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2020-02-11 P&E Agenda - Item 4 - Attachment 3 - Noosa Shire Council Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) 2015
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Planning & Environment
Committee Agenda
11 February 2020
Item 4 - Attachment 3
Noosa Shire Council
Subordinate Local Law No 4
(Local Government Controlled Areas,
Facilities and Roads) 2015
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Section 2
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 2
Noosa Shire Council
Subordinate Local Law No. 4 (Local Government Controlled
Areas, Facilities and Roads) 2015
Contents
Part 1 Preliminary................................................................................................ 3
1 Short title .................................................................................................................... 3
2 Purpose and how it is to be achieved ........................................................................ 3
3 Authorising local law .................................................................................................. 3
4 Definitions .................................................................................................................. 3
Part 2 Use of local government controlled areas, facilities and roads........... 3
5 Prohibited and restricted activities—Authorising local law, s 5(1) ............................. 3
6 Motor vehicle access in local government controlled areas—Authorising local law, s
6(1)(b) ........................................................................................................................ 4
7 Prohibited vehicles—Authorising local law, s 6(3) ..................................................... 4
8 Opening hours for local government controlled areas—Authorising local law, s 7(1)4
9 Permanent closure of local government controlled area—Authorising local law,
s 8(3) .......................................................................................................................... 4
Part 3 Matters affecting roads ............................................................................ 4
10 Notice requiring owner of land adjoining road to fence land—Authorising local law,
s 9(3) .......................................................................................................................... 4
Schedule 1 Part 1 - Prohibited activities for local government controlled areas or
roads ...................................................................................................... 5
Part 2 - Definitions of Prohibited Advertising Devices. ..................... 7
Schedule 2 Restricted activities for local government controlled areas or roads . 9
Schedule 3 Motor vehicle access areas in local government controlled areas ... 12
Schedule 4 Opening hours for local government controlled areas ....................... 15
Schedule 5 Permanent closure of local government controlled areas ................. 16
Section 3
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 3
Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 4 (Local
Government Controlled Areas, Facilities and Roads) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No.4 (Local
Government Controlled Areas, Facilities and Roads) 2015 in order to protect the
health and safety of persons using local government controlled land, facilities,
infrastructure and roads and also to preserve features of the natural and built
environment.
(2) The purpose is to be achieved by providing for the—
(a) regulation of access to local government controlled areas; and
(b) prohibition or restriction of particular activities in local government controlled
areas or roads.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local Law
No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 (the
authorising local law).
4 Definitions
Particular words used in this subordinate local law have the same meaning as
provided for in the authorising local law.
Part 2 Use of local government controlled areas,
facilities and roads
5 Prohibited and restricted activities—Authorising local law, s 5(1)
(1) For section 5(1)(a) of the authorising local law, the activities prescribed in column 2
of schedule 1 are declared to be prohibited in the local government controlled area or
road mentioned in column 1 of schedule 1.
(2) For section 5(1)(b) of the authorising local law, the activities prescribed in column 2
of schedule 2 are declared to be restricted in the local government controlled area or
road mentioned in column 1 of schedule 2, to the extent described in column 3 of
schedule 2.
Section 4
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 4
6 Motor vehicle access in local government controlled areas—Authorising
local law, s 6(1)(b)
For section 6(1)(b) of the authorising local law, the areas prescribed in column 1 of
schedule 3 are declared to be motor vehicle access areas.
7 Prohibited vehicles—Authorising local law, s 6(3)
For section 6(3) of the authorising local law, the specific types of motor vehicle
prescribed in column 2 of schedule 3 are declared to be prohibited vehicles in the
corresponding specified motor vehicle access area in column 1 of schedule 3.
8 Opening hours for local government controlled areas—Authorising local law,
s 7(1)
For section 7(1) of the authorising local law, the times prescribed in column 2 of
schedule 4 are declared to be the opening hours for the local government controlled
areas mentioned in column 1 of schedule 4.
9 Permanent closure of local government controlled area—Authorising local
law, s 8(3)
For section 8(3) of the authorising local law, the local government controlled areas
described in schedule 5 are permanently closed to public access.
