day for example.

1.3 The Council’s Employee Travel Plan provides an opportunity to demonstrate to the community and businesses how travel demand management and travel behaviour change can be implemented with the City of Hobart being a leader in this area.

2. Report Summary

2.1. At its 21 March 2016 meeting, the Council considered a notice of motion from Alderman Zucco in relation to strategies to alleviate peak traffic issues.

2.2. The motion included the following clause:

The Hobart City Council administration canvas in consultation with staff developing a workplace travel plan for the council’s workforce.

2.3. In late 2016 Mott Macdonald were engaged by the City of Hobart to undertake an employee travel behaviour survey. The brief included analysing the results and producing an employee travel plan (attachment A) to guide the City of Hobart’s efforts to reduce the impacts employee travel has on the overall Hobart vehicle transport network.

2.4. As was expected the survey results show marked journey mode differences between key City employment sites – predominantly based on access to transport options and the work function of the site.

2.5. The employee travel plan recommended by consultants Mott Macdonald recommends the establishment of a Travel Plan Team within the City of Hobart to guide and oversee the implementation of an Action Plan to achieve the Travel Plans Objectives.

2.6. The Employee Travel Action Plan provides for a range of activities which are ongoing, immediate, short-term, medium-term and long-term.

2.7. The proactive approach of the Council in relation to this matter provides an opportunity to publically promote both the Employee Travel Plan as well as the Employee Travel Action Plan and to undertake a public launch involving Mott Macdonald’s Technical Director, Rose McArthur.

3. Recommendation

That:

1. The report be received and noted.

2. The Council undertake a launch of the City of Hobart Employee Travel Plan with the consultant at an approximate cost of $2000 and arrange for a suitable media release to be issued.

3. The City of Hobart Employee Travel Plan be published on the Council’s website.

4. Background

4.1. At its 21 March 2016 meeting, the Council considered a notice of motion from Alderman Zucco in relation to strategies to alleviate peak traffic issues.

4.2. The motion included the following clause:

The Hobart City Council administration canvas in consultation with staff developing a workplace travel plan for the council’s workforce.

4.3 In response to this motion, the Council engaged Mott Macdonald to undertake an employee travel behaviour survey. The brief provided to Mott Macdonald requested that they analyse the results of the survey and provide an employee travel action plan to guide the City of Hobart’s efforts to reduce the impacts employee travel has on the overall Hobart vehicle transport network.

4.3.1 The survey was completed by over 290 staff with good response rates from staff located at the Council Centre, Town Hall, Tasmanian Travel and Information Centre, Bushland Depot and Mathers House.

4.4 The survey sought responses to a range of questions, including employee start and finish times; approximate travel distance from home to work; mode of travel to and from work; and consideration of alternate modes of travel for personal and business purposes.

4.5 There were a number of interesting findings from the survey, including:

Private vehicles make up the largest mode share at 28% of all trips, but there is a diverse mix of travel modes amongst staff based at the Council Centre.

Council Centre and Town Hall employees, who tend to commence work between 7.00am and 9.00am, have a high degree of access to public transport and relatively good access to bicycle facilities and have a much lower proportion of private motor vehicle as a journey-to-work mode.

4.6 The survey results indicate that the travel to work behaviours of Council staff employed in the CBD show strong support for walking, cycling, public transport and car pooling as the main methods of the journey to work.

In contrast, Cleary’s Gates depot staff have a high proportion of private motor vehicle as the journey-to-work transport mode which is easily explained given the normal work commencement time of crews is between 5.00am and 7.00am, the lack of public transport options available to the site and the home location of employees.

4.7 The employee survey also asked employees whether they would change their mode of travel. The response to this aspect of the survey was positive, if:

There was improved service frequencies of public transport;

There were discounts for using public transport services;

There was an ability to work flexible hours or work from home.

4.8 Staff also indicated that they were willing to consider car pooling/sharing.

4.9 The employee travel plan provided by Mott Macdonald recommends the establishment of a Travel Plan Team (TPT) within the Council to guide and oversee the implementation of an Action Plan to achieve the Travel Plan Objectives.

