City
of hobart
AGENDA
City Infrastructure Committee Meeting
Open Portion
Wednesday, 20 February 2019
at 4:00 pm
Lady Osborne Room, Town Hall
THE MISSION
Our mission is to ensure good governance of our capital City.
THE VALUES
The Council is:
about people |
We value people – our community, our customers and colleagues. |
professional |
We take pride in our work. |
enterprising |
We look for ways to create value. |
responsive |
We’re accessible and focused on service. |
inclusive |
We respect diversity in people and ideas. |
making a difference |
We recognise that everything we do shapes Hobart’s future. |
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Agenda (Open Portion) City Infrastructure Committee Meeting |
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Business listed on the agenda is to be conducted in the order in which it is set out, unless the committee by simple majority determines otherwise.
APOLOGIES AND LEAVE OF ABSENCE
1. Co-Option of a Committee Member in the event of a vacancy
3. Consideration of Supplementary Items
4. Indications of Pecuniary and Conflicts of Interest
6.1 Single-Use Plastics By-law and Regulatory Impact Statement
7. Committee Action Status Report
7.1 Committee Actions - Status Report
9. Closed Portion Of The Meeting
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Agenda (Open Portion) City Infrastructure Committee Meeting |
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City Infrastructure Committee Meeting (Open Portion) held Wednesday, 20 February 2019 at 4:00 pm in the Lady Osborne Room, Town Hall.
COMMITTEE MEMBERS Denison (Chairman) Lord Mayor Reynolds Zucco Briscoe Behrakis
NON-MEMBERS Deputy Lord Mayor Burnet Sexton Thomas Harvey Dutta Ewin Sherlock |
Apologies:
Leave of Absence: Nil.
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The minutes of the Open Portion of the City Infrastructure Committee meeting held on Wednesday, 21 November 2019, the Special City Infrastructure Committee meeting held on Monday, 17 December 2018, and the Special City Infrastructure Committee meeting held on Monday, 21 January 2019, are submitted for confirming as an accurate record.
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Ref: Part 2, Regulation 8(6) of the Local Government (Meeting Procedures) Regulations 2015.
That the Committee resolve to deal with any supplementary items not appearing on the agenda, as reported by the General Manager.
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Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.
Members of the Committee are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Committee has resolved to deal with.
Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.
A Committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.
In the event that the Committee transfer an item to the closed portion, the reasons for doing so should be stated.
Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?
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6.1 Single-Use Plastics By-law and Regulatory Impact Statement
Report of the General Manager and the Director City Planning of 15 February 2019 and attachments.
Delegation: Council
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REPORT TITLE: Single-Use Plastics By-law and Regulatory Impact Statement
REPORT PROVIDED BY: General Manager
Director City Planning
1. Report Purpose and Community Benefit
1.1. The purpose of this report is to present the Single-use Plastics By-law (‘the by-law’) and accompanying regulatory impact statement to the Council.
1.2. The report reiterates previously reported outcomes of external stakeholder consultation with regard to the proposal to restrict the use of single-use plastic takeaway food packaging.
1.3. The report recommends that the Council formally resolve its intention to make the by-law, which is the next stage in the legislated process.
1.4. The report also outlines the process for implementation and promotion of the by-law leading up to an enforcement target date of late 2020.
1.5. The community benefit of by-laws generally are that they allow for regulation of areas of council activity not covered by legislation. This by-law provides an opportunity for the Council to address community expectation in one area of waste avoidance, and is designed to minimise the littering of harmful products by restricting their availability.
2. Report Summary
2.1. At its meeting on 7 August 2017, the Council resolved to amend the draft Environmental Health By-law 2018 for the purposes of restricting the use of single-use plastic takeaway food packaging. Legal advice suggested that given the nature and public profile of the proposed regulation, it was worthy of establishment as a by-law in its own right.
2.2. To avoid public confusion, the project team determined not to proceed with presenting the draft Single-use Plastics By-law until the Council’s review of 6 other by-laws had been completed and those by-laws made.
2.3. During the course of 2018, the project team took the opportunity to undertake wide ranging consultation on the proposal and to conduct a range of other complimentary activities.
2.4. An online community survey was conducted in February and March 2018 to which 2,923 responses were received. The survey sought feedback on community support for a ban and asked questions about choices and behaviours.
2.5. A face-to-face business survey was completed by a University of Tasmania master’s degree student over the summer period ending March 2018. This survey examined current knowledge, attitudes and perceptions of takeaway food business operators in Hobart and the reasons why they choose certain types of packaging products.
2.6. Simmons Wolfhagen was engaged to work with the project team (comprised of council officers from legal and governance, cleansing and solid waste and environmental health), to draft the by-law. The by-law is included as Attachment A.
