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2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments
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Attachment 5 to Item
Services and Organisation Commitee Agenda
7 August 2018
Noosa Shire Council
Local Law No 1
(Administration) 2015
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Full text of sections 2 to 121 (of 201)
Section 2
Noosa Shire Council Local Law No. 1 (Administration) 2015 2
Noosa Shire Council
Local Law No. 1 (Administration) 2015
Contents
Part 1 Preliminary...........................................................................................4
1 Short title .............................................................................................................. 4
2 Purposes and how they are to be achieved ........................................................ 4
3 Definitions—the dictionary ................................................................................... 4
4 Relationship with other laws ................................................................................ 4
Part 2 Approvals for prescribed activities ...................................................4
5 Meaning of prescribed activity ............................................................................. 4
6 Offence to undertake local law prescribed activity without approval ................... 5
7 Approvals for prescribed activities to be obtained under this part ....................... 6
8 Form of application .............................................................................................. 6
9 Local government’s discretion in granting approvals .......................................... 7
10 Conditions of approval ......................................................................................... 8
11 Compliance with conditions of approval .............................................................. 9
12 Third party certification ........................................................................................ 9
13 Term of approval .................................................................................................. 9
14 Renewal of approval ............................................................................................ 9
15 Transfer of approval ........................................................................................... 11
16 Amending conditions at request of approval holder .......................................... 11
17 Grounds for amending, suspending or cancelling approval .............................. 12
18 Procedure for amending, suspending or cancelling approval ........................... 12
19 Procedure for immediate suspension of approval ............................................. 13
Part 3 Authorised persons ..........................................................................14
20 Appointment ....................................................................................................... 14
21 Threatening etc an authorised person ............................................................... 14
Part 4 Review of decisions ..........................................................................14
22 Application for review ......................................................................................... 14
23 Review decision ................................................................................................. 15
24 Stay of operation of original decision ................................................................. 15
Part 5 Enforcement ......................................................................................15
25 Production of records ......................................................................................... 15
26 Compliance notice for contravention of local law or approval condition ............ 16
27 Compliance notice authorised by local law ........................................................ 17
Section 3
Noosa Shire Council Local Law No. 1 (Administration) 2015 3
28 Power to remove and cost recovery .................................................................. 17
29 Stop orders ........................................................................................................ 18
Part 6 Legal proceedings ............................................................................19
30 Defence of reasonable excuse .......................................................................... 19
31 General defence for owners or occupiers of land .............................................. 19
32 Joint and several liability .................................................................................... 19
33 Rewards ............................................................................................................. 19
Part 7 Miscellaneous....................................................................................19
34 Maintenance of good order at meetings ............................................................ 19
35 Fees ................................................................................................................... 20
36 Abandoned goods .............................................................................................. 20
37 Dealing with seized and impounded items ........................................................ 20
Part 8 Subordinate local laws .....................................................................21
38 Subordinate local laws ....................................................................................... 21
Schedule 1 Dictionary...........................................................................................23
Schedule 2 Prescribed activities .........................................................................26
Section 4
Noosa Shire Council Local Law No. 1 (Administration) 2015 4
Part 1 Preliminary
1 Short title
This local law may be cited as Noosa Shire Council Local Law No. 1
(Administration) 2015.
2 Purposes and how they are to be achieved
(1) The purposes of this local law are to provide a legal and procedural framework for
the administration, implementation and enforcement of the local government’s
local laws, subordinate local laws and specified regulatory powers under
legislation, and to provide for miscellaneous administrative matters.
(2) The purposes are to be achieved by providing for—
(a) consistent and comprehensive processes for the local government to grant
and regulate approvals to undertake prescribed activities; and
(b) authorised persons for enforcing local laws; and
(c) review of certain decisions made under local laws; and
(d) enforcement of local laws; and
(e) matters relating to legal proceedings; and
(f) miscellaneous administrative matters relating to meetings, fees, abandoned
goods and seized and impounded items.
3 Definitions—the dictionary
The dictionary in schedule 1 defines particular words used in this local law.
4 Relationship with other laws1
This local law is—
(a) in addition to, and does not derogate from, laws regulating land use planning
and development assessment; and
(b) applies to each of the local government’s local laws subject to any specific
provision in a local law that expresses a contrary intention.
Part 2 Approvals for prescribed activities
5 Meaning of prescribed activity
Prescribed activity means—
(a) an activity prescribed in part 1 of schedule 2 and defined in part 2 of
schedule 2; or
1 This local law and any subordinate local law made under it do not apply to the extent of any inconsistency
with a law of the State or the Commonwealth. See the Act, section 27.
Section 5
Noosa Shire Council Local Law No. 1 (Administration) 2015 5
(b) an activity for which a Local Government Act authorises the local
government to grant an approval but does not make any other provision,
except provision that is consistent with this part, about the process for the
local government to grant the approval.
6 Offence to undertake local law prescribed activity without approval
(1) This section applies to a prescribed activity mentioned in—
(a) section 5(a); or
(b) section 5(b) of the Local Government Act that authorises the local
government to grant the approval is a local law.2
(2) A person must not undertake the prescribed activity without a current approval
granted by the local government.
Maximum penalty for subsection (2)—
(a) for an activity for which no category has been declared by subordinate local
law—50 penalty units; or
(b) for a category 1 activity—50 penalty units; or
(c) for a category 2 activity—200 penalty units; or
(d) for a category 3 activity—500 penalty units.
(3) However, a local government may, by subordinate local law, declare that
subsection (2) does not apply to a prescribed activity or a particular activity that is
within the category of a prescribed activity.
Examples—
A subordinate local law may declare that subsection (2) does not apply to installation of a
specified type of advertising device (for example, a device prescribed as a ‘permitted
advertising device’). These permitted advertising devices would not require an approval
under this part but other types of advertising devices would continue to require an
approval.
A subordinate local law may declare that subsection (2) does not apply to the operation of
a camping ground that meets certain criteria (for example, less than a certain size or in a
particular location) or complies with certain conditions. A person operating such a
camping ground would therefore not require an approval under this part.
A subordinate local law may declare that subsection (2) does not apply to the
establishment or operation of a temporary home in a particular part of the local
government’s area.
(4) In this section—
category 1 activity means a prescribed activity that is declared as a category 1
activity by a subordinate local law for this definition.
category 2 activity means a prescribed activity that is declared as a category 2
activity by a subordinate local law for this definition.
category 3 activity means a prescribed activity that is declared as a category 3
activity by a subordinate local law for this definition.
2
For the offence for undertaking a prescribed activity mentioned in section 5(b) without a current approval if the
Local Government Act is not a local law, see the relevant Local Government Act that provides for the approval.
Section 6
Noosa Shire Council Local Law No. 1 (Administration) 2015 6
current approval means an approval that is in force and has not been suspended at
the time the prescribed activity is being undertaken.
7 Approvals for prescribed activities to be obtained under this part
An approval required for a prescribed activity must be obtained under this part.
8 Form of application
(1) An application for the local government’s approval of a prescribed activity must
be made in a form approved by the local government.
Examples of a form approved by the local government—
A written form or an online application process.
(2) The application must be accompanied by—
(a) documents and materials required under a subordinate local law for this
paragraph; and
(b) proof that the applicant currently holds any separate approval relating to the
prescribed activity that is required under another law; and
(c) the prescribed fee.
Example for paragraph (a)—
The local government may require an application to include site plans, management plans,
relevant consents, evidence of public liability insurance etc.
Example for paragraph (b)—
A prescribed activity may require approvals under another Act in relation to development,
building, liquor, carriage of goods, business licensing etc.
(3) The local government may, by written notice, request the applicant to provide
further reasonable information or clarification of information, documents or
materials included in the application.
(4) The notice under subsection (3) must state—
(a) the grounds on which the request is made; and
(b) an outline of the facts and circumstances forming the basis for the grounds;
and
(c) a detailed description of the information requested; and
(d) the date, not less than 7 days after the applicant receives the notice, by which
the applicant must provide the information.
(5) If the applicant does not, without reasonable excuse, provide the further
information by the stated date—
(a) the application lapses; and
(b) the local government must give the applicant written notice stating that—
(i) under this section the application lapses; and
(ii) the applicant may make a new application.
(6) However, the local government may extend the period for the applicant to provide
the further information.
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Noosa Shire Council Local Law No. 1 (Administration) 2015 7
(7) A person must not provide information in or in connection with an application that is,
to the person’s knowledge, false or misleading in a material particular.
Maximum penalty for subsection (7)—20 penalty units.
9 Local government’s discretion in granting approvals
(1) The local government may grant an approval for an applicant to undertake a
prescribed activity only if it is satisfied that—
(a) if the prescribed activity requires a separate approval under an Act, a law of
the Commonwealth or the local government’s planning scheme—the
separate approval has been granted; and
(b) the proposed operation and management of the prescribed activity is
adequate to protect public health, safety and amenity and prevent
environmental harm; and
(c) the grant of the approval would be consistent with the purpose of any
relevant local law; and
(d) the proposed operation and management of the prescribed activity would be
consistent with any additional criteria prescribed for the activity under a
subordinate local law for this paragraph; and
(e) if the application relates to trust land—the grant of the approval would be
consistent with the terms and conditions of the trust; and
(f) if the application relates to a prescribed activity mentioned in section 5(b)—
the grant of the approval would be consistent with any requirements or
criteria specified in the relevant Local Government Act in relation to the
approval.
Example for paragraph (a)—
An application for commercial use of a local government controlled area that is held in trust by
the local government under the Land Act 1994 may require registration of a trustee lease or
issue of a trustee permit prior to the approval being granted for commercial use of the area.
(2) The local government may, by written notice to the applicant—
(a) grant the approval unconditionally; or
(b) grant the approval subject to conditions determined in accordance with
section 10; or
(c) refuse to grant the approval.
Examples for paragraph (b)—
If an application for which the local government’s approval is required may result in
damage to property, the local government may, as a condition of giving its approval,
require the applicant to give reasonable security (which may include a deposit of money, a
guarantee or an insurance bond) to ensure that the damage is made good.
The local government may grant an approval subject to the standard conditions imposed
on the approval pursuant to a subordinate local law made under section 10(3) of this law.
(3) However, the local government’s powers in deciding the application are subject to
the provisions of any relevant local law.
(4) The local government must give the applicant an information notice if the local
government—
Section 8
Noosa Shire Council Local Law No. 1 (Administration) 2015 8
(a) refuses to grant the approval; or
(b) grants the approval subject to a non-standard condition.
(5) In this section—
non-standard condition means a condition that is not prescribed under section
10(3) as a condition that must be imposed on an approval or that will ordinarily be
imposed on an approval.
10 Conditions of approval
(1) An approval may be granted on conditions the local government considers
appropriate.
(2) However, the conditions must—
(a) be reasonably necessary to ensure that the operation and management of the
prescribed activity will be adequate to protect public health, safety and
amenity and prevent environmental harm; and
(b) be consistent with the purpose of any relevant local law; and
(c) if the approval is for a prescribed activity mentioned in section 5(b)—be
consistent with any requirements or criteria specified in the relevant Local
Government Act in relation to the approval; and
(d) not conflict with the conditions of any other relevant approval issued under
an Act; and
(e) require the approval holder to notify the local government in writing of a
suspension or cancellation of a relevant approval for the prescribed activity
under an Act within 3 days of the relevant approval being suspended or
cancelled.
(3) Subject to subsection (2), the local government may, by subordinate local law,
prescribe conditions that must be imposed on an approval or that will ordinarily be
imposed on an approval.
(4) To remove any doubt, it is declared that a condition of an approval may authorise
an act or omission that—
(a) contravenes a noise standard; or
(b) causes an environmental nuisance.3
Example for paragraph (a)—
A condition of an approval for operation of a temporary entertainment event may authorise the
operation of an amplifier device at specified times that would otherwise be a contravention of
the noise standard in the Environmental Protection Act 1994, section 440Y.
(5) In this section—
environmental nuisance see Environmental Protection Act 1994, section 15.
noise standard see Environmental Protection Act 1994, section 440K.
3
See Environmental Protection Act 1994, schedule 1, section 3(b).
Section 9
Noosa Shire Council Local Law No. 1 (Administration) 2015 9
11 Compliance with conditions of approval
(1) A holder of an approval must ensure each condition of the approval is complied
with.
Maximum penalty for subsection (1)—50 penalty units.
(2) For a prescribed activity mentioned in section 5(b), this section does not apply if
the Act that provides for the local government to grant an approval stipulates a
penalty for contravening a condition of the approval.
12 Third party certification
(1) In deciding an application under this part, the local government may accept the
certificate of a third party certifier as evidence about any application requirement
that is mentioned in a subordinate local law for this subsection.
Example—
A subordinate local law under section 9(1)(d) might specify that a criterion to be met by
applicants for approval to operate a public swimming pool is a management plan that complies
with the Royal Life Saving Society’s Guidelines for Safe Pool Operation. A subordinate local
law under the current section could state that compliance with this requirement is a matter
about which a third party certifier may provide certification. In deciding an application, the
local government may then accept a certificate of a third party certifier (approved under a
subordinate local law pursuant to subsection (2) – e.g. the Royal Life Saving Society) as
evidence that this requirement has been met.
(2) In this section—
third party certifier means—
(a) an individual or organisation declared under a subordinate local law for this
paragraph as a third party certifier for particular application requirements; or
(b) an individual or organisation that has the qualifications prescribed under a
subordinate local law for this paragraph as necessary to provide a certificate
about particular application requirements.
application requirement means a matter that the local government must be
satisfied about, or have regard to, before granting an application for approval for a
prescribed activity.
13 Term of approval
Unless sooner cancelled or suspended, an approval remains in force for—
(a) the term provided for the prescribed activity under a subordinate local law
for this paragraph; or
(b) if there is no term provided for under a subordinate local law—one year
from the date the approval is granted.
14 Renewal of approval
(1) An approval holder may, before the end of the term of the approval, apply to the
local government to renew or extend the approval for—
(a) a further term provided for the prescribed activity under a subordinate local
law for this paragraph; or
Section 10
Noosa Shire Council Local Law No. 1 (Administration) 2015 10
(b) if there is no term provided for under a subordinate local law—a further term
equal to the current term of the approval.
(2) However, an approval holder may not apply to renew or extend the approval where
the local government has given the approval holder reasonable written notice that
the approval is one of a class of approvals that the local government does not
intend to renew or extend.
Example—
The local government might give notice to the approval holder that, in order to prevent
environmental harm to an endangered ecosystem, it does not intend to grant, renew or extend
any approvals for the prescribed activity in a specified part of the local government area.
(3) The application under subsection (1) must be—
(a) made in a form approved by the local government; and
(b) accompanied by the prescribed fee.
(4) The local government may, by written notice, request the applicant to provide
further reasonable information or clarification of information, documents or
materials included in the application.
(5) Section 8(4) to (7) applies to the notice as if it was a notice under section 8(3).
(6) The local government may, by written notice to the applicant—
(a) grant the application; or
(b) grant the application and amend the conditions of the approval; or
(c) refuse the application.
(7) In deciding under subsection (6), the local government may have regard to—
(a) the matters mentioned in section 9(1); and
(b) whether the conditions of the approval are being complied with by the
applicant.
(8) The local government must give the applicant an information notice if the local
government—
(a) refuses the application; or
(b) grants the application and amends the approval to include non-standard
conditions.
(9) The local government may amend the conditions of the approval under subsection
(6)(b) without following the procedure in section 18.
(10) If an approval holder applies to renew or extend the approval, the approval
remains in force until—
(a) if the application is granted, with or without amendment of the conditions—
the date the application is granted; or
(b) if the application is refused and the applicant applies for a review of the
decision under part 4—the date the applicant is given notice of the review
decision; or
(c) if the application is refused and the applicant has not applied for a review of
the decision under part 4—14 days after the applicant is given an
information notice under subsection (8).
Section 11
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15 Transfer of approval
(1) The holder of an approval together with another person may apply to the local
government for transfer of the approval to the other person (the proposed
transferee).4
(2) However, an approval cannot be transferred under this section if it is of a category
declared as non-transferable under a subordinate local law for this subsection.
(3) The application under subsection (1) must be—
(a) made in a form approved by the local government; and
(b) accompanied by the prescribed fee.
(4) The local government may, by written notice, request the applicant to provide
further reasonable information or clarification of information, documents or
materials included in the application.
(5) Section 8(4) to (7) applies to the notice as if it was a notice under section 8(3).
(6) The local government may grant an application to transfer an approval only if it is
satisfied about the matters mentioned in section 9(1).
(7) The local government may, by written notice to the approval holder and the
proposed transferee—
(a) grant the application to transfer the approval; or
(b) refuse the application to transfer the approval.
(8) If the local government decides to grant the application to transfer the approval,
the local government may amend the existing conditions of the approval.
(9) The local government may amend the conditions of the approval under subsection
(8) without following the procedure in section 18.
(10) The local government must state, in the notice given under subsection (7)(a), any
amendments to the conditions of the approval and the day that they take effect.
(11) The local government must give the approval holder and the proposed transferee
an information notice if the local government—
(a) refuses the application; or
(b) grants the application and amends the approval to include non-standard
conditions.
16 Amending conditions at request of approval holder
(1) An approval holder may apply to the local government to amend the conditions of
the approval.
(2) The application must be written and state—
(a) the proposed amendment; and
(b) the reasons for it.
(3) The local government must consider and decide whether to grant or refuse the
application.
4
See the Act, section 97, for the power of a local government to fix cost-recovery fees for approvals.
Section 12
Noosa Shire Council Local Law No. 1 (Administration) 2015 12
(4) If the local government decides to amend the conditions as requested, the local
government must, within 14 days of the decision, give the approval holder written
notice of the amended conditions and the day that they take effect.
(5) If the local government refuses to amend the conditions, the local government
must give the approval holder an information notice.
(6) The local government may amend the conditions of the approval under this section
without following the procedure in section 18.
17 Grounds for amending, suspending or cancelling approval
Each of the following is a ground for amending, suspending or cancelling an
approval—
(a) amendment, suspension or cancellation is necessary—
(i) for the protection of public health or safety; or
(ii) to prevent environmental harm; or
(iii) to prevent property damage or loss of amenity; or
(iv) to allow for works on roads or local government controlled areas;
or
(v) to improve access to a road; or
(vi) to improve the efficiency of vehicle or pedestrian traffic.
(b) another approval required for the prescribed activity under an Act has been
suspended or cancelled;
(c) in undertaking the prescribed activity, the approval holder has failed to
comply with a local law or an Act;
(d) the approval holder has failed to comply with a condition of the approval;
(e) the approval holder has failed to comply with a notice under sections 26 or
27 that relates to the conduct of the prescribed activity or has failed to
comply with a stop order under section 29;
(f) the approval was granted because of a document or representation that
was—
(i) false or misleading; or
(ii) obtained or made in another improper way.
18 Procedure for amending, suspending or cancelling approval
(1) This section applies if the local government considers there is a ground under
section 17 to amend, suspend or cancel an approval (the proposed action).
(2) Before taking the proposed action, the local government must give the approval
holder a written notice (the show cause notice) stating—
(a) the proposed action; and
(b) the grounds for the proposed action; and
(c) an outline of the facts and circumstances that are the basis of the grounds;
and
Section 13
Noosa Shire Council Local Law No. 1 (Administration) 2015 13
(d) if the proposed action is suspension of the approval, the proposed suspension
period; and
(e) that the approval holder may make written submissions, within a stated
reasonable time of at least 21 days after the notice is given, why the
proposed action should not be taken.
(3) If, after considering all submissions made within the stated time, the local
government decides that a ground no longer exists to cancel, amend or suspend the
approval, the local government must take no further action about the show cause
notice and give written notice to the approval holder about the decision.
(4) If, after considering all submissions made within the stated time, the local
government still considers there is a ground to take the proposed action, the local
government may—
(a) if the proposed action was to amend the approval—amend the approval; or
(b) if the proposed action was to suspend the approval—suspend the approval
for no longer than the period stated in the notice; or
(c) if the proposed action was to cancel the approval—amend the approval,
suspend it for a period or cancel it.
