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2018-08-07 Services and Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                           7 AUGUST 2018


   Include an updated definition for ‘urban area’ aligned to the South East Queensland Regional Plan
     2017. (Noosa Shire Council Subordinate Local Law No. 3 (Community and Environmental
     Management) 2015)
   Improve wording in relation to prohibited fires. (Noosa Shire Council Subordinate Local Law No. 3
     (Community and Environmental Management) 2015)
   Inclusion of the following National Park carparks as regulated off street parking areas to be regulated
     by Council; Mt Tinbeerwah, Noosa Heads National Park carpark; Wooroi Day Use Area; and Laguna
     Lookout carpark. (Noosa Shire Council Subordinate Local Law No. 5 (Parking) 2015)

2.     Additional Steps in the Local Law Making Process
Referral to State Entities
Following Council’s resolution of 16 April 2018 to propose to make the amending local laws, the
draft laws were referred to 25 Government entities for comment about the overall State Interest.
These entities are listed in the Public Interest Test Report.
Of the 25 entities consulted, Council received comments from the entities outlined in the table
below.

Entity                           Comment and Council Response
Department of Local              The Department notes Council’s amendments to include regulation of
Government, Racing and           vegetation clearing on Council land and encourages Council to ensure
Multicultural Affairs            these provisions do not conflict with section 37 of the Local Government
                                 Act 2009 (LGA) by establishing an alternative development process.
                                 This comment was reviewed with King and Company solicitors and
                                 Council’s Development Assessment Manager and it is confirmed that the
                                 proposed amendment does not conflict with the LGA.

Department of Agriculture        The Department reviewed Council’s amendments and was concerned that
and Fisheries                    the proposed amendments for a self-contained RV park have the ability to
                                 impact agricultural state interests. Specifically, DAF was concerned that
                                 there is a risk that a self-contained RV park could impact the normal
                                 operations of an existing rural activity or prevent one from expanding.
                                 This comment was reviewed by Council’s Planning and Local Laws
                                 branches and it is determined that the concerns raised by the Department
                                 would be considered in any approval application received by Council.
                                 Council’s Development Assessment Manager also confirmed that the
                                 planning scheme addresses any amenity issue by requiring a setback of
                                 these campsites by 50m from any dwelling unit on the subject or adjacent
                                 property.


Public consultation process
Council invited written submissions from the public on the proposed amending local laws for a
28 day period from 27 April 2018 to 25 May 2018.
In accordance with Council’s Local Law Making Process, an advertisement was placed in Noosa
News to inform the community of the proposed amendments and the consultation process. A
project was also opened on Council’s Your Say Noosa website.
As a result of the public consultation process, Council received 4 written submissions, which all
related to the proposed regulation of parking within the Noosa National Park Carparks. A
summary of those submissions is outlined below.
It is important to note that whilst the proposed amendments make the following National Park
carparks regulated off street parking areas: Mt Tinbeerwah carpark, Noosa Heads National Park
carpark, Wooroi Day Use Area and Laguna Lookout carpark, the relevant time limits and
regulation conditions are not set within the local law. The relevant time limits will be determined in
consultation with Council and The Department of Environment and Science (Parks and Forests).

                                                                                            Page 59 of 165
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