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                19


          day following the giving of the order.
     (4) A person who receives an order under this section must comply with the order.
          Maximum penalty for subsection (4)50 penalty units.
     (5) This section does not affect the local government’s powers under another law.
     (6) In this section—
          relevant person means the approval holder for the prescribed activity or an
          employee or agent of the approval holder currently conducting the prescribed
          activity.


Part 6                  Legal proceedings

30   Defence of reasonable excuse
          If a person is charged with an offence involving a contravention of a local law, it
          is a defence to prove that the person had a reasonable excuse for the contravention.


31   General defence for owners or occupiers of land
          In a proceeding under a local law against the owner or occupier of land for an
          offence relating to an act or omission with respect to the land, it is a defence for
          the owner or occupier to prove that—
          (a)    the act or omission occurred without the owner’s or occupier’s knowledge
                 or consent; and
          (b)    the owner or occupier could not, by reasonable diligence, have prevented
                 the act or omission.

32   Joint and several liability
     (1) If a local law imposes a liability on an owner or occupier of property, or a person
         engaged in a particular activity, and 2 or more persons are the owners or occupiers
         of the relevant property, or are jointly engaged in the relevant activity, the liability
         is joint and several.
     (2) This section applies both to civil liabilities and liabilities enforced by summary
         proceedings under the Justices Act 1886.


33   Rewards
     (1) The local government may, by public notice, offer a reward for information
         leading to the conviction of a person for—
          (a)    an offence involving damage to, or theft of, property of the local
                 government or under the local government’s control; or
          (b)    an offence against a local law.
     (2) The amount of the reward, and the conditions on which it is payable, must be
         decided by resolution of the local government.