(5) If the local government decides to amend, suspend or cancel the approval, the
local government must give the approval holder an information notice.
(6) The decision takes effect on the day the written notice mentioned in subsection (3)
or (5) is given to the approval holder, or if a later day of effect is stated in the
notice, the later day.
(7) This section does not limit the power a local government may have apart from this
section to amend, suspend or cancel an approval.
19 Procedure for immediate suspension of approval
(1) Despite section 18, the local government may immediately suspend an approval if
the local government believes that continuation of the prescribed activity by the
approval holder poses—
(a) an urgent and serious threat to public health or safety; or
(b) an urgent and serious risk of environmental harm, property damage or loss of
amenity.
(2) The suspension—
(a) can be effected only by the local government giving a notice to the approval
holder about the decision to immediately suspend the approval, together with
a show cause notice about proposed action under section 18; and
(b) operates immediately the notices are given to the approval holder; and
(c) continues to operate until the earliest of the following happens—
(i) the local government cancels the suspension;
(ii) the local government gives the approval holder notice under
section 18(3) or (5) of its decision about the show cause notice;
(iii) 14 days have passed since the expiry of the stated time for the
making of written submissions regarding the show cause notice;
Section 14
Noosa Shire Council Local Law No. 1 (Administration) 2015 14
(iv) 14 days have passed since the approval holder notifies the local
government that it has made its final written submissions
regarding the show cause notice.
Part 3 Authorised persons
20 Appointment
An authorised person’s instrument of appointment5 must state the local laws, or
the provisions of local laws, for which the person is appointed as an authorised
person.
21 Threatening etc an authorised person6
A person must not threaten, insult or use abusive language to an authorised person.
Maximum penalty—20 penalty units.
Part 4 Review of decisions
22 Application for review
(1) A person who is given, or is entitled to be given, an information notice for a
decision under a local law (an original decision) may apply to the chief executive
officer7 for a review of the decision under this part.8
(2) The application (a review application) must be made within 14 days of—
(a) if the person is given an information notice for the decision—the day the
person is given the notice; or
(b) if paragraph (a) does not apply—the day the person otherwise becomes
aware of the original decision.
(3) However, the local government may, at any time, extend the time for making a
review application.
(4) The review application must be in writing and—
(a) accompanied by a statement of the grounds on which the applicant seeks the
review of the decision; and
(b) supported by enough information to enable the local government to decide
the application.
5
See the Act, chapter 6, part 6, for the power to appoint authorised persons.
6
See also the Act, section 149, in relation to obstructing a person enforcing a local government Act and section
150 in relation to impersonating an authorised person.
7
See definition of chief executive officer in the Act, schedule 4.
8
Persons who are aggrieved by a local government decision for which they do not receive, and are not entitled to
receive, an information notice may seek redress under the local government’s complaints process, which is
required by the Act, section 268.
Section 15
Noosa Shire Council Local Law No. 1 (Administration) 2015 15
23 Review decision
(1) The local government must review the original decision within 28 days after
receiving a review application and make a decision (the review decision) to—
(a) confirm the original decision; or
(b) amend the original decision; or
(c) substitute another decision for the original decision.
(2) The application must not be dealt with by—
(a) the person who made the original decision; or
(b) a person in a less senior office than the person who made the original
decision, unless the original decision was made by the chief executive
officer.
(3) The local government must, within 5 days of making the review decision, give the
applicant notice of the decision (the review notice).
(4) If the review decision is not the decision sought by the applicant, the review notice
must also state the reasons for the review decision.
(5) If the local government does not give the review notice within the 5 days, the local
government is taken to have made a review decision confirming the original
decision.
24 Stay of operation of original decision
(1) A review application does not stay the original decision that is the subject of the
application.
(2) However, the applicant may, immediately after being given the information notice
about the original decision, apply to the Magistrates Court for a stay of the original
decision.
(3) The court may stay the original decision to secure the effectiveness of the review.
(4) A stay may be granted on conditions the court considers appropriate.
Part 5 Enforcement
25 Production of records
(1) This section applies where an authorised person has entered a property under the
Act to find out whether the conditions of an approval have been complied with.9
(2) The authorised person may require the occupier of the property to produce for
inspection records that are required by the conditions of an approval.
(3) A person must comply with a requirement under subsection (2), unless the person
has a reasonable excuse.
Maximum penalty for subsection (3)—10 penalty units.
9
See the Act, section 132.
Section 16
Noosa Shire Council Local Law No. 1 (Administration) 2015 16
26 Compliance notice for contravention of local law or approval condition
(1) Subsection (2) applies if an authorised person is satisfied on reasonable grounds
that—
(a) a person—
(i) is contravening a local law or a condition of an approval; or
(ii) has contravened a local law or a condition of an approval in
circumstances that make it likely the contravention will continue
or be repeated; and
(b) a matter relating to the contravention can be remedied; and
(c) it is appropriate to give the person an opportunity to remedy the matter.
Examples for paragraph (b) of matters relating to a contravention that can be remedied—
If the contravention relates to a person’s failure to take action that is required under a local
law or a condition of an approval, then the matter can be remedied by the person taking
that action.
If the contravention relates to a person taking action that is prohibited under a local law or
a condition of an approval, then the matter can be remedied by the person stopping that
action.
(2) The authorised person may give10 a written notice (a compliance notice) to the
person (the recipient) requiring the person to remedy the contravention.11
(3) The compliance notice must state the following—
(a) the particular provision of the local law or condition of an approval the
authorised person believes is being, or has been, contravened; and
(b) briefly, how it is believed the provision of the local law or condition of an
approval is being, or has been, contravened; and
(c) the time by which the recipient must remedy the contravention; and
(d) that it is an offence to fail to comply with the compliance notice; and
(e) the maximum penalty for failing to comply with the compliance notice.
(4) The time under subsection (3)(c) must be reasonable having regard to—
(a) the action required to remedy the contravention; and
(b) the risk to public health and safety, the risk of damage to property or loss of
amenity and the risk of environmental harm posed by the contravention; and
(c) how long the recipient has been aware of the contravention.
(5) The compliance notice may also state the reasonable steps the authorised person
considers necessary to remedy the contravention or avoid further contravention.
Examples of reasonable steps to avoid further contravention—
The repetition of a specified action at stated intervals for a certain period.
Stopping taking an action that is prohibited by a local law or condition of an approval.
(6) The compliance notice must include, or be accompanied by, an information notice.
10
See the Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person.
11
Where a compliance notice is given to the owner of a property and requires action to be taken in relation to
that property, then it will constitute a remedial notice under the Act, section 138(2).
Section 17
Noosa Shire Council Local Law No. 1 (Administration) 2015 17
(7) The recipient must comply with the compliance notice.12
Maximum penalty for subsection (7)—50 penalty units.
27 Compliance notice authorised by local law
(1) This section applies if—
(a) a local law provides that an authorised person may give a compliance notice
to a person;13 and
(b) the authorised person gives14 a compliance notice to the person (the
recipient).15
(2) The compliance notice must state the following—
(a) the provision of the local law that authorises the authorised person to give a
compliance notice; and
(b) the specified action that the recipient must take to comply with the notice;
and
(c) the time by which the recipient must comply with the notice; and
(d) that it is an offence to fail to comply with the notice; and
(e) the maximum penalty for failing to comply with the notice.
(3) The specified action in subsection (2)(b) must not be inconsistent with action
required, by a remedial notice, to be taken under another Local Government Act.
(4) The time under subsection (2)(c) must be reasonable having regard to the risk to
public health and safety, the risk of damage to property or loss of amenity and the
risk of environmental harm that may result from failure to comply with the notice.
(5) The compliance notice must include, or be accompanied by, an information notice.
(6) The recipient must comply with the compliance notice.16
Maximum penalty for subsection (6)—50 penalty units.
28 Power to remove and cost recovery
(1) This section applies where—
(a) a structure or other material thing has been brought onto a local government
controlled area or road in contravention of a local law; or
12
See also sections 17(e) and 18 regarding the local government’s power to amend, suspend or cancel an
approval where a notice is not complied with, and the Act, section 142, regarding the local government’s power
to enter property and take action that is required under a remedial notice.
13
For example, see Local Law No.4 (Local Government Controlled Areas, Facilities & Roads) 2015 section 9(2)
(Power to require owner of land adjoining road to fence land) and Local Law No. 3 (Community &
Environmental Management) 2015, section 10(1) (Pest control notices), section 13(2) (Overgrown allotments),
section 14(2) (Accumulation of objects and materials on allotments), section 16(2) (Fire hazards), section 19(2)
(Community safety hazards).
14
See also footnote 10.
15
See also footnote 11.
16
See also footnote 12.
Section 18
Noosa Shire Council Local Law No. 1 (Administration) 2015 18
(b) a structure has been erected or installed in, on, across, under or over a road in
contravention of a local law.
(2) An authorised person may seize (by dismantling if necessary) and impound the
structure or thing if its immediate removal is necessary—
(a) in the interests of public health or safety; or
(b) to prevent environmental harm, property damage or loss of amenity.
(3) Where subsection (2) does not apply, an authorised person may seize (by
dismantling if necessary) and impound the structure or thing if—
(a) the owner, or person in possession, of the structure or thing has not complied
with a compliance notice requiring the owner or person to remove it; and
(b) the time for making an application for review of the compliance notice under
section 22 has expired.
(4) The local government may recover the cost of action taken under this section as a
debt from the person responsible for the activity mentioned in subsection (1).
(5) In this section—
thing does not include an animal.
29 Stop orders
(1) An authorised person may give a relevant person an order to immediately stop a
prescribed activity if the authorised person believes that continuation of the
activity poses—
(a) an urgent and serious threat to public health or safety; or
(b) an urgent and serious risk of environmental harm, property damage or loss of
amenity.
(2) An order under this section
(a) may be given orally or in writing; and
(b) operates until the earliest of the following happens
(i) the expiry of the period, of no more than 3 days, specified by the
authorised person when the order is given;
(ii) the local government immediately suspends the approval for the
prescribed activity under section 19.
(3) An authorised person must confirm an oral order in writing by the next business
day following the giving of the order.
(4) A person who receives an order under this section must comply with the order.
Maximum penalty for subsection (4)50 penalty units.
(5) This section does not affect the local government’s powers under another law.
(6) In this section—
relevant person means the approval holder for the prescribed activity or an
employee or agent of the approval holder currently conducting the prescribed
activity.
Section 19
Noosa Shire Council Local Law No. 1 (Administration) 2015 19
Part 6 Legal proceedings
30 Defence of reasonable excuse
If a person is charged with an offence involving a contravention of a local law, it
is a defence to prove that the person had a reasonable excuse for the contravention.
31 General defence for owners or occupiers of land
In a proceeding under a local law against the owner or occupier of land for an
offence relating to an act or omission with respect to the land, it is a defence for
the owner or occupier to prove that—
(a) the act or omission occurred without the owner’s or occupier’s knowledge
or consent; and
(b) the owner or occupier could not, by reasonable diligence, have prevented
the act or omission.
32 Joint and several liability
(1) If a local law imposes a liability on an owner or occupier of property, or a person
engaged in a particular activity, and 2 or more persons are the owners or occupiers
of the relevant property, or are jointly engaged in the relevant activity, the liability
is joint and several.
(2) This section applies both to civil liabilities and liabilities enforced by summary
proceedings under the Justices Act 1886.
33 Rewards
(1) The local government may, by public notice, offer a reward for information
leading to the conviction of a person for—
(a) an offence involving damage to, or theft of, property of the local
government or under the local government’s control; or
(b) an offence against a local law.
(2) The amount of the reward, and the conditions on which it is payable, must be
decided by resolution of the local government.
Part 7 Miscellaneous
34 Maintenance of good order at meetings
(1) A person who is not a member of the local government or a local government
committee must not obstruct the proper conduct of a meeting of the local
government or committee.
Maximum penalty for subsection (1)—20 penalty units.
Section 20
Noosa Shire Council Local Law No. 1 (Administration) 2015 20
(2) If a person (other than a member) obstructs the proper conduct of a meeting of the
local government or committee, the chairperson may ask the person to withdraw
from the meeting place.
(3) A person asked to withdraw from a meeting place under subsection (2) must
immediately withdraw from the place and remain away until the end of the
meeting or for a lesser period fixed by the chairperson.
Maximum penalty for subsection (3)—20 penalty units.
(4) If a person contravenes subsection (3), an authorised person may, at the request of
the chairperson, exercise reasonable force to remove the person, and keep the
person away, from the meeting place.
35 Fees
(1) If a local law provides for payment of a fee, and does not itself fix the amount of
the fee, the fee is to be fixed by resolution under the Act, chapter 4, part 2.
(2) A resolution fixing a fee may provide for the reimbursement of the fee in
appropriate circumstances.
Example—
Suppose that a person pays an approval fee appropriate to an approval of 1 year’s duration but,
because of unforeseen circumstances, surrenders the approval within 3 months after it is
granted. A resolution might provide that, in such a case, the former approval holder is to
receive a partial reimbursement of the approval fee.
(3) Unless specific provision to the contrary is made in the local law or resolution
fixing a fee, the local government may, in an appropriate case, waive or partially
remit a fee.
36 Abandoned goods
(1) This section applies where an authorised person considers on reasonable grounds
that goods have been abandoned in a local government controlled area or on a
road.
(2) The authorised person may seize and impound the goods.
37 Dealing with seized and impounded items
(1) This section applies where—
(a) an authorised person has exercised a power under a local law to seize and
impound a structure, thing or goods (an impounded item);17 or
(b) the local government has impounded an item that has been delivered into its
custody pursuant to a local law (also an impounded item) and the local law
states that this section is to apply.
(2) However, this section does not apply to an impounded item that is an animal18
17
See, for example, section 28 in relation to structures or things brought onto a local government controlled area
or road in contravention of a local law and section 36 in relation to abandoned goods.
18
See Local Law No.2 (Animal Management) 2015, part 4, in relation to the seizure of animals. See the Animal
Management (Cats and Dogs) Act 2008 in relation to the seizure of regulated dogs.
Section 21
Noosa Shire Council Local Law No. 1 (Administration) 2015 21
(3) If the impounded item is perishable, it may be immediately disposed of as the
chief executive officer directs and the proceeds applied in accordance with
subsection (6).
(4) A person may reclaim the impounded item if—
(a) written application is made to the chief executive officer; and
(b) proof is produced to the satisfaction of the chief executive officer that the
applicant is the owner of the item; and
(c) the applicant pays the prescribed fee for the impounding of the item.
(5) At the expiry of 1 month since the date of impounding, the impounded item is
forfeited to the local government, which may dispose of the item—
(a) if it has no commercial value or has a value that would not cover the costs of
sale of the item—as the chief executive officer directs; or
(b) by sale through—
(i) public auction or tender, following an advertisement published at
least 14 days before the date of the proposed sale; or
(ii) an agent of the local government; or
(iii) an enterprise owned by the local government; or
(c) if it has been offered for sale under paragraph (b) but has not been sold
within a reasonable period—as the chief executive officer directs.
(6) The proceeds of the sale or disposal of the impounded item must be applied—
(a) firstly, towards the costs of the sale or disposal; and
(b) secondly, towards the prescribed fee for impounding the impounded item;
and
(c) thirdly, to the former owner of the impounded item.
(7) If no person establishes a valid claim to the amount to which the former owner is
entitled under subsection (6)(c) within 1 year of the date of the sale or disposal, the
amount becomes the property of the local government.
Part 8 Subordinate local laws
38 Subordinate local laws
The local government may make subordinate local laws about—
(a) prescribed activities in respect of which the requirement for an approval does
not apply;19 and
(b) the categories of prescribed activities for the purposes of maximum
penalties;20
19
See section 6(3).
20
See section 6(4).
Section 22
Noosa Shire Council Local Law No. 1 (Administration) 2015 22
(c) the documents and materials that must accompany an application for an
approval;21 and
(d) additional criteria for the granting of approvals for prescribed activities;22
and
(e) the conditions that must be imposed on an approval or that will ordinarily be
imposed on an approval;23 and
(f) application requirements for which a third party certifier’s certificate may be
accepted by the local government;24 and
(g) the individuals or organisations that are declared as third party certifiers for
particular application requirements;25
(h) the qualifications that are necessary for an individual or organisation to
provide a third party certificate about particular application requirements;26
and
(i) the term for which an approval for a prescribed activity remains in force;27
and
(j) the further term for which an approval for a prescribed activity may be
renewed or extended;28 and
(k) categories of approvals that are non-transferable;29 and
(l) complementary accommodation prescribed as appropriate for
accommodation parks;30 and
(m) a State-controlled road to which this local law applies;31 and
(n) public place activities prescribed as regulated activities on local government
controlled areas and roads.32
21
See section 8(2)(a).
22
See section 9(1)(d).
23
See section 10(3).
24
See section 12(1).
25
See section 12(2), definition of third party certifier, paragraph(a).
26
See section 12(2), definition of third party certifier, paragraph(b).
27
See section 13(a).
28
See section 14(1)(a).
29
See section 15(2).
30
See schedule 1, definition of complementary accommodation, paragraph (b).
31
See schedule 1, definition of road, subparagraph (b)(i).
32
See schedule 2, part 2, definition of regulated activities on local government controlled areas and roads,
paragraph (c).
Section 23
Noosa Shire Council Local Law No. 1 (Administration) 2015 23
Schedule 1 Dictionary
Section 3
accommodation park includes—
(a) a place for parking and residing in caravans; and
(b) a camping ground; and
(c) a place that provides for complementary accommodation.
amend for an approval, includes varying a condition, removing a condition or
adding a condition.
approval includes a consent, permission, licence, permit or authorisation.
authorised person see the Act, schedule 433.
caravan see Residential Tenancies and Rooming Accommodation Act 2008,
section 7.
complementary accommodation means—
(a) accommodation in an on-site caravan, a cabin or a tent or other structure that
can be readily assembled and disassembled; or
(b) other accommodation prescribed under a subordinate local law for this
paragraph as appropriate to an accommodation park.
compliance notice means a compliance notice given under—
(a) section 26; or
(b) another local law that authorises the giving of a compliance notice.
disturbance, of human remains, includes interfering with remains, removal of
remains and opening of a site of burial
DOGIT land means land that is DOGIT land under the Aboriginal Land Act 1991,
section 13, or the Torres Strait Islander Land Act 1991, section 12.
entertainment includes recreation and amusement.
entertainment event means an event that is open to the public for entertainment
whether or not a charge for admission is made and whether or not the person who
controls admission to the place reserves a right to refuse admission.
environmental harm see Environmental Protection Act 1994, section 14.
goods does not include animals.
human remains means the body or part of the body of a deceased person.
information notice, for a decision, means a written notice stating the following—
(a) the decision; and
(b) the reasons for the decision; and
(c) that the person to whom the notice is given may apply for a review of the
decision within 14 days after the notice is given; and
(d) how to apply for a review.
33
See also section 20.
Section 24
Noosa Shire Council Local Law No. 1 (Administration) 2015 24
Local Government Act see the Act, schedule 4.
local government cemetery means a cemetery under the control of the local
government, including a cemetery located on land owned by the local government
or on land for which the local government is the trustee.
local government controlled area—
1 A local government controlled area means land, facilities and other
infrastructure owned, held in trust or otherwise controlled by the local
government, other than a road.
Examples of local government controlled areas—
parks, reserves and gazetted foreshores
camping grounds or caravan parks on land owned or controlled by the local government
local government swimming pools
cemeteries
Council Chambers and local government offices
jetties.
2 A local government controlled area includes part of a local government
controlled area.