4.10 The Employee Travel Action Plan (attachment B) provides for a range of activities which are ongoing, immediate, short-term, medium-term and long-term and was workshopped with the Council’s Executive Leadership Team and a number of other employees from Human Resources, Parking, Traffic Engineering and Employee Wellness.

4.11 Key actions within the Plan include, the promotion of transport options and end-of-trip- facilities, Greencard initiatives, a review of the flexible working policy, bike/public transport strategies and working with the State Government and public transport operators.

5. Proposal and Implementation

5.1. This report recommends that the Council’s administration implement the Action Plan contained in the City of Hobart’s Employee Travel Plan. Oversight of the implementation of the action plan would be provided by an internal Travel Plan Team (TPT) with staff members drawn from appropriate areas of Council.

5.2. It is also recommended that the Council produce a media release in relation to the report and undertake a launch of the Travel Plan with the consultant responsible for the report.

6. Strategic Planning and Policy Considerations

6.1. The implementation of a Travel Plan for City of Hobart employees is an action that would further the 2025 Community Vision. In 2025 Hobart will be a city that is highly accessible through efficient transport system.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. If the Council supports a public launch of the Travel Plan involving Mott Macdonald’s Technical Director, Rose McArthur, it is anticipated that the cost of airfares, accommodation etc would be in the vicinity of $2000.

7.1.2. The establishment of the TPT is an officer time resourcing issue and is possible to achieve from existing staff positions.

7.2. Impact on Future Years’ Financial Result

7.2.1. The impact of future years’ financial results is unknown at this stage – but would be dependent upon the extent to which some of the measures were pursued.

7.3. Asset Related Implications

7.3.1. The asset improvements fall into two categories, building improvements to provide employee change and locker facilities at some employment locations and network improvements to improve public transport, bicycle and walking facilities in the public domain.

7.3.1.1. Public domain improvements are already foreshadowed in the City’s 10 year capital works program.

7.3.1.2. Internal building improvements could form part of future building refurbishment and maintenance programs.

8. Legal, Risk and Legislative Considerations

8.1. There are no apparent legal, risk or legislative considerations at this time.

9. Environmental Considerations

9.1. The measures considered for promotion to employees are generally seen to have positive environmental outcomes.

10. Social and Customer Considerations

10.1. Promoting employee journey to work alternatives which can assist in reducing road network congestion at peak hours would be considered to be appealing to the wider Hobart Community.

11. Marketing and Media

11.1. Should the Council adopt the recommendation, appropriate media and communications would occur.

11.1.1. As part of the City of Hobart Workplace Travel Demand Management consultancy, Mott Macdonald will provide their technical director, Rose McArthur, to present the findings.

11.1.2. This approach could also allow for a public presentation of the work to the invited group of external parties who attended Rose’s Travel Demand Management talk in 2016.

12. Community and Stakeholder Engagement

12.1. The key stakeholders, City of Hobart employees, have been made aware of the project and with almost 300 survey responses received; it is assumed there will be some interest in the release of the findings.

12.1.1. The draft Action plan has been communicated with City of Hobart employees. Four comments were received from employees, three of which were highly supportive of the Action Plan.

13. Delegation

13.1. The delegation for an Employee Travel Plan rests with the General Manager in regards to its operational nature within the organisation and its relationship to the existing Employee Health and Wellness program.

13.2. The delegation for an appropriate media communications in relation to this matter as identified rests with the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

N.D Heath

General Manager

Date: 25 May 2017

File Reference: F17/40952

Attachment a: City of Hobart Employee Travel Plan ⇩

Attachment b: City of Hobart Employee Travel Action Plan ⇩

Item No. 6.3

Agenda (Open Portion)

Governance Committee Meeting

Page 92

30/5/2017

REPORT TITLE: Local Government Association of Tasmania - 2017 Meritorius Service Award

REPORT PROVIDED BY: Group Manager City Government and Customer Relations

1. Report Purpose and Community Benefit

1.1. The Local Government Association of Tasmania (LGAT) and the Life Members of the Association have invited Councils to consider nominating elected representatives who have contributed exceptional service to local government for the 2017 Meritorious Service Award (the Award)

1.2. The Meritorious Service Award promotes the recognition of outstanding performance amongst elected representatives within the local government industry.

