Local Government Act 2009

This section applies to a new significant business activity that is identified in the annual report of a local government.

The local government must conduct a public benefit assessment of the new significant business activity.

A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.

The local government must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.

The local government must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.

At a meeting of the local government, the local government must—

consider the report; and

decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.

Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.

If the local government decides not to apply the competitive neutrality principle in relation to the significant business activity, the local government must, within 3 years after making the decision—

conduct another public benefit assessment of the significant business activity; and

repeat the process relating to a report on the public benefit assessment.