2.7. Due to the high profile nature of this by-law and the desire to fully inform Council and the community of the potential impacts, the project team engaged a consultant to prepare the regulatory impact statement at this preliminary stage. The regulatory impact statement is included as Attachment B.
2.8. Provided it is satisfied with the by-law presented with this report, the Council is required to pass a formal resolution of its intention to make a by-law. The Council-approved by-law and regulatory impact statement will then be provided to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.
That: 1. The Council resolve (by absolute majority) of its intention to make the Single-use Plastics By-law. 2. The Council delegate authority to the General Manager to present the Single-use Plastics By-law and Regulatory Impact Statement to the Director of Local Government for a certificate of approval, pursuant to section 156A of the Local Government Act 1993. 3. Subject to a certificate of approval from the Director of Local Government, the Council delegate authority to the General Manager to give notice of the proposed by-law in order to advertise a formal public consultation process, whereby the by-law and associated regulatory impact statement are made available to the public for inspection and comment.
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4. Background
4.1. The Council has the power to create by-laws under section 145 of the Local Government Act 1993.
4.2. At its meeting on 7 August 2017, the Council resolved to amend the draft Environmental Health By-law 2018 for the purposes of restricting the use of single-use plastic takeaway food packaging. Legal advice suggested that given the nature and public profile of the proposed regulation, it was worthy of establishment as a by-law in its own right.
4.3. To avoid public confusion, the project team determined not to proceed with presenting the draft Single-use Plastics By-law until the Council’s review of 6 other by-laws had been completed and those by-laws made. This process was completed in October 2018.
4.4. During the course of 2018 the project team took the opportunity to undertake wide ranging consultation on the proposal and to conduct a range of other complimentary activities.
4.5. An online community survey was conducted in February and March 2018 to which 2,923 responses were received. The survey sought feedback on community support for a ban and asked questions about choices and behaviours. Results indicated that;
4.5.1. 96% of respondents do not think it is appropriate to use single-use plastics.
4.5.2. 69% make choices about where to buy takeaway food based on packaging options on offer.
4.5.3. 90% are happy to pay more to ensure sustainable packaging is used, and 45% are happy to pay between 2-5% more.
4.5.4. A statewide law was rated the most effective way to reduce single-use packaging, with 58% of respondents selecting this option above a local by-law or an educational approach.
4.6. A face-to-face business survey was completed by a University of Tasmania master’s degree student over the summer period ending March 2018. This survey examined current knowledge, attitudes and perceptions of takeaway food business operators in Hobart and the reasons why they choose certain types of packaging products.
4.6.1. The majority of respondents agreed that single-use packaging is unsustainable and has a negative impact on the environment.
4.6.2. Businesses explained that they choose products predominantly based on functionality rather than affordability.
4.6.3. Most businesses indicated that they would prefer to see a statewide ban over a local by-law to reduce single-use packaging.
4.6.4. Weekly volumes of usage of a range of products including cups, cutlery and lids, could be as high as 73,628 units produced by under a quarter of Hobart’s identified 152 predominantly takeaway food businesses.
4.7. The City also engaged with the Local Government Association of Tasmania (LGAT) to raise the issue within and to survey the local government sector. The sector voted in July for a City of Hobart motion asking for LGAT to lobby the State Government to commit to legislating to phase out single-use plastics across the State.
4.8. City officers have conducted significant research into replacement products, suppliers, costs and relevant certifications of compostability. A database of suitable products has been developed and was trialled at the Taste of Tasmania 2017-18. The database will continue to be refined and expanded, and be made available to businesses and the public to assist them to make informed choices when purchasing suitable products that will comply with the Single-use Plastics By-law.
4.9. City officers have also used the Poolside Café at the Doone Kennedy Hobart Aquatic Centre as a test case to determine what is involved for businesses making the transition away from single-use products.
4.10. Simmons Wolfhagen was engaged to work with the project team (comprised of council officers from legal and governance, cleansing and solid waste and environmental health), to draft the by-law. The by-law is included as Attachment A.
4.10.1. The by-law is made to prevent the provision by retailers of certain plastic food packaging.
4.10.2. The by-law defines food packaging as ‘any container which is used to carry food from a retailer’s premises to the point where the food is consumed…’
4.10.3. The by-law defines plastic as ‘a material that contains large molecular weight organic polymeric substances as an essential ingredient, but does not include plastic which is compostable’.
4.10.4. The by-law defines a single-use product as ‘a product that is not conceived, designed or placed on the market to accomplish, within its lifespan, multiple use by being returned to the retailer for refill or re-use for the same purpose for which it was conceived’.
