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

                              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).