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                           9


               (b)     causes an environmental nuisance. 3
               Example for paragraph (a)—
                     A condition of an approval for operation of a temporary entertainment event may authorise the
                     operation of an amplifier device at specified times that would otherwise be a contravention of
                     the noise standard in the Environmental Protection Act 1994, section 440Y.
         (5) In this section—
               environmental nuisance see Environmental Protection Act 1994, section 15.
               noise standard see Environmental Protection Act 1994, section 440K.

11        Compliance with conditions of approval
         (1) A holder of an approval must ensure each condition of the approval is complied
             with.
               Maximum penalty for subsection (1)—50 penalty units.
         (2) For a prescribed activity mentioned in section 5(b), this section does not apply if
             the Act that provides for the local government to grant an approval stipulates a
             penalty for contravening a condition of the approval.


12       Third party certification
         (1) In deciding an application under this part, the local government may accept the
             certificate of a third party certifier as evidence about any application requirement
             that is mentioned in a subordinate local law for this subsection.
               Example—
                     A subordinate local law under section 9(1)(d) might specify that a criterion to be met by
                     applicants for approval to operate a public swimming pool is a management plan that complies
                     with the Royal Life Saving Society’s Guidelines for Safe Pool Operation. A subordinate local
                     law under the current section could state that compliance with this requirement is a matter
                     about which a third party certifier may provide certification. In deciding an application, the
                     local government may then accept a certificate of a third party certifier (approved under a
                     subordinate local law pursuant to subsection (2) – e.g. the Royal Life Saving Society) as
                     evidence that this requirement has been met.
          (2) In this section—
               third party certifier means—
               (a)     an individual or organisation declared under a subordinate local law for this
                       paragraph as a third party certifier for particular application requirements; or
               (b)     an individual or organisation that has the qualifications prescribed under a
                       subordinate local law for this paragraph as necessary to provide a certificate
                       about particular application requirements.
               application requirement means a matter that the local government must be
               satisfied about, or have regard to, before granting an application for approval for a
               prescribed activity.


13       Term of approval


3
    See Environmental Protection Act 1994, schedule 1, section 3(b).