3 A local government controlled area does not include a residential lot on
DOGIT land.
network connection see the Act, section 35(2).
prescribed activity see section 5.
prescribed fee means a cost-recovery fee fixed by the local government, by local
law or by resolution, under the Act34.
property see Acts Interpretation Act 1954, section 36.
public notice means a notice published in a newspaper circulating in the local
government’s area.
public place see the Act, section 125(5).
residence means human habitation on a short-term or long-term basis.
review decision see section 23(1).
road means—
(a) a road as defined in the Act, section 59; and
(b) a State-controlled road—
(i) prescribed under a subordinate local law for this subparagraph as a
road to which this local law applies unless otherwise provided; and
(ii) in respect of which the chief executive has given written
agreement under the Transport Operations (Road Use
Management) Act 1995, section 66(5)(b).
shared facility accommodation means accommodation occupied or available for
occupation by residents, in return for payment, on the basis of residents sharing 1
or more of the following facilities—
34 See the Act, section 97.
Section 25
Noosa Shire Council Local Law No. 1 (Administration) 2015 25 (a) dormitories or bedrooms; (b) toilets; (c) bathrooms, showers or other bathing facilities; (d) laundries; (e) dining facilities; (f) cooking facilities; (g) recreation facilities. show cause notice see section 18(2). the Act means the Local Government Act 2009.
Section 26
Noosa Shire Council Local Law No. 1 (Administration) 2015 26
Schedule 2 Prescribed activities
Section 5
Part 1 Prescribed activities
alteration or improvement to local government controlled areas and roads
commercial use of local government controlled areas and roads
establishment or occupation of a temporary home
installation of advertising devices
keeping of animals
operation of accommodation parks
operation of cemeteries
operation of public swimming pools
operation of shared facility accommodation
operation of temporary entertainment events
undertaking regulated activities regarding human remains
undertaking regulated activities on local government controlled areas and roads
Part 2 Definitions of prescribed activities
alteration or improvement to local government controlled areas and roads35
means—
1 Alteration or improvement to local government controlled areas and roads
means—
(a) installing, changing, damaging or removing a structure in a local government
controlled area or on a road; or
(b) planting, clearing or damaging of vegetation in a local government
controlled area or on a road.
2 Alteration or improvement to local government controlled areas and roads
does not include an alteration or improvement—
35
Where a local government controlled area comprises land held on trust by the local government under the
Land Act 1994, the local government must take account of, and give precedence to, its rights, powers and
responsibilities as a trustee under that Act.
Section 27
Noosa Shire Council Local Law No. 1 (Administration) 2015 27
(a) that constitutes development under the Planning Act36; or
(b) for which a tree clearing permit is required under the Vegetation
Management Act 1999; or
(c) that involves a network connection; or
(d) for which written approval of the local government is required under section
75 of the Act.
commercial use of local government controlled areas37 and roads means the use
of a local government controlled area or road for soliciting or carrying on the
supply of goods and services (including food or drink) for profit, but does not
include the following—
(a) the provision of a public passenger service under the Transport Operations
(Passenger Transport) Act 1994;
(b) a business on part of a road if the person carrying on the business is
authorised by a permit under the Land Act 1994 to occupy the relevant part
of the road for carrying on the business;
(c) a business that a person is authorised to carry on under the Transport
Infrastructure Act 1994;
(d) using a road for a particular purpose if the use constitutes development under
the Planning Act;
(e) operation of a temporary entertainment event;
(f) undertaking a regulated activity on a local government controlled area or
road where the activity is the holding of a public place activity.
establishment or occupation of a temporary home means the erection,
construction, installation, positioning or placement of a structure used or intended
for temporary use as a place of residence but does not include—
(a) a structure for erection which is constituted as development under the
Planning Act; or
(b) the establishment or the occupation of a temporary home on or in an
accommodation park.
installation of advertising devices means the installation, erection or display of an
advertisement or sign that is visible from a road or other public place.38
keeping of animals means the keeping of an animal or animals for which an
approval is required under Local Law No.2 (Animal Management) 2015.
operation of accommodation parks means to operate, on a commercial basis, an
accommodation park.
operation of cemeteries means to operate a place for disposing of human remains
by—
36
See the definition of Planning Act in the Act, schedule 4.
37
See footnote 36.
38
See the Act, section 37(5), regarding the relationship between a local law about advertising devices and the
local government’s planning scheme.
Section 28
Noosa Shire Council Local Law No. 1 (Administration) 2015 28
(a) burial; or
(b) cremation; or
(c) placement in a columbarium, mausoleum or vault.
operation of public swimming pools means the operation of a swimming pool that
is made available for use to—
(a) members of the public or a section of the public; or
(b) participants in organised swimming or diving competitions or in training for
organised swimming or diving competitions; or
(c) persons who have a commercial relationship with the owner of the pool.
operation of shared facility accommodation means the provision of shared facility
accommodation to holiday makers or travellers, but does not include
accommodation in a hotel or motel.
operation of temporary entertainment events means the opening to the public, or
the preparation for opening to the public, of an entertainment event and for which
the opening to the public does not constitute development under the Planning Act.
undertaking regulated activities regarding human remains means undertaking
one of the following activities—
(a) disturbance of human remains buried outside a cemetery; or
(b) burial or disposal of human remains (excluding cremated remains) outside a
cemetery; or
(c) disturbance of human remains in a local government cemetery.
undertaking regulated activities on local government controlled areas39 and
roads means undertaking one of the following activities on a local government
controlled area or road—
(a) driving or leading of animals to cross a road; or
(b) depositing of goods or materials; or
(c) holding of a public place activity prescribed under a subordinate local law
for this paragraph, excluding the operation of a temporary entertainment
event.
Example for paragraph (c)— A subordinate local law may prescribe that a display or
information booth in a public park or on a footpath is a regulated activity.
39
See footnote 36.
Section 29
Noosa Shire Council Local Law No. 1 (Administration) 2015 29
CERTIFICATION
This and the preceding 28 pages bearing my initials is a certified
copy of the consolidated version of Noosa Shire Council Local Law
No. 1 (Administration) 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) 2018.
.....................................................
Chief Executive Officer
722185_1
Section 30
Noosa Shire Council
Local Law No 2
(Animal Management) 2015
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Noosa Shire Council
Local Law No 2
(Animal Management) 2015Section 31
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 2
Noosa Shire Council
Local Law No. 2 (Animal Management) 2015
Contents
Part 1 Preliminary...........................................................................................4
1 Short title ............................................................................................................. 4
2 Purpose and how it is to be achieved ................................................................. 4
3 Definitions—the dictionary .................................................................................. 4
4 Relationship with other laws ............................................................................... 4
Part 2 Keeping of animals .............................................................................5
Division 1 Prohibition on keeping animals 5
5 Prohibition on keeping animals in prescribed circumstances ............................. 5
Division 2 Animals for which approval is required 5
6 Requirement for approval .................................................................................... 5
Division 3 Animals for which desexing is required 6
7 Requirement to desex an animal ........................................................................ 6
Division 4 Minimum standards 7
8 Minimum standards for keeping animals ............................................................ 7
Division 5 Identification of registered cats and dogs 7
9 Identification for cats and dogs in certain circumstances ................................... 7
Part 3 Control of animals ...............................................................................7
Division 1 Animals in public places 7
10 Exclusion of animals ........................................................................................... 7
11 Dog off-leash areas ............................................................................................ 8
12 Control of animals in public places ..................................................................... 8
13 Person in control of dog or prescribed animal to clean up faeces ..................... 9
Division 2 Restraint of animals 9
14 Duty to provide proper enclosure and prevent animal from wandering .............. 9
15 Koala conservation requirements ..................................................................... 10
Division 3 Aggressive behaviour by animals other than dogs 10
16 Limited application of division to dogs .............................................................. 10
17 Animals not to attack or cause fear to persons or animals............................... 10
18 Defences for offence against s 17 .................................................................... 11
Division 4 Dangerous animals other than dogs 12
19 Declaration of dangerous animal other than a dog .......................................... 12
20 Power to require responsible person for declared dangerous animal to take
Section 32
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 3
specified action ................................................................................................. 12
Part 4 Seizure, impounding or destruction of animals .............................12
Division 1 Seizure of animals 12
21 Seizure of animals ............................................................................................ 12
Division 2 Destruction of animal without notice 13
22 Power to immediately destroy seized animal ................................................... 13
Division 3 Return or impounding of animals 14
23 Immediate return of animal seized wandering at large ..................................... 14
24 Impounding of seized animal ............................................................................ 14
25 What is a notice of impounding ........................................................................ 14
26 Dealing with animal seized and impounded for wandering at large ................. 15
27 Dealing with animal seized and impounded for non-compliance with local law 15
28 Dealing with animal seized and impounded for attacking etc a person or
another animal .................................................................................................. 16
29 Reclaiming an impounded animal .................................................................... 16
Division 4 Destruction of animal following notice 17
30 Destruction orders ............................................................................................ 17
Division 5 Disposal of impounded animals 18
31 Application of this division ................................................................................ 18
32 Sale, disposal or destruction of animals ........................................................... 18
Division 6 Other impounding matters 19
33 Register of impounded animals ........................................................................ 19
34 Access to impounded animal ............................................................................ 20
35 Unlawful removal of seized or impounded animal ............................................ 20
Part 5 Appeals against destruction orders ................................................20
36 Who may appeal ............................................................................................... 20
37 Starting appeal.................................................................................................. 21
38 Stay of destruction order .................................................................................. 21
39 Hearing procedures .......................................................................................... 21
40 Court’s powers on appeal ................................................................................. 21
41 Appeal to District Court ..................................................................................... 22
Part 6 Miscellaneous....................................................................................22
42 Sale of animals ................................................................................................. 22
43 Subordinate local laws ...................................................................................... 22
Schedule Dictionary...........................................................................................24
Section 33
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 4
Part 1 Preliminary
1 Short title
This local law may be cited as Noosa Shire Council Local Law No. 2 (Animal
Management) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this local law is to regulate and manage the keeping and control of
animals in the local government’s area in a way that—
(a) balances community expectations with the rights of individuals; and
(b) protects the community against risks to health and safety; and
(c) prevents pollution and other environmental damage; and
(d) protects the amenity of the local community and environment.
(2) The purpose is to be achieved by providing for—
(a) the regulation of the keeping of animals in terms of how many, what type,
how, and where animals can be kept; and
(b) the prescription of minimum standards for keeping animals; and
(c) the proper control of animals in public places and koala conservation areas;
and
(d) the management of dangerous or aggressive animals other than dogs;1 and
(e) the seizure and destruction of animals in certain circumstances; and
(f) the establishment and administration of animal pounds.
3 Definitions—the dictionary
The dictionary in the schedule defines particular words used in this local law.
4 Relationship with other laws2
This local law is—
(a) in addition to, and does not derogate from—
(i) laws regulating the use or development of land; and
(ii) other laws about the keeping or control or welfare of animals; and
(b) to be read with Local Law No. 1 (Administration) 2015.
1
The Animal Management (Cats and Dogs) Act 2008 provides for the management of regulated dogs,
comprising declared dangerous dogs, declared menacing dogs and restricted dogs.
2 This local law and any subordinate local law made under it do not apply to the extent of any inconsistency
with a law of the State or Commonwealth. See the Act, section 27.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 5
Part 2 Keeping of animals
Division 1 Prohibition on keeping animals
5 Prohibition on keeping animals in prescribed circumstances
(1) The local government may, by subordinate local law, prohibit the keeping of
animals in prescribed circumstances.
(2) The circumstances in which the keeping of animals is prohibited may be specified by
reference to 1 or more of the following factors—
(a) species;
(b) breed;
(c) sex;
(d) age;
(e) number;
(f) whether an animal is a restricted dog;3
(g) the locality in which the animal would be kept;
(h) the nature of the premises in which the animal would be kept, including the
size of the enclosure or the size of the allotment.4
Example for subsection (2)—
A prohibition may be imposed in relation to keeping certain species or a prescribed number of
animals of a certain species in an urban locality.
(3) A person must not keep an animal in contravention of a prohibition under this
section.
Maximum penalty for subsection (3)—50 penalty units.
Division 2 Animals for which approval is required
6 Requirement for approval
(1) Subject to subsections (3) and (4), the local government may, by subordinate local
law, require an approval5 for keeping an animal or animals in prescribed
circumstances.
3
Section 72(3) of the Animal Management (Cats and Dogs) Act 2008 provides: “A permit application may be
made for more than 1 restricted dog for the same place only if the keeping of more than 1 restricted dog and
more than 1 dog of any breed is permitted under a local law.”
4
See the Animal Management (Cats and Dogs) Act 2008, chapter 4, regarding particular conditions on keeping
regulated dogs, including requirements about enclosures.
5
Keeping an animal for which an approval is required under this local law is a prescribed activity under
schedule 2 of Local Law No. 1 (Administration) 2015. The process for obtaining an approval for a prescribed
activity is set out in part 2 of that local law and section 6 creates an offence for a person undertaking a prescribed
activity without a current approval.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 6
(2) The circumstances in which an approval is required may be specified by reference to
1 or more of the following factors—
(a) species;
(b) breed;
(c) sex;
(d) age;
(e) number;
(f) the locality in which the animal is to be kept, including whether it is an
urban or non-urban locality;
(g) the nature of the premises in which the animal is to be kept, including the
size of the enclosure or the size of the allotment.6
(3) An approval under this section is not required for the keeping of animals on land if
the keeping of the animals on the land is authorised by a development approval
under the Planning Act7.
(4) Under this section, the local government may not require an approval for keeping a
restricted dog.8
Division 3 Animals for which desexing is required
7 Requirement to desex an animal
(1) The local government may, by subordinate local law, require an animal of a
particular species or breed to be desexed.
(2) The subordinate local law may—
(a) specify that the requirement for desexing only applies once an animal
reaches a certain age; and
(b) exempt animals under particular circumstances.
Example for paragraph (b)—
Exemption might be provided for an animal that is owned by a member of a recognised breeders’
association for the purposes of breeding or showing.
(3) A person must not keep an animal that is required to be desexed unless the animal
has been desexed.
Maximum penalty for subsection (3)—20 penalty units.
6
See note 4.
7 See the definition of Planning Act in the Act, schedule 4.
8
Section 71 of the Animal Management (Cats and Dogs) Act 2008 requires a permit issued by the local
government for a person to own or be responsible for a restricted dog. The processes for the granting of
restricted dog permits are set out under chapter 4, part 3 of that Act.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 7
Division 4 Minimum standards
8 Minimum standards for keeping animals
(1) The local government may, by subordinate local law, specify minimum standards
for the keeping of animals or a particular species or breed of animal.
(2) A person who keeps an animal must ensure that the relevant minimum standards
prescribed by a subordinate local law are complied with.9
Maximum penalty for subsection (2)—20 penalty units.
(3) If a person is required to hold an approval to keep an animal, the obligation to
comply with the minimum standards prescribed by a subordinate local law is in
addition to an obligation imposed by a condition of the approval.
Division 5 Identification of registered cats and dogs
9 Identification for cats and dogs in certain circumstances
The local government may, by subordinate local law, prescribe the identification
required by the Animal Management (Cats and Dogs) Act 2008 for a cat or dog
that is at a place other than the address stated in the registration notice for the cat
or dog.10
Part 3 Control of animals
Division 1 Animals in public places
10 Exclusion of animals
(1) The local government may, by subordinate local law, specify public places where
animals, or animals of a particular species or breed, are prohibited.
(2) The owner or responsible person for an animal must ensure that the animal is not
in a public place in contravention of a prohibition specified under subsection (1).
Maximum penalty for subsection (2)—20 penalty units.
(3) The local government must take reasonable steps to provide notice to members of
the public regarding the animals that are prohibited in a particular public place.
(4) In this section—
reasonable steps include, as a minimum, the display of a notice at a prominent
place within the particular public place, stating—
9
See also Animal Management (Cats and Dogs) Act 2008, schedule 1, sections 4 to 5, regarding the
requirements about enclosures for declared dangerous dogs, declared menacing dogs and restricted dogs.
10
Section 45 of the Animal Management (Cats and Dogs) Act 2008 requires a person who keeps a cat or dog at a
place other than the address in the registration notice to ensure it bears the identification prescribed by the local
government under a local law.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 8
(a) the animals that are prohibited in the place; and
(b) in general terms, the provisions of subsection (2).
11 Dog off-leash areas
(1) The local government may, by subordinate local law, designate an area within a
public place as an area where a dog is not required to be on a leash (a dog off-
leash area).
(2) The local government must take reasonable steps to provide notice to members of
the public regarding the designation of an area as a dog off-leash area.
(3) In this section—
reasonable steps include, as a minimum, the display of a notice at a prominent
place within the dog off-leash area indicating the extent of the area.
12 Control of animals in public places11
(1) The owner or responsible person for an animal must ensure that the animal is not
in a public place—
(a) unless the animal is under the effective control of someone; and
(b) if the animal is a declared dangerous animal12—unless the animal is securely
restrained to prevent it from—
(i) attacking a person or animal; or
(ii) acting in a way that causes fear to a person or animal; or
(iii) causing damage to property.
Maximum penalty for subsection (1)—20 penalty units.
(2) The owner or responsible person for a dog that is on heat must ensure that the
animal is not in a public place.
Maximum penalty for subsection (2)—20 penalty units.
(3) An animal is under the effective control of someone only if—
(a) a person who is physically able to control the animal—
(i) is holding it by an appropriate leash, halter or rein; or
(ii) has appropriately tethered it to an object fixed to a place from
which the object can not be moved by the animal and is
continuously supervising the animal; or
(iii) has corralled it in a temporary enclosure adequate to contain the
animal and is continuously supervising the animal; or
11
See also Animal Management (Cats and Dogs) Act 2008, schedule 1, section 3, regarding the requirement for
muzzling and effective control of regulated dogs in public and section 93, which applies this requirement where
a dog is subject to a proposed declaration notice.
12
See the definition of declared dangerous animal in the schedule.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 9
(b) the animal is tethered in or on a vehicle and unable to reach beyond the
vehicle extremities; or
(c) the animal is a dog in a dog off-leash area and under the supervision of a
person who is able to control the animal by voice command; or
(d) the animal is participating in, or being exhibited or trained at, an exhibition
or an obedience trial supervised by a body recognised for this section by the
local government; or
(e) the animal is a working animal actually engaged in moving livestock and
under the supervision of a person who is able to control the animal by voice
command.
13 Person in control of dog or prescribed animal to clean up faeces
If a dog or any other animal prescribed by subordinate local law defecates in a
public place, the person who has control of the dog or animal must immediately
remove and dispose of the faeces in a sanitary way.
Maximum penalty—20 penalty units.
Division 2 Restraint of animals
14 Duty to provide proper enclosure and prevent animal from wandering
(1) A person who keeps an animal must maintain a proper enclosure to prevent the
animal from wandering or escaping from the person’s land.13
Maximum penalty for subsection (1)—20 penalty units.
(2) The local government may, by subordinate local law, prescribe requirements for a
proper enclosure for an animal or species or breed of animal.
(3) The owner of the animal must ensure that it is not wandering at large.14
Maximum penalty for subsection (3)—20 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (3) for the
defendant to prove that—
(a) the defendant maintained a proper enclosure for the animal and could not,
by the exercise of reasonable diligence, have prevented the escape of the
animal; or
(b) the animal was wandering at large in circumstances authorised by the
conditions of an approval granted under a local law.
Example for paragraph (b)—
The conditions of an approval to keep racing pigeons might authorise the approval holder to
release the pigeons from their enclosure for a certain amount of time each day and during official
pigeon racing events.
13
See also Animal Management (Cats and Dogs) Act 2008, schedule 1, sections 4 to 5, regarding the
requirements about enclosures for declared dangerous dogs, declared menacing dogs and restricted dogs.
14
See the definition of wandering at large in the schedule.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 10
15 Koala conservation requirements
(1) The local government may, by subordinate local law, prescribe requirements for
keeping a dog on land that is within a koala area.
(2) The prescribed requirements may relate to—
(a) the enclosure in which the dog must be kept between sunset and sunrise; or
(b) tethering the dog between sunset and sunrise to prevent it from attacking a
koala; or
(c) fencing that must be in place to separate dogs from koalas on the land or on
a part of the land; or
(d) other measures that will be likely to prevent an attack by the dog on a koala
between sunset and sunrise.