Part 3 Matters affecting roads
10 Notice requiring owner of land adjoining road to fence land—Authorising
local law, s 9(3)
For section 9(3) of the authorising local law, the minimum standards for a fence that
is the subject of a compliance notice under section 9(2) of the authorising local law
are as follows—
(a) The fence must be constructed of materials which are of sufficient strength to –
(i) Restrain the types of animals contained within the area adjacent to the
fence; and
(ii) Stop the animals from escaping over, under, through or around the fence;
and
(b) If the fence includes a gate the gate must be kept closed and latched except
when in immediate use by a person entering or leaving the area adjacent to the
fence.
Section 5
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 5
Schedule 1 Part 1 - Prohibited activities for local
government controlled areas or roads
Section 5(1)
Column 1 Column 2
Local government controlled Prohibited activity
area or road
All local government controlled (a) Remove any turf, sand, clay, soil or other material;
parks, reserves and roads within (b) Damage or wilfully misuse any asset;
the local government area.
(c) Contravene a sign prohibiting fishing, diving or
jumping from, or on, a bridge, structure or building;
(d) Advertise a vehicle including a trailer, caravan, boat,
motorbike for sale or hire;
(e) Tout for business;
(f) Undertake the prescribed activity of the installation of
an advertising device if the advertising device is a
prohibited advertising device as defined in schedule 1,
part 2;
(g) Engage in conduct that in an authorised person’s
opinion is dangerous or creates a risk to the safety of
members of the public;
(h) Repair a vehicle/vessel except in an emergency;
(i) Drive a vehicle on areas other than those set aside for
driving or parking a vehicle, emergency service
vehicles exempt;
(j) Play golf other than putting;
(k) Park, stand or leave an unregistered vehicle on a local
government controlled area;
(l) Store a vessel on a local government area;
(m) Park, stand or leave a vehicle where the primary
purpose is to display an advertising device.
All roads within the local (a) Damage a road, sign or a structure associated with a
government area. road;
(b) Offer goods and services for sale without the approval
of the local government or another relevant authority;
Section 6
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 6
The following Sports complex; (a) Allow a dog onto the Criterion cycle track;
Girraween. (b) Allow a vehicle onto the criterion cycle track, except
an emergency services vehicle.
All Local Government Distribute or place any handbill, circular, sign or
Cemeteries. advertisement.
All local government controlled Smoking within 5 meters from a bus stop or within a
bus stops. bus stop facility.
Arcadia Street Pedestrian Mall Smoking in the mall.
Noosa Heads.
The following caravan parks– (a) Disposing of liquid waste other than in an approved
dump point provided for that purpose;
(1) Noosa River
(b) Occupy a site for more than six weeks consecutively
(2) Noosa North Shore
unless approved by the local government to remain
(3) Boreen Point for a maximum 90 days;
All local Government controlled (a) Moor a vessel permanently at a pontoon or jetty;
pontoons, jetties and boat ramps, (b) Place anything at, alongside or near a pontoon, boat
including State Government ramp or jetty, in a manner that obstructs or interferes
assets managed by Council.
with the safe use of any pontoon, jetty or boat ramp;
(c) Allow a vehicle, person, animal or other thing to
obstruct or interfere with the access to the shore
entrance of a pontoon, jetty or boat ramp;
(d) Place, leave, deposit, cast or discharge any material,
object or substance on a pontoon, jetty or boat ramp
that is likely to obstruct or interfere with the use of the
pontoon, jetty or boat ramp or pollute or litter the
surrounding area;
(e) Light a fire on a pontoon, jetty or boat ramp;
(f) Camp or sleep overnight on a pontoon, jetty or boat
ramp;
(g) Fish in such a manner as to obstruct or impede
vessels, vehicles or pedestrians accessing the pontoon,
jetty or boat ramp;
Section 7
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 7
Schedule 1 Part 2 - Definitions of Prohibited Advertising
Devices.