4.10.5. The by-law does not apply to food packaging which has been certified by the Australasian Bioplastics Association or a similar organisation, as complying with any of the following; Australian Standard 4736-2006, European Standard EN13432 or United States of American standard D6400.
4.10.6. The by-law describes the offence as the provision of food packaging which is wholly or partly comprised of plastic, and is a single-use product.
4.10.7. In order to be consistent with other laws, the by-law makes no reference to plastic bags.
4.10.8. The by-law does not prevent customers from bringing their own plastic containers to retailer’s premises for filling.
4.11. Due to the high profile nature of this by-law and the desire to fully inform Council and the community of the potential impacts, the project team engaged a consultant to prepare the regulatory impact statement at this preliminary stage. The regulatory impact statement is included as Attachment B.
4.12. The findings of the regulatory impact statement are that the impacts on business and restriction of competition are not considered to be significant, and that the direct and indirect economic, social and environmental impacts are far more positive than adverse.
4.13. Provided it is satisfied with the by-law presented with this report, the Council is required to pass a formal resolution of its intention to make a by-law. The Council-approved by-law and regulatory impact statement will then be provided to the Director of Local Government for a certificate of approval pursuant to section 156A of the Local Government Act 1993.
5. Proposal and Implementation
5.1. It is proposed that the Council approve the Single-use Plastics by-law attached to this report and resolve its intention to make the by-law. If not resolved by absolute majority, the by-law will be invalid.
5.2. Once approved by the Director of Local Government, the Council will then be able to give notice of the proposed by-law for formal public consultation through the appropriate channels.
5.3. Further amendments may be required following the consideration of all responses. Once satisfied, Council is required to make the by-law under its common seal.
5.4. A range of administrative actions that have defined timeframes are then required, including publishing the by-law in the Tasmanian Government Gazette and tabling it in Parliament, with the final action requiring the Council to send sealed copies of the by-laws to the Director of Local Government.
5.5. Implementation of this by-law will be staged in order to maximise stakeholder engagement and understanding and strongly root the culture change required to make the by-law effective.
5.5.1. Once the by-law is made, meaningful engagement with wholesale and retail suppliers of all types of packaging will commence. It is expected that the by-law will generate innovation in product development.
5.5.2. Where appropriate, focus groups will be established in order to test out certain packaging requirements and problem solve solutions to be shared with others.
5.5.3. Affected businesses will receive an information pack or ‘toolkit’ explaining how to achieve compliance. The kit will include a list of replacement products and suppliers.
5.5.4. Affected businesses will be offered support during the transition to compliance phase.
5.5.5. It is intended that Salamanca Market be a visible flagship for the new by-law and as such stallholders will be a key stakeholder group receiving education and support.
5.5.6. One-to-one education with proprietors of food businesses will be undertaken as required by Councils team of Environmental Health Officers and Councils Waste Education Officer.
5.5.7. The Council has also consulted with the Australian Packaging Covenant Organisation Ltd and received advice that their member services team will provide direct assistance to affected members with respect to transitioning to compliance. Members of APCO operating in Hobart include for example Boost Juice, Domino’s, Donut King and Hudson’s Coffee.
5.5.8. An enforcement regime is not expected to commence until the latter part of 2020.
6. Strategic Planning and Policy Considerations
6.1. In considering this proposal the following strategic objectives from the Capital City Strategic Plan 2015-2025 are relevant; Objective 3.2 ‘strong environmental stewardship’, objective 3.4 ‘leadership in environmental performance with the efficient use of natural resources’, and objective 4.3 ‘build community resilience, public health and safety’.
6.2. The City of Hobart Waste Management Strategy is relevant as it includes over 90 wide ranging actions relating to organic waste, education and litter, to achieve zero waste to landfill by 2030.
6.3. The City of Hobart Climate Strategy is relevant as the documented energy use and emissions inventories consider local use and emissions but also acknowledge the embodied energy of materials consumed. Emissions associated with the production of food and other goods, including packaging, account for more than four times the emissions of personal energy use.
6.4. All council by-laws have a legislated life of ten years at which time they are required to be reviewed. The City shows a strong commitment to excellence in governance through the timely and transparent review of all of its by-laws.
7. Financial Implications
7.1. Funding Source and Impact on Current Year Operating Result
7.1.1. It is envisaged that an additional budgetary allocation will be required to assist in some elements of the implementation plan. This will be the subject of consideration as part of the 2019/20 budget preparation and approval process.
8. Legal, Risk and Legislative Considerations
8.1. The by-law has been certified by external legal consultants as complying with the provisions of the Local Government Act 1993.