(3) A person who keeps a dog on land that is within a koala area must comply with
requirements prescribed under this section.
Maximum penalty for subsection (3)—20 penalty units.
(4) In this section—
koala area means—
(a) a koala habitat area; or
(b) an area designated by subordinate local law as a koala area.
koala habitat area means an area designated as a koala habitat by—
(a) a conservation plan made under the Nature Conservation Act 1992; or
(b) a State planning instrument.
Division 3 Aggressive behaviour by animals other than dogs
16 Limited application of division to dogs15
(1) Unless otherwise indicated, this division does not apply in relation to aggressive
behaviour by a dog.
(2) In this section—
aggressive behaviour means attacking, or acting in a way that causes fear to,
someone else or another animal.
17 Animals not to attack or cause fear to persons or animals
(1) A responsible person for an animal must take reasonable steps to ensure the animal
does not attack, or act in a way that causes fear to, someone else or another animal.
15
Aggressive behaviour by dogs is covered by the Animal Management (Cats and Dogs) Act 2008, sections 194
to 196.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 11
Maximum penalty for subsection (1)—
(a) if the attack causes the death of or grievous bodily harm to a person—300
penalty units; or
(b) if the attack causes the death of or grievous bodily harm to another animal—
100 penalty units; or
(c) if the attack causes bodily harm to a person or another animal—50 penalty
units; or
(d) otherwise—20 penalty units.
(2) A person must not allow or encourage an animal to attack, or act in a way that
causes fear to, a person or another animal.
Maximum penalty for subsection (2)—
(a) if the attack causes the death of or grievous bodily harm to a person—300
penalty units; or
(b) if the attack causes the death of or grievous bodily harm to another animal—
100 penalty units; or
(c) if the attack causes bodily harm to a person or another animal—50 penalty
units; or
(d) otherwise—20 penalty units.
(3) In this section—
allow or encourage, without limiting the Criminal Code, sections 7 and 8,
includes cause to allow or encourage.
another animal does not include vermin that are not the property of anyone.
Examples of vermin that are someone’s property—
a pet mouse or guinea pig
vermin that are protected animals under the Nature Conservation Act 1992.16
18 Defences for offence against s 17
It is a defence to a prosecution for an offence against section 17 for the defendant
to prove that the animal attacked, or acted in a way that caused fear to, the person or
other animal—
(a) as a result of the animal being attacked, mistreated, teased, or provoked by
the person or other animal, including a dog; or
(b) to protect the responsible person, or a person accompanying the responsible
person (the accompanying person), or the responsible person’s or
accompanying person’s property.
16
See section 83 of that Act.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 12
Division 4 Dangerous animals other than dogs17
19 Declaration of dangerous animal other than a dog
(1) A local government may, by subordinate local law, specify criteria for an
authorised person to declare an animal other than a dog to be a declared dangerous
animal.
(2) An authorised person may declare an animal other than a dog to be a declared
dangerous animal if the animal meets the criteria prescribed by subordinate local
law.
(3) A declaration under subsection (2) takes effect at the time the local government
gives the responsible person for the animal an information notice18 about the
declaration.
20 Power to require responsible person for declared dangerous animal to
take specified action
An authorised person may, by giving a compliance notice,19 require the
responsible person for a declared dangerous animal to take specified action—
(a) to warn persons who enter land on which the animal is kept of the presence
of a declared dangerous animal on the land; and
(b) to ensure that the animal remains in secure custody and is unable to attack
or cause fear to persons or other animals or cause damage to another
person’s property.
Part 4 Seizure, impounding or destruction of
animals
Division 1 Seizure of animals
21 Seizure of animals
(1) An authorised person may seize20 an animal, other than a dog,21 in the following
circumstances—
(a) the animal is found wandering at large; or
17
Dangerous dogs are dealt with in the Animal Management (Cats and Dogs) Act 2008.
18
See the definition of information notice in Local Law No.1 (Administration) 2015, schedule 1.
19
See Local Law No.1 (Administration) 2015, section 27 regarding the requirements for compliance notices and
the offence for not complying with a compliance notice.
20
See the Local Government Act 2009, chapter 5, part 2, division 1 in relation to authorised persons’
enforcement powers, including entry to land.
21
See the Animal Management (Cats and Dogs) Act 2008, section 125, for seizure of a dog.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 13
(b) the responsible person for the animal has not complied with a compliance
notice that has been issued in relation to compliance with this local law; or
(c) the animal has attacked, threatened to attack, or acted in a way that causes
fear to, a person or another animal; or
(d) the authorised person considers on reasonable grounds that the animal has
been abandoned, left or found on a road in the circumstances mentioned in
section 100(12) of the Transport Operations (Road Use Management) Act
1995.22
(2) An authorised person may seize a dog in the following circumstances—
(a) the dog is found wandering at large; or
(b) the responsible person for the dog has not complied with a compliance
notice that has been issued in relation to compliance with this local law; or
(c) the authorised person considers on reasonable grounds that the animal has
been abandoned, left or found on a road in the circumstances mentioned in
section 100(12) of the Transport Operations (Road Use Management) Act
1995.
(3) The authorised person may seize an animal under subsection (1)(a) or a dog under
subsection (2)(a) where—
(a) another person has found the animal or dog wandering at large and
delivered it to the authorised person; or
(b) an occupier of private land has found the animal or dog wandering at large
on the land, taken it under effective control and requested the authorised
person to enter the land to seize it.
(4) However, an authorised person is not obliged to accept the custody of an animal
under this section.
(5) For the purposes of seizing an animal, an authorised person may take any action,
including the use of force, which is reasonable in the circumstances to capture or
control the animal.
Division 2 Destruction of animal without notice
22 Power to immediately destroy seized animal
(1) This section applies where an authorised person has seized an animal, other than a
regulated dog,23 under this local law or another law.
(2) The authorised person may, without notice, immediately destroy the animal if—
(a) the authorised person reasonably believes the animal is dangerous and the
authorised person can not control it; or
22
The Transport Operations (Road Use Management) Act 1995, section 100(13) provides: “If a local law
provides for a matter mentioned in subsection (12), subsections (3) to (11) no longer apply in the local
government’s area.”
23 See the Animal Management (Cats and Dogs) Act 2008, section 127, for power to destroy a seized regulated
dog.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 14
(b) the animal is significantly suffering as a result of disease, severe emaciation
or serious injuries; or
(c) an owner of the animal has requested the authorised person to destroy it.
Division 3 Return or impounding of animals
23 Immediate return of animal seized wandering at large
(1) This section applies where—
(a) an animal has been seized under section 21(1)(a) or section 21(2)(a); and
(b) the authorised person who seizes the animal knows, or can readily find out,
the name and address of the owner or responsible person for the animal.
(2) The authorised person may return the animal to the owner or responsible person.
24 Impounding of seized animal
An authorised person who seizes an animal under this local law or another law
may impound the animal at a place of care for animals operated by—
(a) the local government; or
(b) another organisation or local government prescribed by subordinate local
law.
Example for paragraph (a)—
An animal pound.
Example for paragraph (b)—
A veterinary surgery or an animal refuge.
25 What is a notice of impounding
(1) A notice of impounding means a written notice, given to the owner or responsible
person for an animal, stating that—
(a) the animal has been impounded; and
(b) the animal may be reclaimed within the prescribed period provided that—
(i) the cost-recovery fee is paid; and
(ii) if an approval or registration is required for the keeping of the
animal and the owner or responsible person does not have the
approval or registration— the approval or registration is obtained;
and
(iii) if the animal has been seized under section 21(1)(b) or 21(2)(b)—
the owner or responsible person has complied with the relevant
compliance notice; and
(iv) continued retention of the animal is not needed as evidence for a
proceeding or proposed proceeding for an offence involving the
animal; and
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 15
(v) no destruction order has been made for the animal.
(2) In this section—
relevant compliance notice means the compliance notice mentioned in section
21(1)(b) or 21(2)(b).
26 Dealing with animal seized and impounded for wandering at large
(1) Subsection (2) applies where—
(a) an authorised person has impounded an animal seized under section 21(1)(a)
or 21(2)(a); and
(b) the animal was not a declared dangerous animal at the time of being seized;
and
(c) the authorised person knows, or can readily find out, the name and address
of the owner or responsible person for the animal.
(2) The authorised person must give the owner or responsible person a notice of
impounding.
(3) Subsection (4) applies where—
(a) an authorised person has impounded a declared dangerous animal seized
under section 21(1)(a); or
(b) an authorised person has impounded an animal that has been seized more
than 3 times during a 12 month period.
(4) The authorised person may—
(a) give the owner or responsible person for the animal a notice of impounding;
or
(b) make a destruction order for the animal under section 30.
27 Dealing with animal seized and impounded for non-compliance with local
law
(1) This section applies where an authorised person has impounded an animal seized
under section 21(1)(b) or 21(2)(b).
(2) The authorised person may—
(a) give the owner or responsible person for the animal a notice of impounding;
or
(b) if the animal was being kept in contravention of section 5 of this local law
or is an animal for which an approval cannot be granted under this local law
or is an animal for which an application for approval under this local law
has been rejected— dispose of the animal under division 5.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 16
28 Dealing with animal seized and impounded for attacking etc a person or
another animal
(1) This section applies where an authorised person has impounded an animal seized
under section 21(1)(c).
(2) The authorised person may24—
(a) make a destruction order for the animal under section 30; or
(b) give the owner or responsible person a notice of impounding.
29 Reclaiming an impounded animal
(1) This section applies where—
(a) the owner or responsible person for an animal has been given a notice of
impounding; or
(b) an authorised person does not know, and cannot readily find out, the name
and address of an owner or responsible person for the animal.
(2) The animal may be reclaimed by an owner or responsible person if the owner or
responsible person—
(a) reclaims the animal within the prescribed period; and
(b) pays the cost-recovery fee; and
(c) if an approval or registration is required for the keeping of the animal and
the owner or responsible person does not have the approval or registration—
obtains the approval or registration; and
(d) if the responsible person has not complied with a current compliance notice
that has been issued in relation to compliance with this local law—complies
with the compliance notice.
(3) However, the animal may not be reclaimed by an owner or responsible person if—
(a) continued retention of the animal is needed as evidence for a proceeding or
proposed proceeding for an offence involving the animal; or
(b) a destruction order has been made for the animal.
(4) The animal may be reclaimed by an owner or responsible person for the animal if
an event as follows happens—
(a) if subsection (3)(a) applies—
(i) an authorised person advises the owner or responsible person that
the animal’s continued retention as evidence is no longer
required; and
(ii) the owner or responsible person has satisfied subsection (2)(b)-
(d);
(b) if subsection (3)(b) applies—
24
An authorised person may also declare an animal as a declared dangerous animal under section 19 if specified
criteria are met.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 17
(i) an application for a review or an appeal is made relating to the
destruction order and, as a result of the review or appeal, the
order is no longer in force; and
(ii) the owner or responsible person has satisfied subsection (2)(b)-
(d).
Division 4 Destruction of animal following notice
30 Destruction orders
(1) An authorised person may make an order (a destruction order) stating the person
proposes to destroy an animal 14 days after the order is served.
(2) A destruction order may only be made in 1 or more of the following
circumstances—
(a) the animal has attacked, threatened to attack, or acted in a way that causes
fear to, a person or another animal; or
(b) the animal is a declared dangerous animal and was found wandering at
large; or
(c) the animal has been seized more than 3 times during a 12 month period.
(3) The destruction order must—
(a) be served on a person who owns, or is a responsible person for, the animal;
and
(b) include or be accompanied by an information notice.25
(4) If a destruction order is made for the animal, the person may destroy the animal 14
days after the order is served if no review application has been made relating to the
decision to make the order.
(5) If an application for review has been made relating to the decision to make the
order, the person may destroy the animal if—
(a) the review is finally decided or is otherwise ended; and
(b) the order is still in force; and
(c) the time allowed for filing a notice of appeal has expired and no notice of
appeal has been filed.
(6) If an appeal is made relating to the decision to make the order, the person may
destroy the animal if—
(a) the appeal is finally decided or is otherwise ended; and
(b) the order is still in force.
(7) If the animal has been impounded, the owner or responsible person for an animal
may reclaim the animal if—
25
See note 17.
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 18
(a) a review relating to the decision to make the order is finally decided or is
otherwise ended; and
(b) no application for an appeal has been made against the order; and
(c) the order is no longer in force; and
(d) the owner or responsible person has satisfied section 29(2)(b)-(d).
(8) If the animal has been impounded, the owner or responsible person for an animal
may reclaim the animal if—
(a) an appeal relating to the decision to make the order is finally decided or is
otherwise ended; and
(b) the order is no longer in force; and
(c) the owner or responsible person has satisfied section 29(2)(b)-(d).
(9) In this section—
review means a review conducted under the process mentioned in part 4 of Local
Law No.1 (Administration) 2015.
appeal means an appeal under part 4 of this local law.
Division 5 Disposal of impounded animals
31 Application of this division
This division applies where
(a) an impounded animal has not been reclaimed within the prescribed period
under section 29(2); or
(b) if section 29(3)(a) applies the impounded animal has not been reclaimed
within 3 days of an authorised person’s advice to the owner or responsible
person that the animal’s continued retention as evidence is no longer
required; or
(c) if section 29(3)(b) applies—the impounded animal has not been reclaimed
within 3 days of the completion of a review or appeal that caused a
destruction order to no longer be in force; or
(d) an authorised person has seized an animal mentioned in section 27(2)(b); or
(e) the owner of an animal has surrendered the animal to the local government.
32 Sale, disposal or destruction of animals
(1) The local government may
(a) offer the animal for sale by public auction or by tender; or
(b) if the animal is an animal mentioned in section 27(2)(b) or is of a species,
breed or class specified by subordinate local law for this paragraph
(i) sell the animal by private agreement; or
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Noosa Shire Council Local Law No. 2 (Animal Management) 2015 19
(ii) dispose of the animal in some other way without destroying it; or
(iii) destroy the animal.
Example for paragraph (b)—
The subordinate local law might specify dogs, cats and other small domestic animals, for which a
public auction or tender might not be practicable.
(2) An animal may only be sold or disposed of under subsection (1) if the local
government is satisfied that this will not result in the animal being kept in
contravention of the requirements of this local law.
Examples—
A pig that has been seized because it is being kept in an urban area in contravention of a
prohibition under a subordinate local law could be sold to a person outside the urban area
but not to another person in an urban area.
An animal that a subordinate local law has prohibited in any part of the local government
area could not be sold to a person who resides within the local government area.
A declared dangerous animal could only be sold to a person who has complied with any
specified requirements for keeping such an animal.
(3) If an animal is to be offered for sale at a public auction under this section, notice of
the time and place of the auction must be exhibited at the local government’s
public office for at least 2 days before the date of the auction.
(4) An amount realised on sale of an impounded animal must be applied—
(a) first, towards the costs of the sale; and
(b) second, towards the cost-recovery fee for impounding; and
(c) third, in payment of the remainder to the former owner of the animal, unless
the owner had surrendered the animal to the local government.
(5) If no person establishes a valid claim to the amount to which the former owner is
entitled under subsection (4)(c) within 1 year of the date of the sale, the amount
becomes the property of the local government.
(6) If an animal that is offered for sale by public auction or tender is not sold through
the auction or tender process, the local government may dispose of the animal as it
considers appropriate.
Examples—
The local government may give the animal away.
The local government may have the animal destroyed.
Division 6 Other impounding matters
33 Register of impounded animals
(1) The local government must ensure that a proper record of impounded animals (the
register of impounded animals) is kept.
(2) The register of impounded animals must contain the following information about
each impounded animal—
Section 49
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 20
(a) the species, breed and sex of the animal; and
(b) the brand, colour, distinguishing markings and features of the animal; and
(c) if applicable—the registration number of the animal; and
(d) if known—the name and address of the responsible person; and
(e) the date and time of seizure and impounding; and
(f) the name of the authorised person who impounded the animal; and
(g) the reason for the impounding; and
(h) a note of any order made by an authorised person relating to the animal; and
(i) the date and details of whether the animal was sold, released, destroyed or
disposed of in some other way.
(3) The register of impounded animals must be kept available for public inspection at
the place of care for animals or, if the place has no public office, at an office
prescribed by subordinate local law.
34 Access to impounded animal
(1) This section applies to an animal impounded under section 24.
(2) The local government must allow the owner of the animal to inspect it at any
reasonable time, from time to time.
(3) Subsection (2) does not apply if it is impracticable or would be unreasonable to
allow the inspection.
(4) The inspection must be provided free of charge.
35 Unlawful removal of seized or impounded animal
(1) A person must not, without the authority of an authorised person, remove or
attempt to remove—
(a) a seized animal from the custody or control of an authorised person; or
(b) an impounded animal from the local government’s facility for keeping
impounded animals.
Maximum penalty for subsection (1)—50 penalty units.
(2) Any costs arising from damage or loss caused by a person contravening subsection
(1) are recoverable by the local government as a debt.
Part 5 Appeals against destruction orders
36 Who may appeal
An owner or responsible person for an animal the subject of a destruction order
may appeal to the Magistrates Court against the decision to make the destruction
order.
Section 50
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 21
37 Starting appeal
(1) An appeal must not be started unless a review of the decision to make the
destruction order has been finally decided or otherwise ended.
(2) An appeal is started by—
(a) filing notice of appeal with the Magistrates Court; and
(b) serving a copy of the notice of appeal on the local government; and
(c) complying with rules of court applicable to the appeal.
(3) The notice of appeal must be filed within 14 days after the appellant is given
notice by the local government about the finalisation of the review of the decision
to make a destruction order.
(4) However, the court may, at any time, extend the time for filing the notice of
appeal.
(5) The notice of appeal must state fully the grounds of the appeal and the facts relied
on.
38 Stay of destruction order
Upon filing the notice of appeal, the destruction order is stayed until the court
decides the appeal.
39 Hearing procedures
(1) In deciding an appeal, the Magistrates Court—
(a) has the same powers as the local government; and
(b) is not bound by the rules of evidence; and
(c) must comply with natural justice.
(2) An appeal is by way of rehearing, unaffected by the decision appealed against.
40 Court’s powers on appeal
(1) In deciding an appeal, the Magistrates Court may—
(a) confirm the decision appealed against; or
(b) set aside the decision and substitute another decision; or
(c) set aside the decision and return the matter to the local government with
directions the court considers appropriate.
(2) If the court substitutes another decision, the substituted decision is, for the
purposes of this local law, other than this part, taken to be the decision of the local
government.
(3) An order for the costs of an appeal may only be made against the local government
if the court is satisfied that the animal was unlawfully seized or there was no
reasonable basis for making the decision subject to the appeal.
Section 51
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 22
41 Appeal to District Court
An appeal lies to a District Court from a decision of the Magistrates Court, but
only on a question of law.
Part 6 Miscellaneous
42 Sale of animals
(1) The local government may, by subordinate local law, specify conditions to be
complied with by persons who offer animals, or a particular species of animal, for
sale.
(2) Conditions specified under subsection (1) are in addition to requirements of the
Animal Management (Cats and Dogs) Act 2008 in relation to the supply of cats
and dogs.
(3) A person must not offer or display animals for sale in the area unless the person
complies with conditions specified under subsection (1).
Maximum penalty for subsection (3)—50 penalty units.
43 Subordinate local laws
The local government may make subordinate local laws about—
(a) the circumstances in which the keeping of animals is prohibited;26 or
(b) the circumstances in which an approval is required for the keeping of
animals;27 or
(c) the circumstances in which desexing of an animal is required;28 or
(d) minimum standards for keeping animals generally or animals of a particular
species or breed;29 or
(e) the identification for cats and dogs required under the Animal Management
(Cats and Dogs) Act 2008;30 or
(f) the exclusion of animals, or animals of a specified species, from public
places;31 or
(g) designated dog off-leash areas;32 or
26
See section 5(1).
27
See section 6(1).
28 See section 7(1).
29
See section 8(1).
30 See section 9.
31
See section 10(1).
