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

                            Noosa Shire Council Local Law No. 1 (Administration) 2015                            5



             (b)       an activity for which a Local Government Act authorises the local
                       government to grant an approval but does not make any other provision,
                       except provision that is consistent with this part, about the process for the
                       local government to grant the approval.

6     Offence to undertake local law prescribed activity without approval
       (1) This section applies to a prescribed activity mentioned in—
             (a)       section 5(a); or
             (b)       section 5(b) of the Local Government Act that authorises the local
                       government to grant the approval is a local law.2
       (2) A person must not undertake the prescribed activity without a current approval
           granted by the local government.
             Maximum penalty for subsection (2)—
                   (a) for an activity for which no category has been declared by subordinate local
                       law—50 penalty units; or
                   (b) for a category 1 activity—50 penalty units; or
                   (c) for a category 2 activity—200 penalty units; or
                   (d) for a category 3 activity—500 penalty units.
       (3) However, a local government may, by subordinate local law, declare that
           subsection (2) does not apply to a prescribed activity or a particular activity that is
           within the category of a prescribed activity.
             Examples—
                       A subordinate local law may declare that subsection (2) does not apply to installation of a
                        specified type of advertising device (for example, a device prescribed as a ‘permitted
                        advertising device’). These permitted advertising devices would not require an approval
                        under this part but other types of advertising devices would continue to require an
                        approval.
                       A subordinate local law may declare that subsection (2) does not apply to the operation of
                        a camping ground that meets certain criteria (for example, less than a certain size or in a
                        particular location) or complies with certain conditions. A person operating such a
                        camping ground would therefore not require an approval under this part.
                       A subordinate local law may declare that subsection (2) does not apply to the
                        establishment or operation of a temporary home in a particular part of the local
                        government’s area.
       (4) In this section—
             category 1 activity means a prescribed activity that is declared as a category 1
             activity by a subordinate local law for this definition.
             category 2 activity means a prescribed activity that is declared as a category 2
             activity by a subordinate local law for this definition.
             category 3 activity means a prescribed activity that is declared as a category 3
             activity by a subordinate local law for this definition.



2
 For the offence for undertaking a prescribed activity mentioned in section 5(b) without a current approval if the
Local Government Act is not a local law, see the relevant Local Government Act that provides for the approval.