8.2. The risks associated with this by-law are considered far greater by not implementing it than those with its implementation. Notwithstanding this there is risk that there may be a legal challenge to its introduction from an aggrieved party to the additional monitory cost associated with replacement products. Given the legal advice to date such challenge can be defended.
9. Environmental Considerations
9.1. These matters are dealt with in more detail in the regulatory impact statement, however the fundamental premise of the by-law is to reduce the non-compostable litter and waste into the environment thereby reducing the well documented environmental impacts that this waste has and continues to have on the environment.
10. Social and Customer Considerations
10.1. There is a significant public momentum for the reduction of single use plastic items in the environment given the well documented impacts of this material to the natural environment. The introduction of this by-law will signal the Hobart City Council’s leadership nationally on this issue and provide a further social and environmental advantage to the Hobart brand.
10.2. The impact on businesses will be managed with the provision of implementation toolkits and direct assistance to source appropriate replacement compliant products. As previously advised it is intended to initially work with businesses to assist them during the transition before enforcing the by-law.
11. Marketing and Media
11.1. The proposal has been widely consulted and will be followed up with formal consultation in accordance with the legal requirements involved in the making of a by-law.
11.2. The implementation phase will involve a range of complimentary activities designed to maximise public engagement and understanding of the new laws.
11.3. Council will invest significant resources into ensuring the by-law is well promoted and that stakeholders are given every opportunity to be supported to achieve compliance.
12. Community and Stakeholder Engagement
12.1. The initial community consultation has been effective and the results are described earlier in the report.
12.2. Further engagement will occur during the legislated by-law process through industry sector and individual business basis.
13. Delegation
13.1. The Council has delegation for this matter.
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 |
Neil Noye Director City Planning |
Date: 15 February 2019
File Reference: F18/128301; 16/243-001
Attachment a: Single-Use Plastics By-law ⇩
Attachment b: Regulatory Impact Statement ⇩
Item No. 6.1 |
Agenda (Open Portion) City Infrastructure Committee Meeting - 20/2/2019 |
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6.2 Hobart Bicycle Advisory Committee - Meeting Notes - Election of Chairman and Terms of Reference Review
Memorandum of the Director City Infrastructure of 15 February 2019 and attachment.
Delegation: Council
Item No. 6.2 |
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Memorandum: City Infrastructure Committee
Hobart Bicycle Advisory Committee - Meeting Notes - Election of Chairman and Terms of Reference Review
The Hobart Bicycle Advisory Committee met on 17 October 2018 and the draft notes from the meeting are attached.
That: 1. The draft notes of the Hobart Bicycle Advisory Committee meeting of 17 October 2018 be received and noted. 2. The Council elect a Chairman for the Hobart Bicycle Advisory Committee from the nominated members of the Committee being: (i) The Lord Mayor, Councillor Reynolds; (ii) The Deputy Lord Mayor, Councillor Burnet; (iii) Councillor Harvey; and (iv) Councillor Ewin. 3. The
Committee give consideration to changing the title and Terms of Reference of
the Committee so as to also reference pedestrians. |
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.
Mark Painter Director City Infrastructure |
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Date: 15 February 2019
File Reference: F18/145958; 37-1-4
Attachment a: Hobart Bicycle Advisory Committee Meeting Notes 17 October 2018 ⇩
Item No. 6.2 |
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A report indicating the status of current decisions is attached for the information of Elected Members.
REcommendation
That the information be received and noted.
Delegation: Committee
Item No. 7.1 |
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Section 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
An Elected Member may ask a question without notice of the Chairman, another Elected Member, the General Manager or the General Manager’s representative, in line with the following procedures:
1. The Chairman will refuse to accept a question without notice if it does not relate to the Terms of Reference of the Council committee at which it is asked.
2. In putting a question without notice, an Elected Member must not:
(i) offer an argument or opinion; or
(ii) draw any inferences or make any imputations – except so far as may be necessary to explain the question.
3. The Chairman must not permit any debate of a question without notice or its answer.
4. The Chairman, Elected Member, General Manager or General Manager’s representative who is asked a question may decline to answer the question, if in the opinion of the respondent it is considered inappropriate due to its being unclear, insulting or improper.
5. The Chairman may require a question to be put in writing.
6. Where a question without notice is asked and answered at a meeting, both the question and the response will be recorded in the minutes of that meeting.
7. Where a response is not able to be provided at the meeting, the question will be taken on notice and
(i) the minutes of the meeting at which the question is asked will record the question and the fact that it has been taken on notice.
(ii) a written response will be provided to all Elected Members, at the appropriate time.
(iii) upon the answer to the question being circulated to Elected Members, both the question and the answer will be listed on the agenda for the next available ordinary meeting of the committee at which it was asked, where it will be listed for noting purposes only.
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