32
See section 11(1)
Section 52
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 23
(h) animals whose faeces in public places must be removed and disposed of;33
or
(i) proper enclosure requirements;34 or
(j) requirements for keeping a dog within a koala area;35 or
(k) designation of an area as a koala area;36 or
(l) the criteria for declaring an animal other than a dog to be a declared
dangerous animal;37 or
(m) the organisation or local government that operates a place or care for
impounded animals;38 or
(n) the species, breed or class of animal that may be disposed of other than by
public auction or tender;39 or
(o) the office at which the register of impounded animals is available for public
inspection;40 or
(p) the conditions to be complied with by persons who offer animals, or a
particular species of animal, for sale;41 or
(q) the exclusion of animals of a particular species from the application of this
local law;42 or
(r) the declaration of a species of animal as a declared dangerous animal;43 or
(s) the period within which an impounded animal may be reclaimed.44
33
See section 13.
34
See section 14(2).
35
See section 15(1).
36
See section 15(4).
37
See section 19(1).
38
See section 24(b).
39 See section 32(1)(b).
40
See section 33(3).
41
See section 42(1).
42
See the definition of animal in the schedule.
43
See the definition of declared dangerous animal in the schedule.
44
See the definition of prescribed period in the schedule.
Section 53
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 24
Schedule Dictionary
Section 3
animal includes a mammal, fish, bird, reptile, amphibian or insect but does not include an
animal of a species excluded by subordinate local law from the application of this local law.
attack, by an animal, means—
(a) aggressively rushing at or harassing any person or animal; or
(b) biting, butting, kicking, or otherwise causing physical injury to, a person or an animal;
or
(c) tearing clothing on, or otherwise causing damage to the property in the immediate
possession of, a person.
compliance notice means a compliance notice mentioned in Local Law No.1 (Administration)
2015, section 27.
cost-recovery fee means the fee fixed by the local government to cover the costs associated
with impounding an animal.45
declared dangerous animal means an animal—
(a) of a species declared by subordinate local law as a declared dangerous animal; or
(b) declared under section 19 of this local law to be a declared dangerous animal.
destroy, an animal, includes causing it to be destroyed.
destruction order see section 30(1).
dog off-leash area see section 11(1).
effective control see section 12(3).
notice of impounding see section 25(1).
owner, of an animal, means
(a) its registered owner;
(b) a person who owns the animal, in the sense of it being the person’s personal property;
(c) a person who usually keeps the animal, including through an agent, employee or anyone
else;
(d) if a person mentioned in paragraphs (a) to (c) is a minor—a parent or guardian of the
minor.
prescribed period means the period, fixed by subordinate local law, of not less than—
(a) if the animal is registered with the local government—5 days; or
(b) if the animal is not registered with the local government—3 days;
and commencing on the day a notice of impounding is given to a person or, if no notice is
given to a person, on the day of the seizure.
registered owner, of an animal, means a person recorded as being the owner of the animal in
a registry kept by a local government.
45
See the Act, section 97 for the power of a local government to fix a cost recovery fee.
Section 54
Noosa Shire Council Local Law No. 2 (Animal Management) 2015 25
responsible person, for an animal, means—
(a) the person, or the person’s employee acting within the scope of the employment, who
has immediate control or custody of the animal; or
(b) the parent or guardian of a minor who has immediate control or custody of the animal;
or
(c) the person who occupies the place at which the animal is usually kept,
but does not include—
(a) a person who occupies the place at which the animal is usually kept, if someone else
who is an adult and lives at the place keeps the animal; or
(b) a person who has the control or custody of or keeps the animal as an employee of
someone else, if the person is acting within the scope of the employment.
restricted dog see Animal Management (Cats and Dogs) Act 2008, section 63.
State planning instrument see Planning Act 2016, schedule 2.
the Act means the Local Government Act 2009.
wandering at large means—
(a) the animal is not under the effective control of someone; and
(b) the animal is in either—
(i) a public place; or
(ii) a private place without the consent of the occupier.
CERTIFICATION
This and the preceding 24 pages bearing my initials is a certified
copy of the consolidated version of Noosa Shire Council Local Law
No. 2 (Animal Management) 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) 2018.
.....................................................
Chief Executive Officer
722183_1
Section 55
Noosa Shire Council
Local Law No 4
(Local Government Controlled Areas,
Facilities and Roads) 2015
Section 56
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 2
Noosa Shire Council
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 Definitions—the dictionary ................................................................................... 3
4 Relationship with other laws ................................................................................ 3
Part 2 Use of local government controlled areas, facilities and roads ......4
5 Prohibited and restricted activities ....................................................................... 4
6 Motor vehicle access to local government controlled areas ................................ 4
7 Opening hours of local government controlled areas .......................................... 5
8 Power of closure of local government controlled areas ....................................... 6
Part 3 Matters affecting roads .......................................................................7
9 Power to require owner of land adjoining road to fence land .............................. 7
10 Numbering of premises and allotments adjoining a road .................................... 8
Part 3A Protection of vegetation .....................................................................8
10A Protection of vegetation on local government controlled areas and roads ......... 8
Part 4 Miscellaneous......................................................................................9
11 Subordinate local laws ......................................................................................... 9
Schedule Dictionary...........................................................................................10
Section 57
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 3
Part 1 Preliminary
1 Short title
This local law may be cited as Noosa Shire Council 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 local law is to—
(a) protect the health and safety of persons using local government controlled
land, facilities, infrastructure and roads; and
(b) preserve features of the natural and built environment and other aspects of
the amenity of local government controlled land, facilities, infrastructure
and roads.
(2) The purpose is to be achieved by providing for—
(a) the regulation of access to local government controlled areas; and
(b) the prohibition or restriction of particular activities on local government
controlled areas or roads; and
(c) miscellaneous matters affecting roads.
3 Definitions—the dictionary
The dictionary in the schedule defines particular words used in this local law.
4 Relationship with other laws1
This local law is—
(a) in addition to and does not derogate from laws2 regulating the use of trust
land and roads; and
(b) is to be read with Local Law No. 1 (Administration) 2015.
1 This local law and any subordinate local law made under it do not apply to the extent of any inconsistency
with a law of the State or the Commonwealth. See the Act, section 27.
2
Other legislation that may be relevant in the application of this local law includes the Land Act 1994, the Land
Regulation 1995 and the Land Protection (Pest and Stock Route Management) Act 2002.
Section 58
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 4
Part 2 Use of local government controlled areas,
facilities and roads3
5 Prohibited and restricted activities
(1) The local government may, by subordinate local law, declare an activity to be—
(a) prohibited in a local government controlled area or road (a prohibited
activity); or
(b) restricted in a local government controlled area or road (a restricted
activity).
Example for paragraph (a)—
The local government may declare that the lighting of fires is a prohibited activity in all local
government controlled areas, in a particular local government controlled area or in a part of a
local government controlled area.
Example for paragraph (b)-
The local government may declare that the playing of sport generally, or the playing of certain
sports, is a restricted activity in that it is restricted to particular times of the day, week, month
or year in all local government controlled areas, in a particular local government controlled
area or in a part of a local government controlled area.
(2) The local government must take reasonable steps to provide notice to members of
the public regarding restricted activities declared for local government controlled
areas or roads.
(3) In this section—
reasonable steps may include the display of a notice at a prominent place within
each local government controlled area for which a declaration under subsection
(1) has been made, stating—
(a) if the declaration relates to the whole area—the restricted activities for the
area; and
(b) if the declaration relates to a part of the area—the restricted activities and a
description of the part of the area to which the declaration applies; and
(c) in general terms, the provisions of subsection (4).
(4) A person must not engage in a prohibited activity or a restricted activity.
Maximum penalty - 20 penalty units
6 Motor vehicle access to local government controlled areas
(1) A motor vehicle access area is an area within a local government controlled area
that is—
3
Local Law No. 1 (Administration) 2015 deals with activities on local government controlled areas and roads
that require the local government’s approval, such as commercial use of local government controlled areas and
roads, alterations or improvements to local government controlled areas, and other miscellaneous regulated
activities.
Section 59
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 5
(a) a car park or roadway for which there is no sign or traffic control device
indicating that vehicles owned by members of the public are excluded; or
(b) declared under a subordinate local law for this paragraph as a motor vehicle
access area.
(2) For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a
prescribed activity4 to bring a motor vehicle onto or drive a motor vehicle on any
part of a local government controlled area that is not a motor vehicle access area.
(3) The local government may, by subordinate local law, declare a specific type of
motor vehicle (a prohibited vehicle) as prohibited in a specified motor vehicle
access area.
(4) For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a
prescribed activity5 to bring a prohibited vehicle onto or drive a prohibited vehicle
on the specified motor vehicle access area.
(5) However, subsections (2) and (4) do not apply for an emergency vehicle.
(6) The local government must take reasonable steps to provide notice to members of
the public regarding—
(a) declarations of motor vehicle access areas under subsection (1)(b); and
(b) declarations of prohibited vehicles under subsection (3).
(7) In this section—
emergency vehicle includes the following—
(a) an ambulance;
(b) a fire-engine;
(c) a police vehicle;
(d) another vehicle, including a tow truck, helicopter or mobile crane, if used in
circumstances of an emergency.
reasonable steps include, as a minimum, the display of a notice at a prominent
place within each declared motor vehicle access area stating—
(a) a description of the declared motor vehicle access area; and
(b) a description of prohibited vehicles for the area; and
(c) in general terms, the provisions of subsections (2) and (4).
7 Opening hours of local government controlled areas
(1) The local government may, by subordinate local law, declare the times when a
local government controlled area is open to the public (the opening hours).
(2) A person must not enter or remain in a local government controlled area outside
4
Local Law No.1 (Administration) 2015, section 6, creates an offence for a person to undertake a prescribed
activity without a current approval granted by the local government. Section 7 requires that the approval be
obtained under part 2 of that local law.
5
See footnote 3.
Section 60
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 6
the opening hours unless the person is authorised to do so by the chief executive
officer6.
Maximum penalty for subsection (2)—20 penalty units.
(3) If the local government declares the opening hours for a local government
controlled area under subsection (1), it must place a notice showing the opening
hours at each public entrance to the area.
8 Power of closure of local government controlled areas
(1) The local government may, by resolution, temporarily close a local government
controlled area to public access—
(a) to carry out construction, maintenance, repair or restoration work; or
(b) to protect the health and safety of a person or the security of a person’s
property; or
(c) because of a fire or other natural disaster; or
(d) to conserve or protect the cultural or natural resources of the area or native
wildlife.
(2) A resolution under subsection (1)—
(a) must state a period, not greater than 6 months, during which the area will be
closed; and
(b) must be revoked by the local government as soon as practicable after the
local government becomes satisfied that the reason for making the
resolution no longer exists.
(3) The local government may, by subordinate local law, permanently close a local
government controlled area to public access for any of the following reasons—
(a) the conservation of the cultural or natural resources of the area, including,
for example—
(i) to protect significant cultural or natural resources; or
(ii) to enable the restoration or rehabilitation of the area; or
(iii) to protect a breeding area for native wildlife; or
(iv) to manage a significant Aboriginal area in the area in a way that is
consistent with Aboriginal tradition; or
(v) to manage a significant Torres Strait Islander area in the area in a way
that is consistent with Island custom;
(b) protection of the health and safety of members of the public;
(c) protection of a facility or service in the area, including, for example,
infrastructure, water supply facilities or power generating equipment;
(d) protection of the amenity of an area adjacent to the area;
(e) the orderly or proper management of the area.
6
See definition of chief executive officer in the Act, schedule 4.
Section 61
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 7
(4) If the local government closes a local government controlled area under
subsections (1) or (3), it must place at each public entrance to the area a notice of
the closure, including a statement of the duration of the closure.
Example—
If the local government closes an area that is part of a wider local government controlled area, it
must place notices at each public entrance to the closed area.
(5) A person must not enter or remain in a local government controlled area while it is
closed to public access under this section, unless the person is authorised to do so
by the chief executive officer.
Maximum penalty for subsection (5)—20 penalty units.
(6) In this section—
significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003,
section 9.
significant Torres Strait Islander area see the Torres Strait Islander Cultural
Heritage Act 2003, section 9.
Part 3 Matters affecting roads
9 Power to require owner of land adjoining road to fence land
(1) This section applies if, in the local government’s opinion, it is necessary for land
adjoining a road to be fenced to prevent the risk of—
(a) animals escaping from the land onto the road; or
(b) interference with the safe movement of traffic or the safe use of the road.
(2) The local government may, by giving a compliance notice7 to the owner—
(a) if the land is not currently fenced—require the owner to fence the land; or
(b) if a current fence on the land is in disrepair—require the owner to repair or
replace the fence.
(3) The local government may, by subordinate local law, set out the minimum
standards with which the fence must comply.
(4) In this section—
animal does not include a native animal, feral animal or pest animal.
feral animal see Animal Care and Protection Act 2001, section 42.
pest animal see Animal Care and Protection Act 2001, section 42.
7
See Local Law No.1 (Administration) 2015, section 27, regarding the requirements for compliance notices.
Section 62
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 8
10 Numbering of premises and allotments adjoining a road8
(1) An owner of land must not adopt a number for a building or allotment that is
inconsistent with a numbering system adopted by the local government under this
section.
Maximum penalty for subsection (1)—10 penalty units.
(2) An owner of land (other than vacant land) must display the number allocated so as
to be easily identified from the adjoining road.
Maximum penalty for subsection (2)—10 penalty units.
Part 3A Protection of vegetation
10A Protection of vegetation on local government controlled areas and roads
(1) A person must not, without lawful excuse, interfere with vegetation on a local
government controlled area or road.
Maximum penalty for subsection (1) — 850 penalty units.
(2) However, subsection (1) does not apply if the person is—
(a) an employee of the local government acting in the course of the employee’s
duties; or
(b) authorised by the local government to interfere with the vegetation.
Example for paragraph (a)—
A local government employee engaged in pruning or trimming trees or removing dead or damaged
vegetation from a local government controlled area or a road.
Example for paragraph (b) —
A member of a community group who is authorised by the local government to undertake weed
clearing in a local government controlled area.
(3) If a person is convicted of an offence against subsection (1), the court in which the
conviction is made shall have jurisdiction to make an order, in addition to the
imposition of a punishment for the conviction, requiring the person to pay to the
local government —
(a) an amount to compensate the community for the value of the vegetation
interfered with as if the value of the vegetation was a debt; and
(b) the amount of any cost or expense incurred, or to be incurred, by the local
government in rectifying the damage caused by the person’s interference
with the vegetation.
Example for paragraph (b) — the local government may incur costs and expenses in rectifying
damage caused by a person’s interference with vegetation, including —
Revegetating the area at which the interference with the vegetation occurred to the
same state as before the vegetation was interfered with.
Installing a screen to protect vegetation planted by the local government to replace
vegetation interfered with by the person.
8 See the Act, section 60, regarding control of roads by a local government.
Section 63
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 9
(4) Subsection (3) does not limit the court’s powers under the Penalties and Sentences
Act 1992 or another law.
(5) In this section, interfere, with vegetation, means to engage in any activity
damaging or leading to the death, disfigurement or mutilation of the vegetation,
and includes any of the following —
(a) the poisoning (including by contamination) of the vegetation;
(b) the spilling of oil, petroleum, paint, cement, mortar or other deleterious
substances onto the root zone of the vegetation;
(c) the cutting or tearing of branches or roots of the vegetation other than in the
course of pruning permitted under this local law;
(d) the ringbarking of the vegetation;
(e) the scar barking of the vegetation;
(f) the fixing of any object into living tissue, or surrounding bark, of the
vegetation;
(g) the damaging of the root zone of the vegetation by compaction, excavation
or filling;
(h) the uprooting or displacing of the vegetation;
(i) the effecting of any hydrological scheme which causes the drainage or
flooding of the vegetation;
(j) the burning, scorching, singeing, or damaging, by radiant heat, of the
vegetation.
Part 4 Miscellaneous
11 Subordinate local laws
The local government may make subordinate local laws about—
(a) the declaration of prohibited activities or restricted activities;9 or
(b) the declaration of motor vehicle access areas;10 or
(c) the declaration of prohibited vehicles;11 or
(d) the opening hours for a local government controlled area;12 or
(e) closing a local government controlled area to public access;13 or
(f) minimum standards for fences on land adjoining a road.14
9
See section 5(1).
10
See section 6(1).
11
See section 6(3).
12
See section 7(1).
13
See section 8(3).
14
See section 9(3).
Section 64
Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015 10
Schedule Dictionary
Section 3
local government controlled area see Local Law No.1 (Administration) 2015, schedule 1.
road see Local Law No.1 (Administration) 2015, schedule 1.
CERTIFICATION
This and the preceding 9 pages bearing my initials is a certified copy
of the consolidated version of Noosa Shire Council 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) 2018.
.....................................................
Chief Executive Officer
722188_1
Section 65
Noosa Shire Council
Subordinate Local Law No 1
(Administration) 2015
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NOOSA COUNCIL /F ~3§#2——
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Noosa Shire Council
Subordinate Local Law No 1
(Administration) 2015
ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.auSection 66
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 2
Noosa Shire Council
Subordinate Local Law No. 1 (Administration) 2015
Contents
Part 1 Preliminary ...................................................................................... 444
1 Short title .................................................................................. 444
2 Purpose and how it is to be achieved ....................................... 444
3 Authorising local law ................................................................. 444
4 Definitions................................................................................. 444
Part 2 Approvals for prescribed activities .............................................. 444
5 Prescribed activities that do not require an approval—Authorising
local law, s 6(3) ........................................................................ 444
6 Categories of prescribed activities for the purposes of maximum
penalties—Authorising local law, s 6(4).................................... 444
7 Approvals that are non-transferable—Authorising local law,
s 15(2) ...................................................................................... 555
8 Prescribed complementary accommodation—Authorising local law,
schedule 1 ................................................................................ 555
9 State-controlled roads to which the local law applies—Authorising
local law, schedule 1 ................................................................ 555
10 Public place activities that are prescribed activities—Authorising
local law, schedule 2, part 2 .................................................... 555
11 Matters regarding prescribed activities—Authorising local law,
s 6(3), 8(2)(a), 9(1)(d), 10(3), 13(a), 14(1)(a) ........................... 555
Schedule 1 Prescribed activities that do not require an approval under the
authorising local law ...................................................................... 777
Schedule 2 Categories of prescribed activities for the purposes of maximum
penalties .......................................................................................... 888
Schedule 3 Categories of approval that are non-transferable ....................... 999
Schedule 4 Prescribed complementary accommodation ......................... 101010
Schedule 5 State-controlled roads to which the local law applies .......... 111111
Schedule 6 Public place activities that are prescribed activities ............. 121212
Schedule 7 Alteration or improvement to local government controlled
areas and roads ........................................................................ 131313
Schedule 9 Establishment or occupation of a temporary home .............. 181818
Schedule 10 Installation of advertising devices .......................................... 222222
ECM_20665727_v1_ATTACHMENT 5 (4of 8) - Subordinate Local Law No 1 (Administration) Consolidated
Version.doc722181_1
Section 67
Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015 3
Schedule 11 Keeping of animals ................................................................. 272727
Schedule 12 Operation of accommodation parks ....................................... 303030
Schedule 13 Schedule 13 Operation of shared facility accommodation ... 353535
Schedule 14 Operation of public swimming pools...................................... 393939
Schedule 15 Operation of temporary entertainment events ....................... 414141
Schedule 16 Undertaking regulated activities regarding human remains
— (a) disturbance of human remains buried outside a
cemetery.................................................................................... 444444
Schedule 17 Undertaking regulated activities regarding human remains
— (b) burial or disposal of human remains outside a
cemetery.................................................................................... 454545
Schedule 18 Undertaking regulated activities regarding human remains
— (c) disturbance of human remains in a local government
cemetery.................................................................................... 464646
Schedule 20 Undertaking regulated activities on local government
controlled areas and roads— (b) depositing of goods or
materials.................................................................................... 494949
Schedule 21 Undertaking regulated activities on local government controlled
areas and roads— (c) holding of a public place activity
prescribed by subordinate local law ...................................... 515151
Schedule 22 Bringing or driving motor vehicles onto local government
controlled areas ........................................................................ 535353
Schedule 23 Bringing or driving prohibited vehicles onto motor vehicle
access areas ............................................................................. 555555
Schedule 24 Parking contrary to an indication on an official traffic sign
regulating parking by time ...................................................... 565656
Schedule 25 Carrying out works on a road or interfering with a road or its
operation ................................................................................... 585858
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Part 1 Preliminary
1 Short title
This subordinate local law may be cited as Subordinate Local Law No. 1
(Administration) 2015.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 1
(Administration) 2015, which provides for a legal and procedural framework for the
administration, implementation and enforcement of the local government’s local laws,
subordinate local laws and other regulatory powers, and for miscellaneous
administrative matters.
