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

                             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.