1.3. Nominations for the Award are also open to members of the community.

2. Report Summary

2.1. The Award recognises the efforts of elected representatives who make a demonstrable contribution to local government in one or more of the following areas:

· Introduction of a significant new or amended policy

· Innovation

· Entrepreneurship

· New or improved services

· Improved structural or operational outcomes or

· Engagement and consultation

3. Recommendation

That:

1. Consideration be given to nominating Aldermen for the 2017 Meritorious Service Award, in accordance with the Award guidelines shown at attachment A.

4. Background

4.1. The annual Award which is presented by the Life Members of the Local Government Association of Tasmania, was introduced in 2011 to recognise exceptional service to Tasmanian Local Government by an elected member.

4.2. The Award focuses on nominee’s achievements during the last six years, rather than their length of service, and is intended to give recently elected councillors recognition, together with those with longer service.

5. Proposal and Implementation

5.1. The guidelines require nominees to have been an elected member of a Tasmanian council at any time between the period 1 January, 2015 to 1 January, 2017.

5.2. Nominations must be based upon achievements since 1 January, 2011.

5.3. Achievements may be within a municipal area, or at a regional or statewide level.

5.4. The guidelines also enable determination of the Award posthumously.

5.5. The award winner will be announced at the LGAT Annual Conference Dinner on Thursday, 27 July 2017. The winner will receive a trophy and $300 from the Life Members of the Association to donate to their preferred charity.

5.6. Entries must be received by LGAT by 5pm on Monday 19 June, 2017.

5.7. Details of the Awards are available on the Council’s website to facilitate community nominations.

6. Financial Implications

6.1. Funding Source and Impact on Current Year Operating Result

6.1.1. No financial implications arise from this matter.

7. Legal, Risk and Legislative Considerations

7.1. No implications arise from the proposal

8. Delegation

8.1. The endorsement of nominees would require determination by the Council.

M_johns_adobe signature

Margaret Johns

Group Manager City Government and Customer Relations

Date: 25 May 2017

File Reference: F17/53270

Attachment a: LGAT - Meritorious Award ⇩

Item No. 6.4

Agenda (Open Portion)

Governance Committee Meeting

Page 98

30/5/2017

REPORT TITLE: Review of By Laws

REPORT PROVIDED BY: General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to present a new set of draft by-laws for Council approval, prior to a public consultation process. The drafts have been developed as part of a legislatively-defined review process, which has included a high level of input from all relevant Council staff.

1.2. Local Government by-laws essentially regulate a range of areas of Council activity not covered by legislation. While providing the General Manager, and authorised officers and/or authorised persons, with clear guidance in exercising their regulatory responsibilities, the by-laws ensure protections for Council’s assets and for the community, as well as providing an enabling environment for the community to safely engage in a diversity of activities.

1.3. By-law reviews provide the opportunity to update the by-laws in line with changing community expectations, and changes in the Council’s community objectives and outcomes that occur quite naturally over a ten year period, as well as changes in the external environment such as new legislation.

2. Report Summary

2.1. The Council has the power to create by-laws under section 145 of the Local Government Act 1993 (‘the Act’). Furthermore, Section 155 of the Act provides that:
‘A by-law, whether later amended or not, expires 10 years after the date on which it takes effect unless it is expressed to expire sooner.’

2.2. There is a clearly defined but involved process for reviewing by-laws, which requires a long lead-time to complete, and must be closely followed.

2.2.1. Strict timeframes apply to a number of the 20 steps involved in this process.

2.3. The following five of the Council’s six by-laws are due for review in 2018.

2.3.1. Car Parks and Parking (20 August); Highways (27 August); Hydraulics (27 August); Parks, Recreation and Natural Areas (10 September); and Health and Environmental Services (29 October).

2.4. Given the complex and detailed nature of the review process, work commenced in January 2016 with advice to the Executive Leadership Team (ELT) that these five by-laws were due for review in 2018. Simmons Wolfhagen was engaged to work with the Council in the review process and to draft the by-laws. A comprehensive internal stakeholder engagement process, involving 47 Council officers, has been undertaken thus far.