Section 5(1)
(1) For the purpose of this subordinate local law—
(a) an advertising device is a prohibited advertising device if—
(i) the advertising device is—
(A) an advertisement or sign which is installed, erected or displayed on a
local government controlled area, for example, a park or reserve, or on a
road; and
(B) visible from a road or other public place; and
(ii) the advertising device is 1 of the following—
(A) a combination of advertising devices on 1 tenancy, if the combined sign
face area of the advertising devices on the tenancy does not comply with
the requirements prescribed in Subordinate Local Law No. 1
(Administration) 2015, schedule 10, section 5(2);
(B) an advertising device on 1 tenancy which does not comply with 1 or
more of the following —
• if the advertising device is a temporary advertising device which is
a self-assessable advertising device — a requirement prescribed in
Subordinate Local Law No. 1 (Administration) 2015, schedule 10,
section 3;
• if the advertising device is a permanent advertising device which is
a self-assessable advertising device — a requirement prescribed in
Subordinate Local Law No. 1 (Administration) 2015, schedule 10,
section 4;
• if the advertising device is an approval required advertising device
— a requirement prescribed in Subordinate Local Law No. 1
(Administration) 2015, schedule 10, section 8;
(C) an animated sign;
(D) a balloon sign;
(E) a banner sign;
(F) a billboard;
(G) a blind sign;
(H) a bunting sign;
(I) a created roofline sign;
(J) a flashing sign;
(K) an inflatable advertising sign;
(L) a motor vehicle sign;
Section 8
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 8
(M) a moving sign;
(N) a neon sign;
(O) a portable illuminated sign;
(P) a portable interchangeable letter sign;
(Q) a projected sign;
(R) a rooftop sign;
(S) a tear drop flag;
(T) a third party sign;
(U) a three dimensional sign;
(V) a trailer sign;
(W) a written roof sign;
(X) an advertising device attached to a tree or other vegetation;
(Y) an advertising device attached to roadside infrastructure of the local
government;
(Z) another advertising device which is not identified in Subordinate Local
Law No. 1 (Administration) 2015, schedule 10, as—
(i) an approval required advertising device; or
(ii) a self-assessable advertising device.
(2) For this part—
(a) an advertising device referred to in subsection (1)(a)(ii) has the meaning given in
Subordinate Local Law No. 1 (Administration) 2015, schedule 10; and
(b) approval required advertising device has the meaning given in Subordinate Local
Law No. 1 (Administration) 2015, schedule 10; and
(c) permanent advertising device has the meaning given in Subordinate Local Law No.
1 (Administration) 2015, schedule 10; and
(d) self-assessable advertising device has the meaning given in Subordinate Local Law
No. 1 (Administration) 2015, schedule 10; and
(e) temporary advertising device has the meaning given in Subordinate Local Law No. 1
(Administration) 2015, schedule 10; and
(f) tenancy has the meaning given in Subordinate Local Law No. 1
(Administration) 2015, schedule 10.
Section 9
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 9
Schedule 2 Restricted activities for local government
controlled areas or roads
Section 5(2)
Column 1 Column 2 Column 3
Local government Restricted Activity Extent of Restriction
controlled area
All local government (a) Cut, trim, prune or remove • Permitted when authorised by an
controlled parks, any vegetation; approval issued under Local Law
reserves and roads No. 1 (Administration) 2015; or
(b) Distribute, place or put up
within the local
any handbill, circular or • Permitted when carried out in
government area.
advertisement, other than accordance with a local
the installation of an government policy; or
advertising device;
• Permitted when approved by an
(c) Conduct a Street authorised person for the local
Performance Activity; government; or
(d) Stay, camp or sleep • Permitted if the person is an
overnight in a vehicle or employee of the local
other mobile government and the activity is
accommodation, tent or undertaken in the course of their
sleeping bag; duties;
(e) Take more than 100 litres of
water from a local
government water tap;
(f) Undertake any
encroachment or
construction whatsoever in
a local government
controlled area;
(g) Operate a model aeroplane
or drone on a local
government controlled area;
(h) Conduct a wedding;
(i) Use a local government
controlled area for
commercial purposes;
(j) Conduct an event or an
activity open to the public
on a local government
controlled area;
(k) Undertake an alteration or
improvement to a local
government area.
Section 10
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 10
(l) Display an advertising
device;
All roads within the (a) Construct, install, build a • Permitted when authorised by an
local government vehicle cross-over or approval issued under Local Law
area. driveway access on a road; No. 1 (Administration) 2015; or
or
• Permitted when carried out in
(b) Undertake any construction accordance with a local
whatsoever in a road government policy
reserve; or
• Permitted when constructed in
(c) Installing a gate or grid, or a accordance with the local
gate and a grid on or across government standards for the
a road. activity.
