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      8



10     Numbering of premises and allotments adjoining a road8
        (1) An owner of land must not adopt a number for a building or allotment that is
            inconsistent with a numbering system adopted by the local government under this
            section.
             Maximum penalty for subsection (1)—10 penalty units.
       (2) An owner of land (other than vacant land) must display the number allocated so as
           to be easily identified from the adjoining road.
             Maximum penalty for subsection (2)—10 penalty units.


Part 3A                      Protection of vegetation

10A      Protection of vegetation on local government controlled areas and roads
       (1) A person must not, without lawful excuse, interfere with vegetation on a local
           government controlled area or road.
             Maximum penalty for subsection (1) — 850 penalty units.
       (2) However, subsection (1) does not apply if the person is—
              (a)    an employee of the local government acting in the course of the employee’s
                     duties; or
              (b)    authorised by the local government to interfere with the vegetation.
             Example for paragraph (a)—
             A local government employee engaged in pruning or trimming trees or removing dead or damaged
             vegetation from a local government controlled area or a road.
             Example for paragraph (b) —
             A member of a community group who is authorised by the local government to undertake weed
             clearing in a local government controlled area.
       (3) If a person is convicted of an offence against subsection (1), the court in which the
           conviction is made shall have jurisdiction to make an order, in addition to the
           imposition of a punishment for the conviction, requiring the person to pay to the
           local government —
              (a)    an amount to compensate the community for the value of the vegetation
                     interfered with as if the value of the vegetation was a debt; and
              (b)    the amount of any cost or expense incurred, or to be incurred, by the local
                     government in rectifying the damage caused by the person’s interference
                     with the vegetation.
             Example for paragraph (b) — the local government may incur costs and expenses in rectifying
             damage caused by a person’s interference with vegetation, including —
                          Revegetating the area at which the interference with the vegetation occurred to the
                           same state as before the vegetation was interfered with.
                          Installing a screen to protect vegetation planted by the local government to replace
                           vegetation interfered with by the person.


8 See the Act, section 60, regarding control of roads by a local government.