2020-02-11 P&E Agenda - Item 4 - Attachment 1 - Noosa Shire Council Local Law No 1 (Administration) 2015

                    Noosa Shire Council Local Law No. 1 (Administration) 2015             13


                    (ii)   obtained or made in another improper way.


18   Procedure for amending, suspending or cancelling approval
     (1) This section applies if the local government considers there is a ground under
         section 17 to amend, suspend or cancel an approval (the proposed action).
     (2) Before taking the proposed action, the local government must give the approval
         holder a written notice (the show cause notice) stating—
          (a)   the proposed action; and
          (b)   the grounds for the proposed action; and
          (c)   an outline of the facts and circumstances that are the basis of the grounds;
                and
          (d)   if the proposed action is suspension of the approval, the proposed suspension
                period; and
          (e)   that the approval holder may make written submissions, within a stated
                reasonable time of at least 21 days after the notice is given, why the
                proposed action should not be taken.
     (3) If, after considering all submissions made within the stated time, the local
         government decides that a ground no longer exists to cancel, amend or suspend the
         approval, the local government must take no further action about the show cause
         notice and give written notice to the approval holder about the decision.
     (4) If, after considering all submissions made within the stated time, the local
         government still considers there is a ground to take the proposed action, the local
         government may—
          (a)   if the proposed action was to amend the approval—amend the approval; or
          (b)   if the proposed action was to suspend the approval—suspend the approval
                for no longer than the period stated in the notice; or
          (c)   if the proposed action was to cancel the approval—amend the approval,
                suspend it for a period or cancel it.
     (5) If the local government decides to amend, suspend or cancel the approval, the
         local government must give the approval holder an information notice.
     (6) The decision takes effect on the day the written notice mentioned in subsection (3)
         or (5) is given to the approval holder, or if a later day of effect is stated in the
         notice, the later day.
     (7) This section does not limit the power a local government may have apart from this
         section to amend, suspend or cancel an approval.


19   Procedure for immediate suspension of approval
     (1) Despite section 18, the local government may immediately suspend an approval if
         the local government believes that continuation of the prescribed activity by the
         approval holder poses—
          (a)   an urgent and serious threat to public health or safety; or
          (b)   an urgent and serious risk of environmental harm, property damage or loss of
                amenity.