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                            8


           (b)       grant the approval subject to conditions determined in accordance with
                     section 10; or
           (c)       refuse to grant the approval.
           Examples for paragraph (b)—
                 •    If an application for which the local government’s approval is required may result in
                      damage to property, the local government may, as a condition of giving its approval,
                      require the applicant to give reasonable security (which may include a deposit of money, a
                      guarantee or an insurance bond) to ensure that the damage is made good.
                 •    The local government may grant an approval subject to the standard conditions imposed
                      on the approval pursuant to a subordinate local law made under section 10(3) of this law.
     (3)   However, the local government’s powers in deciding the application are subject to
           the provisions of any relevant local law.
     (4)   The local government must give the applicant an information notice if the local
           government—
           (a)       refuses to grant the approval; or
           (b)       grants the approval subject to a non-standard condition.
     (5) In this section—
           non-standard condition means a condition that is not prescribed under section
           10(3) as a condition that must be imposed on an approval or that will ordinarily be
           imposed on an approval.


10   Conditions of approval
     (1) An approval may be granted on conditions the local government considers
         appropriate.
     (2) However, the conditions must—
           (a)       be reasonably necessary to ensure that the operation and management of the
                     prescribed activity will be adequate to protect public health, safety and
                     amenity and prevent environmental harm; and
           (b)       be consistent with the purpose of any relevant local law; and
           (c)       if the approval is for a prescribed activity mentioned in section 5(b)—be
                     consistent with any requirements or criteria specified in the relevant Local
                     Government Act in relation to the approval; and
           (d)       not conflict with the conditions of any other relevant approval issued under
                     an Act; and
           (e)       require the approval holder to notify the local government in writing of a
                     suspension or cancellation of a relevant approval for the prescribed activity
                     under an Act within 3 days of the relevant approval being suspended or
                     cancelled.
     (3) Subject to subsection (2), the local government may, by subordinate local law,
         prescribe conditions that must be imposed on an approval or that will ordinarily be
         imposed on an approval.
     (4) To remove any doubt, it is declared that a condition of an approval may authorise
         an act or omission that—
           (a)       contravenes a noise standard; or