Circulars

Council Circular 24-18 Mutual Recognition – Councils’ Local Approvals for mobile businesses

SubjectMutual Recognition – Councils’ Local Approvals for mobile businesses
Circular Details24-18 /12 September 2024/ A909286
Who should read thisCouncillors / General Managers / All council staff / Environmental Health teams, Local business approval teams
ContactOLG Policy Team / 02 4428 4100 / vibrancy@olg.nsw.gov.au
Action RequiredResponse to OLG
PDF Version24-18 Mutual Recognition – Councils’ Local Approvals for mobile businesses

What’s new or changing?

  • As part of the NSW Vibrancy Reforms, the Office of Local Government (OLG) is developing a mutual recognition framework.
  • This will allow an approval granted to a business under Section 68 of the Local Government Act 1993 by one council to be recognised across multiple local government areas.
  • This will initially apply to approvals granted for the following mobile businesses:
    o food trucks
    o market stall holders
    o buskers
    o outdoor fitness trainers
  • Councils are invited to provide input into the development of the mutual recognition framework by completing an online survey.

What will this mean for council?

  • Mutual recognition aims to reduce red tape, time, cost, and resourcing required for both councils and mobile businesses when preparing and assessing Section 68 approvals.
  • Councils are requested to provide input through the online survey by 5pm 24 October 2024.

Key Points

  • Currently mobile businesses must seek a separate approval in each council area they wish to operate.
  • The Local Government Amendment Act 2019 makes provisions for the mutual recognition framework however, the provisions will not commence until regulations and guidance material have been developed.
  • The survey seeks to gather initial input from key stakeholders including councils, mobile businesses (in the 4 categories mentioned above) and the general public, focusing on high-level issues to consider when developing the framework.
  • The survey can be completed via the OLG Website: https://www.olg.nsw.gov.au/programs-and-initiatives/mutual-recognition
  • Responses to the survey will inform the development of a policy, regulations, and guidance materials for councils.
  • Further opportunities for feedback such as a via a discussion paper and online workshops may be made available later this year as the framework is being developed.

Where to go for further information

Brett Whitworth
Deputy Secretary, Office of Local Government