(2) The purpose is to be achieved by providing for—
(a) various matters regarding the granting of approvals for prescribed activities;
and
(b) further specification of the definitions relevant to various prescribed
activities.
3 Authorising local law
The making of the provisions in this subordinate local law is authorised by Local Law
No. 1 (Administration) 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 Approvals for prescribed activities
5 Prescribed activities that do not require an approval—Authorising local law,
s 6(3)
For section 6(3) of the authorising local law, it is declared that section 6(2) of the
authorising local law does not apply to the prescribed activities listed in schedule 1.
6 Categories of prescribed activities for the purposes of maximum penalties—
Authorising local law, s 6(4)
For section 6(4) of the authorising local law, it is declared that—
(a) the prescribed activities listed in part 1 of schedule 2 are category 1 activities;
and
(b) the prescribed activities listed in part 2 of schedule 2 are category 2 activities;
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and
(c) the prescribed activities listed in part 3 of schedule 2 are category 3 activities.
7 Approvals that are non-transferable—Authorising local law, s 15(2)
For section 15(2) of the authorising local law, it is declared that the categories of
approval listed in schedule 3 are non-transferable.
8 Prescribed complementary accommodation—Authorising local law, schedule 1
For the purposes of the definition of complementary accommodation in schedule 1 of
the authorising local law, the accommodation listed in schedule 4 is prescribed as
appropriate for accommodation parks.
9 State-controlled roads to which the local law applies—Authorising local law,
schedule 1
For the purposes of the definition of road in schedule 1 of the authorising local law,
the State-controlled roads listed in schedule 5 are roads to which the authorising local
law applies unless otherwise provided in the local law.
10 Public place activities that are prescribed activities—Authorising local law,
schedule 2, part 2
For the purposes of paragraph (c) of the definition of regulated activities on local
government controlled areas and roads in part 2 of schedule 2 of the authorising local
law, the holding of a public place activity listed in schedule 6 is a prescribed activity.
11 Matters regarding prescribed activities—Authorising local law, s 6(3), 8(2)(a),
9(1)(d), 10(3), 13(a), 14(1)(a)
(1) For each prescribed activity, a schedule prescribes the matters specified in this section
for the prescribed activity named in section 1 of the schedule.
(2) For section 6(3) of the authorising local law, it is declared that section 6(2) of the
authorising local law does not apply to an activity stated in section 2 of the schedule
relating to the prescribed activity.
(3) For section 8(2)(a) of the authorising local law, the documents and materials that must
accompany an application for approval for the prescribed activity are stated in section
3 of the schedule relating to the prescribed activity.
(4) For section 9(1)(d) of the authorising local law, the local government may only grant
an approval for a prescribed activity if it is satisfied the proposed operation and
management of the activity would be consistent with the additional criteria prescribed
in section 4 of the schedule relating to the prescribed activity.
(5) For section 10(3) of the authorising local law, the conditions that must be imposed on
an approval for a prescribed activity are stated in section 5 of the schedule relating to
the prescribed activity.
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(6) For section 10(3) of the authorising local law, the conditions that will ordinarily be
imposed on an approval for a prescribed activity are stated in section 6 of the schedule
relating to the prescribed activity.
(7) For section 13(a) of the authorising local law, the term of an approval for a prescribed
activity is provided for in section 7 of the schedule relating to the prescribed activity.
(8) For section 14(1)(a) of the authorising local law, the further term for renewal or
extension of an approval for a prescribed activity is provided for in section 8 of the
schedule relating to the prescribed activity.
(9) For section 12 of the authorising local law, in Table 1 of the schedule relating to a
prescribed activity—
(a) column 1 lists the application requirements for which the local government
may accept as evidence the certificate of a third party certifier; and
(b) column 2 lists the individuals or organisations that are declared to be third
party certifiers for the corresponding application requirement in column 1;
and
(c) column 3 lists the qualifications that are necessary for an individual or
organisation to be a third party certifier for the corresponding application
requirement in column 1.
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Schedule 1 Prescribed activities that do not require an
approval under the authorising local law
Section 5
This section has been intentionally left blank.
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Schedule 2 Categories of prescribed activities for the
purposes of maximum penalties
Section 6
Part 1 Category 1 activities
(1) alteration or improvement to local government controlled areas and roads
(2) commercial use of local government controlled areas and roads
(3) establishment or occupation of a temporary home
(4) installation of advertising devices
(5) keeping of animals
(6) undertaking regulated activities regarding human remains
(7) undertaking regulated activities on local government controlled areas and roads
(8) the use of bathing reserves for training and competitions.
(9) operation of self-contained Recreational Vehicle stop
Part 2 Category 2 activities
(1) operation of accommodation parks
(2) operation of cemeteries
(3) operation of public swimming pools
(4) operation of shared facility accommodation
(5) operation of temporary entertainment events
Part 3 Category 3 activities
There are no identified activities in this category.
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Schedule 3 Categories of approval that are non-
transferable
Section 7
(1) Approvals for the keeping of animals, where the approval is to keep more than the
prescribed number of animals e.g. (2 dogs or 2 cats, 1 horse or donkey, 6 chickens on
an urban lot).
(2) Approvals for undertaking any regulated activities regarding human remains.
(3) Approvals for undertaking a regulated activity on a local government controlled area
and road.
(4) Approvals to establish or occupy a temporary home.
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Schedule 4 Prescribed complementary accommodation
Section 8
Other accommodation that is prescribed as appropriate accommodation in
accommodation parks within the local government’s area is –
(a) An on-site caravan; and
(b) A demountable accommodation unit; and
(c) A converted railway carriage; and
(d) A tent or other structure that can be readily assembled and disassembled.
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Schedule 5 State-controlled roads to which the local law
applies
Section 9
Subject to the chief executive’s written agreement under the Transport Operations
(Road Use Management) Act 1995, section 66(5)(b), every State-controlled road in the
local government area of the local government is a road to which applies each of the
following—
(a) Noosa Shire Council Local Law No. 1 (Administration) 2015; and
(b) Subordinate Local Law No. 1 (Administration) 2015.
For the purposes of the Transport Operations (Road Use Management) Act 1995,
section 66(5)(b), the chief executive’s written agreement is subject to the limitations
specified in a letter from the Department of Transport and Main Roads to the local
government dated 19 June 2018.
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Schedule 6 Public place activities that are prescribed
activities
Section 10
(a) film and television production activities for which a development application
is not required under the local government’s planning scheme.
(b) a street stall, cake stall, sausage sizzle, or similar fundraiser held on no more
than 1 consecutive day.
(c) commercial low use activity e.g. fitness activity, itinerant food vendors,
information or display booths.
(d) a wedding or other ceremony.
(e) busking.
(f) private organised functions that involve amplified music.
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Schedule 7 Alteration or improvement to local government
controlled areas and roads
Section 11
1 Prescribed activity
Alteration or improvement to local government controlled areas and roads
2 Activities that do not require approval under the authorising local law
(1) An approval under the authorising local law is not required for the following
activities–
(a) vegetation maintenance by a person of a nature strip immediately adjacent to
the person’s property provided the maintenance is not likely to create a risk to
the safety of pedestrians or vehicular traffic;
(b) installation of a residential/rural type vehicle crossover or driveway access,
provided the installation meets all of the standards and conditions imposed by
the local government.
(c) installation beside a road of a memorial comprising of a white cross provided
the installation complies with the local government policy for the activity.
(2) In this section –
vegetation maintenance means mowing, slashing or edging of grass,
weeding, watering, trimming of trees and other plants and removing dead or
falling branches.
vehicle crossover or driveway access means that portion of the vehicle
crossover/driveway access from the property boundary to the kerb or edge of
road, including all components that make up the vehicle access.
3 Documents and materials that must accompany applications for approval
An application for an approval must be accompanied by –
(a) name, address, telephone number and e-mail address for the person making
the application for the activity; and
(b) the property address, including lot and plan details where the activity is
proposed; and
(c) details of the work proposed to be undertaken; and
(d) details of the work methods and supervision arrangements to be used in the
activity, including pedestrian and traffic control arrangements; and
(e) details of the persons or organisation responsible for the work, if not the
applicant.
(f) the application fee as determined in Council’s schedule of fees and charges.
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4 Additional criteria for the granting of approval
As determined by an authorised person.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
For all approvals, the conditions that will ordinarily be imposed on an approval are that
the approval holder must –
(a) comply with any applicable standards for the approved activity outlined in
the local government’s Standards for the Conduct of Prescribed Activities;
and
(b) comply with any applicable requirements in the local government’s Public
Liability Insurance Requirements for Prescribed Activities.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Permits issued under this section maybe renewed by an authorised officer.
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Schedule 8 Commercial use of local government
controlled areas and roads
Section 11
1 Prescribed activity
Commercial use of local government controlled areas and roads
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name of the person who will be undertaking the prescribed activity; and
(b) the trading name, address, telephone number and email address of the
business under which the approval is to be issued; and
(c) a plan showing the relevant part of the road, footpath or public place that is to
be used for the prescribed activity; and
(d) details of the nature of the goods or services to be supplied and the times and
places at which the goods and services will be supplied; and
(e) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of approval,
except in the case of an application for an approval for street performance;
and
(f) a signed indemnity in the wording specified in the application form; and
(g) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
The additional criteria are that—
(a) The proposed type of commercial activity will be compatible with the
character and desirable characteristics of the area in which it is to be located,
having regard to –
(i) location and siting; and
(ii) size; and
(iii) community benefit; and
(iv) community need; and
(b) The activity will not unreasonably or adversely impact on existing views and
will not dominate or oppress the visual landscape; and
(c) The activity will cause no significant visual or physical obstruction of, or
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distraction to, vehicular or pedestrian traffic; and
(d) The activity will –
(i) complement and not unreasonably detract from the desirable
characteristics of the natural and built environment in which it will be
situated; and
(ii) be consistent with the type of development or land use in the vicinity.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(1) The following conditions will ordinarily be imposed on an approval, other than an
approval for street performance—
(a) the approval holder must, during the term of the approval, maintain a public
liability insurance policy of not less than $20,000,000 covering the prescribed
activity; and
(b) the activity must be designed, sited, constructed and maintained to ensure the
health and safety of the community by—
(i) complying with structural standards, specified safety requirements and
codes under applicable laws; and
(ii) exhibiting specified warning notices where required; and
(iii) storing and using hazardous materials in a safe manner; and
(iv) certifying vehicles, equipment or things involved in the prescribed
activity; and
(v) adhering to defined routes or locations specified in the approval; and
(vi) prohibiting an animal type or species from the prescribed activity
where specified in the approval; and
(vii) appropriately training persons engaged in the operation of the business;
and
(c) the amenity of residences in any adjacent residential area must be respected
and the activity must –
(i) only be undertaken within the hours specified in the approval; and
(ii) not cause a nuisance; and
(iii) ensure that the grounds, access ways and other areas to which the
public has access within the activity are maintained in a clean, tidy and
sanitary condition at all times; and
(iv) direct amplified noise away from a noise sensitive place; and
(d) the activity must not adversely impact on community health or create a
nuisance, which will be evidenced by meeting the following requirements by –
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(i) keeping the site free of pests and vermin and conditions offering
harbourage for pests and vermin; and
(ii) ensuring animals used as part of the activity are suitably located and
housed so as not to constitute a nuisance; and
(iii) providing a supply of potable water for drinking; and
(iv) providing an adequate and continuous supply of water to all relevant
toilet, bathroom, kitchen, laundry and drinking water facilities that form
part of the operations.
(2) For an approval for street performance, a condition that will ordinarily be imposed on
the approval is compliance with the Street Performance Code of Conduct, contained in
the Street Performance Operational Guidelines available on the local government’s
website.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1)
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal and subject to compliance will all of the conditions stated in
the approval.
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Schedule 9 Establishment or occupation of a temporary
home
Section 11
1 Prescribed activity
Establishment or occupation of a temporary home.
2 Activities that do not require approval under the authorising local law
The occupation of a temporary home on rural land for a maximum period of four
weeks, provided the occupation complies with section 6(1)(c) & (d) and the temporary
home is on land owned by the occupier.
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name, address, telephone number and email address of the applicant and
person to whom the temporary home application relates; and
(b) if applicable, the trading name, address, telephone number and email address
of the business under which the temporary homes approval is to be issued;
and
(c) details of the application -
(i) the purpose for which the application is required; and
(ii) the number of occupants, adults and children, to be normally
accommodated; and
(iii) toilet, bathing, laundry, water storage and refuse facilities; and
(iv) a drawing showing the design and dimensions of the proposed
temporary home; and
(d) the materials out of which the temporary home is to be constructed and other
structural details of the temporary home; and
(e) the location of the temporary home; and
(f) in the case of a residential caretaker, details of a current building approval for
the construction of the permanent residence and evidence of financial
capacity and ability to construct the permanent residence; and
(g) in the case of a site caretaker, demonstration of the need for a site caretaker;
and
(h) if the applicant is not the owner of the land on which the establishment of the
temporary home is to be located – the written consent of the owner.
(i) the applicable fee as determined by the local government’s schedule of fees
and charges.
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4 Additional criteria for the granting of approval
(1) For all approvals, the additional criteria are that –
(a) an adequate water source will be available to the proposed temporary home;
and
(b) there is adequate means of waste disposal and sanitation to ensure the
reasonable standards of health and hygiene can be maintained; and
(c) the temporary home can be suitably screened by means of landscaping,
natural vegetation or trees so as not to adversely affect the amenity of the
area; and
(d) the temporary home conforms with one of the following structural criteria in
the circumstances described –
(i) in the case of a tent – the maximum approval period will be for a term
of no more than 3 months; or
(ii) in the case of a vehicle designed or modified as a place of residence –
the maximum approval period will be for a term of no more than 6
months; or
(iii) in the case of a bus designed or modified as a place of residence – the
maximum approval period will be for a term of no more than 12
months; or
(iv) in the case of a self-contained caravan or motorhome – the maximum
approval period will be for a term of no more than 18 months; or
(v) in the case of a shed or class 10A building on the property – the shed or
building is not intended to be used permanently as a habitable building
– the maximum approval period will be for a term of no more than 24
months; or
(vi) in the case of any other proposed temporary home – the applicant can
demonstrate to the local government’s satisfaction that the health,
safety and aesthetic standards will not be adversely affected for the term
of approval applied for.
(2) For an approval relating to a residential caretaker, the additional criterion is that the
owner is liable to demonstrate an ability and capacity to construct a permanent
dwelling within the period of the building approval.
Example -
The applicant has a contract with a registered builder and sufficient funds are available. However,
this criterion may not be satisfied if –
a genuine application has not been made for building approval of a proposed permanent
residence; or
the proposed erection of a permanent residence has been approved and there is less than 90 days
left in the period fixed for finishing the relevant building work.
(3) For an approval relating to a site caretaker –
(a) the applicant must be able to demonstrate that a temporary caretaker is
required to reduce the risk of theft, vandalism or damage to buildings and
facilities on the property; and
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(b) not more than two adults will reside in a temporary home.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(1) The conditions that will ordinarily be imposed on all approvals are as follows –
(a) the temporary home must not be occupied as a place of permanent residence
for an indefinite period; and
(b) the approval holder shall construct a permanent residence on the property
within the timeframe specified in the approval; and
(c) the temporary home must be designed, sited, constructed and maintained to
ensure it does not adversely impact on public health or safety, and must be –
(i) compliant with any structural standards, specified safety requirements
and codes under relevant applicable laws; and
(ii) maintained in a good state of repair; and
(iii) maintained in a clean, tidy, sanitary and hygienic condition; and
(iv) provided with adequate ablution facilities – shower/bath, toilet and
wash basin, including provision of sufficient water supply to adequately
service those facilities; and
(v) capable of storing adequate potable water for drinking purposes; and
(vi) occupiers must not interfere with the amenity of the area through any
activity they undertake on the property.
(d) the temporary home must not adversely impact on the community health or
constitute a nuisance and must –
(i) be kept free of pests and vermin and conditions offering harbouring of
pests and vermin; and
(ii) be screened by means of natural topography, trees or landscaping so as
not to adversely affect the amenity of the area; and
(e) the temporary home must accommodate no more than the number of persons
specified in the approval; and
(f) a temporary home must be dismantled and removed by the date specified in
the approval, if required.
(2) For an approval relating to a residential caretaker or site caretaker, the additional
conditions that will ordinarily be imposed include that –
(a) the development approval for a permanent dwelling remains current; and
(b) the approval holder must provide a refuse or recycling collection service; and
(c) the permanent dwelling is being progressively constructed at such a rate it can
be reasonably expected to be completed within the period of the development
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approval and the term of the temporary home approval.
Example for paragraph (c) –
Extensions will only be granted where significant progress has been made toward the completion of the
permanent dwelling.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 10 Installation of advertising devices
Section 11
1 Prescribed activity
Installation of advertising devices.
2 Activities that do not require approval under the authorising local law
(1) Approval is not required under the authorising local law for an advertising device that
is regulated by the local government’s planning scheme.
(2) The following advertising devices (signs) do not require an application to be lodged
with the local government provided they comply with the conditions to display such a
device as identified in the following criteria.
(a) Sandwich board/A frame – a portable sign used to advertise a business or
goods and services available at the business. A sandwich board or A–frame
sign must meet all the parameters below to be self-assessable –
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy is permitted; and
(iii) the sign must be placed on the property to which it refers, or where this
is not practically possible immediately adjacent to the property; and
(iv) the maximum size permitted is 900mm x 600mm or 0.54m² on each
side of the sign; and
(v) one tear drop/kite sign may be displayed instead of using an A frame
sign.
(b) Tear Drop Flag – a free standing single piece of lightweight material
attached or supported by a flexible pole that allows the material to move in
the wind.
A tear drop flag must meet all of the parameters below to be self-assessable —
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy is permitted; and
(iii) the sign must be placed on the property to which it refers or where this
is not practically possible immediately adjacent to the property; and
(iv) the maximum height permitted is 2.0 metres; and
(v) may be displayed instead of using an A Frame sign;
(c) Event Directional – signs intended to provide directional information to
motorists about the location of an event/facility or feature.
Example: providing directions to a prize home or festival parking.
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Event directional signs must meet all of the parameters below to be self-
assessable—
(i) may be displayed for 7 days prior to, and on the day or days of the
event; and
(ii) shall be removed within 24 hours of the conclusion of the event; and
(iii) the responsible person may display up to a maximum of (5) five
signs per each event, unless approval for more signs has been given in
writing by an authorised person for the local government; and
(iv) have a maximum face area (0.54m² – 900mm x 600mm); and
(v) may not be placed on roundabouts, centre traffic islands, median strips,
or any state-controlled road; and
(vi) signs must not be nailed to trees or attached to road infrastructure,
including traffic or road advisory signs; and
(vii) shall be constructed to withstand consequent wind or other loads.
(d) Real Estate.
For sale and for lease- signs must meet all of the parameters below to be self-
assessable —
(i) only (1) one sign per property is permitted; and
(ii) the sign must be placed on the property that is for sale or where this is
not practically possible immediately adjacent to the property; and
(iii) the sign may be double sided or V shaped, provided it does not create a
hazard for pedestrians or motorists by protruding from the property; and
(iv) the maximum size permitted is 2.16m² in total area;
- a single sided sign maximum size is 2.16m²; or
- a double sided sign maximum size each side 1.08m2 = 2.16m2; and
(v) all signs that relate to the sale/lease of a property including sold/leased
signs may only be displayed for 7 days following the sale settlement or
the signing of the lease.
