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          7


         (4) If the local government closes a local government controlled area under
             subsections (1) or (3), it must place at each public entrance to the area a notice of
             the closure, including a statement of the duration of the closure.
               Example—
                 If the local government closes an area that is part of a wider local government controlled area, it
                 must place notices at each public entrance to the closed area.
         (5) A person must not enter or remain in a local government controlled area while it is
             closed to public access under this section, unless the person is authorised to do so
             by the chief executive officer.
               Maximum penalty for subsection (5)—20 penalty units.
         (6) In this section—
               significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003,
               section 9.
               significant Torres Strait Islander area see the Torres Strait Islander Cultural
               Heritage Act 2003, section 9.


Part 3                         Matters affecting roads

9        Power to require owner of land adjoining road to fence land
         (1) This section applies if, in the local government’s opinion, it is necessary for land
             adjoining a road to be fenced to prevent the risk of—
                (a)    animals escaping from the land onto the road; or
                (b)    interference with the safe movement of traffic or the safe use of the road.
         (2) The local government may, by giving a compliance notice7 to the owner—
                (a)    if the land is not currently fenced—require the owner to fence the land; or
                (b)    if a current fence on the land is in disrepair—require the owner to repair or
                       replace the fence.
         (3) The local government may, by subordinate local law, set out the minimum
             standards with which the fence must comply.
         (4) In this section—
               animal does not include a native animal, feral animal or pest animal.
               feral animal see Animal Care and Protection Act 2001, section 42.
               pest animal see Animal Care and Protection Act 2001, section 42.




7
    See Local Law No.1 (Administration) 2015, section 27, regarding the requirements for compliance notices.