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Kingborough Council Marine Facilities By-Law

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Kingborough Council Marine Facilities By-Law KINGBOROUGH COUNCIL MARINE FACILITIES BY-LAW REGULATORY IMPACT STATEMENT By-law No.1 of 2010 A By-law to regulate and control activities associated with marine facilities under Kingborough Council management 1 TABLE OF CONTENTS Page 1. Purpose and process of Regulatory Impact Statement 3 2. By-law objectives 3 3. Background 4 4. Potential restriction on competition 6 5. Assessment of costs/benefits of restriction on competition 7 6. Assessment of economic, environmental or social impacts 8 7. Discussion of alternatives 9 8. Assessment of public costs and benefits 10 9. Public consultation process 11 2 1. Purpose and process of Regulatory Impact Statement When a Council seeks to make a new or significant By-law amendment, the Local Government Act 1993, requires that a Regulatory Impact Statement (RIS) be prepared. The preparation of an RIS requires Council to analyse the most efficient and effective options available to address a particular issue. The RIS is also required to identify whether the benefits provided by the new By-law outweigh the costs of any restrictions on competition or the potential adverse impacts on business. This requires an assessment of direct and indirect social, economic and environmental impacts of the proposed By-law and the alternatives considered. The Local Government Act 1993, under Section 156A, requires that, once the RIS has been prepared, Council must submit it to the Director of Local Government, Department of Premier and Cabinet for assessment. If the Director is satisfied that the RIS meets the statutory requirements, he or she will issue a certificate to that effect and Council may then commence the public consultation process. Pursuant to Section 158 of the Local Government Act 1993, copies of the By-law and the RIS are available by contacting Council by any of the following means: Telephone: 6211 8200 Fax: 6211 8211 E-mail: [email protected] Mail: 15 Channel Highway KINGSTON TAS 7050 Internet: www.kingborough.tas.gov.au In person: Kingborough Civic Centre Office hours: 8.30am to 5.00pm Copies of the documents are available upon request or may be viewed at the Council’s office. 2. By-law objectives The Marine Facilities By-law is designed to act as a mechanism for ensuring that the use of marine facilities meets appropriate public access, safety and amenity standards. Under Section 156A(2)(a) of the Local Government Act 1993 Councils are specifically required to outline the objectives of the By-law and the means of achieving those objectives. The following table summarises the various issues being addressed by the By-law, what the By-law will do to address these issues (the objectives) and how the By-law will achieve these objectives. 3 Issue Objective Means to achieve Objective Unimpeded public To ensure that the general The By-law includes provisions access to a marine public is not unduly impeded dealing with how vessels are to facility from accessing and using moor alongside jetties or use marine facilities boat ramps, how land based vehicles are not to obstruct the marine facilities and how various other activities are to not impede access. Damage to a marine To ensure that marine The By-law includes provisions facility facilities are not unduly dealing with the actual damaged damaging of the marine facilities (including alterations and installation of other items), the need to prohibit certain vessels, and the erection of signs and advertising material. Inappropriate use of a To ensure that the public use The By-law includes provisions marine facility and access to the marine dealing with such activities as facilities is not being the use of firearms or fireworks, adversely impacted upon by the sale of goods or the unauthorised activities operation of a commercial business from a marine facility. The ability to use a To ensure that there is a The By-law includes provisions marine facility for a system in place to control that require a prior permit to be commercial purpose any commercial activities granted by Council for any such that may be conducted from commercial activity. the marine facilities. Providing a head of To ensure that there is an The By-law includes provisions power to control adequate enforcement dealing with infringement activities on marine system in place in order to notices, the removal of articles, facilities encourage compliance and the banning of individuals, and the safe use of marine the issuing of notices. facilities 3. Background The By-law has been prepared for the purposes of ensuring that the use of marine facilities meets appropriate public access, safety and amenity standards. Kingborough Council currently controls inappropriate behaviour on public land by way of the existing Parks, Recreation and Natural Areas By-law 3 of 2001. This existing By-law does not refer to marine facilities and the particular provisions are difficult to directly relate to marine