App C - Existing STA Approval

                                                                                  Non-Compliance with Conditions of Approval
                                                                                  LOCAL LAW NO. 1 (ADMINISTRATION) 2015 - PRESCRIBED ACTIVITY -
                                                                                  SHORT STAY LETTING OR HOME HOSTED ACCOMODATION


       Part 2 Approvals for prescribed activities                                                       Section 19 Procedure for immediate suspension of approval
       Section 11 - Compliance with Conditions of Approval                                              (1) Despite section 18, the local government may immediately
       (1)    A holder of an approval MUST ensure each condition of the                                      suspend an approval if the local government believes that
              approval is complied with.                                                                     continuation of the prescribed activity by the approval holder
              Maximum penalty for subsection (1) – 50 penalty units                                          poses—
       Section 17 Grounds for amending, suspending or cancelling                                          (a) an urgent and serious threat to public health or safety; or
       approval                                                                                           (b) an urgent and serious risk of environmental harm, property
                                                                                                                damage or loss of amenity.
       Each of the following is a ground for amending, suspending or cancelling
                                                                                                        (2) The suspension—
       an approval—
                                                                                                          (a) can be effected only by the local government giving a notice
           (a) amendment, suspension or cancellation is necessary—                                              to the approval holder about the decision to immediately
                 (i) for the protection of public health or safety; or                                          suspend the approval, together with a show cause notice
                 (ii) to prevent environmental harm; or                                                         about proposed action under section 18; and
                 (iii) to prevent property damage or loss of amenity; or                                  (b) operates immediately the notices are given to the approval
                 (iv) to allow for works on roads or local government controlled                                holder; and
                       areas; or                                                                          (c) continues to operate until the earliest of the following
                 (v) to improve access to a road; or                                                            happens—
                 (vi) to improve the efficiency of vehicle or pedestrian traffic.                                 (i) the local government cancels the suspension;
           (b) another approval required for the prescribed activity under an                                     (ii) the local government gives the approval holder notice
                 Act has been suspended or cancelled;                                                                   under section 18(3) or (5) of its decision about the
           (c) in undertaking the prescribed activity, the approval holder has                                          show cause notice;
                 failed to comply with a local law or an Act;                                                     (iii) 14 days have passed since the expiry of the stated
           (d) the approval holder has failed to comply with a condition of the                                         time for the making of written submissions regarding
                 approval;                                                                                              the show cause notice;
           (e) the approval holder has failed to comply with a notice under                                       (iv) 14 days have passed since the approval holder
                 sections 26 or 27 that relates to the conduct of the prescribed                                        notifies the local government that it has made its final
                 activity or has failed to comply with a stop order under section                                       written submissions regarding the show cause notice.
                 29;                                                                                    Part 5 Enforcement
           (f) the approval was granted because of a document or                                        Section 26 Compliance notice for contravention of local law or
                 representation that was—                                                               approval condition
                 (i) false or misleading; or
                                                                                                        (1) Subsection (2) applies if an authorised person is satisfied on
                 (ii) obtained or made in another improper way.
                                                                                                             reasonable grounds that—
       Section 18 Procedure for amending, suspending or cancelling
                                                                                                             (a) a person—
       approval
                                                                                                                  (i) is contravening a local law or a condition of an
       (1) This section applies if the local government considers there is a                                            approval; or
           ground under section 17 to amend, suspend or cancel an approval                                        (ii) has contravened a local law or a condition of an
           (the proposed action).                                                                                       approval in circumstances that make it likely the
       (2) Before taking the proposed action, the local government must give                                            contravention will continue or be repeated; and
           the approval holder a written notice (the show cause notice)                                      (b) a matter relating to the contravention can be remedied;
           stating—                                                                                               and
           (a) the proposed action; and                                                                      (c) it is appropriate to give the person an opportunity to
           (b) the grounds for the proposed action; and                                                           remedy the matter.
           (c) an outline of the facts and circumstances that are the basis of                          (2) The authorised person may give10 a written notice (a
                 the grounds; and                                                                            compliance notice) to the person (the recipient) requiring the
           (d) if the proposed action is suspension of the approval, the                                     person to remedy the contravention.11
                 proposed suspension period; and                                                        (3) The compliance notice must state the following—
           (e) that the approval holder may make written submissions, within                                 (a) the particular provision of the local law or condition of an
                 a stated reasonable time of at least 21 days after the notice is                                 approval the authorised person believes is being, or has
                 given, why the proposed action should not be taken.                                              been, contravened; and
       (3) If, after considering all submissions made within the stated time, the                            (b) briefly, how it is believed the provision of the local law or
           local government decides that a ground no longer exists to cancel,                                     condition of an approval is being, or has been,
           amend or suspend the approval, the local government must take no                                       contravened; and
           further action about the show cause notice and give written notice                                (c) the time by which the recipient must remedy the
           to the approval holder about the decision.                                                             contravention; and
       (4) If, after considering all submissions made within the stated time, the                            (d) that it is an offence to fail to comply with the compliance
           local government still considers there is a ground to take the                                         notice; and
           proposed action, the local government may—                                                        (e) the maximum penalty for failing to comply with the
           (a) if the proposed action was to amend the approval—amend the                                         compliance notice.
                 approval; or                                                                           (4) The time under subsection (3)(c) must be reasonable having
           (b) if the proposed action was to suspend the approval—suspend                                    regard to—
                 the approval for no longer than the period stated in the notice;                            (a) the action required to remedy the contravention; and
                 or                                                                                          (b) the risk to public health and safety, the risk of damage to
           (c) if the proposed action was to cancel the approval—amend the                                        property or loss of amenity and the risk of environmental
                 approval, suspend it for a period or cancel it.                                                  harm posed by the contravention; and
       (5) If the local government decides to amend, suspend or cancel the                                   (c) how long the recipient has been aware of the
           approval, the local government must give the approval holder an                                        contravention.
           information notice.                                                                          (5) The compliance notice may also state the reasonable steps the
       (6) The decision takes effect on the day the written notice mentioned in                              authorised person considers necessary to remedy the
           subsection (3) or (5) is given to the approval holder, or if a later day                          contravention or avoid further contravention.
           of effect is stated in the notice, the later day. Noosa Shire Council                        (6) The compliance notice must include, or be accompanied by, an
           Local Law No. 1 (Administration) 2015 14                                                          information notice.
       (7) This section does not limit the power a local government may have                            (7) The recipient must comply with the compliance notice.12
           apart from this section to amend, suspend or cancel an approval.                                  Maximum penalty for subsection (7)—50 penalty units




Legislation References to non-compliance:

Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person.

Where a compliance notice is given to the owner of a property and requires action to be taken in relation to that property, then it will constitute a remedial notice under the Act, section 138(2).

See also sections 17(e) and 18 regarding the local government’s power to amend, suspend or cancel an approval where a notice is not complied with, and the Act, section 142, regarding the local
government’s power to enter property and take action that is required under a remedial notice.

State Penalties Enforcement Act 1999 sections 165 1(A) and 1(B) – Regulation making power and 166 - Registrar as administering authority etc and 170 - Issue of infringement notices by administering
authority.