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

      Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015   5



                (a)   a car park or roadway for which there is no sign or traffic control device
                      indicating that vehicles owned by members of the public are excluded; or
                (b)   declared under a subordinate local law for this paragraph as a motor vehicle
                      access area.
         (2) For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a
             prescribed activity4 to bring a motor vehicle onto or drive a motor vehicle on any
             part of a local government controlled area that is not a motor vehicle access area.
         (3) The local government may, by subordinate local law, declare a specific type of
             motor vehicle (a prohibited vehicle) as prohibited in a specified motor vehicle
             access area.
         (4) For the purposes of Local Law No.1 (Administration) 2015, section 5(b), it is a
             prescribed activity5 to bring a prohibited vehicle onto or drive a prohibited vehicle
             on the specified motor vehicle access area.
         (5) However, subsections (2) and (4) do not apply for an emergency vehicle.
         (6) The local government must take reasonable steps to provide notice to members of
             the public regarding—
                (a)   declarations of motor vehicle access areas under subsection (1)(b); and
                (b)   declarations of prohibited vehicles under subsection (3).
         (7) In this section—
                emergency vehicle includes the following—
                (a)   an ambulance;
                (b)   a fire-engine;
                (c)   a police vehicle;
                (d)   another vehicle, including a tow truck, helicopter or mobile crane, if used in
                      circumstances of an emergency.
                reasonable steps include, as a minimum, the display of a notice at a prominent
                place within each declared motor vehicle access area stating—
                (a)   a description of the declared motor vehicle access area; and
                (b)   a description of prohibited vehicles for the area; and
                (c)   in general terms, the provisions of subsections (2) and (4).


7        Opening hours of local government controlled areas
         (1) The local government may, by subordinate local law, declare the times when a
             local government controlled area is open to the public (the opening hours).
         (2) A person must not enter or remain in a local government controlled area outside

4
  Local Law No.1 (Administration) 2015, section 6, creates an offence for a person to undertake a prescribed
activity without a current approval granted by the local government. Section 7 requires that the approval be
obtained under part 2 of that local law.
5
    See footnote 3.