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   6


                the opening hours unless the person is authorised to do so by the chief executive
                officer6.
                Maximum penalty for subsection (2)—20 penalty units.
         (3) If the local government declares the opening hours for a local government
             controlled area under subsection (1), it must place a notice showing the opening
             hours at each public entrance to the area.

8        Power of closure of local government controlled areas
         (1) The local government may, by resolution, temporarily close a local government
             controlled area to public access—
                 (a)    to carry out construction, maintenance, repair or restoration work; or
                 (b)    to protect the health and safety of a person or the security of a person’s
                        property; or
                 (c)    because of a fire or other natural disaster; or
                 (d)    to conserve or protect the cultural or natural resources of the area or native
                        wildlife.
         (2) A resolution under subsection (1)—
                 (a)    must state a period, not greater than 6 months, during which the area will be
                        closed; and
                 (b)    must be revoked by the local government as soon as practicable after the
                        local government becomes satisfied that the reason for making the
                        resolution no longer exists.
         (3) The local government may, by subordinate local law, permanently close a local
             government controlled area to public access for any of the following reasons—
                 (a)    the conservation of the cultural or natural resources of the area, including,
                        for example—
                        (i)    to protect significant cultural or natural resources; or
                        (ii)   to enable the restoration or rehabilitation of the area; or
                        (iii) to protect a breeding area for native wildlife; or
                        (iv) to manage a significant Aboriginal area in the area in a way that is
                             consistent with Aboriginal tradition; or
                        (v)    to manage a significant Torres Strait Islander area in the area in a way
                               that is consistent with Island custom;
                 (b)    protection of the health and safety of members of the public;
                 (c)    protection of a facility or service in the area, including, for example,
                        infrastructure, water supply facilities or power generating equipment;
                 (d)    protection of the amenity of an area adjacent to the area;
                 (e)    the orderly or proper management of the area.


6
    See definition of chief executive officer in the Act, schedule 4.