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HomeNewsBut, we don't have smoke ban power, says council

But, we don’t have smoke ban power, says council

By JONATHON HOWARD

NOOSA Council has stamped out the idea of becoming an Australian leader in anti-smoking legislation while it considers a ban on smoking at public transport waiting points and pedestrian malls.
The council has cited limitations to its legal powers and said the onus falls on the State Government to address smoking as a public health concern.
Doonan resident Andrew Bell wrote an open letter to Noosa Council Mayor Noel Playford and the media recently suggesting Noosa Council make all public places smoke free.
Mr Bell said the “no smoking in Noosa” campaign could take a leading role towards curbing deaths from smoking and could have featured campaign slogans such as “my children thank you for not smoking” or “there are no butts in Noosa”.
Mayor Playford passed the matter on to the council’s manager of waste and environmental health Wayne Schafer, who provided a response to Mr Bell’s proposal.
Mr Schafer thanked Mr Bell for his “interesting concept” but said the council “must operate within its legal capacity”.
“Queensland Health (not council) are the responsible agency for the control of cigarette smoking and enforcement,” he said.
However, Mr Schafer said that the State Government legislation did acknowledge council authority may ban smoking at pedestrian malls and public transport waiting points such as bus stops, taxi ranks and ferry wharves.
Queensland Health Minister Lawrence Springborg has also urged councils to take up the chance to use the local legislation to ban smoking in certain shared public areas.
“The legislation limits what local government can do under the current legislation,” Mr Schafer said.
“Council is reviewing its local laws over the next few months and will be considering cigarette smoking at bus stops, taxi ranks and pedestrian malls.”
Mr Schafer also touched on the rising issues around cigarette butts, which continue to litter the streets and beaches.
“Legislation banning the disposal of cigarette butts into the environment already exists,” he said.
“Butts are classed as litter and penalties can be issued by council officers.”
Mr Schafer said there were many campaigns attempting to curb smoking,
“However, council’s powers to limit smoking in the additional public areas you propose are beyond council’s authority,” he said.
“With this in mind, the council cannot progress your proposals further.”
In response, Mr Bell said Mr Schafer and the council had missed his original point.
“As you know local councils can vote any local by-law in they feel necessary, so your argument/statement does not hold much water and like most responses from political bodies, merely states a few known facts, trots out a party line and is full of diplomatic platitudes,” he said.
“If you can ban drinking on the street, then I would guess you can ban smoking? Personal preferences aside, this idea was to enhance and aid the local environments.”
HAVE YOUR SAY: Would you support the State Government in banning smoking at all public places in Noosa? And do you think fines should be increased for cigarette-butt littering? Send your comments or letters to newsdesk@noosatoday.net.au

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