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               18


         (6) The recipient must comply with the compliance notice. 16
                Maximum penalty for subsection (6)—50 penalty units.

28       Power to remove and cost recovery
         (1) This section applies where—
                (a)    a structure or other material thing has been brought onto a local government
                       controlled area or road in contravention of a local law; or
                (b)    a structure has been erected or installed in, on, across, under or over a road in
                       contravention of a local law.
         (2) An authorised person may seize (by dismantling if necessary) and impound the
             structure or thing if its immediate removal is necessary—
                (a)    in the interests of public health or safety; or
                (b)    to prevent environmental harm, property damage or loss of amenity.
         (3) Where subsection (2) does not apply, an authorised person may seize (by
             dismantling if necessary) and impound the structure or thing if—
                (a)    the owner, or person in possession, of the structure or thing has not complied
                       with a compliance notice requiring the owner or person to remove it; and
                (b)    the time for making an application for review of the compliance notice under
                       section 22 has expired.
         (4) The local government may recover the cost of action taken under this section as a
             debt from the person responsible for the activity mentioned in subsection (1).
         (5) In this section—
                thing does not include an animal.

29       Stop orders
         (1) An authorised person may give a relevant person an order to immediately stop a
             prescribed activity if the authorised person believes that continuation of the
             activity 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.
         (2) An order under this section
                (a)    may be given orally or in writing; and
                (b)    operates until the earliest of the following happens
                             (i)    the expiry of the period, of no more than 3 days, specified by the
                                    authorised person when the order is given;
                             (ii)   the local government immediately suspends the approval for the
                                    prescribed activity under section 19.
         (3) An authorised person must confirm an oral order in writing by the next business


16
     See also footnote 12.