Open for Inspection & Auction - directional signs must meet the following
parameters to be self-assessable –
(i) signs may only be placed on the day of the auction/open for inspection
and removed immediately after the auction/open for inspection; and
(ii) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(iii) only (6) six, directional signs per event are permitted including the
auction/open for inspection sign erected at the property; and
(iv) signs may not be placed on roundabouts, centre traffic islands, median
strips, or any state-controlled road; and
(v) only (1) sign may be placed at each intersection; and
(vi) signs shall not be illuminated or animated.
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(e) Garage sale.
(i) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(ii) the number of signs must not exceed (5) per event which includes the
sign erected at the property; and
(iii) signs may not be placed on roundabouts, centre traffic islands, median
strips, any state-controlled road or on any road infrastructure; and
(iv) signs must not be placed on road infrastructure including traffic or
advisory signs; and
(v) signs must not be nailed to trees or other vegetation; and
(vi) only (1) sign may be placed at each intersection; and
(vii) signs may be put out on the day of the garage sale only and must be
removed promptly after the garage sale ends; and
(viii) signs shall not be illuminated or animated.
(f) Election sign – a temporary sign advertising or promoting a political
candidate or candidates, a registered political party, or a campaign for a
Commonwealth, State or local government election —
- during an election period; or
- in relation to a referendum.
(i) An approval is not required under the authorising local law for the
prescribed activity if the activity is the installation, erection or display
of an election sign that is visible from a road or other public place.
(ii) However, the activity of the installation, erection or display of an
election sign that is visible from a road or other public place may be
undertaken by a person only if the person complies with the following
requirements—
(A) the election sign must not be installed, erected or displayed prior
to the commencement of the election period; and
(B) the election sign must be removed within 7 days following the
end of the election period; and
(C) the election sign must be kept in good order and repair; and
(D) the election sign must not be exhibited on a local government
controlled area, or any plant, equipment or facility of the local
government; and
(E) the election sign must not be exhibited so as to constitute a risk to
public health or safety, road safety or obstruct the use of a road
(including a footpath); and
Examples of paragraph (E)— an election sign is exhibited so as to constitute
a risk to public health or safety, road safety or obstruct the use of a road if the
election sign—
- is positioned in a way that obstructs or hinders access to private property when
exiting a road, or obstructs or hinders access to a road when exiting private
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property;
- is positioned in a way that does not provide clear sight lines for drivers of
vehicles or pedestrians at road junctions, vehicle access ways or pedestrian
crossings;
- creates a traffic problem, or increases an existing traffic problem;
- is not weighted, anchored or affixed so as to ensure stability and avoid falling
or blowing into the path of pedestrian or vehicular traffic;
- is rotating, audible or illuminated and likely to cause a distraction to a driver;
- is exhibited in close proximity to an official traffic sign in a way which is likely
to hinder or obstruct a driver from seeing, reading or understanding the
official traffic sign whilst driving;
(F) the election sign must not have a surface area exceeding 1.1m2,
unless the sign is exhibited on an approved advertisement; and
(G) the election sign must be made of a material that is designed to be
easily broken, for example, a corflute sign on a timber stake.
(iii) In this paragraph (f), election period means the period—
(A) starting the day after the following relevant act is done—
- the writ for the election is issued; or
- public notice of the election is given; and
(B) ending on the close of the poll in the election.
By displaying any of the above signs either on council controlled land or on private
land, the person responsible is deemed to have been issued an approval and accepts the
conditions the local government has identified for the type of sign displayed.
3 Documents and materials that must accompany applications for approval
An advertising device that doesn’t meet the criteria as a self-assessable sign must have
the approval of the local government prior to placement either on public land or on
private land. An application for such signs must include the following information –
(a) the name of the person making the application; and
(b) the trading name, address, telephone number and email address of the
business under which the approval is to be issued; and
(c) a plan showing the relevant part of the private land, road, footpath or public
place that is to be used to display the advertising device; and
(d) a signed letter from the land owner if the applicant does not own the land the
sign is to be placed on, approving the placement; and
(e) details of the design, construction, dimensions and contents of the advertising
device and how it is to be secured to prevent it from moving; and
(f) the times the advertising device will be displayed; and
(g) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of approval;
and
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(h) the appropriate application fee as determined by the local government’s
schedule of fees and charges.
4 Additional criteria for the granting of approval
The following criteria are matters that the local government must be satisfied about,
before granting an approval for an advertising device –
(a) the construction of the advertising device must be structurally sound; and
(b) the device must not exceed the height, dimensions or overall size permitted
by the local government for the type of sign; and
(c) the device must be located on the private property to which it relates or where
that is not physically possible, a request can be made to place the sign
immediately adjacent to the property to which it relates; and
(d) the device must not obstruct vehicle or pedestrian traffic and must not
constitute a traffic hazard or impede a driver’s vision; and
(e) the device must be of a professional standard, hand painted or written signs
will not be approved; and
(f) the device must comply with the requirements of all levels of government;
and
(g) the device must not be illuminated; and
(h) the device must be architecturally attractive and contribute to the retention
and enhancement of the character of the area.
(i) an advertising device complements, and does not detract from the desirable
characteristics of the natural and built environment in which the advertising
device is exhibited.
(j) advertising devices are designed, sited and integrated so as to minimise visual
clutter.
(k) advertising devices do not detract from the visual amenity of the road
network no from the rural or residential amenity enjoyed by residents of and
visitors to Noosa.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
(a) the holder of an approval must maintain the advertising device in a sound
condition so it doesn’t create a visual or safety hazard ; and
(b) where space permits a sign to be placed on private property, approval to place
the sign on public land will be denied.
(c) an advertising device must be removed within 24 hours of the approval
lapsing.
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7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
Schedule 11 Keeping of animals
Section 11
1 Prescribed activity
Keeping of animals
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval to keep more than the permitted number of animals
must include the following information –
(a) the name, postal address and telephone contact details for the applicant and
owner of the animal to whom the approval is to be issued; and
(b) if the owner is a member of any animal organisation and intends to breed with
any of the animals included in this application, a breeder registration number
must be included; and
(c) the number of animals to be kept; and
(d) details of the species, breed, age and gender of the animal or each of the
animals for which the approval is sought; and
(e) the nature of the premises in which the animal or animals are to be kept; and
(f) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
Additional general criteria applicable to all applications for approval are that the
keeping of the animal or animals –
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(a) is the land physically suitable for the keeping of the animals; and
(b) are the enclosures in which the animals are to be kept structurally sound and
suitable to house the animals; and
(c) are not likely to cause undue nuisance, inconvenience, or annoyance to the
occupiers of adjoining land; and
(d) will not have a detrimental effect on the amenity of the surrounding area; and
(e) will not have a detrimental effect on the local environment or cause pollution
or other environmental damage.
For approval to keep a sheep or a goat on land less than 4,000m2 or a horse or donkey
on land less than 8000m2 in addition to the criteria above the applicant must provide
an animal management plan that identifies how they are going to deal with any noise,
smell or amenity issues caused by the animals, to ensure the nearby neighbours are not
adversely impacted.
5 Conditions that must be imposed on approvals
The conditions that will ordinarily be imposed for an approval to keep an animal in an
urban area are that the approval holder must –
(a) keep the property tidy and to a reasonable standard of hygiene, remove
animal faeces so they do not create a nuisance; and
(b) ensure compliance with all of the relevant requirements to keep an animal as
per the Animal Management (Cats and Dogs) Act 2008; and
(c) follow all reasonable directions issued by an authorised person; and
(d) ensure animals do not cause a nuisance, inconvenience or annoyance to
others.
6 Conditions that will ordinarily be imposed on approvals
Conditions that will ordinarily be imposed on an approval are that the approval holder
must –
(a) ensure that animal/s in their care do not cause environmental harm; and
(b) ensure that animal/s in their care do not have a detrimental effect on the
amenity of the neighbouring properties; and
(c) ensure that animal/s in their care do not cause a nuisance to neighbours by
making excessive noise; and
(d) ensure any structure used to house animal/s are positioned so as not to effect
neighbouring properties; and
(e) ensure that animal/s in their care are not permitted to stray from the property.
(f) ensure that the animal/s in their care are maintained in good health and do not
suffer undue duress.
7 Term of approval
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The term of an approval is the period stated in the approval.
8 Term of renewal of approval
The term of any renewal of an approval is the same term as the original approval
subject to compliance with all conditions stated on the approval, or such lesser term as
stated on the renewal.
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Schedule 12 Operation of accommodation parks
Section 11
1 Prescribed activity
Operation of accommodation parks
2 Activities that do not require approval under the authorising local law
Approval is not required under the authorising local law for the operation of a
self-contained RV park on land if—
(a) the self-contained RV park provides for 5 or less spaces and no other short term
accommodation is provided on the land; and
(b) the operator of the self-contained RV park complies with the following—
(i) section 6(l)(vi) and (m)(i) and (iii) of this schedule; and
(ii) if no water is provided at the self-contained RV park, and no liquid or
solid waste may be left or disposed of onsite at the self-contained RV
park—the placing of self-contained RVs at the self-contained RV park is
limited to a maximum of 4 consecutive nights; and
(iii) the land used for the operation of the self-contained RV park must—
(A) be zoned rural; and
(B) have an area greater than 10 hectares; and
(iv) vehicles (including self-contained RVs) must be able to safely enter and
exit the self-contained RV park.
3 Documents and materials that must accompany applications for approval
An application for an approval to operate an accommodation park must be
accompanied by the following—
(a) the name, address, telephone number and, where applicable, e-mail address of
the person who proposes to operate the accommodation park; and
(b) the trading name, address, telephone number and, where applicable, e-mail
address of the business under which the accommodation park is proposed to
be operated; and
(c) details of the operation of the accommodation park including —
(i) a copy of the development permit for the accommodation park; and
(ii) the location and real property description of the premises; and
(iii) the boundaries of the premises; and
(iv) the location, number and type of sanitary conveniences; and
(v) the location and number of laundries; and
(vi) the water supply system; and
(vii) a drainage plan; and
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(viii) the location and number of sites within the accommodation park
(including each site proposed to be used to accommodate
self-contained RV overnight parking); and
(ix) the ancillary facilities; and
(x) the sewerage and waste water disposal system; and
(xi) an evacuation plan; and
(xii) a register of residents and guests.
(d) the applicable fee as determined by the local government’s schedule of fees
and charges.
4 Additional criteria for the granting of approval
The following criteria may be considered when granting an approval—
(a) whether the accommodation park can be operated in a way which will not cause
any nuisance, inconvenience or annoyance to the occupiers of adjoining land;
and
(b) whether all facilities in the accommodation park are at an acceptable standard or
can be bought to an acceptable standard.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank
6 Conditions that will ordinarily be imposed on approvals
(1) The conditions that will ordinarily be imposed on an approval are the following—
(a) each site must be large enough to allow a 1.8 m separation distance
between sites, or if a device is used to secure a tent, between the device
and the adjacent tent or device used to secure it; and
(b) every site shall have a well-drained surface and where concrete pads are
provided they should be designed and built in accordance with the current
Australian Standard; and
(c) unless permanent on site accommodation is fitted with a sanitary
convenience, and shower or bath and hand wash basin as a minimum
standard, provide for the exclusive use of the occupants separate sanitary
conveniences and ablution facilities for each sex in accordance with the
table below; and
Table A (NB: facilities must be located at least 6m, but no more than 100m
from the site)
No. of No. of water No. of water Length of
sites closets and pans closets and urinals for
for females pans for males males
Up to 40 1 for every 7 sites 1 for every 10 0.6m for every
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of part thereof sites or part 20 sites or part
thereof thereof
Over 40 6 plus an 4 plus an 0.6m for every
additional 1 for additional 1 for 20 sites or part
every 15 sites or every 15 sites or thereof
part thereof in part thereof in
excess of 40 sites excess of 40
sites
No. of No. of shower No. of shower
sites cubicles or bath cubicles or bath
facilities and facilities and
hand wash hand wash
basins for basins for
females males
Up to 40 1 for every 10 1 for every 10
sites or part sites or part
thereof thereof
Over 40 1 for every 10 1 for every 10
sites or part sites or part
thereof thereof
(d) in any case, provide -
(i) for each 40 sites, or part thereof, at least 1 such closet fixture and 1
shower facility with a compartment or cubicle that is constructed,
equipped and provided with access in accordance with AS1428,
Code of Practice for Design Rules for Access by the disabled;
and
(ii) where unisex toilets are permitted by the local government, the total
number of toilets are not reduced below the combined threshold for
males and females in Table A.
(e) ensure all sanitary conveniences are constructed to ensure privacy to the
satisfaction of an authorized person; and
(f) excluding on site permanent accommodation which is fitted with
ablutionary facilities, provide for the exclusive use of the occupants
separate ablutionary facilities as per Table A above; and
(g) ensure a shower or bath facilities are installed—
(iii) with separate drainage points for the discharge of water into either
an approved sewer or septic tank or treatment device; and
(iv) in a separate compartment or cubicle which is constructed to ensure
privacy to the satisfaction of an authorized person; and
(h) provide for exclusive use of the occupants, laundry facilities in the ratio of
1 laundry tub and 1 clothes washing machine and 1 clothes hoist, or an
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equivalent length of clothes line, for every 20 sites or part thereof; and
(i) provide connection to either an approved sewer or septic tank or treatment
device in conformity with the requirements of the local government for the
carrying off and disposal of all wastes from every water closet fixture,
urinal, ablutionary facility, laundry facility and site; and
(j) provide, at a distance not more than 10m from any site, a waste water
disposal point which is—
(i) provided with a water stand pipe; and
(ii) provided with an impervious paved area measuring not less than 1m
x 1m and graded to a central drainage inlet which is connected to
sewage or a drainage system; and
(k) the operation of the accommodation park must—
(i) not attract fly breeding or vermin infestation; and
(ii) be kept free of pests and conditions offering harbourage for pests;
and
(l) the approval holder must—
(i) provide an adequate and continuous supply of hot and cold water to
all toilet, bathroom, kitchen, laundry and drinking water facilities
that form part of the operation of the accommodation park; and
(ii) maintain a potable water supply for drinking and cooking purposes;
and
(iii) ensure that any water supply outlet for non-potable water is
prominently and permanently labelled with the words “Not fit for
human consumption”; and
(iv) ensure that electricity is provided as part of the operations; and
(v) not allow a person to camp or sleep in a part of the accommodation
park that is not nominated as a site in the plan approved by the local
government; and
(vi) ensure that the undertaking of the prescribed activity does not
adversely impact on any nearby property; and
(vii) ensure that the maximum number of persons accommodated at the
accommodation park does not exceed the limit specified on the
development approval for the accommodation park; and
(viii) ensure that the accommodation park is serviced by an approved
refuse removal service; and
(m) the accommodation park must be maintained to provide a safe and
habitable environment for all residents of the accommodation park,
including—
(i) all buildings, structures, facilities, fixtures, fittings, equipment and
furniture being maintained in good working order, and in a clean,
tidy, sanitary and hygienic condition; and
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(ii) the grounds being maintained at all times; and
(iii) the operator keeping a register, available for inspection at any time
by an authorised person, containing—
(A) the name and address of each person who hires a site; and
(B) an identifying number for the site; and
(C) if a vehicle is brought onto the site—the registration number
of the vehicle; and
(D) the dates when the hiring of the site begins and ends.
(2) The conditions specified in subsection (1)(c) will not ordinarily be imposed on
an approval for the operation of an accommodation park that commenced
operation before the commencement of this subordinate local law.
(3) However, the conditions mentioned in subsection (1)(c) will ordinarily be
imposed on the operation of an accommodation park that commenced operation
before the commencement of this subordinate local law if the facilities
mentioned in subsection (1)(c) undergo significant renovation.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
9
In this schedule—
self-contained RV means a recreational vehicle (RV) that—
(a) is designed to hold fresh water, greywater and black water on board; and
(b) has on board cooking and sleeping facilities.
self-contained RV park means a place set aside for parking and residing in self-
contained RVs.
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Schedule 13 Schedule 13 Operation of shared facility
accommodation
Section 11
1. Prescribed activity
Operation of shared facility accommodation.
Example: hostel, backpacker accommodation
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval—
(a) application form; and
(b) the appropriate fees as determined in the local government’s schedule of
fees and charges; and
(c) the documents, information and materials identified in the application
form for the prescribed activity.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding whether or not to grant
the approval—
(a) whether the approval includes a pest management plan, incorporating—
(i) the prevention of the introduction of pests; and
(ii) the maintenance required to prevent the harbourage of pests; and
(iii) procedures to monitor the detection of the presence of pests; and
(iv) intervention strategies when pests are detected; and
(v) record keeping pertaining to the plan; and
(b) whether the premises will be suitable and convenient for operation as
shared facility accommodation and will provide a proper standard of
hygiene, safety and comfort in the opinion of an authorised person.
5 Conditions that must be imposed on approvals
The conditions that must be imposed on an approval are that the approval holder
and the operator of the shared facility accommodation must—
(a) ensure that the shared facility accommodation is kept in a clean and sanitary
condition to the satisfaction of an authorised person; and
(b) ensure that the shared facility accommodation is maintained in a good
state of repair and working order to the satisfaction of an authorised
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person; and
(c) ensure that all fixtures, equipment, fittings and furniture is kept in a good
state of repair and working order to the satisfaction of an authorised
person; and
(d) reside, or delegate an approved representative to reside, at the shared
facility accommodation at all times; and
(e) keep a register which includes the following details—
(v) the name and address of each occupant; and
(vi) the date of each occupant's arrival at, and departure from, the
shared facility accommodation; and
(vii) the number of the bedroom and bed allocated to each occupant;
and
(f) keep a record of all fire safety management plans, and
(g) keep a record of pest control, and
(h) keep appropriate records for any swimming pool as required by, and to
the satisfaction of, an authorised person; and
(i) keep an up-to-date site plan that identifies all rooms, bed allocation and
communal facilities; and
(j) ensure that all records and site plans are maintained and made available
for perusal by an authorised person on request, and kept at the office at
the shared facility accommodation at all times while the office is open
and in a fireproof safe located at the shared facility accommodation when
the office is not open and saved and backed up electronically off site;
and
(k) not make any changes or alterations to the shared facility
accommodation without the prior approval of the local government with
such application for approval to be submitted in writing; and
(l) establish and maintain at the shared facility accommodation a clearly
designated office; and
(m) ensure that occupants can contact emergency services at all times; and
(n) provide shared or communal areas and facilities and maintain such areas
and facilities in a good condition to the satisfaction of an authorised
person; and
(o) provide a set of clean sheets or clean sheet sleeping envelopes to each
occupant on arrival at the shared facility accommodation; and
(p) ensure all light fittings and other ceiling and wall projections (including
ceiling and wall fans) are provided with safety guards or positioned so as
not to be a danger to any occupant of a bedroom in the shared facility
accommodation to the satisfaction of an authorised person; and
(q) ensure all rooms are clearly numbered.
