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

                             Noosa Shire Council Local Law No. 1 (Administration) 2015                           8


               (a)     refuses to grant the approval; or
               (b)     grants the approval subject to a non-standard condition.
         (5) In this section—
               non-standard condition means a condition that is not prescribed under section
               10(3) as a condition that must be imposed on an approval or that will ordinarily be
               imposed on an approval.


10       Conditions of approval
         (1) An approval may be granted on conditions the local government considers
             appropriate.
         (2) However, the conditions must—
               (a)     be reasonably necessary to ensure that the operation and management of the
                       prescribed activity will be adequate to protect public health, safety and
                       amenity and prevent environmental harm; and
               (b)     be consistent with the purpose of any relevant local law; and
               (c)     if the approval is for a prescribed activity mentioned in section 5(b)—be
                       consistent with any requirements or criteria specified in the relevant Local
                       Government Act in relation to the approval; and
               (d)     not conflict with the conditions of any other relevant approval issued under
                       an Act; and
               (e)     require the approval holder to notify the local government in writing of a
                       suspension or cancellation of a relevant approval for the prescribed activity
                       under an Act within 3 days of the relevant approval being suspended or
                       cancelled.
         (3) Subject to subsection (2), the local government may, by subordinate local law,
             prescribe conditions that must be imposed on an approval or that will ordinarily be
             imposed on an approval.
         (4) To remove any doubt, it is declared that a condition of an approval may authorise
             an act or omission that—
               (a)     contravenes a noise standard; or
               (b)     causes an environmental nuisance.3
               Example for paragraph (a)—
                     A condition of an approval for operation of a temporary entertainment event may authorise the
                     operation of an amplifier device at specified times that would otherwise be a contravention of
                     the noise standard in the Environmental Protection Act 1994, section 440Y.
         (5) In this section—
               environmental nuisance see Environmental Protection Act 1994, section 15.
               noise standard see Environmental Protection Act 1994, section 440K.




3
    See Environmental Protection Act 1994, schedule 1, section 3(b).