2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments

                             Noosa Shire Council Local Law No. 1 (Administration) 2015                      11


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.