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6 Conditions that will ordinarily be imposed on approvals
The following conditions will ordinarily be imposed on an approval—
(a) the approval holder may be required to—
(i) provide kitchen, clothes washing, clothes drying, bathroom,
rooms, shower and toilet facilities and maintain such facilities in
a good condition to the satisfaction of an authorised person; and
(ii) provide furniture, fittings, equipment and chattels and maintain
such items in a good condition to the satisfaction of an authorised
person; and
(iii) ensure that no cooking or facilities for cooking are allowed in any
bedroom of the shared facility accommodation; and
(iv) ensure that sleeping bags are not used to sleep on any bed in the
shared facility accommodation; and
(v) provide a secure, lockable storage area for the purpose of storing
occupants' packs and luggage; and·
(vi) ensure that in any bunk, the distance between the surface of—
(A) the lower bed and the base of the upper bed is at least 87cm;
and
(B) the upper bed and the ceiling is at least 100cm; and
(vii) provide adequate under cover dining room seating for a minimum
of 25% of the maximum potential number of occupants at the
shared facility accommodation; and
(viii) ensure that towels and bed linen supplied are replaced with clean
towels and bed linen before a change of occupancy, or replaced
every third day thereafter until occupancy has ceased; and
(ix) provide the following kitchen facilities at the shared facility
accommodation to enable occupants to prepare a substantial
meal—
(A) one hand wash basin with hot and cold water delivered
through a common outlet in each kitchen; and
(B) refrigerator space which is sufficient to meet the reasonable
needs of the maximum potential number of occupants at the
shared facility accommodation; and
(C) vermin proof dry food storage space which is sufficient to
meet the reasonable needs of the maximum potential number
of occupants at the shared facility accommodation; and
(D) washing up sinks or dishwashers which are sufficient to meet
the reasonable needs of the maximum potential number of
occupants at the shared facility accommodation.
(b) the approval may state—
(i) the approved use of 1 or more rooms; and
(ii) the number of beds that may be placed and the number of persons
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who may sleep—
(A) in a specified room in the premises; or
(B) in the premises as a whole.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and
expires on the next 30th day of June, unless otherwise specified in the
approval.
(2) An approval expires at the end of the day for expiry specified in subsection
(1).
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 14 Operation of public swimming pools
Section 11
1 Prescribed activity
Operation of public swimming pools
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval –
(a) a copy of the development permit for the public swimming pool; and
(b) the application fee as determined in Council’s fees and charges schedule; and
(c) plan identifying the swimming pool; and
(d) details of the nature and extent of the public use that is proposed by the
applicant, including any training programs intended to be conducted; and
(e) details of the proposed management and supervision of the swimming pool
(including the qualifications and experience of proposed managers and
supervisors); and
(f) if the applicant is not the owner of the land on which the swimming pool is
situated—the owner’s consent to the application.
4 Additional criteria for the granting of approval
The following criteria must be considered when granting an approval –
(a) the equipment proposed for the disinfection or the disinfection process,
filtration and recirculation of swimming pool water is adequate to protect
public health; and
(b) the maintenance, management and supervision of the swimming pool will be
adequate to protect public safety and prevent nuisance.
5 Conditions that must be imposed on approvals
The following conditions are conditions that must be imposed on an approval –
(a) the approval holder, contractors or agents are required to —
(i) have the ability to provide appropriate emergency medical treatment
and first aid; and
(ii) provide appropriate equipment to rescue persons in difficulty; and erect
and display notices providing information about basic life-saving,
resuscitation and first aid techniques; and
(iii) undertake regular water testing to ensure that biological contaminants
are kept within acceptable levels; and
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(iv) keep appropriate records of all water testing and make the results
readily available for viewing by an authorised person for the council as
required; and
(v) allow an authorised person to access the premises where the swimming
pool is located at any reasonable time to inspect the swimming pool and
associated equipment; and
(vi) allow an authorised person to take samples of water from the swimming
pool for analysis.
6 Conditions that will ordinarily be imposed on approvals
The following conditions will ordinarily be imposed on an approval –
(a) The approval holder, contractors or agents are required to –
(i) provide supervision at all time the swimming pool is in use, by a person
with appropriate qualifications and experience; and
(ii) provide dressing rooms and facilities for showering and sanitation; and
(iii) comply with the Queensland Health Swimming and Spa Pool Water
Quality and Operational Guidelines.
(iv) carry out water testing at a frequency determined by the local
government.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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Schedule 15 Operation of temporary entertainment events
Section 11
1 Prescribed activity
Operation of temporary entertainment events
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval to operate a temporary entertainment event must be
accompanied by –
(a) the name, address, telephone number and email address of the applicant and
person who will be the temporary entertainment event operator; and
(b) the trading name, address, telephone number and email address of the
business under which the temporary entertainment event is to be operated;
and
(c) the registration number of any vehicle used in the operation of the temporary
entertainment event; and
(d) details of the temporary entertainment event venue; and
(e) a temporary entertainment event management plan, which must include –
(i) a community consultation plan; and
(ii) an event operational plan; and
(iii) a catering plan; and
(iv) a security service plan; and
(v) an emergency management plan; and
(vi) an alcohol management plan; and
(vii) a noise management plan; and
(viii) a traffic management plan; and
(ix) a waste management plan; and
(x) a risk management strategy; and
(xi) a public safety plan; and
(f) a copy of a public liability insurance policy of not less than $20,000,000 held
by the applicant and which will remain current during the term of the
approval; and
(g) details of compliance with the requirements of State and Commonwealth
Government agencies, including –
(i) Office of Liquor and Gaming Regulation; and
(ii) Department of Environment and Resource Management; and
(iii) Workplace Health and Safety Queensland; and
(h) details of the temporary entertainment event operator’s experience and
qualifications to conduct the event.
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4 Additional criteria for the granting of approval
An additional criterion applicable to an application for approval to operate a temporary
entertainment event is whether the application has been submitted a reasonable period
of time prior to the proposed event, which will usually be a period of not less than 6
weeks.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on an approval are that—
(a) the event must not detrimentally affect the amenity of neighbouring premises
by causing a nuisance; and
(b) the event may only be undertaken within the hours specified in the approval;
and
(c) amplified noise from the event shall be directed away from a noise sensitive
place; and
(d) a person must not camp or sleep overnight in a place (other than a residence)
covered by the temporary entertainment event unless authorised by the
approval; and
(e) the approval holder must notify all residents, organisations and persons likely
to be affected by the operation of the event within a minimum period of 4
weeks leading up to the event; and
(f) the approval holder must be able to provide quick responses to complaints
and must maintain a complaints hotline (a contact phone number) for the
duration of the event; and
(g) the event must not adversely impact on community health, which necessitates
compliance with the following requirements—
(i) the site must be kept free of pests and vermin and conditions offering
harbourage for pests and vermin; and
(ii) if the event involves the use of animals, they must be suitably located
and housed so as not to constitute a nuisance; and
(iii) where water is supplied for drinking purposes, it must be potable water;
and
(iv) an adequate and continuous supply of water must be maintained to all
permanent toilet, bathroom, kitchen, laundry and drinking water
facilities that form part of the operation of the event; and
(v) all patrons must have access to adequate toilet facilities and hand
basins; and
(vi) the site must be maintained in a clean and sanitary condition during the
event.
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7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
These permits are not generally renewed.
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Schedule 16 Undertaking regulated activities regarding
human remains— (a) disturbance of human
remains buried outside a cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (a) disturbance of human
remains buried outside a cemetery.
2 Activities that do not require approval under the authorising local law
The disturbance of human remains does not require approval under the authorising
local law if it is undertaken –
(a) pursuant to an order of the coroner or other lawful authority; or
(b) by an authorised person for the purposes of the reopening of a grave,
installation of a memorial or exhumation of human remains.
3 Documents and materials that must accompany applications for approval
This section has been intentionally left blank.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 17 Undertaking regulated activities regarding
human remains— (b) burial or disposal of
human remains outside a cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (b) burial or disposal of
human remains outside a cemetery.
2 Activities that do not require approval under the authorising local law
Nil.
3 Documents and materials that must accompany applications for approval
An application for an approval must be accompanied by –
(a) evidence regarding the criteria in section 4 of this schedule; and
(b) evidence of the ownership of the property; and
(c) Global Positioning System (GPS) reference points to identify the proposed
burial location; and
(d) a comprehensive description of the burial method and ongoing management
of the site.
4 Additional criteria for the granting of approval
The additional criteria for approvals for burial or disposal of human remains outside a
cemetery are that either –
(a) there is a special family, personal or historical association between the
deceased person and the place in which the remains are to be buried or
disposed of; or
(b) the deceased is a member of a family and the human remains of other
members of the family have been disposed of in the family cemetery.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 18 Undertaking regulated activities regarding
human remains— (c) disturbance of human
remains in a local government cemetery
Section 11
1 Prescribed activity
Undertaking regulated activities regarding human remains— (c) disturbance of human
remains in a local government cemetery
2 Activities that do not require approval under the authorising local law
The disturbance of human remains does not require approval under the authorising
local law if it is undertaken –
(a) pursuant to an order of the coroner or other lawful authority; or
(b) by an authorised person for the purposes of the reopening of a grave,
installation of a memorial or exhumation of human remains.
3 Documents and materials that must accompany applications for approval
This section has been intentionally left blank.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
This section has been intentionally left blank.
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 19 Undertaking regulated activities on local
government controlled areas and roads
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads.
2 Activities that do not require approval under the authorising local law
The following activities do not require a permit to be issued, however the activity must
be undertaken in accordance with the conditions imposed or the standards in place for
the activity.
(a) maintain a footpath adjacent to a residential property in accordance with the
local government’s policy;
(b) place a temporary portable advertising device on a footpath or public land in
accordance with the local government’s policy;
(c) construct, install or build a driveway access or vehicle crossover in
accordance with the standards set by the local government;
(d) lighting or maintaining a fire in an accommodation park, in accordance with
the local government policy for the particular accommodation park.
3 Documents and materials that must accompany applications for approval
An application for approval must be accompanied by –
(a) the name, address, telephone number and e-mail address of the person to be
conducting the regulated activity; and
(b) the trading name, address, telephone number and e-mail address of any
business under which the regulated activity will be conducted; and
(c) the registration number of any vehicle to be used in the regulated activity; and
(d) details of the nature of any goods or services to be supplied and the times and
places at which the goods or services will be supplied as part of the regulated
activity; and
(e) details of the regulated activity, including when, where and how it will be
undertaken; and
(f) any site plans and specifications regarding the regulated activity; and
(g) the appropriate fee as determined in the local governments schedule of fees
and charges; and
(h) details of all insurances relevant to the activity held by the person who will be
undertaking the regulated activity.
4 Additional criteria for the granting of approval
This section has been intentionally left blank.
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5 Conditions that must be imposed on approvals
This section has been intentionally left blank.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
This section has been intentionally blank.
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Schedule 20 Undertaking regulated activities on local
government controlled areas and roads— (b)
depositing of goods or materials
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads— (b)
depositing of goods or materials.
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval –
(a) the name, address, telephone number and e-mail address of the person
seeking to deposit the goods or material; and
(b) details of the goods and/or materials to be deposited; and
(c) details of the proposed action that requires the depositing of goods and
materials on the local government controlled area or road; and
(d) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(e) any further information that is considered relevant to the application.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding whether or not to grant the
approval to deposit good or materials –
(a) that the depositing of goods or materials would not unduly interfere with the
usual use or the amenity of the road or area; and
(b) will the activity constitute a danger or a nuisance to any person using the area
while the deposit is in place; and
(c) is there likely to be any obstruction to property accesses, footpaths or
kerbside parking spaces; and
(d) will the activity adversely affect the amenity of the area or the environment;
(e) will the activity interfere with any proposed work to be undertaken by the
local government or any other government entity.
5 Conditions that must be imposed on approvals
The following conditions could be imposed if the approval is granted –
(a) require compliance with specified safety conditions; and
(b) regulate the time within which the activity must be carried out; and
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(c) regulate the manner in which the goods or materials may be deposited; and
(d) provide public liability insurance for the amount nominated by the local
government and name the local government as an interested party on the
policy; and
(e) indemnify the local government and the state government (if the activity is on
a state road) against all claims and liability, including claims for personal
injury (including death) and damage to property; and
(f) comply with any standards specified by governments or controlling bodies in
carrying out the work; and
(g) ensure traffic control measures comply with the requirements identified in a
traffic management plan approved by the local government and Transport &
Main Roads if necessary; and
(h) the work should be completed to the satisfaction of an authorised officer of
the local government.
6 Conditions that will ordinarily be imposed on approvals
This section has been intentionally left blank.
7 Term of approval
(1). The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2). An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
This section has been intentionally left blank.
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Schedule 21 Undertaking regulated activities on local
government controlled areas and roads— (c)
holding of a public place activity prescribed by
subordinate local law
Section 11
1 Prescribed activity
Undertaking regulated activities on local government controlled areas and roads— (c)
holding of a public place activity prescribed by subordinate local law, excluding the
operation of a temporary entertainment event.
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application must include the following information –
(a) The name, address, telephone number and e-mail address of the person
seeking to hold the public place activity; and
(b) full details of the proposed public place activity to be undertaken; and
(c) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(d) proof of any specifically required licences or permits required to undertake
the activity;
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to grant the approval –
(a) the activity will not unduly interfere with the normal use and enjoyment of
the area or road; and
(b) that the application was presented to the local government within acceptable
timelines to allow enough time to investigate and issue an approval that
covers all relevant matters; and
(c) the activity will not generate noise, dust or light pollution or have any other
adverse effect on the surrounding neighbourhood;
(d) the activity can be lawfully conducted on the site; and
(e) the location is suitable for the proposed activity, taking into account the
number of people, the expected traffic disruptions and the ability for
emergency services to access the site.
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5 Conditions that must be imposed on approvals
The following conditions will ordinarily be imposed if in the opinion of an authorised
officer they are relevant to the activity proposed —
(a) require compliance with specified safety requirements relevant to the activity;
and
(b) require the applicant to exhibit specified warning notices and to take other
specified precautions for the safety of users of the road or activity area within
the timelines identified by the local government; and
(c) require the applicant to give specified indemnities and to take out specified
insurance policies nominating the local government as an interested party on
the policy and where applicable indemnify the State of Qld; and
(d) require the applicant to provide specified facilities and amenities relevant to
the activity; and
(e) regulate the hours of operation of the activity; and
(f) regulate noise emission from the activity; and
(g) require the applicant to provide specified equipment, or take specified
measures, to reduce adverse effects of the activity on the surrounding
neighbourhood to acceptable levels; and
(h) if the approval relates to an activity on a road—require the applicant to
provide proof of all permits and licences required to conduct the activity;
(i) the applicant must comply with the local government local laws and policies
relevant to the activity.
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised officer.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on
the next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Approvals under this section are not usually renewed.
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Schedule 22 Bringing or driving motor vehicles onto local
government controlled areas
Section 11
1 Prescribed activity
Bringing a motor vehicle onto or driving a motor vehicle on a place that is—
(a) within a local government controlled area; and
(b) not within a motor vehicle access area.
(Local Law No.4 (Local Government Controlled Areas, Facilities and Roads) 2015,
section 6(2)).
2 Activities that do not require approval under the authorising local law
The following exemptions apply –
(a) employees of the local government who are entering the area during the course
of the employment; and
(b) a contractor undertaking work for the local government;
3 Documents and materials that must accompany applications for approval
An application must include the following information –
(a) the name, address, telephone number and e-mail address of the person seeking
approval to bring a motor vehicle into a local government controlled area; and
(b) full details of the reasons for bringing the motor vehicle onto the local
government controlled area; and
(c) the appropriate fee as determined in the local government’s schedule of fees and
charges; and
(d) the date and time and duration of bringing the motor vehicle onto the area; and
(e) the parts of the area where the motor vehicle will be driven; and
(f) the details of motor vehicle to be driven including type, model, registration
number, and number of passengers.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to grant an approval –
(a) the applicant has been contracted to undertaken construction, repair or
maintenance work within the local government controlled area, by the local
government;
(b) there is no other access to a temporary entertainment venue except through the
controlled area, for which the applicant has received approval under another local
law;
(c) the applicant has been issued a commercial use permit by the local government
to operate in the controlled area;
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(d) the applicant is holding a celebration, ceremony or competition in the controlled
area, for which the applicant has received approval under another local law;
(e) if approved the vehicle access will not unduly interfere with the usual use and
enjoyment of the area;
(f) the vehicle proposed to be driven on the controlled area will not impact on the
natural resources and native wildlife of the area;
(g) the vehicle nominated will not cause damage to the area;
(h) the activity the vehicle will be engaged in will not generate noise or dust or other
adverse effects on the surrounding neighbourhood.
5 Conditions that must be imposed on approvals
The following conditions are conditions that will be imposed if an authorised person
determines they should be —
(a) the approval will be valid only for the dates specified in the approval;
(b) the approval will be valid only for the specific vehicle or type of vehicle
specified in the approval;
(c) the approval is not transferable;
(d) the approval holder will respect any speed limits specified in the approval;
(e) the approval holder will comply with any restrictions specified in the approval
regarding the parts of the local government controlled area that may be accessed
by vehicle;
(f) the approval must be displayed on the dashboard of the vehicle while it is within
the local government controlled area;
(g) the approval holder must have regard for the safety of other users of the local
government controlled area;
(h) the approval holder must give 24 hours notice of the vehicle access to affected
neighbours of the area;
(i) the approval holder will be liable to pay the local government the cost of
rectifying any significant damage caused by the use of the vehicle in the area;
(j) the approval may be withdrawn at any time leading up to the approval date for
any reason;
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised officer.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on the
next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
Approvals are not renewable or transferrable
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Schedule 23 Bringing or driving prohibited vehicles onto
motor vehicle access areas
Section 11
1 Prescribed activity
Bringing a prohibited vehicle onto or driving a prohibited vehicle on a specified motor
vehicle access area (Local Law No.4 (Local Government Controlled Areas, Facilities
and Roads) 2015, section 6(4)).
2 Activities that do not require approval under the authorising local law
The following exemptions apply –
(a) employees of the local government who are entering the area during the course
of the employment; and
(b) a contractor undertaking work for the local government;
3 Documents and materials that must accompany applications for approval
The following documents and materials must accompany an application for an
approval–
(a) the name, address, telephone number and e-mail address of the person
seeking approval to bring a vehicle into a motor vehicle access area; and
(b) full details of the reasons for seeking access into the motor vehicle access
area; and
(c) the appropriate fees as determined in the local government’s schedule of fees
and charges; and
(d) the date, time and duration of the required access in the area; and
(e) the parts of the area to be accessed; and
(f) the details of motor vehicle to be driven including make, model, registration,
number of persons.
4 Additional criteria for the granting of approval
As determined by an authorised person.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
6 Conditions that will ordinarily be imposed on approvals
As determined by an authorised person.
7 Term of approval
As stated in the approval.
8 Term of renewal of approval
Approvals are not renewable or transferrable.
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Schedule 24 Parking contrary to an indication on an official
traffic sign regulating parking by time
Section 11
1 Prescribed activity
Parking contrary to an indication on an official traffic sign regulating parking by time.
(Local Law No.5 (Parking) 2015, section 7(1)).
2 Activities that do not require approval under the authorising local law
Nil
3 Documents and materials that must accompany applications for approval
An application for a parking permit must be accompanied by the following
information –
(a) the name, address, telephone number and email address of the applicant; and
(b) the reason(s) why a permit is required; and
(c) the period of time for which a permit is sought; and
(d) the details of the motor vehicle, including the registration number, vehicle
make, model and type; and
(e) the appropriate fees as determined by the local government’s schedule of fees
and charges; and
(f) any other information relevant to the application.
4 Additional criteria for the granting of approval
The following criteria will be considered when deciding to issue a parking permit –
(a) the applicant has provided a valid request to park for periods longer than the
conditions to park allow as indicated on the parking sign;
(b) a parking permit is needed to access specific parking spaces where a parking
permit is required;
(c) building or construction work is approved at nearby premises and parking
conditions are restrictive on trade services or deliveries;
(d) parking is required for a special event;
(e) parking is required for a specific activity approved by the local government.
5 Conditions that must be imposed on approvals
As determined by an authorised person.
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6 Conditions that will ordinarily be imposed on approvals
The conditions that will ordinarily be imposed on a parking permit are that –
(a) the permit applies to the nominated applicant and the vehicle registration
identified on the permit; and
(b) the permit must be displayed in a highly visible place on the vehicle when the
permit is being used; and
(c) the permit is not transferrable; and
(d) the permit will only be valid for the location and conditions included in the
permit.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted and expires on the
next 30th day of June, unless otherwise specified in the approval.
(2) An approval expires at the end of the day for expiry specified in subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30th day of June, unless otherwise
specified in the renewal.
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The text continues on section 122.