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

                    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