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                                 16


25       Production of records
         (1) This section applies where an authorised person has entered a property under the
             Act to find out whether the conditions of an approval have been complied with. 9
         (2) The authorised person may require the occupier of the property to produce for
             inspection records that are required by the conditions of an approval.
         (3) A person must comply with a requirement under subsection (2), unless the person
             has a reasonable excuse.
                Maximum penalty for subsection (3)—10 penalty units.

26       Compliance notice for contravention of local law or approval condition
         (1) Subsection (2) applies if an authorised person is satisfied on reasonable grounds
             that—
                (a)       a person—
                              (i)    is contravening a local law or a condition of an approval; or
                              (ii)   has contravened a local law or a condition of an approval in
                                     circumstances that make it likely the contravention will continue
                                     or be repeated; and
                (b)       a matter relating to the contravention can be remedied; and
                (c)       it is appropriate to give the person an opportunity to remedy the matter.
                Examples for paragraph (b) of matters relating to a contravention that can be remedied—
                      •    If the contravention relates to a person’s failure to take action that is required under a local
                           law or a condition of an approval, then the matter can be remedied by the person taking
                           that action.
                      •    If the contravention relates to a person taking action that is prohibited under a local law or
                           a condition of an approval, then the matter can be remedied by the person stopping that
                           action.
         (2) The authorised person may give 10 a written notice (a compliance notice) to the
             person (the recipient) requiring the person to remedy the contravention. 11
         (3) The compliance notice must state the following—
                (a)       the particular provision of the local law or condition of an approval the
                          authorised person believes is being, or has been, contravened; and
                (b)       briefly, how it is believed the provision of the local law or condition of an
                          approval is being, or has been, contravened; and
                (c)       the time by which the recipient must remedy the contravention; and
                (d)       that it is an offence to fail to comply with the compliance notice; and
                (e)       the maximum penalty for failing to comply with the compliance notice.
         (4) The time under subsection (3)(c) must be reasonable having regard to—
                (a)       the action required to remedy the contravention; and

9
    See the Act, section 132.
10
     See the Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person.
11
  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).