facilities. As a result, there is little capacity for Council to regulate activities in the vicinity of these facilities. The Marine Facilities By-law has been prepared to address this gap. Kingborough Council is responsible for the management and maintenance of a number of marine facilities across the municipal area. These include public jetties and/or boat ramps at Taroona, Kingston Beach, Tinderbox, Dru Point (Margate), Trial Bay (Kettering), Woodbridge, Dennes Point, Barnes Bay, Simpsons Bay, Alonnah, Lunawanna, Adventure Bay and East Cove. These are all public facilities that are 4 primarily managed for the unimpeded use of the general public in order to gain access to the local waterways. It is important that these public facilities are managed in a manner that ensures public access is able to be provided in a relatively safe and unimpeded manner. This is not possible if there is no regulatory safeguard and the Marine Facilities By-law has been prepared to serve this purpose. The By-law will relate to all users of the marine facilities. It is contended that it is needed in both a general sense and in order to deal with some specific situations. In a general sense, the By-law would provide Council with an ability to control such circumstances as: Vessels being moored alongside marine facilities and obstructing other vessels from using the facility Vessels, trailers or vehicles being parked adjacent to or left on a marine facility and so obstructing other users Vessels being improperly tied or not properly secured to the marine facility Vessels being maintained or repaired while moored alongside marine facilities Vehicles driving on to jetties and cargo or property being left on jetties for excessive periods of time The storage of fuels and the refuelling of vessels from marine facilities The installation of unauthorised structures on the marine facility (eg a crane, fuel dispensing equipment, water lines, electric power outlets etc) Any structural damage to the marine facility Swimming and fishing in the vicinity of marine facilities Providing authorised longer term mooring or enabling regular commercial users to only moor alongside a jetty in accordance with an authorised permit – with the by-law providing all permit administration procedures Providing Council with the power to remove a vessel, vehicle or material from a marine facility (and to recover costs) Defining enforcement procedures and providing Council with the power to issue infringement notices for any offences defined within the by-law (eg lighting fires, selling goods, erecting signs, camping, polluting waterways, littering, defacing the structure, behaving in a disorderly manner etc). As mentioned earlier, the existing By-laws do not provide Council with the ability to control these types of situations. Therefore there are many potential problems that are not able to be controlled and it is reasonable to expect that the level of impacts on the public could range from minor conveniences through to being placed in considerable personal danger. It is essential that sufficient controls are in place to ensure the public’s general safety and well-being. One particular issue in regard to marine facilities entails the commercial use of jetties. For example, at Adventure Bay, commercial charter boats utilise the public jetty all the year round and there are significant public access problems during the peak summer season. It is also likely that a second public jetty will need to be constructed to accommodate the increased tourism activity in this area. Permits under the By-law would be required for the regular commercial use of either jetty. To date, Council has controlled the use of such commercial activity by way of Council’s Policy No.5.5 Marine Structures Policy. This existing Policy is a public statement that expresses how Council will decide whether regular commercial use of a marine 5 structure will be allowed and under what circumstances. It provides the necessary framework for Council to enter into agreements with prospective commercial users. Such agreements recognise that the primary use of the structure is for public use and any exclusive right to a commercial operator cannot be guaranteed. Council’s existing Marine Structure Policy is not able to be enforced in a statutory sense. Section 54A of the Roads and Jetties Act 1935 assumes that some jetties are controlled and managed by Councils and this was then specifically provided for in Sections 585-588 of the Local Government Act 1962. However equivalent provisions were not transferred through to the current Local Government Act 1993 and so there is no legislated head of power for Council to control activities on such jetties in the absence of any specific By-law. There is thus no existing State legislation that effectively enables the regulation and control of activities on such Council managed marine facilities. Independent legal advice was obtained to confirm this situation and to confirm that an appropriately worded By-law would need to be prepared.
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