All parks and reserves Lighting or maintaining a • Permitted only if the fire is –
within the local fire.
(i) Contained within a fire- place
government area.
established by the local
government for the purpose;
(ii) Allowed under a written
approval issued by an authorised
person for the local government.
The following (a) Erecting or installing a • Permitted only with the written
cemeteries– memorial to a deceased person approval issued by an authorised
in a local government cemetery; person for the local government;
All Local Government
Cemeteries. (b) Carrying out maintenance or
or repair work on a memorial to • Permitted only—
a deceased person in a local
government cemetery; (i) By the next of kin, the applicant
for the burial or an approved member
(c) Planting, placing or of the family of the deceased person;
installing vegetation in a local and
government cemetery.
(ii) with the written approval of the
(d) Disposing of human local government; and
remains;
(iii) subject to conditions about how
(e) Exhuming a body or the the work is to be carried out.
remains of a body;
• Permitted only if the work is
(f) Digging or preparing a undertaken by the local
grave; government or a contractor
authorised by the local
government to do the work.
Section 11
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 11
The following (a) driving a vehicle into or on • Permitted only with the written
gazetted foreshore – the restricted area; authorisation of an authorised
(a) Noosa North (b) allowing a dog into or on person for the local government;
Shore- The beach the restricted area; or or
area at the Noosa • Permitted only if the entry is
(c) riding or leading a horse or
river mouth; undertaken by the local
another animal into or on
adjacent to the government or a contractor for
the restricted area;
area known as the the local government.
frying pan and
extending over the • Permitted only if entry is
entire sand area; undertaken by a local or state
as identified by government employee in the
signs and barriers. course of their duties.
(b) The Noosa North
shore beach
between the 1st
(first) and 3rd
(third) vehicular
access points onto
the beach.
The following caravan Lighting of fires and • Permitted only if the fire –
parks– maintaining a fire.
(i) Is contained within a fire- place
(a) Noosa River; established by the local government
(b) Noosa North for the purpose; or
Shore; (ii) Has been approved in writing and
(c) Boreen Point. issued by an authorised person for the
local government.
The following (a) Driving a vehicle • Permitted where the road is
recreational trail – including a 4WD and trail formed and maintained as a road;
bikes. or
(a) Noosa Trail
Network (b) Taking a dog onto the trail • Permitted when approved in
other than private property. writing by an authorised person
for the local government; or
• Permitted in an emergency
situation; or
• Permitted for maintenance
purposes; or
• Permitted by adjoining land
owners for farming activity.
• Permitted by an affected property
owner.
Section 12
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 12
Schedule 3 Motor vehicle access areas in local
government controlled areas
Sections 6 and 7
Column 1 Column 2
Motor vehicle access areas Prohibited vehicles
The following gazetted foreshore is a
motor vehicle access area – All motor vehicles except emergency
(a) Noosa North Shore - the beach area service vehicles or unless approved by
at the Noosa river mouth; adjacent to the local government.
the area known as the frying pan and
(refer to the attached map SLL4.3.1)
extending over the entire sand area;
as identified by signs and barriers;
described as habitat for resident and
migratory shorebirds. Map reference
SLL4.3.1
(b) Noosa North Shore – the beach area
between beach access 5 and beach
access 8; also known as 1st and 3rd
cuttings; vehicle access to the beach.
Map reference SLL 4.3.2
Section 13
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 13 Maps of Noosa North Shore motor vehicle access areas;
Section 14
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 14
Section 15
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 15
Schedule 4 Opening hours for local government
controlled areas
Section 8
Column 1 Column 2
Local government controlled area Opening hours
All Local Government buildings and As stated on the relevant building or
facilities open to the public within the facility.
local government area.
Section 16
Noosa Shire Council Subordinate Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015 16
Schedule 5 Permanent closure of local government
controlled areas
Section 9
There are no local government controlled areas described or identified.
This and the preceding 15 pages bearing my initials is a certified copy of the consolidated
version of Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads) 2015 adopted in accordance with the provisions of section 32 of the Local Government
Act 2009 by Noosa Shire Council by resolution dated the day of
(insert the date of the relevant resolution of Council) 2020.
.....................................................
Chief Executive Officer
894173_1