2.5. The completion of the entire process is anticipated to be in April/May 2018, well ahead of the expiry timeframes noted above.

2.6. There has been a strong focus on eliminating duplication of other relevant legislation in the by-laws.

2.7. A number of deficiencies in the Urban Drainage Act 2013 have been identified through the staff consultation process, and it is proposed that the Council lobby the Tasmanian Government to review this legislation in order for these deficiencies to be addressed.

2.8. Deliberate efforts have also been made to reduce bureaucracy and roadblocks, and to create an enabling environment for the community to safely engage in and develop a diversity of activities.

2.9. Some significant changes are recommended, including combining either whole or partial elements of existing by-laws; the separation of one by-law into two; and the renaming of one of the by-laws to better reflect its content.

2.10. Strong consideration has been given to ensuring consistency across all by-laws, not only in terms of their format, but more importantly consistency across delegations, offences and penalties in terms of their relativities.

2.11. The proposed by-laws are Public Spaces; Infrastructure; Car Parks; Environmental Health; and Waste Management.

2.12. The next stage in the process is to seek input from external stakeholders on the drafts.

2.12.1. Once this is undertaken, the by-laws will be modified as appropriate and re-presented to the Council, which will be requested to pass a formal resolution (by an absolute majority) of its intention to make a by-law.

3. Recommendation

That:

1. The Council approve the following draft by laws – Public Spaces; Infrastructure; Car Parks; Environmental Health; and Waste Management, provided respectively at Attachments A to E, prior to a public consultation process, noting that drafts will not be finalised until the review process is fully undertaken.

2. The Council lobby the State Government for a review of the Urban Drainage Act 2013, in order for a number of deficiencies in the Act identified in the staff consultation process, to be addressed.

4. Background

4.1. The Council has the power to create by-laws under section 145 of the Local Government Act 1993 (‘the Act’). Furthermore, Section 155 of the Act provides that:
‘A by-law, whether later amended or not, expires 10 years after the date on which it takes effect unless it is expressed to expire sooner.’

4.2. There is a clearly defined but involved process for reviewing by-laws, which requires a long lead-time to complete, and must be closely followed.

4.2.1. There are 20 steps in the process, which are detailed in Section 5 of this report.

4.2.2. Strict timeframes apply to many of the elements in this process.

4.3. The following five of the Council’s six by-laws are due for review in 2018.

4.3.1. Car Parks and Parking (20 August); Highways (27 August); Hydraulics (27 August); Parks, Recreation and Natural Areas (10 September); and Health and Environmental Services (29 October).

4.4. Given the complex and detailed nature of the review process, work commenced with advice to ELT in January 2016. Simmons Wolfhagen was engaged to work with the Council in the review process and to draft the by-laws. A comprehensive internal stakeholder engagement process, involving 47 Council officers, has been undertaken to date.

4.4.1. Staff engagement, which commenced in April 2016, has involved workshops and feedback sessions for each by-law with numbers ranging from two to 23 staff involved in each session, depending on the by-law.

4.4.2. The first round of workshops engaged staff who either have a particular interest in the by-law, and/or actively use the relevant by-law as part of their day to day work. These workshops provided the opportunity to identify issues and/or gaps in the by-laws.

4.4.3. The purpose of the second round of workshops was to seek feedback on each of the draft by-laws from the same groups of staff.

4.4.4. Ten additional meetings have been held with relevant officers on particular issues relating to four of the by-laws, with a small number of 1:1 email follow-ups.

4.4.5. Overall, there has been a very high level of engagement and commitment by officers to the task at hand, with some very thoughtful consideration given to a range of issues that have arisen during this initial staff engagement phase.

4.5. The completion of the entire process is anticipated to be in April/May 2018, well ahead of the expiry dates noted above.

4.6. Deliberate efforts have been made to eliminate duplication of other relevant legislation in the by-laws. A range of legislation, some of which has been enacted in the intervening period, has been carefully scrutinised to ensure that there is nothing in the proposed by-laws that is covered in other legislation.

4.7. As part of this process, a number of deficiencies in the Urban Drainage Act 2013 have been identified through consultation with staff, and it is proposed that the Council lobby the Tasmanian Government to review this legislation in order for these deficiencies to be addressed.

