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

                        Noosa Shire Council Local Law No. 1 (Administration) 2015                           9



11   Compliance with conditions of approval
     (1) A holder of an approval must ensure each condition of the approval is complied
         with.
          Maximum penalty for subsection (1)—50 penalty units.
     (2) For a prescribed activity mentioned in section 5(b), this section does not apply if
         the Act that provides for the local government to grant an approval stipulates a
         penalty for contravening a condition of the approval.


12   Third party certification
     (1) In deciding an application under this part, the local government may accept the
         certificate of a third party certifier as evidence about any application requirement
         that is mentioned in a subordinate local law for this subsection.
          Example—
                A subordinate local law under section 9(1)(d) might specify that a criterion to be met by
                applicants for approval to operate a public swimming pool is a management plan that complies
                with the Royal Life Saving Society’s Guidelines for Safe Pool Operation. A subordinate local
                law under the current section could state that compliance with this requirement is a matter
                about which a third party certifier may provide certification. In deciding an application, the
                local government may then accept a certificate of a third party certifier (approved under a
                subordinate local law pursuant to subsection (2) – e.g. the Royal Life Saving Society) as
                evidence that this requirement has been met.
     (2) In this section—
          third party certifier means—
          (a)     an individual or organisation declared under a subordinate local law for this
                  paragraph as a third party certifier for particular application requirements; or
          (b)     an individual or organisation that has the qualifications prescribed under a
                  subordinate local law for this paragraph as necessary to provide a certificate
                  about particular application requirements.
          application requirement means a matter that the local government must be
          satisfied about, or have regard to, before granting an application for approval for a
          prescribed activity.


13   Term of approval
          Unless sooner cancelled or suspended, an approval remains in force for—
          (a)      the term provided for the prescribed activity under a subordinate local law
                   for this paragraph; or
          (b)      if there is no term provided for under a subordinate local law—one year
                   from the date the approval is granted.


14   Renewal of approval
     (1) An approval holder may, before the end of the term of the approval, apply to the
         local government to renew or extend the approval for—
          (a)     a further term provided for the prescribed activity under a subordinate local
                  law for this paragraph; or