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

                           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.