4.8. In response to changed community expectation and changed community behaviour, deliberate efforts have also been made to reduce bureaucracy and roadblocks where possible, and to provide an enabling environment for the community to safely engage in and develop a diversity of activities.

4.9. Some significant changes are recommended, including:

· taking ‘use’/ activation aspects out of the Highways By-law and combining them with the current Parks, Recreation and Natural Areas By-law to create a new Public Spaces By-law;

· combining the residual / technical elements of the current Highways By-law with one element in the current Hydraulics By-law to create a new Infrastructure By-law;

· separating the environmental health and waste management elements in the current Health & Environmental Services By-law to create two separate by laws; and

· renaming the current Car Parks and Parking By-law to better reflect its content.

4.10. Strong consideration has been given to ensuring consistency across all by-laws, not only in regard to their format, but more importantly consistency across delegations, offences and penalties in terms of their relativities, noting that the current value of one (1) penalty point is $157.00.

4.11. The proposed by-laws are Public Spaces (Attachment A); Infrastructure (Attachment B); Car Parks (Attachment C); Environmental Health (Attachment D); and Waste Management (Attachment E).

4.12. In terms of consistency of presentation and content, all by-laws begin with a Table of Contents, and have a Preliminary ‘Part’, detailing definitions of terms in the respective by-law. Each has Recovery of Costs, Infringement Notices, and Enforcement ‘Parts’, with common content across all by-laws. Finally, each finishes with a Schedule detailing penalties for each identified infringement notice offence relevant to each by-law.

4.13. Public Spaces By-law

4.14. The draft Public Spaces By-law is a new by-law, which governs positive use of public spaces through activation and also restricts behaviour that is unacceptable in public spaces.

4.15. Essentially, it combines the current Parks, Recreation and Natural Areas By-law, with the ‘use / activation’ elements in the current Highways and Car Parks and Parking By-laws, and comprises the following specific ‘Parts ‘ – Activation of Public Spaces, which includes occupation licences and signboards, Protection of Public Spaces, Prohibitions in Public Spaces, Marinas and Jetties, and Cycleways.

4.16. The primary reason for creating one by-law to address these types of issues throughout Hobart is for consistency. The existing by-laws are not always consistent in their approach to behaviour in public places.

4.17. The definition of ‘public spaces’ is comprehensive but clear.

4.18. The draft has clear protection and prohibition clauses, which are critical to protect the Council’s extensive public space assets, but it also has an enabling focus with ‘use / activation’ connected to requirements for permits with clearly defined terms and conditions.

4.19. This reflects the changed community expectation relating to more diverse use of public space, as well as the changed use that has evolved in recent times, with activities including the Hobart Food Trucks initiative and markets in parks.

4.20. The behaviour on defined cycleways is clearly articulated, and the definition of malls has been expanded.

4.21. Consideration was also given to review the Salamanca Market By-law, which will expire in 2020, with the purpose of potentially integrating it into the Public Spaces By-law. However, given the review of Market Stallholder Licences that is currently underway, it is not considered an appropriate time to do the work required for potential integration into this new by-law.

4.21.1. It will however be considered when the review process commences for the Salamanca Market By-law before it expires in 2020.

4.22. Infrastructure By-law

4.23. The draft Infrastructure By-law, which essentially includes the technical aspects of the current Highways By-law and the ‘watercourse’ element of the current Hydraulics By-law, comprises the following specific ‘Parts’ – Prohibitions on a Highway, Works within a Highway, and Watercourses.

4.24. Substantial changes include:

· a permit for works in a highway is only required if a permit has not already been issued pursuant to the Land Use Planning and Approvals Act 1993 – this ensures that there is no doubling up of “red tape”;

· the circumstances in which a permit is required for works within a highway have been expanded to cater for scenarios which were not previously covered by the relevant legislation or the existing by-law (such as works which do not break the surface of the highway);

· the by-law contains a requirement for health and safety, traffic management and public liability insurance to be provided prior to any works being done in a highway;

· the ability to activate spaces within a highway is now addressed in the draft Public Spaces By-law, except for the occupation of highways for technical reasons, for example use of cranes or other vehicles, or the division of a highway to exclude the public temporarily while works are being carried out; and

· the provisions regarding generally unacceptable behaviour have either been moved to the draft Public Spaces By-law or deleted where they are inconsistent with the Police Offences Act 1935.

4.25. The consultation process with staff in the Traffic, Roads and Environmental Engineering Units has been very comprehensive and there has been a strong level of engagement with the process with a number of officers providing very detailed responses and suggestions regarding this proposed integrated by-law.

4.26. The process identified a number of issues, which were mostly related to new legislation; changes to existing legislation; as well as planning scheme changes.

4.27. Highways-related issues, although taking some time to work through, have largely been resolved.

4.28. However, hydraulics-related matters are more complex.

4.29. Advice from Simmons Wolfhagen indicates that the Hydraulics By-law is no longer required in its entirety, given the changes to water and sewer service provision responsibilities and the introduction of the Water and Sewerage Industry Corporation Act 2008, Urban Drainage Act 2013, and Building Act 2016, over the previous ten years. However, the issues relating to watercourses are not covered sufficiently in these pieces of legislation, the Hobart Interim Planning Scheme, or the proposed Statewide Planning Scheme.

4.29.1. This element is therefore included in the Infrastructure By-law, rather than maintaining a Hydraulics By-law containing only one element.

4.30. There is a need for staff to adjust their practices and to exercise their powers under legislation introduced over the life of the current by-law. It would seem however, that the Urban Drainage Act (UDA) 2013, which is supposed to ‘cover the field’ with respect to stormwater, has some deficiencies - powers relating to the control and management of discharges to the stormwater system, being but one example.

4.31. It is proposed therefore that the State Government be lobbied requesting an urgent review of the UDA to address these deficiencies.

4.32. In addition, there is a residual concern that the TasWater responsibility for the rectification of private water and sewerage matters, is not accepted by TasWater.

4.32.1. It is not proposed that this be addressed through a provision in the by-law; it may however be appropriate and/or necessary to address this through alternative means, including a recommendation to review the legislation and/or direct communication with TasWater.

4.33. Unless these deficiencies are addressed, there is likely to be a perceived reduction in service levels, which the community is not likely to accept.

4.34. Car Parks By-law

4.35. The draft Car Parks By-law comprises a General Provisions ‘Part, as well as two other specific ‘Parts’ - Parking in Car Parks and Miscellaneous.

4.36. Substantive changes include:

· the reference to CCTV and Licence Plate Recognition (LPR) technology as being a standard condition for use of Council car parks and introducing this as a means of determining the appropriate parking fee where tickets have been lost;

· introducing the ability to charge people who move their vehicles in and out of car parks to take advantage of free parking periods – informally known as ‘turnaround’ parking;

· extending enforcement measures where land that has been declared to be a temporary car park, such as the Regatta Grounds, yet cars remain parked on the land beyond that time;

· extending enforcement measures for abandoned vehicles;

· the ability to activate spaces within a car park now been addressed in the draft Public Spaces By-law; and

· the provisions regarding generally unacceptable behaviour have either been moved to the draft Public spaces By-law or deleted where they are inconsistent with the Police Offences Act.

4.37. Environmental Health By-law

4.38. Currently part of the Health and Environmental Services By-law, which also includes waste management, these two elements have been separated into two individual by-laws to reflect two distinctly different functions.

4.39. This draft comprises the following specific ‘Parts’ – Control of animals and Caravans.

4.40. Substantive changes include:

· the part concerning ‘accommodation houses’ has been removed, since this is now addressed by restrictions in the planning and building context;

· the clauses relating to the keeping of bees that were recently inserted into the existing by-law have been replicated; and

· further minor changes were made to ensure consistency other by-laws and Tasmanian legislation.

4.41. Waste Management By-law

4.42. Currently part of the Health and Environmental Services By-law, which also includes environmental health, these two elements have been separated into two individual by-laws to reflect two distinctly different functions.

4.43. Substantive changes include:

· language has been changed to reflect contemporary terminology, for example ‘waste depot’ is now named ‘waste management centre’;

· there is a broader and more detailed definition of ‘wheelie bin’ and there are now definitions for ‘green waste’ and ‘domestic waste’, all of which reflects changed practices in waste management over the life of the current by-law, as well as changes in community expectation;

· simplification and streamlining – the previous by-law addressed general waste and recycling separately;

· the introduction of green waste / bins;

· the requirements to only use those wheelie bins which have been allocated to the property have been strengthened, in an attempt to limit or reduce the costs associated with replacement of missing / stolen bins;

· the penalties have been adjusted to reflect the impact of breaches, for example disposing of controlled waste etc inappropriately;

· the introduction of containers or bins for commercial collections as a way to properly control spillage and clean-up costs;

· altered the requirements for commercial collections to ensure that paths are kept clear for pedestrian access and are not left for longer than necessary; and

· the removal of some clauses which are addressed by the Litter Act.

5. Proposal and Implementation

5.1. It is proposed that the by-laws attached to this report, specifically Public Spaces; Infrastructure, Car Parks; Environmental Health, and Waste Management, be endorsed in their draft form.

5.2. It is further proposed that approval be given to continue the implementation in line with legislatively defined review process, as summarised below.

5.2.1. Release of the drafts for external stakeholder feedback.

5.2.2. Potential amendment to the by-laws, depending on any submissions received through external stakeholder consultation.

5.2.3. Submission of a further report to the Council with (potentially) amended by-laws and any submissions received, recommending a formal resolution (by an absolute majority) of the Council’s intention to create a by-law.

5.2.4. Preparation of Regulatory Impact Statements (RIS) for each by-law.

5.2.5. Submission of the by-laws and RIS to the Director of Local Government. Once approved by the Director, the Council would be advised and would then be able to give notice of the proposed by-laws for public consultation through appropriate advertising channels.

5.2.6. Depending on the responses to this public consultation process, further amendments to the by-laws may be required however, and resubmission to the Council will be necessary regardless.

5.2.7. Once satisfied, the Council would make the by-laws under its common seal.

5.2.8. A range of administrative actions that have defined timeframes are then required, including publishing the by-laws in the Tasmanian Government Gazette and tabling them in Parliament, with the final action requiring the Council to send sealed copies of the by-laws to the Director of Local Government.

5.3. It is anticipated that this process will be fully completed by April/May 2018, well before the expiry dates of all the by-laws due for review.

6. Strategic Planning and Policy Considerations

6.1. While all Council by-laws only have a legislative life of ten years and are required to be reviewed through a legislatively-defined and detailed process, undertaking this process with high levels of internal and external stakeholder engagement and transparency strongly demonstrates the City of Hobart’s commitment to excellence in governance, as articulated in Goal 5 of the Capital City Strategic Plan 2015 – 2025.

6.2. By-laws also play an important role in providing a platform and/or support for strategic and policy decisions in a range of activity areas in which the Council is involved.

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. The most significant cost relates to retaining Simmons Wolfhagen to participate in the review process and draft the by-laws, however these costs have been included in the relevant budget in the 2015/16 and current financial years.

7.2. Impact on Future Years’ Financial Result

7.2.1. These will be quantifiable to a certain extent. The offences and associated penalties and fines have all been reviewed as part of the process, and are now both contemporary and consistent across all by-laws.

7.3. Asset Related Implications

7.3.1. This applies only in so far as the by-laws deal with this through the protection of Council assets.

8. Legal, Risk and Legislative Considerations

8.1. These have been dealt with through the body of the report.

9. Environmental Considerations

9.1. These have been considered as part of the review process, where relevant.

10. Social and Customer Considerations

10.1. These have been highlighted through the body of the report.

11. Community and Stakeholder Engagement

11.1. This has been articulated through the body of the report.

12. Delegation

12.1. The Council has delegation for this matter, at this stage in the by-laws review process.

N.D Heath

General Manager

Date: 25 May 2017

File Reference: F17/50295

Attachment a: Draft Public Spaces By-law ⇩

Attachment b: Draft Infrastructure By-law ⇩

Attachment c: Draft Car Parks By-law ⇩

Attachment d: Draft Environmental Health By-law ⇩

Attachment e: Draft Waste Management by-law ⇩

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